1.1.................... moves to amend S.F. No. 80, the third engrossment, as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2008, section 10A.01, subdivision 18, is amended to
1.4read:
1.5 Subd. 18.
Independent expenditure. "Independent expenditure" means an
1.6expenditure expressly advocating the election or defeat of a clearly identified candidate,
1.7if the expenditure is made without the express or implied consent, authorization, or
1.8cooperation of, and not in concert with or at the request or suggestion of, any candidate or
1.9any candidate's principal campaign committee or agent. An independent expenditure is
1.10not a contribution to that candidate.
An expenditure by a political party or political party
1.11unit in a race where the political party has a candidate on the ballot is not an independent
1.12expenditure.
1.13 Sec. 2. Minnesota Statutes 2008, section 10A.01, subdivision 26, is amended to read:
1.14 Subd. 26.
Noncampaign disbursement. "Noncampaign disbursement" means
1.15a purchase or payment of money or anything of value made, or an advance of credit
1.16incurred, or a donation in kind received, by a principal campaign committee for any of
1.17the following purposes:
1.18 (1) payment for accounting and legal services;
1.19 (2) return of a contribution to the source;
1.20 (3) repayment of a loan made to the principal campaign committee by that
1.21committee;
1.22 (4) return of a public subsidy;
1.23 (5) payment for food, beverages
, and necessary utensils and supplies, entertainment,
1.24and facility rental for a fund-raising event;
1.25 (6) services for a constituent by a member of the legislature or a constitutional officer
1.26in the executive branch, including the costs of preparing and distributing a suggestion or
2.1idea solicitation to constituents, performed from the beginning of the term of office to
2.2adjournment sine die of the legislature in the election year for the office held, and half
2.3the cost of services for a constituent by a member of the legislature or a constitutional
2.4officer in the executive branch performed from adjournment sine die to 60 days after
2.5adjournment sine die;
2.6 (7) payment for food and beverages consumed by a candidate or volunteers while
2.7they are engaged in campaign activities;
2.8 (8) payment for food or a beverage consumed while attending a reception or meeting
2.9directly related to legislative duties;
2.10 (9) payment of expenses incurred by elected or appointed leaders of a legislative
2.11caucus in carrying out their leadership responsibilities;
2.12 (10) payment by a principal campaign committee of the candidate's expenses for
2.13serving in public office, other than for personal uses;
2.14 (11) costs of child care for the candidate's children when campaigning;
2.15 (12) fees paid to attend a campaign school;
2.16 (13) costs of a postelection party during the election year when a candidate's name
2.17will no longer appear on a ballot or the general election is concluded, whichever occurs
2.18first;
2.19 (14) interest on loans paid by a principal campaign committee on outstanding loans;
2.20 (15) filing fees;
2.21 (16) post-general election thank-you notes or advertisements in the news media;
2.22 (17) the cost of campaign material purchased to replace defective campaign material,
2.23if the defective material is destroyed without being used;
2.24 (18) contributions to a party unit;
2.25 (19) payments for funeral gifts or memorials;
2.26 (20) the cost of a magnet less than six inches in diameter containing legislator
2.27contact information and distributed to constituents;
2.28 (21) costs associated with a candidate attending a political party state or national
2.29convention in this state; and
2.30 (22) other purchases or payments specified in board rules or advisory opinions as
2.31being for any purpose other than to influence the nomination or election of a candidate
2.32or to promote or defeat a ballot question.
2.33 The board must determine whether an activity involves a noncampaign disbursement
2.34within the meaning of this subdivision.
3.1 A noncampaign disbursement is considered to be made in the year in which the
3.2candidate made the purchase of goods or services or incurred an obligation to pay for
3.3goods or services.
3.4 Sec. 3. Minnesota Statutes 2008, section 10A.04, subdivision 5, is amended to read:
3.5 Subd. 5.
Late filing. The board must send a notice by certified mail to any lobbyist
3.6or principal who fails after seven days after a filing date imposed by this section to file a
3.7report or statement or to pay a fee required by this section. If a lobbyist or principal fails to
3.8file a report
or pay a fee required by this section within ten business days after the
notice
3.9was sent report was due, the board may impose a late filing fee of $5 per day, not to exceed
3.10$100, commencing with the 11th day after the
notice was sent report was due. The board
3.11must send
an additional notice by certified mail to any lobbyist or principal who fails to file
3.12a report
or pay a fee within
14 days after the first notice was sent by the board ten business
3.13days after the report was due that the lobbyist or principal may be subject to a civil penalty
3.14for failure to file the report or pay the fee. A lobbyist or principal who fails to file a report
3.15or statement or pay a fee within seven days after the
second certified mail notice was sent
3.16by the board is subject to a civil penalty imposed by the board of up to $1,000.
