Bill Text: MN SF2402 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Campaign finance technical changes and provisions modifications
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-04-29 - HF substituted on General Orders HF2531 [SF2402 Detail]
Download: Minnesota-2013-SF2402-Engrossed.html
1.2relating to campaign finance; making various technical changes; authorizing the
1.3board to request reconciliation information; authorizing certain fees; authorizing
1.4the board to establish a system to store electronic records online; modifying
1.5certain definitions and fee amounts; imposing penalties; providing board
1.6procedures; amending complaint threshold; requiring rulemaking;amending
1.7Minnesota Statutes 2012, sections 10A.01, subdivision 5; 10A.02, subdivisions
1.85, 8, 11a, by adding a subdivision; 10A.025, by adding a subdivision; 10A.09,
1.9subdivisions 1, 5, by adding a subdivision; 10A.12, subdivision 5; 10A.255,
1.10subdivision 3; 10A.28, subdivision 4; 13.607, subdivision 5a; 211A.02,
1.11subdivision 2; Minnesota Statutes 2013 Supplement, sections 10A.01, subdivision
1.1210; 10A.02, subdivisions 10, 11; 10A.025, subdivision 4; 10A.20, subdivisions
1.132, 5; repealing Minnesota Statutes 2012, section 10A.09, subdivision 8.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 5, is amended to read:
1.16 Subd. 5. Associated business. "Associated business" means an association,
1.17corporation, partnership, limited liability company, limited liability partnership, or other
1.18organized legal entity from which the individual receives compensation in excess of $50,
1.19except for actual and reasonable expenses, in any month as a director, officer, owner,
1.20member, partner, employer or employee, or whose securities the individual holds worth
1.21more than $2,500or more at fair market value.
1.22 Sec. 2. Minnesota Statutes 2013 Supplement, section 10A.01, subdivision 10, is
1.23amended to read:
1.24 Subd. 10. Candidate. "Candidate" means an individual who seeks nomination or
1.25election as a state constitutional officer, legislator, or judge. An individual is deemed
1.26to seek nomination or election if the individual has taken the action necessary under
1.27the law of this state to qualify for nomination or election, has received contributions or
2.1made expenditures in excess of$100 $750, or has given implicit or explicit consent for
2.2any other person to receive contributions or make expenditures in excess of$100 $750,
2.3for the purpose of bringing about the individual's nomination or election. A candidate
2.4remains a candidate until the candidate's principal campaign committee is dissolved as
2.5provided in section10A.243 .
2.6 Sec. 3. Minnesota Statutes 2012, section 10A.02, subdivision 5, is amended to read:
2.7 Subd. 5. Executive director; staff. The board must appoint an executive director.
2.8The executive director is in the unclassified service. The executive director is not
2.9an ex officio member of the board. The executive director serves as secretary of the
2.10board and must keep a record of all proceedings and actions by the board. The board
2.11may also employ and prescribe the duties of other permanent or temporary employees
2.12in the unclassified service as may be necessary to administer this chapter, subject to
2.13appropriation. The executive director and all other employees serve at the pleasure of the
2.14board. Expenses of the board must be approved by the chair or another member as the
2.15rules of the board may provide and the expenses must then be paid in the same manner
2.16as other state expenses are paid.
2.17 Sec. 4. Minnesota Statutes 2012, section 10A.02, subdivision 8, is amended to read:
2.18 Subd. 8. Duties. (a) The board must report at the close of each fiscal year to the
2.19legislature, the governor, and the public concerning the action it has taken, the names,
2.20salaries, and duties of all individuals in its employ, and the money it has disbursed. The
2.21board must include and identify in its report any other reports it has made during the fiscal
2.22year. It may indicate apparent abuses and offer legislative recommendations.
2.23(b) The board must prescribe forms for statements and reports required to be filed
2.24under this chapter and make the forms available to individuals required to file them.
2.25(c) The board must make available to the individuals required to file the reports and
2.26statements a manual setting forth the recommended uniform methods of bookkeeping
2.27and reporting.
2.28(d) The board must develop a filing, coding, and cross-indexing system consistent
2.29with the purposes of this chapter.
2.30(e) The board must make the reports and statements filed with it available for public
2.31inspection and copying by the end of the second day following the day on which they
2.32were received. An individual may copy a report or statement by hand or by duplicating
2.33machine and the board must provide duplicating services at cost for this purpose.
3.1(f) Notwithstanding section138.163 , the board must preserve reports and statements
3.2for a period of five years from the date of receipt.
3.3(g) The board must compile and maintain a current list and summary of all
3.4statements or parts of statements pertaining to each candidate.
3.5(h) The board may prepare and publish reports it considers appropriate.
3.6(i) The board shall only vote on a matter before the board at a meeting if:
3.7(1) the matter was placed on an agenda distributed to all members of the board at
3.8least seven days before the meeting; and
3.9(2) background or other relevant information to the matter was distributed to all
3.10members of the board by the executive director or other staff at least seven days before the
3.11meeting.
3.12By unanimous consent of all members of the board, the board may vote on a matter
3.13at a meeting that does not satisfy the requirements of this paragraph.
3.14 Sec. 5. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 10, is
3.15amended to read:
3.16 Subd. 10. Audits and investigations. (a) The board may make audits and
3.17investigations, impose statutory civil penalties, and issue orders for compliance with
3.18respect to the requirements of this chapter and provisions under the board's jurisdiction
3.19pursuant to subdivision 11. In all matters relating to its official duties, the board has the
3.20power to issue subpoenas and cause them to be served. If a person does not comply with a
3.21subpoena, the board may apply to the District Court of Ramsey County for issuance of
3.22an order compelling obedience to the subpoena. A person failing to obey the order is
3.23punishable by the court as for contempt.
3.24(b) The board shall issue rules, using the expedited rulemaking process in section
3.2514.389, setting forth procedures to be followed for all audits and investigations conducted
3.26by the board under this chapter and other provisions under the board's jurisdiction
3.27pursuant to subdivision 11. The rules regarding the board's investigative procedure shall
3.28set forth, at a minimum:
3.29(1) the process for the board initiating and overseeing an investigation;
3.30(2) when summary proceedings may be available;
3.31(3) dedication of staff resources in taking witness testimony and conducting
3.32discovery;
3.33(4) parties' rights and opportunities to be heard by the board; and
3.34(5) board hearings and disposition of complaints, audits, and investigations.
