.................... moves to amend the committee engrossment to S.F. No. 3134,
(CES3134-1), as follows:
Page 4, after line 13, insert:
"Sec. 8. Minnesota Statutes 2008, section 10A.01, subdivision 18, is amended to read:
Subd. 18. Independent expenditure.
"Independent expenditure" means an
expenditure expressly advocating the election or defeat of a clearly identified candidate,
if the expenditure is made without the express or implied consent, authorization, or
cooperation of, and not in concert with or at the request or suggestion of, any candidate or
any candidate's principal campaign committee or agent. An independent expenditure is
not a contribution to that candidate.
An expenditure by a political party or political party
1.11 unit in a race where the political party has a candidate on the ballot is not an independent
1.12 expenditure An independent expenditure does not include the act of announcing a formal
1.13public endorsement of a candidate for public office, unless the act is simultaneously
1.14accompanied by an expenditure that would otherwise qualify as an independent
1.15expenditure under this subdivision
1.16EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2008, section 10A.01, is amended by adding a subdivision
1.19 Subd. 37. Independent expenditure political committee. "Independent
1.20expenditure political committee" means a political committee that makes only independent
1.21expenditures and disbursements permitted under section 10A.121, subdivision 1.
Sec. 10. Minnesota Statutes 2008, section 10A.01, is amended by adding a subdivision
2.1 Subd. 38. Independent expenditure political fund. "Independent expenditure
2.2political fund" means a political fund that makes only independent expenditures and
2.3disbursements permitted under section 10A.121, subdivision 1.
Sec. 11. Minnesota Statutes 2008, section 10A.12, is amended by adding a subdivision
2.6 Subd. 1a. When required for independent expenditures. An association other
2.7than a political committee that makes only independent expenditures and disbursements
2.8permitted under section 10A.121, subdivision 1, must do so by forming and registering
2.9an independent expenditure political fund if the expenditure is in excess of $100 or by
2.10contributing to an existing independent expenditure political committee or political fund.
Sec. 12. [10A.121] INDEPENDENT EXPENDITURE POLITICAL
2.12COMMITTEES AND INDEPENDENT EXPENDITURE POLITICAL FUNDS.
2.13 Subdivision 1. Permitted disbursements. An independent expenditure political
2.14committee or an independent expenditure political fund, in addition to making independent
2.16(1) pay costs associated with its fund-raising and general operations;
2.17(2) pay for communications that do not constitute contributions or approved
2.19(3) make contributions to other independent expenditure political committees or
2.20independent expenditure political funds.
2.21 Subd. 2. Penalty. An independent expenditure political committee or independent
2.22expenditure political fund is subject to a civil penalty of up to four times the amount of the
2.23contribution or approved expenditure if it does the following:
2.24(1) makes a contribution to a candidate, party unit, political committee, or political
2.25fund other than an independent expenditure political committee or an independent
2.26expenditure political fund; or
2.27(2) makes an approved expenditure.
2.28This penalty supersedes any penalty otherwise provided in statute.
Sec. 13. Minnesota Statutes 2008, section 10A.20, subdivision 2, is amended to read:
Subd. 2. Time for filing.
(a) The reports must be filed with the board on or before
January 31 of each year and additional reports must be filed as required and in accordance
with paragraphs (b) and (c).
(b) In each year in which the name of the candidate is on the ballot, the report of
the principal campaign committee must be filed 15 days before a primary and ten days
before a general election, seven days before a special primary and a special election,
and ten days after a special election cycle.
(c) In each general election year, a political committee, political fund, or party
unit must file reports 28 and
15 days before a primary and
ten 42 and 15
days before a
general election. Beginning in 2012, reports required under this paragraph must also be
3.8filed 56 days before a primary.
Sec. 14. Minnesota Statutes 2008, section 10A.20, subdivision 4, is amended to read:
Subd. 4. Period of report.