3.17 Sec. 4. Minnesota Statutes 2008, section 10A.071, subdivision 3, is amended to read:
3.18 Subd. 3.
Exceptions. (a) The prohibitions in this section do not apply if the gift is:
3.19 (1) a contribution as defined in section
10A.01, subdivision 11;
3.20 (2) services to assist an official in the performance of official duties, including
3.21but not limited to providing advice, consultation, information, and communication in
3.22connection with legislation, and services to constituents;
3.23 (3) services of insignificant monetary value;
3.24 (4) a plaque with a resale value of $5 or less;
3.25 (5) a trinket or memento costing $5 or less;
3.26 (6) informational material
of unexceptional value with a resale value of $5 or less; or
3.27 (7) food or a beverage given at a reception, meal, or meeting away from the
3.28recipient's place of work by an organization before whom the recipient appears to make a
3.29speech or answer questions as part of a program.
3.30 (b) The prohibitions in this section do not apply if the gift is given:
3.31 (1) because of the recipient's membership in a group, a majority of whose members
3.32are not officials, and an equivalent gift is given to the other members of the group; or
3.33 (2) by a lobbyist or principal who is a member of the family of the recipient, unless
3.34the gift is given on behalf of someone who is not a member of that family.
4.1 Sec. 5. Minnesota Statutes 2008, section 10A.08, is amended to read:
4.210A.08 REPRESENTATION DISCLOSURE.
4.3A public official who represents a client for a fee before an individual, board,
4.4commission, or agency that has rulemaking authority in a hearing conducted under chapter
4.514, must disclose the official's participation in the action to the board within 14 days after
4.6the appearance.
The board must send a notice by certified mail to any public official
4.7who fails to disclose the participation within 14 days after the appearance. If the public
4.8official fails to disclose the participation within ten business days after the
notice was sent
4.9disclosure required by this section was due, the board may impose a late filing fee of $5
4.10per day, not to exceed $100, starting on the 11th day after the
notice was sent disclosure
4.11was due. The board must send
an additional notice by certified mail to a public official
4.12who fails to disclose the participation within
14 ten days after the
first notice was sent by
4.13the board disclosure was due that the public official may be subject to a civil penalty for
4.14failure to disclose the participation. A public official who fails to disclose the participation
4.15within seven days after the
second certified mail notice was sent by the board is subject
4.16to a civil penalty imposed by the board of up to $1,000.
4.17 Sec. 6. Minnesota Statutes 2008, section 10A.09, subdivision 7, is amended to read:
4.18 Subd. 7.
Late filing. The board must send a notice by certified mail to any
4.19individual who fails within the prescribed time to file a statement of economic interest
4.20required by this section. If an individual fails to file a statement
of economic interest
4.21required by this section within ten business days after the notice was sent, the board may
4.22impose a late filing fee of $5 per day, not to exceed $100, commencing on the 11th day
4.23after the
notice was sent statement was due. The board must send
an additional notice by
4.24certified mail to any individual who fails to file a statement within
14 ten days after the
4.25first notice was sent by the board statement was due that the individual may be subject to
4.26a civil penalty for failure to file a statement. An individual who fails to file a statement
4.27within seven days after the
second certified mail notice was sent by the board is subject to
4.28a civil penalty imposed by the board up to $1,000.
4.29 Sec. 7. Minnesota Statutes 2008, section 10A.14, subdivision 2, is amended to read:
4.30 Subd. 2.
Form. The statement of organization must include:
4.31(1) the name and address of the committee, fund, or party unit;
4.32(2) the name
and, address
, and e-mail address of the chair of a political committee,
4.33principal campaign committee, or party unit;
4.34(3) the name and address of any supporting association of a political fund;
5.1(4) the name
and, address
, and e-mail address of the treasurer and any deputy
5.2treasurers;
5.3(5)
the name, address, and e-mail address of the candidate of a principal campaign
5.4committee;
5.5(6) a listing of all depositories or safety deposit boxes used; and
5.6(6) (7) for the state committee of a political party only, a list of its party units.
5.7 Sec. 8. Minnesota Statutes 2008, section 10A.14, subdivision 4, is amended to read:
5.8 Subd. 4.
Failure to file; penalty. The board must send a notice by certified mail to
5.9any individual who fails to file a statement required by this section. If the individual fails
5.10to file a statement
required by this section within ten business days after the
notice was
5.11sent statement was due, the board may impose a late filing fee of $5 per day, not to exceed
5.12$100, commencing with the 11th day after the
notice was sent statement was due.
5.13The board must send
an additional notice by certified mail to any individual who
5.14fails to file a statement within
14 ten days after the
first notice was sent by the board
5.15statement was due that the individual may be subject to a civil penalty for failure to file
5.16the
report statement. An individual who fails to file the statement within seven days
5.17after the
second certified mail notice was sent by the board is subject to a civil penalty
5.18imposed by the board of up to $1,000.
5.19 Sec. 9. Minnesota Statutes 2008, section 10A.14, is amended by adding a subdivision
5.20to read:
5.21 Subd. 5. Exemptions. For good cause shown, the board must grant exemptions to
5.22the requirement that e-mail addresses be provided.
5.23 Sec. 10. Minnesota Statutes 2008, section 10A.20, subdivision 1, is amended to read:
5.24 Subdivision 1.
First filing; duration. The treasurer of a political committee,
5.25political fund, principal campaign committee, or party unit must begin to file the reports
5.26required by this section in the first year it receives contributions or makes expenditures
5.27in excess of $100 and must continue to file until the committee, fund, or party unit is
5.28terminated.
The reports must be filed electronically in a standards-based open format
5.29specified by the board. For good cause shown, the board must grant exemptions to the
5.30requirement that reports be filed electronically.
5.31EFFECTIVE DATE.This section is effective January 1, 2012, and applies to
5.32reports for election years on or after that date.
6.1 Sec. 11. Minnesota Statutes 2008, section 10A.20, is amended by adding a subdivision
6.2to read:
6.3 Subd. 1b. Release of reports. Except as provided in subdivision 1c, a report filed
6.4under this section is nonpublic data until 8:00 a.m. on the day following the day the
6.5report was due.
6.6 Sec. 12. Minnesota Statutes 2008, section 10A.20, is amended by adding a subdivision
6.7to read:
6.8 Subd. 1c. Reports of certain political party units. (a) This subdivision applies to
6.9the following party units:
6.10(1) the two state party units of major political parties that received the highest level
6.11of contributions in the last election year;
6.12(2) the two party units established by members of a major party in the house of
6.13representatives that received the highest level of contributions in the last election year; and
6.14(3) the two party units established by members of a major party in the senate that
6.15received the highest level of contributions in the last election year.
6.16(b) A report filed under this section by a member of one of the party units listed in
6.17paragraph (a) is nonpublic data until the reports of each of the party units in that group
6.18have been filed.
6.19(c) A report filed electronically under this section by a member of one of the party
6.20units listed in paragraph (a) is nonpublic data unless the reports of each of the party
6.21units in that group are filed electronically or until the board has created electronic data
6.22from the nonelectronic report so that data from each report are available in the same
6.23electronic form. The board may produce a viewable image of an electronic report after the
6.24requirements of paragraph (b) have been met.
6.25(d) A party unit may waive the restrictions on publication of data established in this
6.26section through a written statement signed by the treasurer.
6.27(e) Nothing in this subdivision prevents the board from publicly disclosing that an
6.28entity subject to this section has filed a report and the date the report was filed.
6.29(f) Each group listed in paragraph (a) is exempt from the electronic filing requirement
6.30unless both members of the group have approved the filing format specified by the board.
6.31 Sec. 13. Minnesota Statutes 2008, section 10A.20, subdivision 12, is amended to read:
6.32 Subd. 12.
Failure to file; penalty. The board must send a notice by certified mail
6.33to any individual who fails to file a statement required by this section. If an individual
6.34fails to file a
statement report required by this section that is due January 31 within ten
7.1business days after the
notice was sent report was due, the board may impose a late filing
7.2fee of $5 per day, not to exceed $100, commencing with the 11th day after the
notice
7.3was sent report was due.