4.1 Sec. 6. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 11, is
4.2amended to read:
4.3 Subd. 11. Violations; enforcement. (a) The board may investigate any alleged
4.4violation of this chapter. The board may also investigate an alleged violation of section
4.5211B.04
,
211B.12 , or
211B.15 by or related to a candidate, treasurer, principal campaign
4.6committee, political committee, political fund, or party unit, as those terms are defined in
4.7this chapter.The board must investigate any violation that is alleged in a written complaint
4.8filed with the board and must Upon receipt of a written complaint filed with the board, the
4.9board shall immediately provide a copy of the complaint to the person who is the subject
4.10of the complaint and notify the subject that the subject may submit a written response
4.11within 15 days of receipt of the complaint. The board shall make findings and conclusions
4.12as to whether the complaint alleges a prima facie violation, within 30 days after the filing
4.13of the complaintmake findings and conclusions as to whether a violation has occurred.
4.14If the board finds that the complaint alleges a prima facie violation, the board shall
4.15make findings and conclusions as to whether probable cause exists to believe the alleged
4.16violation has occurred within 45 days of the prima facie determination. Any party filing a
4.17complaint and any party against whom a complaint is filed must be given an opportunity to
4.18be heard by the board prior to the board's determination as to whether probable cause exists
4.19to believe a violation has occurred. Upon a determination by the board that probable cause
4.20exists to believe a violation has occurred, the board must undertake an investigation under
4.21subdivision 10 and must issue an order at the conclusion of the investigation, except that if
4.22the complaint alleges a violation of section10A.25 or
10A.27 , the board must either enter
4.23a conciliation agreement or make public findings and conclusions as to whether a violation
4.24has occurred and must issue an order within 60 days after the filing of the complaint. The
4.25deadline for action on a written complaint may be extended by majority vote of the board.
4.26(b) The board may bring legal actions or negotiate settlements in its own name to
4.27recover money raised from contributions subject to the conditions in this paragraph.
4.28(1) No action may be commenced unless the board has made a formal determination,
4.29after an investigation, that the money was raised for political purposes as defined in
4.30section211B.01, subdivision 6 , and that the money was used for purposes not permitted
4.31under this chapter or under section211B.12 .
4.32(2) Prior to commencing an action, the board must give the association whose money
4.33was misused written notice by certified mail of its intent to take action under this subdivision
4.34and must give the association a reasonable opportunity, for a period of not less than 90
4.35days, to recover the money without board intervention. This period must be extended
4.36for at least an additional 90 days for good cause if the association is actively pursuing
5.1recovery of the money. The board may not commence a legal action under this subdivision
5.2if the association has commenced a legal action for the recovery of the same money.
5.3(3) Any funds recovered under this subdivision must be deposited in a campaign
5.4finance recovery account in the special revenue fund and are appropriated as follows:
5.5(i) an amount equal to the board's actual costs and disbursements in the action,
5.6including court reporter fees for depositions taken in the course of an investigation, is
5.7appropriated to the board for its operations;
5.8(ii) an amount equal to the reasonable value of legal services provided by the Office
5.9of the Attorney General in the recovery matter, calculated on the same basis as is used
5.10for charging legal fees to state agencies, is appropriated to the attorney general for the
5.11attorney general's operations; and
5.12(iii) any remaining balance is appropriated to the board for distribution to the
5.13association to which the money was originally contributed.
5.14(4) Notwithstanding clause (3), item (iii), if the candidate of a principal campaign
5.15committee is the person who used the association's money for illegal purposes, or if the
5.16association or political fund whose money was misused is no longer registered with the
5.17board, any money remaining after the payments specified in clause (3), items (i) and (ii),
5.18must be transferred to the general account of the state elections campaign account.
5.19(5) Any action by the board under this paragraph must be commenced not later than
5.20four years after the improper use of money is shown on a report filed with the board or the
5.21board has actual knowledge of improper use. No action may be commenced under this
5.22paragraph for improper uses disclosed on reports for calendar years prior to 2011.
5.23(6) If the board prevails in an action brought under this subdivision and the court
5.24makes a finding that the misuse of funds was willful, the court may enter judgment in favor
5.25of the board and against the person misusing the funds in the amount of the misused funds.
5.26(c) Within a reasonable time after beginning an investigation of an individual
5.27or association, other than an investigation based on a complaint and conducted under
5.28paragraph (a), the board must notify the individual or association of the fact of the
5.29investigation. The board must not makea finding of whether there is probable cause
5.30to believe a violation has occurred findings and conclusions or issue an order without
5.31notifying the individual or association of the nature of the allegations and affording an
5.32opportunity to appear before the board at a hearing to determine whether probable cause
5.33exists to believe a violation has occurred. In any action on a complaint or investigation,
5.34each person about whom the complaint was filed or the investigation was initiated must be
5.35afforded an opportunity to answerthose the allegations of the complaint or investigation
6.1and to appear before the board issues its final determination in the matter. This right to
6.2appear is in addition to the right to appear at a probable cause hearing.
6.3(d) A hearing or action of the board concerning a complaint or investigationother
6.4than a finding concerning probable cause or is confidential, including any appearance
6.5before the board by a complainant or by a party against whom a complaint is filed. The
6.6board's initial determination as to whether probable cause exists to believe a violation has
6.7occurred, or a conciliation agreementis confidential, and findings, conclusions, and orders
6.8following the completion of an investigation are public data. Until the board makes a
6.9public findingconcerning concluding that probable cause does not exist to believe a
6.10violation has occurred, or issues findings, conclusions, and an order at the conclusion of
6.11an investigation under subdivision 10, or enters a conciliation agreement:
6.12(1) a member, employee, or agent of the board must not disclose to an individual
6.13information obtained by that member, employee, or agent concerning a complaint or
6.14investigation except as required to carry out the investigation or take action in the matter
6.15as authorized by this chapter; and
6.16(2) an individual who discloses information contrary to this subdivision is subject
6.17to a civil penalty imposed by the board of up to $1,000.
6.18(e) A matter that is under the board's jurisdiction pursuant to this section and that
6.19may result in a criminal offense must be finally disposed of by the board before the alleged
6.20violation may be prosecuted by a city or county attorney.
6.21 Sec. 7. Minnesota Statutes 2012, section 10A.02, subdivision 11a, is amended to read:
6.22 Subd. 11a. Data privacy. If, after making a publicfinding concerning probable
6.23cause determination as to whether a complaint alleges a prima facie violation or entering
6.24a conciliation agreement, the board determines that the record of the investigation
6.25contains statements, documents, or other matter that, if disclosed, would unfairly injure
6.26the reputation of an innocent individual, the board may:
6.27(1) retain the statement, document, or other matter as a private record, as defined in
6.28section13.02, subdivision 12 , for a period of one year, after which it must be destroyed; or
6.29(2) return the statement, document, or other matter to the individual who supplied
6.30it to the board.
6.31 Sec. 8. Minnesota Statutes 2012, section 10A.02, is amended by adding a subdivision
6.32to read:
6.33 Subd. 11b. Data privacy related to electronic reporting system. The board may
6.34develop and maintain systems to enable treasurers to enter and store electronic records
7.1online for the purpose of complying with this chapter. Data entered into such systems
7.2by treasurers or their authorized agents is not government data under chapter 13 and
7.3may not be accessed or used by the board for any purpose without the treasurer's written
7.4consent. Data from such systems that has been submitted to the board as a filed report is
7.5government data under chapter 13.
7.6 Sec. 9. Minnesota Statutes 2013 Supplement, section 10A.025, subdivision 4, is
7.7amended to read:
7.8 Subd. 4. Changes and corrections. Material changes in information previously
7.9submitted and corrections to a report or statement must be reported in writing to the board
7.10within ten days following the date of the event prompting the change or the date upon
7.11which the person filing became aware of the inaccuracy. The change or correction must
7.12identify the form and the paragraph containing the information to be changed or corrected.
7.13A person who willfully fails to report a material change or correction is subject to a
7.14civil penalty imposed by the board of up to $3,000. A willful violation of this subdivision
7.15is a gross misdemeanor.
7.16The board must send a written noticeby certified mail to any individual who fails to
7.17file a report required by this subdivision. If the individual fails to file the required report
7.18within ten business days after the notice was sent, the board may impose a late filing fee of
7.19$5 $25 per day up to $100 $1,000 starting on the 11th day after the notice was sent. The
7.20boardmust may send an additional notice by certified mail to an individual who fails to
7.21file a report within14 ten business days after the first notice was sent by the board that.
7.22The certified notice must state that if the individual does not file the requested report
7.23within ten business days after the certified notice was sent, the individual may be subject
7.24to a civil penalty for failure to file a report. An individual who fails to file a report required
7.25by this subdivision withinseven ten business days after the second certified notice was
7.26sent by the board is subject to a civil penalty imposed by the board of up to $1,000.
7.27 Sec. 10. Minnesota Statutes 2012, section 10A.025, is amended by adding a
7.28subdivision to read:
7.29 Subd. 5. Reconciliation information; penalty. An individual or association
7.30required to file a report under this chapter must provide information requested by the
7.31board to reconcile discrepancies between the report and reports filed by other individuals
7.32or associations. The board's request for information must be in writing. If the individual
7.33or association fails to provide the requested information within ten business days after the
7.34request was sent, the board may impose a late filing fee of $25 per day up to $1,000.
8.1The board may send notice by certified mail to an individual or association that has
8.2not timely responded to the board's written request for reconciliation information. The
8.3certified notice must state that if the individual or association does not respond to the
8.4board's request for information within ten business days after the certified notice was
8.5sent, the individual or association may be subject to a civil penalty for failure to provide
8.6information to the board. An individual or association that does not provide the requested
8.7information within ten business days after the certified notice was sent is subject to a civil
8.8penalty imposed by the board of up to $1,000.
8.9A person who willfully fails to cooperate with the board to reconcile a report
8.10discrepancy is subject to a civil penalty imposed by the board of up to $3,000.
8.11 Sec. 11. Minnesota Statutes 2012, section 10A.09, subdivision 1, is amended to read:
8.12 Subdivision 1. Time for filing.Except for a candidate for elective office in the
8.13judicial branch, An individual must file a statement of economic interest with the board:
8.14(1) within 60 days of accepting employment as a public official or a local official in
8.15a metropolitan governmental unit;
8.16(2) within 60 days of assuming office as a district court judge, appeals court judge,
8.17supreme court justice, or county commissioner;
8.18(2) (3) within 14 days after filing an affidavit of candidacy or petition to appear on
8.19the ballot for an elective state constitutional or legislative office or an elective local office
8.20in a metropolitan governmental unit other than county commissioner;
8.21(3) (4) in the case of a public official requiring the advice and consent of the senate,
8.22within 14 days after undertaking the duties of office; or
8.23(4) (5) in the case of members of the Minnesota Racing Commission, the director
8.24of the Minnesota Racing Commission, chief of security, medical officer, inspector of
8.25pari-mutuels, and stewards employed or approved by the commission or persons who
8.26fulfill those duties under contract, within 60 days of accepting or assuming duties.
8.27 Sec. 12. Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
8.28to read:
8.29 Subd. 1a. Exception; retired judges. Notwithstanding subdivision 1, a retired
8.30judge or justice appointed to serve as a judge or justice under section 2.724 is not required
8.31to comply with the provisions of this section.
8.32 Sec. 13. Minnesota Statutes 2012, section 10A.09, subdivision 5, is amended to read:
9.1 Subd. 5. Form. A statement of economic interest required by this section must be
9.2on a form prescribed by the board. The individual filing must provide the following
9.3information:
9.4(1) name, address, occupation, and principal place of business;
9.5(2) the name of each associated business and the nature of that association;
9.6(3) a listing of all real property within the state, excluding homestead property, in
9.7which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as
9.8buyer or seller, or an option to buy, whether direct or indirect, if the interest is valued in
9.9excess of $2,500; or (ii) an option to buy, if the property has a fair market value of more
9.10than $50,000or more;
9.11(4) a listing of all real property within the state in which a partnership of which the
9.12individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed
9.13as buyer or seller, or an option to buy, whether direct or indirect, if the individual's share
9.14of the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the
9.15property has a fair market value of more than $50,000or more. A listing under clause
9.16(3) or (4) must indicate the street address and the municipality or the section, township,
9.17range and approximate acreage, whichever applies, and the county in which the property
9.18is located; and
9.19(5) a listing of any investments, ownership, or interests in property connected with
9.20pari-mutuel horse racing in the United States and Canada, including a racehorse, in which
9.21the individual directly or indirectly holds a partial or full interest or an immediate family
9.22member holds a partial or full interest.
9.23 Sec. 14. Minnesota Statutes 2012, section 10A.12, subdivision 5, is amended to read:
9.24 Subd. 5. Dues or membership fees. An association may, if not prohibited by other
9.25law, deposit in its political fund money derived from dues or membership fees. Under
9.26section10A.20 , the treasurer of the fund must disclose the name of any member whose
9.27dues, membership fees, and contributions deposited in the political fund together exceed
9.28$100 $200 in a year.
9.29 Sec. 15. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 2, is
9.30amended to read:
9.31 Subd. 2. Time for filing. (a) The reports must be filed with the board on or before
9.32January 31 of each year and additional reports must be filed as required and in accordance
9.33with paragraphs (b) to(d) (f).
10.1(b) In each year in which the name of a candidate for legislative or district court
10.2judicial office is on the ballot, the report of the principal campaign committee must be
10.3filed 15 days before a primary election and ten days before a general election, seven
10.4days before a special primary election and seven days before a special general election,
10.5and ten days after a special election cycle.
10.6(c) In each general election year, a political committee, a political fund, a state
10.7party committee, and a party unit established by all or a part of the party organization
10.8within a house of the legislature, and the principal campaign committee of a candidate for
10.9constitutional or appellate court judicial office must file reports on the following schedule:
10.10(1) a first-quarter report covering the calendar year through March 31, which is
10.11due April 14;
10.12(2)in a year in which a primary election is held in August, a report covering the
10.13calendar year through May 31, which is due June 14;
10.14(3) in a year in which a primary election is held before August, a pre-general-election
10.15report covering the calendar year through July 15, which is due July 29;
10.16(4) (3) a pre-primary-election report due 15 days before a primary election;
10.17(5) (4) a pre-general-election report due 42 days before the general election; and
10.18(6) (5) a pre-general-election report due ten days before a general election; and.
10.19(7) for a special election, a constitutional office candidate whose name is on the
10.20ballot must file reports seven days before a special primary and a special election, and ten
10.21days after a special election cycle.
10.22(d) In each general election year, a party unit not included in paragraph (c) must file
10.23reports 15 days before a primary election and ten days before a general election.
10.24(e) In each year in which a constitutional office or appellate court judicial seat is
10.25on the ballot, the principal campaign committee of a candidate for that office or seat
10.26must file reports on the following schedule:
10.27(1) a first-quarter report covering the calendar year through March 31, which is
10.28due April 14;
10.29(2) a report covering the calendar year through May 31, which is due June 14;
10.30(3) a pre-primary-election report due 15 days before a primary election;
10.31(4) a pre-general-election report due 42 days before the general election;
10.32(5) a pre-general-election report due ten days before a general election; and
10.33(6) for a special election, a constitutional office candidate whose name is on the
10.34ballot must file reports seven days before a special primary election, seven days before a
10.35special general election, and ten days after a special election cycle.
10.36(e) (f) Notwithstanding paragraphs (a) to (d), (e):
11.1(1) the principal campaign committee of a candidate who did not file for office is not
11.2required to file the report due 15 days before the primary election or the report due seven
11.3days before a special primary election; and
11.4(2) the principal campaign committee of a candidate whose name will not be on the
11.5general election ballot is not required to file the report due 42 days before the general
11.6election, the report due ten days before a general election, or the report due seven days
11.7before a special general election.
11.8 Sec. 16. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 5, is
11.9amended to read:
11.10 Subd. 5. Pre-election reports. (a) Any loan, contribution, or contributions:
11.11 (1) to a political committee or political fund from any one source totaling more
11.12than $1,000;
11.13 (2) to the principal campaign committee of a candidate for an appellate court judicial
11.14office totaling more than $2,000;
11.15 (3) to the principal campaign committee of a candidate for district court judge
11.16totaling more than $400; or
11.17 (4) to the principal campaign committee of a candidate for constitutional office or
11.18for the legislature totaling more than 50 percent of the electioncycle segment contribution
11.19limit for the office,
11.20received between the last day covered in the last report before an election and the election
11.21must be reported to the board in the manner provided in paragraph (b).
11.22(b) A loan, contribution, or contributions required to be reported to the board under
11.23paragraph (a) must be reported to the board either:
11.24 (1) in person by the end of the next business day after its receipt; or
11.25 (2) by electronic means sent within 24 hours after its receipt.
11.26 (c) These loans and contributions must also be reported in the next required report.
11.27 (d) This notice requirement does not apply in a primary election to a candidate who
11.28is unopposed in the primary, in a primary election to a ballot question political committee
11.29or fund, or in a general election to a candidate whose name is not on the general election
11.30ballot. The board must post the report on its Web site by the end of the next business day
11.31after it is received.
11.32 (e) This subdivision does not apply to a ballot question or independent expenditure
11.33political committee or fund that has not met the registration threshold of section10A.14 ,
11.34subdivision 1a. However, if a contribution that would be subject to this section triggers the
12.1registration requirement in section10A.14, subdivision 1a , then both registration under
12.2that section and reporting under this section are required.
12.3 Sec. 17. Minnesota Statutes 2012, section 10A.255, subdivision 3, is amended to read:
12.4 Subd. 3. Publication of expenditure limit. By April 15 of each election year
12.5the board must publishin the State Register on its Web site the expenditure limit for
12.6each office for that calendar year under section10A.25 as adjusted by this section. The
12.7revisor of statutes must code the adjusted amounts in the next edition of Minnesota
12.8Statutes, section10A.25, subdivision 2 .
12.9 Sec. 18. Minnesota Statutes 2012, section 10A.28, subdivision 4, is amended to read:
12.10 Subd. 4. Civil action. If the board is unable after a reasonable time to correct by
12.11informal methods a matterthat constitutes probable cause where there is reason to believe
12.12that excess expenditures have been made or excess contributions accepted contrary to
12.13subdivision 1 or 2, the board must make a public findingof probable cause in the matter.
12.14After making a public finding, the board must bring an action, or transmit the finding to a
12.15county attorney who must bring an action, in the District Court of Ramsey County or, in the
12.16case of a legislative candidate, the district court of a county within the legislative district,
12.17to collect a civil penalty as imposed by the board under subdivision 1 or 2. All money
12.18recovered under this section must be deposited in the general fund of the state treasury.
12.19 Sec. 19. Minnesota Statutes 2012, section 13.607, subdivision 5a, is amended to read:
12.20 Subd. 5a. Campaign reports and data. Certain reports filed with the Campaign
12.21Finance and Public Disclosure Board are classified under section10A.20 . Certain data
12.22stored by the Campaign Finance and Public Disclosure Board is not government data
12.23under section 10A.02, subdivision 11b.
12.24 Sec. 20. Minnesota Statutes 2012, section 211A.02, subdivision 2, is amended to read:
12.25 Subd. 2. Information required. The report to be filed by a candidate or committee
12.26must include:
12.27 (1) the name of the candidate or ballot question;
12.28 (2) the printed name, address, telephone number, signature, and e-mail address, if
12.29available, of the person responsible for filing the report;
12.30 (3) the total cash on hand designated to be used for political purposes;
12.31(4) the total amount ofreceipts contributions and expenditures disbursements for the
12.32period from the last previous report to five days before the current report is due;
13.1 (5) the amount, date, and purpose for eachexpenditure disbursement; and
13.2 (6) the name, address, and employer, or occupation if self-employed, of any
13.3individual or committee that during the year has made one or more contributions that in
13.4the aggregate exceed $100, and the amount and date of each contribution. The filing
13.5officer must restrict public access to the address of any individual who has made a
13.6contribution that exceeds $100 and who has filed with the filing officer a written statement
13.7signed by the individual that withholding the individual's address from the financial report
13.8is required for the safety of the individual or the individual's family.
13.9 Sec. 21. RULEMAKING.
13.10The Campaign Finance and Public Disclosure Board shall adopt rules authorized by
13.11section 5 by December 30, 2014.
13.12 Sec. 22. REPEALER.
13.13Minnesota Statutes 2012, section 10A.09, subdivision 8, is repealed.
13.14 Sec. 23. EFFECTIVE DATE.
13.15Sections 1 to 22 are effective the day following final enactment.
1.3board to request reconciliation information; authorizing certain fees; authorizing
1.4the board to establish a system to store electronic records online; modifying
1.5certain definitions and fee amounts; imposing penalties; providing board
1.6procedures; amending complaint threshold; requiring rulemaking;amending
1.7Minnesota Statutes 2012, sections 10A.01, subdivision 5; 10A.02, subdivisions
1.85, 8, 11a, by adding a subdivision; 10A.025, by adding a subdivision; 10A.09,
1.9subdivisions 1, 5, by adding a subdivision; 10A.12, subdivision 5; 10A.255,
1.10subdivision 3; 10A.28, subdivision 4; 13.607, subdivision 5a; 211A.02,
1.11subdivision 2; Minnesota Statutes 2013 Supplement, sections 10A.01, subdivision
1.1210; 10A.02, subdivisions 10, 11; 10A.025, subdivision 4; 10A.20, subdivisions
1.132, 5; repealing Minnesota Statutes 2012, section 10A.09, subdivision 8.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 5, is amended to read:
1.16 Subd. 5. Associated business. "Associated business" means an association,
1.17corporation, partnership, limited liability company, limited liability partnership, or other
1.18organized legal entity from which the individual receives compensation in excess of $50,
1.19except for actual and reasonable expenses, in any month as a director, officer, owner,
1.20member, partner, employer or employee, or whose securities the individual holds worth
1.21more than $2,500
1.22 Sec. 2. Minnesota Statutes 2013 Supplement, section 10A.01, subdivision 10, is
1.23amended to read:
1.24 Subd. 10. Candidate. "Candidate" means an individual who seeks nomination or
1.25election as a state constitutional officer, legislator, or judge. An individual is deemed
1.26to seek nomination or election if the individual has taken the action necessary under
1.27the law of this state to qualify for nomination or election, has received contributions or
2.1made expenditures in excess of
2.2any other person to receive contributions or make expenditures in excess of
2.3for the purpose of bringing about the individual's nomination or election. A candidate
2.4remains a candidate until the candidate's principal campaign committee is dissolved as
2.5provided in section
2.6 Sec. 3. Minnesota Statutes 2012, section 10A.02, subdivision 5, is amended to read:
2.7 Subd. 5. Executive director; staff. The board must appoint an executive director.
2.8The executive director is in the unclassified service. The executive director is not
2.9an ex officio member of the board. The executive director serves as secretary of the
2.10board and must keep a record of all proceedings and actions by the board. The board
2.11may also employ and prescribe the duties of other permanent or temporary employees
2.12in the unclassified service as may be necessary to administer this chapter, subject to
2.13appropriation. The executive director and all other employees serve at the pleasure of the
2.14board. Expenses of the board must be approved by the chair or another member as the
2.15rules of the board may provide and the expenses must then be paid in the same manner
2.16as other state expenses are paid.
2.17 Sec. 4. Minnesota Statutes 2012, section 10A.02, subdivision 8, is amended to read:
2.18 Subd. 8. Duties. (a) The board must report at the close of each fiscal year to the
2.19legislature, the governor, and the public concerning the action it has taken, the names,
2.20salaries, and duties of all individuals in its employ, and the money it has disbursed. The
2.21board must include and identify in its report any other reports it has made during the fiscal
2.22year. It may indicate apparent abuses and offer legislative recommendations.
2.23(b) The board must prescribe forms for statements and reports required to be filed
2.24under this chapter and make the forms available to individuals required to file them.
2.25(c) The board must make available to the individuals required to file the reports and
2.26statements a manual setting forth the recommended uniform methods of bookkeeping
2.27and reporting.
2.28(d) The board must develop a filing, coding, and cross-indexing system consistent
2.29with the purposes of this chapter.
2.30(e) The board must make the reports and statements filed with it available for public
2.31inspection and copying by the end of the second day following the day on which they
2.32were received. An individual may copy a report or statement by hand or by duplicating
2.33machine and the board must provide duplicating services at cost for this purpose.
3.1(f) Notwithstanding section
3.2for a period of five years from the date of receipt.
3.3(g) The board must compile and maintain a current list and summary of all
3.4statements or parts of statements pertaining to each candidate.
3.5(h) The board may prepare and publish reports it considers appropriate.
3.6(i) The board shall only vote on a matter before the board at a meeting if:
3.7(1) the matter was placed on an agenda distributed to all members of the board at
3.8least seven days before the meeting; and
3.9(2) background or other relevant information to the matter was distributed to all
3.10members of the board by the executive director or other staff at least seven days before the
3.11meeting.
3.12By unanimous consent of all members of the board, the board may vote on a matter
3.13at a meeting that does not satisfy the requirements of this paragraph.
3.14 Sec. 5. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 10, is
3.15amended to read:
3.16 Subd. 10. Audits and investigations. (a) The board may make audits and
3.17investigations, impose statutory civil penalties, and issue orders for compliance with
3.18respect to the requirements of this chapter and provisions under the board's jurisdiction
3.19pursuant to subdivision 11. In all matters relating to its official duties, the board has the
3.20power to issue subpoenas and cause them to be served. If a person does not comply with a
3.21subpoena, the board may apply to the District Court of Ramsey County for issuance of
3.22an order compelling obedience to the subpoena. A person failing to obey the order is
3.23punishable by the court as for contempt.
3.24(b) The board shall issue rules, using the expedited rulemaking process in section
3.2514.389, setting forth procedures to be followed for all audits and investigations conducted
3.26by the board under this chapter and other provisions under the board's jurisdiction
3.27pursuant to subdivision 11. The rules regarding the board's investigative procedure shall
3.28set forth, at a minimum:
3.29(1) the process for the board initiating and overseeing an investigation;
3.30(2) when summary proceedings may be available;
3.31(3) dedication of staff resources in taking witness testimony and conducting
3.32discovery;
3.33(4) parties' rights and opportunities to be heard by the board; and
3.34(5) board hearings and disposition of complaints, audits, and investigations.
4.1 Sec. 6. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 11, is
4.2amended to read:
4.3 Subd. 11. Violations; enforcement. (a) The board may investigate any alleged
4.4violation of this chapter. The board may also investigate an alleged violation of section
4.6committee, political committee, political fund, or party unit, as those terms are defined in
4.7this chapter.
4.8
4.9board shall immediately provide a copy of the complaint to the person who is the subject
4.10of the complaint and notify the subject that the subject may submit a written response
4.11within 15 days of receipt of the complaint. The board shall make findings and conclusions
4.12as to whether the complaint alleges a prima facie violation, within 30 days after the filing
4.13of the complaint
4.14If the board finds that the complaint alleges a prima facie violation, the board shall
4.15make findings and conclusions as to whether probable cause exists to believe the alleged
4.16violation has occurred within 45 days of the prima facie determination. Any party filing a
4.17complaint and any party against whom a complaint is filed must be given an opportunity to
4.18be heard by the board prior to the board's determination as to whether probable cause exists
4.19to believe a violation has occurred. Upon a determination by the board that probable cause
4.20exists to believe a violation has occurred, the board must undertake an investigation under
4.21subdivision 10 and must issue an order at the conclusion of the investigation, except that if
4.22the complaint alleges a violation of section
4.23a conciliation agreement or make public findings and conclusions as to whether a violation
4.24has occurred and must issue an order within 60 days after the filing of the complaint. The
4.25deadline for action on a written complaint may be extended by majority vote of the board.
4.26(b) The board may bring legal actions or negotiate settlements in its own name to
4.27recover money raised from contributions subject to the conditions in this paragraph.
4.28(1) No action may be commenced unless the board has made a formal determination,
4.29after an investigation, that the money was raised for political purposes as defined in
4.30section
4.31under this chapter or under section
4.32(2) Prior to commencing an action, the board must give the association whose money
4.33was misused written notice by certified mail of its intent to take action under this subdivision
4.34and must give the association a reasonable opportunity, for a period of not less than 90
4.35days, to recover the money without board intervention. This period must be extended
4.36for at least an additional 90 days for good cause if the association is actively pursuing
5.1recovery of the money. The board may not commence a legal action under this subdivision
5.2if the association has commenced a legal action for the recovery of the same money.
5.3(3) Any funds recovered under this subdivision must be deposited in a campaign
5.4finance recovery account in the special revenue fund and are appropriated as follows:
5.5(i) an amount equal to the board's actual costs and disbursements in the action,
5.6including court reporter fees for depositions taken in the course of an investigation, is
5.7appropriated to the board for its operations;
5.8(ii) an amount equal to the reasonable value of legal services provided by the Office
5.9of the Attorney General in the recovery matter, calculated on the same basis as is used
5.10for charging legal fees to state agencies, is appropriated to the attorney general for the
5.11attorney general's operations; and
5.12(iii) any remaining balance is appropriated to the board for distribution to the
5.13association to which the money was originally contributed.
5.14(4) Notwithstanding clause (3), item (iii), if the candidate of a principal campaign
5.15committee is the person who used the association's money for illegal purposes, or if the
5.16association or political fund whose money was misused is no longer registered with the
5.17board, any money remaining after the payments specified in clause (3), items (i) and (ii),
5.18must be transferred to the general account of the state elections campaign account.
5.19(5) Any action by the board under this paragraph must be commenced not later than
5.20four years after the improper use of money is shown on a report filed with the board or the
5.21board has actual knowledge of improper use. No action may be commenced under this
5.22paragraph for improper uses disclosed on reports for calendar years prior to 2011.
5.23(6) If the board prevails in an action brought under this subdivision and the court
5.24makes a finding that the misuse of funds was willful, the court may enter judgment in favor
5.25of the board and against the person misusing the funds in the amount of the misused funds.
5.26(c) Within a reasonable time after beginning an investigation of an individual
5.27or association, other than an investigation based on a complaint and conducted under
5.28paragraph (a), the board must notify the individual or association of the fact of the
5.29investigation. The board must not make
5.30
5.31notifying the individual or association of the nature of the allegations and affording an
5.32opportunity to appear before the board at a hearing to determine whether probable cause
5.33exists to believe a violation has occurred. In any action on a complaint or investigation,
5.34each person about whom the complaint was filed or the investigation was initiated must be
5.35afforded an opportunity to answer
6.1and to appear before the board issues its final determination in the matter. This right to
6.2appear is in addition to the right to appear at a probable cause hearing.
6.3(d) A hearing or action of the board concerning a complaint or investigation
6.4
6.5before the board by a complainant or by a party against whom a complaint is filed. The
6.6board's initial determination as to whether probable cause exists to believe a violation has
6.7occurred, or a conciliation agreement
6.8following the completion of an investigation are public data. Until the board makes a
6.9public finding
6.10violation has occurred, or issues findings, conclusions, and an order at the conclusion of
6.11an investigation under subdivision 10, or enters a conciliation agreement:
6.12(1) a member, employee, or agent of the board must not disclose to an individual
6.13information obtained by that member, employee, or agent concerning a complaint or
6.14investigation except as required to carry out the investigation or take action in the matter
6.15as authorized by this chapter; and
6.16(2) an individual who discloses information contrary to this subdivision is subject
6.17to a civil penalty imposed by the board of up to $1,000.
6.18(e) A matter that is under the board's jurisdiction pursuant to this section and that
6.19may result in a criminal offense must be finally disposed of by the board before the alleged
6.20violation may be prosecuted by a city or county attorney.
6.21 Sec. 7. Minnesota Statutes 2012, section 10A.02, subdivision 11a, is amended to read:
6.22 Subd. 11a. Data privacy. If, after making a public
6.23
6.24a conciliation agreement, the board determines that the record of the investigation
6.25contains statements, documents, or other matter that, if disclosed, would unfairly injure
6.26the reputation of an innocent individual, the board may:
6.27(1) retain the statement, document, or other matter as a private record, as defined in
6.28section
6.29(2) return the statement, document, or other matter to the individual who supplied
6.30it to the board.
6.31 Sec. 8. Minnesota Statutes 2012, section 10A.02, is amended by adding a subdivision
6.32to read:
6.33 Subd. 11b. Data privacy related to electronic reporting system. The board may
6.34develop and maintain systems to enable treasurers to enter and store electronic records
7.1online for the purpose of complying with this chapter. Data entered into such systems
7.2by treasurers or their authorized agents is not government data under chapter 13 and
7.3may not be accessed or used by the board for any purpose without the treasurer's written
7.4consent. Data from such systems that has been submitted to the board as a filed report is
7.5government data under chapter 13.
7.6 Sec. 9. Minnesota Statutes 2013 Supplement, section 10A.025, subdivision 4, is
7.7amended to read:
7.8 Subd. 4. Changes and corrections. Material changes in information previously
7.9submitted and corrections to a report or statement must be reported in writing to the board
7.10within ten days following the date of the event prompting the change or the date upon
7.11which the person filing became aware of the inaccuracy. The change or correction must
7.12identify the form and the paragraph containing the information to be changed or corrected.
7.13A person who willfully fails to report a material change or correction is subject to a
7.14civil penalty imposed by the board of up to $3,000. A willful violation of this subdivision
7.15is a gross misdemeanor.
7.16The board must send a written notice
7.17file a report required by this subdivision. If the individual fails to file the required report
7.18within ten business days after the notice was sent, the board may impose a late filing fee of
7.19
7.20board
7.21file a report within
7.22The certified notice must state that if the individual does not file the requested report
7.23within ten business days after the certified notice was sent, the individual may be subject
7.24to a civil penalty for failure to file a report. An individual who fails to file a report required
7.25by this subdivision within
7.26sent by the board is subject to a civil penalty imposed by the board of up to $1,000.
7.27 Sec. 10. Minnesota Statutes 2012, section 10A.025, is amended by adding a
7.28subdivision to read:
7.29 Subd. 5. Reconciliation information; penalty. An individual or association
7.30required to file a report under this chapter must provide information requested by the
7.31board to reconcile discrepancies between the report and reports filed by other individuals
7.32or associations. The board's request for information must be in writing. If the individual
7.33or association fails to provide the requested information within ten business days after the
7.34request was sent, the board may impose a late filing fee of $25 per day up to $1,000.
8.1The board may send notice by certified mail to an individual or association that has
8.2not timely responded to the board's written request for reconciliation information. The
8.3certified notice must state that if the individual or association does not respond to the
8.4board's request for information within ten business days after the certified notice was
8.5sent, the individual or association may be subject to a civil penalty for failure to provide
8.6information to the board. An individual or association that does not provide the requested
8.7information within ten business days after the certified notice was sent is subject to a civil
8.8penalty imposed by the board of up to $1,000.
8.9A person who willfully fails to cooperate with the board to reconcile a report
8.10discrepancy is subject to a civil penalty imposed by the board of up to $3,000.
8.11 Sec. 11. Minnesota Statutes 2012, section 10A.09, subdivision 1, is amended to read:
8.12 Subdivision 1. Time for filing.
8.13
8.14(1) within 60 days of accepting employment as a public official or a local official in
8.15a metropolitan governmental unit;
8.16(2) within 60 days of assuming office as a district court judge, appeals court judge,
8.17supreme court justice, or county commissioner;
8.18
8.19the ballot for an elective state constitutional or legislative office or an elective local office
8.20in a metropolitan governmental unit other than county commissioner;
8.21
8.22within 14 days after undertaking the duties of office; or
8.23
8.24of the Minnesota Racing Commission, chief of security, medical officer, inspector of
8.25pari-mutuels, and stewards employed or approved by the commission or persons who
8.26fulfill those duties under contract, within 60 days of accepting or assuming duties.
8.27 Sec. 12. Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
8.28to read:
8.29 Subd. 1a. Exception; retired judges. Notwithstanding subdivision 1, a retired
8.30judge or justice appointed to serve as a judge or justice under section 2.724 is not required
8.31to comply with the provisions of this section.
8.32 Sec. 13. Minnesota Statutes 2012, section 10A.09, subdivision 5, is amended to read:
9.1 Subd. 5. Form. A statement of economic interest required by this section must be
9.2on a form prescribed by the board. The individual filing must provide the following
9.3information:
9.4(1) name, address, occupation, and principal place of business;
9.5(2) the name of each associated business and the nature of that association;
9.6(3) a listing of all real property within the state, excluding homestead property, in
9.7which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as
9.8buyer or seller, or an option to buy, whether direct or indirect, if the interest is valued in
9.9excess of $2,500; or (ii) an option to buy, if the property has a fair market value of more
9.10than $50,000
9.11(4) a listing of all real property within the state in which a partnership of which the
9.12individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed
9.13as buyer or seller, or an option to buy, whether direct or indirect, if the individual's share
9.14of the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the
9.15property has a fair market value of more than $50,000
9.16(3) or (4) must indicate the street address and the municipality or the section, township,
9.17range and approximate acreage, whichever applies, and the county in which the property
9.18is located; and
9.19(5) a listing of any investments, ownership, or interests in property connected with
9.20pari-mutuel horse racing in the United States and Canada, including a racehorse, in which
9.21the individual directly or indirectly holds a partial or full interest or an immediate family
9.22member holds a partial or full interest.
9.23 Sec. 14. Minnesota Statutes 2012, section 10A.12, subdivision 5, is amended to read:
9.24 Subd. 5. Dues or membership fees. An association may, if not prohibited by other
9.25law, deposit in its political fund money derived from dues or membership fees. Under
9.26section
9.27dues, membership fees, and contributions deposited in the political fund together exceed
9.28
9.29 Sec. 15. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 2, is
9.30amended to read:
9.31 Subd. 2. Time for filing. (a) The reports must be filed with the board on or before
9.32January 31 of each year and additional reports must be filed as required and in accordance
9.33with paragraphs (b) to
10.1(b) In each year in which the name of a candidate for legislative or district court
10.2judicial office is on the ballot, the report of the principal campaign committee must be
10.3filed 15 days before a primary election and ten days before a general election, seven
10.4days before a special primary election and seven days before a special general election,
10.5and ten days after a special election cycle.
10.6(c) In each general election year, a political committee, a political fund, a state
10.7party committee, and a party unit established by all or a part of the party organization
10.8within a house of the legislature
10.9
10.10(1) a first-quarter report covering the calendar year through March 31, which is
10.11due April 14;
10.12(2)
10.13calendar year through May 31, which is due June 14;
10.14
10.15
10.16
10.17
10.18
10.19
10.20
10.21
10.22(d) In each general election year, a party unit not included in paragraph (c) must file
10.23reports 15 days before a primary election and ten days before a general election.
10.24(e) In each year in which a constitutional office or appellate court judicial seat is
10.25on the ballot, the principal campaign committee of a candidate for that office or seat
10.26must file reports on the following schedule:
10.27(1) a first-quarter report covering the calendar year through March 31, which is
10.28due April 14;
10.29(2) a report covering the calendar year through May 31, which is due June 14;
10.30(3) a pre-primary-election report due 15 days before a primary election;
10.31(4) a pre-general-election report due 42 days before the general election;
10.32(5) a pre-general-election report due ten days before a general election; and
10.33(6) for a special election, a constitutional office candidate whose name is on the
10.34ballot must file reports seven days before a special primary election, seven days before a
10.35special general election, and ten days after a special election cycle.
10.36
11.1(1) the principal campaign committee of a candidate who did not file for office is not
11.2required to file the report due 15 days before the primary election or the report due seven
11.3days before a special primary election; and
11.4(2) the principal campaign committee of a candidate whose name will not be on the
11.5general election ballot is not required to file the report due 42 days before the general
11.6election, the report due ten days before a general election, or the report due seven days
11.7before a special general election.
11.8 Sec. 16. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 5, is
11.9amended to read:
11.10 Subd. 5. Pre-election reports. (a) Any loan, contribution, or contributions:
11.11 (1) to a political committee or political fund from any one source totaling more
11.12than $1,000;
11.13 (2) to the principal campaign committee of a candidate for an appellate court judicial
11.14office totaling more than $2,000;
11.15 (3) to the principal campaign committee of a candidate for district court judge
11.16totaling more than $400; or
11.17 (4) to the principal campaign committee of a candidate for constitutional office or
11.18for the legislature totaling more than 50 percent of the election
11.19limit for the office,
11.20received between the last day covered in the last report before an election and the election
11.21must be reported to the board in the manner provided in paragraph (b).
11.22(b) A loan, contribution, or contributions required to be reported to the board under
11.23paragraph (a) must be reported to the board either:
11.24 (1) in person by the end of the next business day after its receipt; or
11.25 (2) by electronic means sent within 24 hours after its receipt.
11.26 (c) These loans and contributions must also be reported in the next required report.
11.27 (d) This notice requirement does not apply in a primary election to a candidate who
11.28is unopposed in the primary, in a primary election to a ballot question political committee
11.29or fund, or in a general election to a candidate whose name is not on the general election
11.30ballot. The board must post the report on its Web site by the end of the next business day
11.31after it is received.
11.32 (e) This subdivision does not apply to a ballot question or independent expenditure
11.33political committee or fund that has not met the registration threshold of section
11.34subdivision 1a. However, if a contribution that would be subject to this section triggers the
12.1registration requirement in section
12.2that section and reporting under this section are required.
12.3 Sec. 17. Minnesota Statutes 2012, section 10A.255, subdivision 3, is amended to read:
12.4 Subd. 3. Publication of expenditure limit. By April 15 of each election year
12.5the board must publish
12.6each office for that calendar year under section
12.7revisor of statutes must code the adjusted amounts in the next edition of Minnesota
12.8Statutes, section
12.9 Sec. 18. Minnesota Statutes 2012, section 10A.28, subdivision 4, is amended to read:
12.10 Subd. 4. Civil action. If the board is unable after a reasonable time to correct by
12.11informal methods a matter
12.12that excess expenditures have been made or excess contributions accepted contrary to
12.13subdivision 1 or 2, the board must make a public finding
12.14
12.15
12.16
12.17
12.18
12.19 Sec. 19. Minnesota Statutes 2012, section 13.607, subdivision 5a, is amended to read:
12.20 Subd. 5a. Campaign reports and data. Certain reports filed with the Campaign
12.21Finance and Public Disclosure Board are classified under section
12.22stored by the Campaign Finance and Public Disclosure Board is not government data
12.23under section 10A.02, subdivision 11b.
12.24 Sec. 20. Minnesota Statutes 2012, section 211A.02, subdivision 2, is amended to read:
12.25 Subd. 2. Information required. The report to be filed by a candidate or committee
12.26must include:
12.27 (1) the name of the candidate or ballot question;
12.28 (2) the printed name, address, telephone number, signature, and e-mail address, if
12.29available, of the person responsible for filing the report;
12.30 (3) the total cash on hand designated to be used for political purposes;
12.31(4) the total amount of
12.32period from the last previous report to five days before the current report is due;
13.1 (5) the amount, date, and purpose for each
13.2 (6) the name, address, and employer, or occupation if self-employed, of any
13.3individual or committee that during the year has made one or more contributions that in
13.4the aggregate exceed $100, and the amount and date of each contribution. The filing
13.5officer must restrict public access to the address of any individual who has made a
13.6contribution that exceeds $100 and who has filed with the filing officer a written statement
13.7signed by the individual that withholding the individual's address from the financial report
13.8is required for the safety of the individual or the individual's family.
13.9 Sec. 21. RULEMAKING.
13.10The Campaign Finance and Public Disclosure Board shall adopt rules authorized by
13.11section 5 by December 30, 2014.
13.12 Sec. 22. REPEALER.
13.13Minnesota Statutes 2012, section 10A.09, subdivision 8, is repealed.
13.14 Sec. 23. EFFECTIVE DATE.
13.15Sections 1 to 22 are effective the day following final enactment.