A report must cover the period from
the last day covered
3.11 by the previous report January 1 of the reporting year
to seven days before the filing date,
except that the report due on January 31 must cover the period from the last day covered
by the previous report to December 31.
Sec. 15. Minnesota Statutes 2008, section 10A.20, subdivision 12, is amended to read:
Subd. 12. Failure to file; penalty.
The board must send a notice by certified mail
to any individual who fails to file a statement required by this section. If an individual
fails to file a statement due January 31 within ten business days after the notice was sent,
the board may impose a late filing fee of
per day, not to exceed
day after the notice was sent.
If an individual fails to file a statement due before a primary or election within three
days after the date due, regardless of whether the individual has received any notice, the
board may impose a late filing fee of $50 per day, not to exceed
day after the date the statement was due.
The board must send an additional notice by certified mail to an individual who fails
to file a statement within 14 days after the first notice was sent by the board that the
individual may be subject to a civil penalty for failure to file a statement. An individual
who fails to file the statement within seven days after the second notice was sent by the
board is subject to a civil penalty imposed by the board of up to $1,000.
3.29EFFECTIVE DATE.This section is effective June 1, 2010, and applies to
3.30statements required to be filed on or after that date.
Sec. 16. Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision
4.1 Subd. 14. Contributions of business revenue. An association may, if not
4.2prohibited by other law, contribute revenue from the operation of a business to an
4.3independent expenditure political committee or an independent expenditure political fund
4.4without complying with section 10A.27, subdivision 13.
Sec. 17. Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision
4.7 Subd. 15. Contributions of dues or contribution revenue. An association may,
4.8if not prohibited by other law, contribute revenue from membership dues or fees, or
4.9from contributions received by the association to an independent expenditure political
4.10committee or an independent expenditure political fund without complying with section
4.1110A.27, subdivision 13. Before the day when the recipient committee or fund's next report
4.12must be filed with the board under section 10A.20, subdivision 2 or 5, an association
4.13that has contributed $2,000 or more in aggregate to independent expenditure political
4.14committees or funds during the calendar year must provide in writing to the recipient's
4.15treasurer a statement that includes the name and address of each association that paid the
4.16association dues or fees, or made contributions to the association that, in total, aggregate
4.17$1,000 or more between January 1 of the calendar year and the date of the contribution.
4.18The statement must be certified as true and correct by an officer of the contributing
Sec. 18. Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision
4.22 Subd. 16. Treasurer to submit disclosure statements. The treasurer of a political
4.23committee or political fund receiving a statement required under section 10A.27,
4.24subdivision 15, must file a copy of the statement before the deadline for the committee
4.25or fund's next report filed with the board under section 10A.20, subdivision 2 or 5, after
4.26receiving the statement.
Sec. 19. Minnesota Statutes 2008, section 10A.27, is amended by adding a subdivision
4.29 Subd. 17. Penalty. (a) An association that makes a contribution under section
4.3010A.27, subdivision 15, and fails to provide the required statement within the time
4.31specified is subject to a civil penalty of up to four times the amount of the contribution,
4.32but not to exceed $25,000, except when the violation was intentional.
5.1(b) An independent expenditure political committee or an independent expenditure
5.2political fund that files a report without including the statement required under section
5.310A.27, subdivision 15, is subject to a civil penalty of up to four times the amount of the
5.4contribution for which disclosure was not filed, but not to exceed $25,000, except when
5.5the violation was intentional.
5.6(c) The penalties provided under this subdivision supersede any penalty otherwise
5.7provided in statute.
Sec. 20. Minnesota Statutes 2008, section 211B.01, subdivision 3, is amended to read:
Subd. 3. Candidate.
"Candidate" means an individual who seeks nomination
or election to a
statewide, legislative, judicial, or local office including special
districts, school districts, towns, home rule charter and statutory cities, and counties
5.12 except candidates for president and vice-president of the United States
Page 17, after line 33, insert:
"Sec. 31. Minnesota Statutes 2008, section 211B.04, is amended to read:
5.15211B.04 CAMPAIGN LITERATURE MUST INCLUDE DISCLAIMER.