7.4If an individual fails to file a
statement report required by this section that is due
7.5before a primary or election within three days after the date due, regardless of whether the
7.6individual has received any notice, the board may impose a late filing fee of $50 per day,
7.7not to exceed $500, commencing on the fourth day after the date the statement was due.
7.8The board must send
an additional notice by certified mail to an individual who fails
7.9to file a
statement report within 14 days after the
first notice was sent by the board report
7.10was due that the individual may be subject to a civil penalty for failure to file
a statement
7.11the report. An individual who fails to file the
statement report within seven days after the
7.12second certified mail notice was sent by the board is subject to a civil penalty imposed by
7.13the board of up to $1,000.
7.14 Sec. 14. Minnesota Statutes 2008, section 10A.27, subdivision 1, is amended to read:
7.15 Subdivision 1.
Contribution limits. (a) Except as provided in subdivision 2,
7.16a candidate must not permit the candidate's principal campaign committee to accept
7.17aggregate contributions made or delivered by any individual, political committee, or
7.18political fund in excess of the following:
7.19(1) to candidates for governor and lieutenant governor running together, $2,000 in
7.20an election year for the office sought and $500 in other years;
7.21(2) to a candidate for attorney general, $1,000 in an election year for the office
7.22sought and $200 in other years;
7.23(3) to a candidate for the office of secretary of state or state auditor, $500 in an
7.24election year for the office sought and $100 in other years;
7.25(4) to a candidate for state senator, $500 in an election year for the office sought and
7.26$100 in other years;
and
7.27(5) to a candidate for state representative, $500 in an election year for the office
7.28sought and $100 in the other year
; and
7.29(6) to a candidate for judicial office, $2,000 in an election year for the office sought
7.30and $500 in other years.
7.31(b) The following deliveries are not subject to the bundling limitation in this
7.32subdivision:
7.33(1) delivery of contributions collected by a member of the candidate's principal
7.34campaign committee, such as a block worker or a volunteer who hosts a fund-raising
7.35event, to the committee's treasurer; and
8.1(2) a delivery made by an individual on behalf of the individual's spouse.
8.2(c) A lobbyist, political committee, political party unit, or political fund must not
8.3make a contribution a candidate is prohibited from accepting.
8.4 Sec. 15. Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read:
8.5 Subd. 6.
Distribution of party accounts. As soon as the board has obtained from
8.6the secretary of state the results of the primary election, but no later than one week after
8.7certification by the State Canvassing Board of the results of the primary, the board must
8.8distribute the available money in each party account, as certified by the commissioner of
8.9revenue on September 1, to the candidates of that party who have signed a spending
8.10limit agreement under section
10A.322 and filed the affidavit of contributions required
8.11by section
10A.323, who were opposed in either the primary election or the general
8.12election, and whose names are to appear on the ballot in the general election, according
8.13to the allocations set forth in subdivisions 5 and 5a. The public subsidy from the party
8.14account may not be paid in an amount greater than the expenditure limit of the candidate
8.15or the expenditure limit that would have applied to the candidate if the candidate had not
8.16been freed from expenditure limits under section
10A.25, subdivision 10.
If a candidate
8.17files the affidavit required by section
10A.323 after September 1 of the general election
8.18year, the board must pay the candidate's allocation to the candidate at the next regular
8.19payment date for public subsidies for that election cycle that occurs at least 15 days after
8.20the candidate files the affidavit.
8.21 Sec. 16. Minnesota Statutes 2008, section 10A.31, is amended by adding a subdivision
8.22to read:
8.23 Subd. 7a. Withholding of public subsidy. If a candidate who is eligible for
8.24payment of public subsidy under this section has not filed the report of receipts and
8.25expenditures required under section 10A.20 before a primary election, any public subsidy
8.26for which that candidate is eligible must be withheld by the board until the candidate
8.27complies with the filing requirements of section 10A.20 and the board has sufficient time
8.28to review or audit the report. If a candidate who is eligible for public subsidy does not file
8.29the report due before the primary election under section 10A.20 by the date that the report
8.30of receipts and expenditures filed before the general election is due, that candidate shall
8.31not be paid public subsidy for that election.
8.32 Sec. 17. Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read:
9.1 Subdivision 1.
Agreement by candidate. (a) As a condition of receiving a public
9.2subsidy, a candidate must sign and file with the board a written agreement in which the
9.3candidate agrees that the candidate will comply with sections
10A.25;
10A.27, subdivision
9.410
;
10A.31, subdivision 7, paragraph (c);
10A.324; and
10A.38.
9.5 (b) Before the first day of filing for office, the board must forward agreement forms to
9.6all filing officers. The board must also provide agreement forms to candidates on request at
9.7any time. The candidate must file the agreement with the board by September 1 preceding
9.8the candidate's general election or a special election held at the general election. An
9.9agreement may not be filed after that date. An agreement once filed may not be rescinded.
9.10 (c) The board must notify the commissioner of revenue of any agreement signed
9.11under this subdivision.
9.12 (d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means
9.13of a special election and the filing period does not coincide with the filing period for the
9.14general election, a candidate may sign and submit a spending limit agreement not later
9.15than the day after the
candidate files the affidavit of candidacy or nominating petition for
9.16the office close of the filing period for the special election for which the candidate filed.
9.17 Sec. 18. Minnesota Statutes 2008, section 10A.323, is amended to read:
9.1810A.323 AFFIDAVIT OF CONTRIBUTIONS.
9.19 In addition to the requirements of section
10A.322, to be eligible to receive a public
9.20subsidy under section
10A.31 a candidate or the candidate's treasurer must file an affidavit
9.21with the board stating that during that calendar year the candidate has accumulated
9.22contributions from persons eligible to vote in this state in at least the amount indicated for
9.23the office sought, counting only the first $50 received from each contributor:
9.24 (1) candidates for governor and lieutenant governor running together, $35,000;
9.25 (2) candidates for attorney general, $15,000;
9.26 (3) candidates for secretary of state and state auditor, separately, $6,000;
9.27 (4) candidates for the senate, $3,000; and
9.28 (5) candidates for the house of representatives, $1,500.
9.29 The affidavit must state the total amount of contributions that have been received
9.30from persons eligible to vote in this state, disregarding the portion of any contribution in
9.31excess of $50.
9.32 The candidate or the candidate's treasurer must submit the affidavit required by this
9.33section to the board in writing by the cutoff date for reporting of receipts and expenditures
9.34before a primary under section
10A.20, subdivision 4.
10.1 A candidate for a vacancy to be filled at a special election for which the filing period
10.2does not coincide with the filing period for the general election must submit the affidavit
10.3required by this section to the board within five days after
filing the affidavit of candidacy
10.4the close of the filing period for the special election for which the candidate filed.
10.5 Sec. 19. Minnesota Statutes 2008, section 10A.35, is amended to read:
10.610A.35 COMMERCIAL USE OF INFORMATION PROHIBITED.
10.7Information copied from reports and statements filed with the board
, other than
10.8reports and statements filed by lobbyists and lobbyist principals, may not be sold or used
10.9by an individual or association for a commercial purpose. Purposes related to elections,
10.10political activities, or law enforcement are not commercial purposes. An individual or
10.11association who violates this section is subject to a civil penalty of up to $1,000. An
10.12individual who knowingly violates this section is guilty of a misdemeanor.
10.13 Sec. 20. Minnesota Statutes 2008, section 13.607, is amended by adding a subdivision
10.14to read:
10.15 Subd. 5a. Campaign reports. Certain reports filed with the Campaign Finance and
10.16Public Disclosure Board are classified under section 10A.20.
10.17 Sec. 21.
CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD;
10.18FUNDING OPTION.
10.19The Campaign Finance and Public Disclosure Board shall analyze the potential use
10.20of funds collected under Minnesota Statutes, section 10A.31, as the exclusive source of
10.21funding for the operations of the board.
10.22The board must submit a report describing the board's findings and recommendations
10.23under this section to the chairs of the legislative committees with jurisdiction over
10.24elections finance no later than January 15, 2011.
10.25 Sec. 22.
REPEALER.
10.26Minnesota Statutes 2008, section 10A.20, subdivision 6b, is repealed."
10.27Renumber the sections in sequence and correct the internal references
10.28Amend the title accordingly