(a) A person who participates in the preparation or dissemination of campaign
material other than as provided in section
211B.05, subdivision 1
, that does not
prominently include the name and address of the person or committee causing the material
to be prepared or disseminated in a disclaimer substantially in the form provided in
paragraph (b) or (c) is guilty of a misdemeanor.
(b) Except in cases covered by paragraph (c), the required form of disclaimer is:
"Prepared and paid for by the .......... committee, .........(address)" for material prepared
and paid for by a principal campaign committee, or "Prepared and paid for by the ..........
committee, .........(address), in support of .........(insert name of candidate or ballot
question)" for material prepared and paid for by a person or committee other than a
principal campaign committee.
(c) In the case of broadcast media, the required form of disclaimer is: "Paid for by
the ............ committee."
(d) Campaign material that is not circulated on behalf of a particular candidate
or ballot question must also include in the disclaimer either that it is "in opposition to
.....(insert name of candidate or ballot question.....)"; or that "this publication is not
circulated on behalf of any candidate or ballot question."
(e) This section does not apply to objects stating only the candidate's name and
the office sought, fund-raising tickets, or personal letters that are clearly being sent by
(f) This section does not apply to an individual or association who acts independently
of any candidate, candidate's committee, political committee, or political fund and spends
only from the individual's or association's own resources a sum that is less than
in the aggregate to produce or distribute campaign material that is distributed at
least seven days before the election to which the campaign material relates.
(g) This section does not modify or repeal section
6.7EFFECTIVE DATE.This section is effective June 1, 2010, and applies to
6.8campaign material prepared or disseminated on or after that date.
Sec. 32. Minnesota Statutes 2008, section 211B.15, subdivision 2, is amended to read:
Subd. 2. Prohibited contributions.
A corporation may not make a contribution
or offer or agree to make a contribution
directly or indirectly, of any money, property,
free service of its officers, employees, or members, or thing of monetary value to a
major political party, organization, committee, or individual to promote or defeat the
candidacy of an individual for nomination, election, or appointment to a political office.
For the purpose of this subdivision, "contribution" includes an expenditure to promote or
defeat the election or nomination of a candidate to a political office that is made with the
authorization or expressed or implied consent of, or in cooperation or in concert with, or at
the request or suggestion of, a candidate or committee established to support or oppose a
candidate but does not include an independent expenditure authorized by subdivision 3
Sec. 33. Minnesota Statutes 2008, section 211B.15, subdivision 3, is amended to read:
Subd. 3. Independent expenditures.
A corporation may not make an
expenditure or offer or agree to make an
expenditure to promote or defeat the
candidacy of an individual for nomination, election, or appointment to a political office,
6.24unless the expenditure is an independent expenditure
. For the purpose of this subdivision,
means an expenditure that is not made with the authorization
6.26 or expressed or implied consent of, or in cooperation or concert with, or at the request
6.27 or suggestion of, a candidate or committee established to support or oppose a candidate
6.28has the meaning given in section 10A.01, subdivision 18
6.29EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 34. Minnesota Statutes 2008, section 216B.16, is amended by adding a
subdivision to read:
7.1 Subd. 18. Election or ballot question expenses. The commission may not allow
7.2a public utility to recover from ratepayers expenses resulting from a contribution or
7.3expenditure made for a political purpose, as defined in section 211B.01. This subdivision
7.4does not prohibit a public utility from engaging in political activity or making a
7.5contribution or expenditure otherwise permitted by law.
7.6EFFECTIVE DATE.This section is effective the day following final enactment.
Page 29, after line 6, insert:
"(d) Minnesota Statutes 2008, section 211B.15, subdivision 12, is repealed.
Page 29, line 9, after the period, insert "The repeal of section 211B.15, subdivision
7.1012, is effective the day following final enactment.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly