Bill Text: MN HF2531 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Campaign finance board duties modified, rulemaking required, online electronic records systems authorized, board authorized to request reconciliation information, penalties authorized, definitions and fee amounts modified, reporting and filing requirements modified, various technical and clarifying changes made, data classifications provided, and statements of economic interest modified.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-05-21 - Secretary of State Chapter 309 [HF2531 Detail]
Download: Minnesota-2013-HF2531-Engrossed.html
1.2relating to campaign finance; modifying duties of board; requiring rulemaking;
1.3authorizing online electronic records systems; authorizing the board to request
1.4reconciliation information; authorizing penalties; modifying certain definitions
1.5and fee amounts; modifying certain reporting and filing requirements; making
1.6various technical and clarifying changes; providing data classifications; modifying
1.7statements of economic interest;amending Minnesota Statutes 2012, sections
1.810A.01, subdivision 5, by adding a subdivision; 10A.02, subdivisions 5, 8, 11a,
1.9by adding a subdivision; 10A.025, by adding a subdivision; 10A.09, subdivisions
1.101, 5, by adding subdivisions; 10A.12, subdivision 5; 10A.255, subdivision
1.113; 10A.28, subdivision 4; 13.607, subdivisions 5, 5a; 211A.02, subdivision 2;
1.12Minnesota Statutes 2013 Supplement, sections 10A.01, subdivision 10; 10A.02,
1.13subdivisions 10, 11, 15; 10A.025, subdivision 4; 10A.20, subdivisions 2, 5;
1.14repealing Minnesota Statutes 2012, section 10A.09, subdivision 8.
1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.16 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 5, is amended to read:
1.17 Subd. 5. Associated business. "Associated business" means an association,
1.18corporation, partnership, limited liability company, limited liability partnership, or other
1.19organized legal entity from which the individual receives compensation in excess of $50,
1.20except for actual and reasonable expenses, in any month as a director, officer, owner,
1.21member, partner, employer or employee, or whose securities the individual holds worth
1.22more than $2,500or more at fair market value.
1.23 Sec. 2. Minnesota Statutes 2013 Supplement, section 10A.01, subdivision 10, is
1.24amended to read:
1.25 Subd. 10. Candidate. "Candidate" means an individual who seeks nomination or
1.26election as a state constitutional officer, legislator, or judge. An individual is deemed
1.27to seek nomination or election if the individual has taken the action necessary under
2.1the law of this state to qualify for nomination or election, has received contributions or
2.2made expenditures in excess of$100 $750, or has given implicit or explicit consent for
2.3any other person to receive contributions or make expenditures in excess of$100 $750,
2.4for the purpose of bringing about the individual's nomination or election. A candidate
2.5remains a candidate until the candidate's principal campaign committee is dissolved as
2.6provided in section10A.243 .
2.7 Sec. 3. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
2.8to read:
2.9 Subd. 32a. Prima facie determination. A prima facie determination is a
2.10determination that a complaint filed under section 10A.02, subdivision 11, is sufficient
2.11to allege a violation of this chapter or of those sections of chapter 211B listed in section
2.1210A.02, subdivision 11.
2.13 Sec. 4. Minnesota Statutes 2012, section 10A.02, subdivision 5, is amended to read:
2.14 Subd. 5. Executive director; staff. The board must appoint an executive director.
2.15The executive director is in the unclassified service. The executive director is not
2.16an ex officio member of the board. The executive director serves as secretary of the
2.17board and must keep a record of all proceedings and actions by the board. The board
2.18may also employ and prescribe the duties of other permanent or temporary employees
2.19in the unclassified service as may be necessary to administer this chapter, subject to
2.20appropriation. The executive director and all other employees serve at the pleasure of the
2.21board. Expenses of the board must be approved by the chair or another member as the
2.22rules of the board may provide and the expenses must then be paid in the same manner
2.23as other state expenses are paid.
2.24 Sec. 5. Minnesota Statutes 2012, section 10A.02, subdivision 8, is amended to read:
2.25 Subd. 8. Duties. (a) The board must report at the close of each fiscal year to the
2.26legislature, the governor, and the public concerning the action it has taken, the names,
2.27salaries, and duties of all individuals in its employ, and the money it has disbursed. The
2.28board must include and identify in its report any other reports it has made during the fiscal
2.29year. It may indicate apparent abuses and offer legislative recommendations.
2.30(b) The board must prescribe forms for statements and reports required to be filed
2.31under this chapter and make the forms available to individuals required to file them.
3.1(c) The board must make available to the individuals required to file the reports and
3.2statements a manual setting forth the recommended uniform methods of bookkeeping
3.3and reporting.
3.4(d) The board must develop a filing, coding, and cross-indexing system consistent
3.5with the purposes of this chapter.
3.6(e) The board must make the reports and statements filed with it available for public
3.7inspection and copying by the end of the second day following the day on which they
3.8were received. An individual may copy a report or statement by hand or by duplicating
3.9machine and the board must provide duplicating services at cost for this purpose.
3.10(f) Notwithstanding section138.163 , the board must preserve reports and statements
3.11for a period of five years from the date of receipt.
3.12(g) The board must compile and maintain a current list and summary of all
3.13statements or parts of statements pertaining to each candidate.
3.14(h) The board may prepare and publish reports it considers appropriate.
3.15(i) The board shall only vote on a matter before the board at a meeting if:
3.16(1) the matter was placed on an agenda distributed to all members of the board at
3.17least seven days before the meeting; and
3.18(2) background or other relevant information to the matter was distributed to all
3.19members of the board by the executive director or other staff at least seven days before the
3.20meeting.
3.21By majority consent of all members of the board, the board may vote on a matter at a
3.22meeting that does not satisfy the requirements of this paragraph.
3.23 Sec. 6. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 10, is
3.24amended to read:
3.25 Subd. 10. Audits and investigations. (a) Within limits of available resources, the
3.26boardmay must make audits and investigations, with respect to the requirements of this
3.27chapter. A final audit report completed under this chapter must contain the name of the
3.28primary board employee responsible for conducting the audit. The board may impose
3.29statutory civil penalties, and issue orders for compliance with respect to the requirements
3.30of this chapter and provisions under the board's jurisdiction pursuant to subdivision 11. In
3.31all matters relating to its official duties, the board has the power to require testimony under
3.32oath, to permit written statements to be given under oath, and to issue subpoenas and cause
3.33them to be served. If a person does not comply with a subpoena, the board may apply to
3.34the District Court of Ramsey County for issuance of an order compelling obedience to the
3.35subpoena. A person failing to obey the order is punishable by the court as for contempt.
4.1(b) The board shall issue rules, using the expedited rulemaking process in section
4.214.389, setting forth procedures to be followed for all audits and investigations conducted
4.3by the board under this chapter and other provisions under the board's jurisdiction pursuant
4.4to subdivision 11. The rules regarding the board's investigative procedure shall set forth:
4.5(1) the process for the board initiating and overseeing an investigation;
4.6(2) when summary proceedings may be available;
4.7(3) dedication of staff resources in taking witness testimony and conducting
4.8discovery;
4.9(4) parties' rights and opportunities to be heard by the board; and
4.10(5) board hearings and disposition of complaints, audits, and investigations.
4.11(c) In addition to the notice required under chapter 14, the board shall notify the
4.12chairs and ranking minority members of the committees or subcommittees in the senate
4.13and house of representatives with primary jurisdiction over elections within seven
4.14calendar days of taking the following actions:
4.15(1) publication of a notice of intent to adopt rules or a notice of hearing;
4.16(2) publication of proposed rules in the state register;
4.17(3) issuance of a statement of need and reasonableness; or
4.18(4) adoption of final rules.
4.19 Sec. 7. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 11, is
4.20amended to read:
4.21 Subd. 11. Violations; enforcement. (a) The board may investigate any alleged
4.22violation of this chapter. The board may also investigate an alleged violation of section
4.23211B.04
,
211B.12 , or
211B.15 by or related to a candidate, treasurer, principal campaign
4.24committee, political committee, political fund, or party unit, as those terms are defined
4.25in this chapter.The board must investigate any violation that is alleged in a written
4.26complaint filed with the board and must Upon receipt of a written complaint filed with
4.27the board, the board shall promptly provide a copy of the complaint to the subject of
4.28the complaint and notify the subject that a determination as to whether the complaint
4.29states a prima facie violation will be made and that the subject may, within 15 days of
4.30the date the board provided notice to the subject, submit a written statement addressing
4.31the prima facie determination. The notice must include the definition of a prima facie
4.32determination. Within 30 days after the filing of the complaintmake findings and
4.33conclusions, the board chair or another board member designated by the chair shall make
4.34a determination as to whethera violation has occurred the complaint alleges a prima facie
4.35violation. If a determination is made that the complaint does not allege a prima facie
5.1violation, the complaint shall be dismissed without prejudice and the complainant must
5.2be notified of the reasons the complaint did not allege a prima facie violation. If the
5.3complainant files a revised complaint regarding the same facts and the same subject, the
5.4prima facie determination must be completed by a board member other than the member
5.5who made the initial determination and who does not support the same political party as
5.6the member who made the initial determination. The chair may order that the prima
5.7facie determination for any complaint be made by the full board and must order that the
5.8prima facie determination for a complaint being submitted for the third time be made
5.9by the full board. If a determination is made that the complaint alleges a prima facie
5.10violation, the board shall, within 45 days of the prima facie determination, make findings
5.11and conclusions as to whether probable cause exists to believe the alleged violation that
5.12warrants a formal investigation has occurred. Any party filing a complaint and any
5.13party against whom a complaint is filed must be given an opportunity to be heard by the
5.14board prior to the board's determination as to whether probable cause exists to believe
5.15a violation that warrants a formal investigation has occurred. Upon a determination
5.16by the board that probable cause exists to believe a violation that warrants a formal
5.17investigation has occurred, the board must undertake an investigation under subdivision
5.1810 and must issue an order at the conclusion of the investigation, except that if the
5.19complaint alleges a violation of section10A.25 or
10A.27 , the board must either enter a
5.20conciliation agreement or make public findings and conclusions as to whether a violation
5.21has occurred and must issue an order within 60 days after the filing of the complaint. Prior
5.22to making findings and conclusions in an investigation, the board must offer the subject of
5.23the complaint an opportunity to answer the allegations of the complaint in writing and
5.24to appear before the board to address the matter. The deadline for action on a written
5.25complaint may be extended by majority vote of the board.
5.26(b) The board may bring legal actions or negotiate settlements in its own name to
5.27recover money raised from contributions subject to the conditions in this paragraph.
5.28(1) No action may be commenced unless the board has made a formal determination,
5.29after an investigation, that the money was raised for political purposes as defined in
5.30section211B.01, subdivision 6 , and that the money was used for purposes not permitted
5.31under this chapter or under section211B.12 .
5.32(2) Prior to commencing an action, the board must give the association whose money
5.33was misused written notice by certified mail of its intent to take action under this subdivision
5.34and must give the association a reasonable opportunity, for a period of not less than 90
5.35days, to recover the money without board intervention. This period must be extended
5.36for at least an additional 90 days for good cause if the association is actively pursuing
6.1recovery of the money. The board may not commence a legal action under this subdivision
6.2if the association has commenced a legal action for the recovery of the same money.
6.3(3) Any funds recovered under this subdivision must be deposited in a campaign
6.4finance recovery account in the special revenue fund and are appropriated as follows:
6.5(i) an amount equal to the board's actual costs and disbursements in the action,
6.6including court reporter fees for depositions taken in the course of an investigation, is
6.7appropriated to the board for its operations;
6.8(ii) an amount equal to the reasonable value of legal services provided by the Office
6.9of the Attorney General in the recovery matter, calculated on the same basis as is used
6.10for charging legal fees to state agencies, is appropriated to the attorney general for the
6.11attorney general's operations; and
6.12(iii) any remaining balance is appropriated to the board for distribution to the
6.13association to which the money was originally contributed.
6.14(4) Notwithstanding clause (3), item (iii), if the candidate of a principal campaign
6.15committee is the person who used the association's money for illegal purposes, or if the
6.16association or political fund whose money was misused is no longer registered with the
6.17board, any money remaining after the payments specified in clause (3), items (i) and (ii),
6.18must be transferred to the general account of the state elections campaign account.
6.19(5) Any action by the board under this paragraph must be commenced not later than
6.20four years after the improper use of money is shown on a report filed with the board or the
6.21board has actual knowledge of improper use. No action may be commenced under this
6.22paragraph for improper uses disclosed on reports for calendar years prior to 2011.
6.23(6) If the board prevails in an action brought under this subdivision and the court
6.24makes a finding that the misuse of funds was willful, the court may enter judgment in favor
6.25of the board and against the person misusing the funds in the amount of the misused funds.
6.26(c) Within a reasonable time after beginning an investigation of an individual
6.27or association, the board must notify the individual or association of the fact of the
6.28investigation. The board must not make a findingof whether there is probable cause to
6.29believe that a violation has occurred without notifying the individual or association of the
6.30nature of the allegations and affording an opportunity to answer those allegations.
6.31(d) A hearing before the board or action of the board concerning a complaint or
6.32investigation other thana finding concerning probable cause findings, conclusions, and
6.33orders or a conciliation agreement is confidential. Until the board makes a public finding
6.34concerning probable cause or enters a conciliation agreement:
6.35(1) a member, employee, or agent of the board must not disclose to an individual
6.36information obtained by that member, employee, or agent concerning a complaint or
7.1investigation except as required to carry out the investigation or take action in the matter
7.2as authorized by this chapter; and
7.3(2) an individual who discloses information contrary to this subdivision is subject
7.4to a civil penalty imposed by the board of up to $1,000.
7.5(e) A matter that is under the board's jurisdiction pursuant to this section and that
7.6may result in a criminal offense must be finally disposed of by the board before the alleged
7.7violation may be prosecuted by a city or county attorney.
7.8 Sec. 8. Minnesota Statutes 2012, section 10A.02, subdivision 11a, is amended to read:
7.9 Subd. 11a. Data privacy. If, after making a public findingconcerning probable
7.10cause or entering a conciliation agreement, the board determines that the record of the
7.11investigation contains statements, documents, or other matter that, if disclosed, would
7.12unfairly injure the reputation of an innocent individual, the board may:
7.13(1) retain the statement, document, or other matter as a private record, as defined in
7.14section13.02, subdivision 12 , for a period of one year, after which it must be destroyed; or
7.15(2) return the statement, document, or other matter to the individual who supplied
7.16it to the board.
7.17 Sec. 9. Minnesota Statutes 2012, section 10A.02, is amended by adding a subdivision
7.18to read:
7.19 Subd. 11b. Data privacy related to electronic reporting system. The board may
7.20develop and maintain systems to enable treasurers to enter and store electronic records
7.21online for the purpose of complying with this chapter. Data entered into such systems
7.22by treasurers or their authorized agents is not government data under chapter 13 and
7.23may not be accessed or used by the board for any purpose without the treasurer's written
7.24consent. Data from such systems that has been submitted to the board as a filed report is
7.25government data under chapter 13.
7.26 Sec. 10. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 15, is
7.27amended to read:
7.28 Subd. 15.Disposition of Fees and penalties. (a) Upon written request, certified
7.29pursuant to section 10A.025, subdivision 2, the board must waive that portion of a late
7.30filing fee or a civil penalty imposed for the late filing of a report or statement under this
7.31chapter for which the requester demonstrates good cause for the late filing or submission.
7.32 (b) The board must deposit all fees and civil penalties collected under this chapter
7.33into the general fund in the state treasury.
8.1 Sec. 11. Minnesota Statutes 2013 Supplement, section 10A.025, subdivision 4, is
8.2amended to read:
8.3 Subd. 4. Changes and corrections. Material changes in information previously
8.4submitted and corrections to a report or statement must be reported in writing to the board
8.5within ten days following the date of the event prompting the change or the date upon
8.6which the person filing became aware of the inaccuracy. The change or correction must
8.7identify the form and the paragraph containing the information to be changed or corrected.
8.8A person who willfully fails to report a material change or correction is subject to a
8.9civil penalty imposed by the board of up to $3,000. A willful violation of this subdivision
8.10is a gross misdemeanor.
8.11The board must send a written noticeby certified mail to any individual who fails to
8.12file a report required by this subdivision. If the individual fails to file the required report
8.13within ten business days after the notice was sent, the board may impose a late filing fee of
8.14$5 $25 per day up to $100 $1,000 starting on the 11th day after the notice was sent. The
8.15boardmust may send an additional notice by certified mail to an individual who fails to
8.16file a report within14 ten business days after the first notice was sent by the board that.
8.17The certified notice must state that if the individual does not file the requested report
8.18within ten business days after the certified notice was sent, the individual may be subject
8.19to a civil penalty for failure to file a report. An individual who fails to file a report required
8.20by this subdivision withinseven ten business days after the second certified notice was
8.21sent by the board is subject to a civil penalty imposed by the board of up to $1,000.
8.22 Sec. 12. Minnesota Statutes 2012, section 10A.025, is amended by adding a
8.23subdivision to read:
8.24 Subd. 5. Reconciliation information; penalty. An individual or association
8.25required to file a report under this chapter must provide information requested by the
8.26board to reconcile discrepancies between the report and reports filed by other individuals
8.27or associations. The board's request for information must be in writing. If the individual
8.28or association fails to provide the requested information within ten business days after the
8.29request was sent, the board may impose a late filing fee of $25 per day up to $1,000.
8.30The board may send notice by certified mail to an individual or association that has
8.31not timely responded to the board's written request for reconciliation information. The
8.32certified notice must state that if the individual or association does not respond to the
8.33board's request for information within ten business days after the certified notice was
8.34sent, the individual or association may be subject to a civil penalty for failure to provide
8.35information to the board. An individual or association that does not provide the requested
9.1information within ten business days after the certified notice was sent is subject to a civil
9.2penalty imposed by the board of up to $1,000.
9.3A person who willfully fails to cooperate with the board to reconcile a report
9.4discrepancy is subject to a civil penalty imposed by the board of up to $3,000.
9.5 Sec. 13. Minnesota Statutes 2012, section 10A.09, subdivision 1, is amended to read:
9.6 Subdivision 1. Time for filing.Except for a candidate for elective office in the
9.7judicial branch, An individual must file a statement of economic interest with the board:
9.8(1) within 60 days of accepting employment as a public official or a local official in
9.9a metropolitan governmental unit;
9.10(2) within 60 days of assuming office as a district court judge, appeals court judge,
9.11supreme court justice, or county commissioner;
9.12(2) (3) within 14 days after filing an affidavit of candidacy or petition to appear on
9.13the ballot for an elective state constitutional or legislative office or an elective local office
9.14in a metropolitan governmental unit other than county commissioner;
9.15(3) (4) in the case of a public official requiring the advice and consent of the senate,
9.16within 14 days after undertaking the duties of office; or
9.17(4) (5) in the case of members of the Minnesota Racing Commission, the director
9.18of the Minnesota Racing Commission, chief of security, medical officer, inspector of
9.19pari-mutuels, and stewards employed or approved by the commission or persons who
9.20fulfill those duties under contract, within 60 days of accepting or assuming duties.
9.21 Sec. 14. Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
9.22to read:
9.23 Subd. 1a. Exception; retired judges. Notwithstanding subdivision 1, a retired
9.24judge or justice appointed to serve as a judge or justice under section 2.724 is not required
9.25to comply with the provisions of this section.
9.26 Sec. 15. Minnesota Statutes 2012, section 10A.09, subdivision 5, is amended to read:
9.27 Subd. 5. Form. (a) A statement of economic interest required by this section must
9.28be on a form prescribed by the board. The individual filing must provide the following
9.29information:
9.30(1) name, address, occupation, and principal place of business;
9.31(2) the name of each associated business and the nature of that association;
9.32(3) a listing of all real property within the state, excluding homestead property, in
9.33which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as
10.1buyer or seller, or an option to buy, whether direct or indirect, if the interest is valued in
10.2excess of $2,500; or (ii) an option to buy, if the property has a fair market value of more
10.3than $50,000or more;
10.4(4) a listing of all real property within the state in which a partnership of which the
10.5individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed
10.6as buyer or seller, or an option to buy, whether direct or indirect, if the individual's share
10.7of the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the
10.8property has a fair market value of more than $50,000or more. A listing under clause
10.9(3) or (4) must indicate the street address and the municipality or the section, township,
10.10range and approximate acreage, whichever applies, and the county in which the property
10.11is located;and
10.12(5) a listing of any investments, ownership, or interests in property connected with
10.13pari-mutuel horse racing in the United States and Canada, including a racehorse, in which
10.14the individual directly or indirectly holds a partial or full interest or an immediate family
10.15member holds a partial or full interest.;
10.16(6) a listing of the principal business or professional activity category of each
10.17business from which the individual receives more than $50 in any month as an employee,
10.18if the individual has an ownership interest of 25 percent or more in the business; and
10.19(7) a listing of each principal business or professional activity category from which
10.20the individual received compensation of more than $2,500 in the past 12 months as an
10.21independent contractor.
10.22(b) The business or professional categories for purposes of paragraph (a), clauses (6)
10.23and (7), must be the general topic headings used by the federal Internal Revenue Service
10.24for purposes of reporting self-employment income on Schedule C. This paragraph does
10.25not require an individual to report any specific code number from that schedule. Any
10.26additional principal business or professional activity category may only be adopted if
10.27the category is enacted by law.
10.28EFFECTIVE DATE.This section is effective the day following final enactment for
10.29a person who becomes a public official on or after that date, and for a person who files an
10.30affidavit of candidacy or a petition to appear on a ballot that is subject to section 10A.09.
10.31For a person who is a public official before the effective date of this section, this section is
10.32effective for supplementary statements due April 15, 2015.
10.33 Sec. 16. Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
10.34to read:
11.1 Subd. 10. Board audits; data classification. All data related to an audit, including
11.2the existence of the audit, are classified as confidential data, as defined in section 13.02,
11.3subdivision 3. A member, employee, or agent of the board must not disclose information
11.4obtained by the member, employee, or agent concerning the audit except as required to
11.5carry out the audit or take action in the matter. Upon completion of the audit, the board's
11.6final audit report is public. The final audit report must contain the name of the individual
11.7subject to the audit, a description of any audit findings, a description of any responses
11.8provided by the individual who was subject to the audit, and a description of the manner in
11.9which any findings were resolved.
11.10 Sec. 17. Minnesota Statutes 2012, section 10A.12, subdivision 5, is amended to read:
11.11 Subd. 5. Dues or membership fees. An association may, if not prohibited by other
11.12law, deposit in its political fund money derived from dues or membership fees. Under
11.13section10A.20 , the treasurer of the fund must disclose the name of any member whose
11.14dues, membership fees, and contributions deposited in the political fund together exceed
11.15$100 $200 in a year.
11.16 Sec. 18. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 2, is
11.17amended to read:
11.18 Subd. 2. Time for filing. (a) The reports must be filed with the board on or before
11.19January 31 of each year and additional reports must be filed as required and in accordance
11.20with paragraphs (b) to(d) (f).
11.21(b) In each year in which the name of a candidate for legislative or district court
11.22judicial office is on the ballot, the report of the principal campaign committee must be
11.23filed 15 days before a primary election and ten days before a general election, seven
11.24days before a special primary election and seven days before a special general election,
11.25and ten days after a special election cycle.
11.26(c) In each general election year, a political committee, a political fund, a state
11.27party committee, and a party unit established by all or a part of the party organization
11.28within a house of the legislature, and the principal campaign committee of a candidate for
11.29constitutional or appellate court judicial office must file reports on the following schedule:
11.30(1) a first-quarter report covering the calendar year through March 31, which is
11.31due April 14;
11.32(2)in a year in which a primary election is held in August, a report covering the
11.33calendar year through May 31, which is due June 14;
12.1(3) in a year in which a primary election is held before August, a pre-general-election
12.2report covering the calendar year through July 15, which is due July 29;
12.3(4) (3) a pre-primary-election report due 15 days before a primary election;
12.4(5) (4) a pre-general-election report due 42 days before the general election; and
12.5(6) (5) a pre-general-election report due ten days before a general election; and.
12.6(7) for a special election, a constitutional office candidate whose name is on the
12.7ballot must file reports seven days before a special primary and a special election, and ten
12.8days after a special election cycle.
12.9(d) In each general election year, a party unit not included in paragraph (c) must file
12.10reports 15 days before a primary election and ten days before a general election.
12.11(e) In each year in which a constitutional office or appellate court judicial seat is
12.12on the ballot, the principal campaign committee of a candidate for that office or seat
12.13must file reports on the following schedule:
12.14(1) a first-quarter report covering the calendar year through March 31, which is
12.15due April 14;
12.16(2) a report covering the calendar year through May 31, which is due June 14;
12.17(3) a pre-primary-election report due 15 days before a primary election;
12.18(4) a pre-general-election report due 42 days before the general election;
12.19(5) a pre-general-election report due ten days before a general election; and
12.20(6) for a special election, a constitutional office candidate whose name is on the
12.21ballot must file reports seven days before a special primary election, seven days before a
12.22special general election, and ten days after a special election cycle.
12.23(e) (f) Notwithstanding paragraphs (a) to (d), (e):
12.24(1) the principal campaign committee of a candidate who did not file for office is not
12.25required to file the report due 15 days before the primary election or the report due seven
12.26days before a special primary election; and
12.27(2) the principal campaign committee of a candidate whose name will not be on the
12.28general election ballot is not required to file the report due 42 days before the general
12.29election, the report due ten days before a general election, or the report due seven days
12.30before a special general election.
12.31 Sec. 19. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 5, is
12.32amended to read:
12.33 Subd. 5. Pre-election reports. (a) Any loan, contribution, or contributions:
12.34 (1) to a political committee or political fund from any one source totaling more
12.35than $1,000;
13.1 (2) to the principal campaign committee of a candidate for an appellate court judicial
13.2office totaling more than $2,000;
13.3 (3) to the principal campaign committee of a candidate for district court judge
13.4totaling more than $400; or
13.5 (4) to the principal campaign committee of a candidate for constitutional office or
13.6for the legislature totaling more than 50 percent of the electioncycle segment contribution
13.7limit for the office,
13.8received between the last day covered in the last report before an election and the election
13.9must be reported to the board in the manner provided in paragraph (b).
13.10(b) A loan, contribution, or contributions required to be reported to the board under
13.11paragraph (a) must be reported to the board either:
13.12 (1) in person by the end of the next business day after its receipt; or
13.13 (2) by electronic means sent within 24 hours after its receipt.
13.14 (c) These loans and contributions must also be reported in the next required report.
13.15 (d) This notice requirement does not apply in a primary election to a candidate who
13.16is unopposed in the primary, in a primary election to a ballot question political committee
13.17or fund, or in a general election to a candidate whose name is not on the general election
13.18ballot. The board must post the report on its Web site by the end of the next business day
13.19after it is received.
13.20 (e) This subdivision does not apply to a ballot question or independent expenditure
13.21political committee or fund that has not met the registration threshold of section10A.14 ,
13.22subdivision 1a. However, if a contribution that would be subject to this section triggers the
13.23registration requirement in section10A.14, subdivision 1a , then both registration under
13.24that section and reporting under this section are required.
13.25 Sec. 20. Minnesota Statutes 2012, section 10A.255, subdivision 3, is amended to read:
13.26 Subd. 3. Publication of expenditure limit. By April 15 of each election year
13.27the board must publishin the State Register on its Web site the expenditure limit for
13.28each office for that calendar year under section10A.25 as adjusted by this section. The
13.29revisor of statutes must code the adjusted amounts in the next edition of Minnesota
13.30Statutes, section10A.25, subdivision 2 .
13.31 Sec. 21. Minnesota Statutes 2012, section 10A.28, subdivision 4, is amended to read:
13.32 Subd. 4. Civil action. If the board is unable after a reasonable time to correct by
13.33informal methods a matterthat constitutes probable cause where there is reason to believe
13.34that excess expenditures have been made or excess contributions accepted contrary to
14.1subdivision 1 or 2, the board must make a public findingof probable cause in the matter.
14.2After making a public finding, the board must bring an action, or transmit the finding to a
14.3county attorney who must bring an action, in the District Court of Ramsey County or, in the
14.4case of a legislative candidate, the district court of a county within the legislative district,
14.5to collect a civil penalty as imposed by the board under subdivision 1 or 2. All money
14.6recovered under this section must be deposited in the general fund of the state treasury.
14.7 The board may use section 10A.34 to recover fees and penalties or to seek an injunction.
14.8 Sec. 22. Minnesota Statutes 2012, section 13.607, subdivision 5, is amended to read:
14.9 Subd. 5. Statements of economic interest. (a) Disclosure of statements of
14.10economic interest filed by local officials is governed by section10A.09, subdivision 6a .
14.11(b) Data related to audits of statements of economic interest are governed by section
14.1210A.09, subdivision 10.
14.13 Sec. 23. Minnesota Statutes 2012, section 13.607, subdivision 5a, is amended to read:
14.14 Subd. 5a. Campaign reports and data. Certain reports filed with the Campaign
14.15Finance and Public Disclosure Board are classified under section10A.20 . Certain data
14.16stored by the Campaign Finance and Public Disclosure Board is not government data
14.17under section 10A.02, subdivision 11b.
14.18 Sec. 24. Minnesota Statutes 2012, section 211A.02, subdivision 2, is amended to read:
14.19 Subd. 2. Information required. The report to be filed by a candidate or committee
14.20must include:
14.21 (1) the name of the candidate or ballot question;
14.22 (2) the printed name, address, telephone number, signature, and e-mail address, if
14.23available, of the person responsible for filing the report;
14.24 (3) the total cash on hand designated to be used for political purposes;
14.25(4) the total amount ofreceipts contributions and expenditures disbursements for the
14.26period from the last previous report to five days before the current report is due;
14.27 (5) the amount, date, and purpose for eachexpenditure disbursement; and
14.28 (6) the name, address, and employer, or occupation if self-employed, of any
14.29individual or committee that during the year has made one or more contributions that in
14.30the aggregate exceed $100, and the amount and date of each contribution. The filing
14.31officer must restrict public access to the address of any individual who has made a
14.32contribution that exceeds $100 and who has filed with the filing officer a written statement
15.1signed by the individual that withholding the individual's address from the financial report
15.2is required for the safety of the individual or the individual's family.
15.3 Sec. 25. REPEALER.
15.4Minnesota Statutes 2012, section 10A.09, subdivision 8, is repealed.
15.5 Sec. 26. EFFECTIVE DATE.
15.6Except where otherwise provided, sections 1 to 25 are effective the day following
15.7final enactment.
1.3authorizing online electronic records systems; authorizing the board to request
1.4reconciliation information; authorizing penalties; modifying certain definitions
1.5and fee amounts; modifying certain reporting and filing requirements; making
1.6various technical and clarifying changes; providing data classifications; modifying
1.7statements of economic interest;amending Minnesota Statutes 2012, sections
1.810A.01, subdivision 5, by adding a subdivision; 10A.02, subdivisions 5, 8, 11a,
1.9by adding a subdivision; 10A.025, by adding a subdivision; 10A.09, subdivisions
1.101, 5, by adding subdivisions; 10A.12, subdivision 5; 10A.255, subdivision
1.113; 10A.28, subdivision 4; 13.607, subdivisions 5, 5a; 211A.02, subdivision 2;
1.12Minnesota Statutes 2013 Supplement, sections 10A.01, subdivision 10; 10A.02,
1.13subdivisions 10, 11, 15; 10A.025, subdivision 4; 10A.20, subdivisions 2, 5;
1.14repealing Minnesota Statutes 2012, section 10A.09, subdivision 8.
1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.16 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 5, is amended to read:
1.17 Subd. 5. Associated business. "Associated business" means an association,
1.18corporation, partnership, limited liability company, limited liability partnership, or other
1.19organized legal entity from which the individual receives compensation in excess of $50,
1.20except for actual and reasonable expenses, in any month as a director, officer, owner,
1.21member, partner, employer or employee, or whose securities the individual holds worth
1.22more than $2,500
1.23 Sec. 2. Minnesota Statutes 2013 Supplement, section 10A.01, subdivision 10, is
1.24amended to read:
1.25 Subd. 10. Candidate. "Candidate" means an individual who seeks nomination or
1.26election as a state constitutional officer, legislator, or judge. An individual is deemed
1.27to seek nomination or election if the individual has taken the action necessary under
2.1the law of this state to qualify for nomination or election, has received contributions or
2.2made expenditures in excess of
2.3any other person to receive contributions or make expenditures in excess of
2.4for the purpose of bringing about the individual's nomination or election. A candidate
2.5remains a candidate until the candidate's principal campaign committee is dissolved as
2.6provided in section
2.7 Sec. 3. Minnesota Statutes 2012, section 10A.01, is amended by adding a subdivision
2.8to read:
2.9 Subd. 32a. Prima facie determination. A prima facie determination is a
2.10determination that a complaint filed under section 10A.02, subdivision 11, is sufficient
2.11to allege a violation of this chapter or of those sections of chapter 211B listed in section
2.1210A.02, subdivision 11.
2.13 Sec. 4. Minnesota Statutes 2012, section 10A.02, subdivision 5, is amended to read:
2.14 Subd. 5. Executive director; staff. The board must appoint an executive director.
2.15The executive director is in the unclassified service. The executive director is not
2.16an ex officio member of the board. The executive director serves as secretary of the
2.17board and must keep a record of all proceedings and actions by the board. The board
2.18may also employ and prescribe the duties of other permanent or temporary employees
2.19in the unclassified service as may be necessary to administer this chapter, subject to
2.20appropriation. The executive director and all other employees serve at the pleasure of the
2.21board. Expenses of the board must be approved by the chair or another member as the
2.22rules of the board may provide and the expenses must then be paid in the same manner
2.23as other state expenses are paid.
2.24 Sec. 5. Minnesota Statutes 2012, section 10A.02, subdivision 8, is amended to read:
2.25 Subd. 8. Duties. (a) The board must report at the close of each fiscal year to the
2.26legislature, the governor, and the public concerning the action it has taken, the names,
2.27salaries, and duties of all individuals in its employ, and the money it has disbursed. The
2.28board must include and identify in its report any other reports it has made during the fiscal
2.29year. It may indicate apparent abuses and offer legislative recommendations.
2.30(b) The board must prescribe forms for statements and reports required to be filed
2.31under this chapter and make the forms available to individuals required to file them.
3.1(c) The board must make available to the individuals required to file the reports and
3.2statements a manual setting forth the recommended uniform methods of bookkeeping
3.3and reporting.
3.4(d) The board must develop a filing, coding, and cross-indexing system consistent
3.5with the purposes of this chapter.
3.6(e) The board must make the reports and statements filed with it available for public
3.7inspection and copying by the end of the second day following the day on which they
3.8were received. An individual may copy a report or statement by hand or by duplicating
3.9machine and the board must provide duplicating services at cost for this purpose.
3.10(f) Notwithstanding section
3.11for a period of five years from the date of receipt.
3.12(g) The board must compile and maintain a current list and summary of all
3.13statements or parts of statements pertaining to each candidate.
3.14(h) The board may prepare and publish reports it considers appropriate.
3.15(i) The board shall only vote on a matter before the board at a meeting if:
3.16(1) the matter was placed on an agenda distributed to all members of the board at
3.17least seven days before the meeting; and
3.18(2) background or other relevant information to the matter was distributed to all
3.19members of the board by the executive director or other staff at least seven days before the
3.20meeting.
3.21By majority consent of all members of the board, the board may vote on a matter at a
3.22meeting that does not satisfy the requirements of this paragraph.
3.23 Sec. 6. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 10, is
3.24amended to read:
3.25 Subd. 10. Audits and investigations. (a) Within limits of available resources, the
3.26board
3.27chapter. A final audit report completed under this chapter must contain the name of the
3.28primary board employee responsible for conducting the audit. The board may impose
3.29statutory civil penalties
3.30of this chapter and provisions under the board's jurisdiction pursuant to subdivision 11. In
3.31all matters relating to its official duties, the board has the power to require testimony under
3.32oath, to permit written statements to be given under oath, and to issue subpoenas and cause
3.33them to be served. If a person does not comply with a subpoena, the board may apply to
3.34the District Court of Ramsey County for issuance of an order compelling obedience to the
3.35subpoena. A person failing to obey the order is punishable by the court as for contempt.
4.1(b) The board shall issue rules, using the expedited rulemaking process in section
4.214.389, setting forth procedures to be followed for all audits and investigations conducted
4.3by the board under this chapter and other provisions under the board's jurisdiction pursuant
4.4to subdivision 11. The rules regarding the board's investigative procedure shall set forth:
4.5(1) the process for the board initiating and overseeing an investigation;
4.6(2) when summary proceedings may be available;
4.7(3) dedication of staff resources in taking witness testimony and conducting
4.8discovery;
4.9(4) parties' rights and opportunities to be heard by the board; and
4.10(5) board hearings and disposition of complaints, audits, and investigations.
4.11(c) In addition to the notice required under chapter 14, the board shall notify the
4.12chairs and ranking minority members of the committees or subcommittees in the senate
4.13and house of representatives with primary jurisdiction over elections within seven
4.14calendar days of taking the following actions:
4.15(1) publication of a notice of intent to adopt rules or a notice of hearing;
4.16(2) publication of proposed rules in the state register;
4.17(3) issuance of a statement of need and reasonableness; or
4.18(4) adoption of final rules.
4.19 Sec. 7. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 11, is
4.20amended to read:
4.21 Subd. 11. Violations; enforcement. (a) The board may investigate any alleged
4.22violation of this chapter. The board may also investigate an alleged violation of section
4.24committee, political committee, political fund, or party unit, as those terms are defined
4.25in this chapter.
4.26
4.27the board, the board shall promptly provide a copy of the complaint to the subject of
4.28the complaint and notify the subject that a determination as to whether the complaint
4.29states a prima facie violation will be made and that the subject may, within 15 days of
4.30the date the board provided notice to the subject, submit a written statement addressing
4.31the prima facie determination. The notice must include the definition of a prima facie
4.32determination. Within 30 days after the filing of the complaint
4.33
4.34a determination as to whether
4.35violation. If a determination is made that the complaint does not allege a prima facie
5.1violation, the complaint shall be dismissed without prejudice and the complainant must
5.2be notified of the reasons the complaint did not allege a prima facie violation. If the
5.3complainant files a revised complaint regarding the same facts and the same subject, the
5.4prima facie determination must be completed by a board member other than the member
5.5who made the initial determination and who does not support the same political party as
5.6the member who made the initial determination. The chair may order that the prima
5.7facie determination for any complaint be made by the full board and must order that the
5.8prima facie determination for a complaint being submitted for the third time be made
5.9by the full board. If a determination is made that the complaint alleges a prima facie
5.10violation, the board shall, within 45 days of the prima facie determination, make findings
5.11and conclusions as to whether probable cause exists to believe the alleged violation that
5.12warrants a formal investigation has occurred. Any party filing a complaint and any
5.13party against whom a complaint is filed must be given an opportunity to be heard by the
5.14board prior to the board's determination as to whether probable cause exists to believe
5.15a violation that warrants a formal investigation has occurred. Upon a determination
5.16by the board that probable cause exists to believe a violation that warrants a formal
5.17investigation has occurred, the board must undertake an investigation under subdivision
5.1810 and must issue an order at the conclusion of the investigation, except that if the
5.19complaint alleges a violation of section
5.20conciliation agreement or make public findings and conclusions as to whether a violation
5.21has occurred and must issue an order within 60 days after the filing of the complaint. Prior
5.22to making findings and conclusions in an investigation, the board must offer the subject of
5.23the complaint an opportunity to answer the allegations of the complaint in writing and
5.24to appear before the board to address the matter. The deadline for action on a written
5.25complaint may be extended by majority vote of the board.
5.26(b) The board may bring legal actions or negotiate settlements in its own name to
5.27recover money raised from contributions subject to the conditions in this paragraph.
5.28(1) No action may be commenced unless the board has made a formal determination,
5.29after an investigation, that the money was raised for political purposes as defined in
5.30section
5.31under this chapter or under section
5.32(2) Prior to commencing an action, the board must give the association whose money
5.33was misused written notice by certified mail of its intent to take action under this subdivision
5.34and must give the association a reasonable opportunity, for a period of not less than 90
5.35days, to recover the money without board intervention. This period must be extended
5.36for at least an additional 90 days for good cause if the association is actively pursuing
6.1recovery of the money. The board may not commence a legal action under this subdivision
6.2if the association has commenced a legal action for the recovery of the same money.
6.3(3) Any funds recovered under this subdivision must be deposited in a campaign
6.4finance recovery account in the special revenue fund and are appropriated as follows:
6.5(i) an amount equal to the board's actual costs and disbursements in the action,
6.6including court reporter fees for depositions taken in the course of an investigation, is
6.7appropriated to the board for its operations;
6.8(ii) an amount equal to the reasonable value of legal services provided by the Office
6.9of the Attorney General in the recovery matter, calculated on the same basis as is used
6.10for charging legal fees to state agencies, is appropriated to the attorney general for the
6.11attorney general's operations; and
6.12(iii) any remaining balance is appropriated to the board for distribution to the
6.13association to which the money was originally contributed.
6.14(4) Notwithstanding clause (3), item (iii), if the candidate of a principal campaign
6.15committee is the person who used the association's money for illegal purposes, or if the
6.16association or political fund whose money was misused is no longer registered with the
6.17board, any money remaining after the payments specified in clause (3), items (i) and (ii),
6.18must be transferred to the general account of the state elections campaign account.
6.19(5) Any action by the board under this paragraph must be commenced not later than
6.20four years after the improper use of money is shown on a report filed with the board or the
6.21board has actual knowledge of improper use. No action may be commenced under this
6.22paragraph for improper uses disclosed on reports for calendar years prior to 2011.
6.23(6) If the board prevails in an action brought under this subdivision and the court
6.24makes a finding that the misuse of funds was willful, the court may enter judgment in favor
6.25of the board and against the person misusing the funds in the amount of the misused funds.
6.26(c) Within a reasonable time after beginning an investigation of an individual
6.27or association, the board must notify the individual or association of the fact of the
6.28investigation. The board must not make a finding
6.29
6.30nature of the allegations and affording an opportunity to answer those allegations.
6.31(d) A hearing before the board or action of the board concerning a complaint or
6.32investigation other than
6.33orders or a conciliation agreement is confidential. Until the board makes a public finding
6.34
6.35(1) a member, employee, or agent of the board must not disclose to an individual
6.36information obtained by that member, employee, or agent concerning a complaint or
7.1investigation except as required to carry out the investigation or take action in the matter
7.2as authorized by this chapter; and
7.3(2) an individual who discloses information contrary to this subdivision is subject
7.4to a civil penalty imposed by the board of up to $1,000.
7.5(e) A matter that is under the board's jurisdiction pursuant to this section and that
7.6may result in a criminal offense must be finally disposed of by the board before the alleged
7.7violation may be prosecuted by a city or county attorney.
7.8 Sec. 8. Minnesota Statutes 2012, section 10A.02, subdivision 11a, is amended to read:
7.9 Subd. 11a. Data privacy. If, after making a public finding
7.10
7.11investigation contains statements, documents, or other matter that, if disclosed, would
7.12unfairly injure the reputation of an innocent individual, the board may:
7.13(1) retain the statement, document, or other matter as a private record, as defined in
7.14section
7.15(2) return the statement, document, or other matter to the individual who supplied
7.16it to the board.
7.17 Sec. 9. Minnesota Statutes 2012, section 10A.02, is amended by adding a subdivision
7.18to read:
7.19 Subd. 11b. Data privacy related to electronic reporting system. The board may
7.20develop and maintain systems to enable treasurers to enter and store electronic records
7.21online for the purpose of complying with this chapter. Data entered into such systems
7.22by treasurers or their authorized agents is not government data under chapter 13 and
7.23may not be accessed or used by the board for any purpose without the treasurer's written
7.24consent. Data from such systems that has been submitted to the board as a filed report is
7.25government data under chapter 13.
7.26 Sec. 10. Minnesota Statutes 2013 Supplement, section 10A.02, subdivision 15, is
7.27amended to read:
7.28 Subd. 15.
7.29pursuant to section 10A.025, subdivision 2, the board must waive that portion of a late
7.30filing fee or a civil penalty imposed for the late filing of a report or statement under this
7.31chapter for which the requester demonstrates good cause for the late filing or submission.
7.32 (b) The board must deposit all fees and civil penalties collected under this chapter
7.33into the general fund in the state treasury.
8.1 Sec. 11. Minnesota Statutes 2013 Supplement, section 10A.025, subdivision 4, is
8.2amended to read:
8.3 Subd. 4. Changes and corrections. Material changes in information previously
8.4submitted and corrections to a report or statement must be reported in writing to the board
8.5within ten days following the date of the event prompting the change or the date upon
8.6which the person filing became aware of the inaccuracy. The change or correction must
8.7identify the form and the paragraph containing the information to be changed or corrected.
8.8A person who willfully fails to report a material change or correction is subject to a
8.9civil penalty imposed by the board of up to $3,000. A willful violation of this subdivision
8.10is a gross misdemeanor.
8.11The board must send a written notice
8.12file a report required by this subdivision. If the individual fails to file the required report
8.13within ten business days after the notice was sent, the board may impose a late filing fee of
8.14
8.15board
8.16file a report within
8.17The certified notice must state that if the individual does not file the requested report
8.18within ten business days after the certified notice was sent, the individual may be subject
8.19to a civil penalty for failure to file a report. An individual who fails to file a report required
8.20by this subdivision within
8.21sent by the board is subject to a civil penalty imposed by the board of up to $1,000.
8.22 Sec. 12. Minnesota Statutes 2012, section 10A.025, is amended by adding a
8.23subdivision to read:
8.24 Subd. 5. Reconciliation information; penalty. An individual or association
8.25required to file a report under this chapter must provide information requested by the
8.26board to reconcile discrepancies between the report and reports filed by other individuals
8.27or associations. The board's request for information must be in writing. If the individual
8.28or association fails to provide the requested information within ten business days after the
8.29request was sent, the board may impose a late filing fee of $25 per day up to $1,000.
8.30The board may send notice by certified mail to an individual or association that has
8.31not timely responded to the board's written request for reconciliation information. The
8.32certified notice must state that if the individual or association does not respond to the
8.33board's request for information within ten business days after the certified notice was
8.34sent, the individual or association may be subject to a civil penalty for failure to provide
8.35information to the board. An individual or association that does not provide the requested
9.1information within ten business days after the certified notice was sent is subject to a civil
9.2penalty imposed by the board of up to $1,000.
9.3A person who willfully fails to cooperate with the board to reconcile a report
9.4discrepancy is subject to a civil penalty imposed by the board of up to $3,000.
9.5 Sec. 13. Minnesota Statutes 2012, section 10A.09, subdivision 1, is amended to read:
9.6 Subdivision 1. Time for filing.
9.7
9.8(1) within 60 days of accepting employment as a public official or a local official in
9.9a metropolitan governmental unit;
9.10(2) within 60 days of assuming office as a district court judge, appeals court judge,
9.11supreme court justice, or county commissioner;
9.12
9.13the ballot for an elective state constitutional or legislative office or an elective local office
9.14in a metropolitan governmental unit other than county commissioner;
9.15
9.16within 14 days after undertaking the duties of office; or
9.17
9.18of the Minnesota Racing Commission, chief of security, medical officer, inspector of
9.19pari-mutuels, and stewards employed or approved by the commission or persons who
9.20fulfill those duties under contract, within 60 days of accepting or assuming duties.
9.21 Sec. 14. Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
9.22to read:
9.23 Subd. 1a. Exception; retired judges. Notwithstanding subdivision 1, a retired
9.24judge or justice appointed to serve as a judge or justice under section 2.724 is not required
9.25to comply with the provisions of this section.
9.26 Sec. 15. Minnesota Statutes 2012, section 10A.09, subdivision 5, is amended to read:
9.27 Subd. 5. Form. (a) A statement of economic interest required by this section must
9.28be on a form prescribed by the board. The individual filing must provide the following
9.29information:
9.30(1) name, address, occupation, and principal place of business;
9.31(2) the name of each associated business and the nature of that association;
9.32(3) a listing of all real property within the state, excluding homestead property, in
9.33which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as
10.1buyer or seller, or an option to buy, whether direct or indirect, if the interest is valued in
10.2excess of $2,500; or (ii) an option to buy, if the property has a fair market value of more
10.3than $50,000
10.4(4) a listing of all real property within the state in which a partnership of which the
10.5individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed
10.6as buyer or seller, or an option to buy, whether direct or indirect, if the individual's share
10.7of the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the
10.8property has a fair market value of more than $50,000
10.9(3) or (4) must indicate the street address and the municipality or the section, township,
10.10range and approximate acreage, whichever applies, and the county in which the property
10.11is located;
10.12(5) a listing of any investments, ownership, or interests in property connected with
10.13pari-mutuel horse racing in the United States and Canada, including a racehorse, in which
10.14the individual directly or indirectly holds a partial or full interest or an immediate family
10.15member holds a partial or full interest
10.16(6) a listing of the principal business or professional activity category of each
10.17business from which the individual receives more than $50 in any month as an employee,
10.18if the individual has an ownership interest of 25 percent or more in the business; and
10.19(7) a listing of each principal business or professional activity category from which
10.20the individual received compensation of more than $2,500 in the past 12 months as an
10.21independent contractor.
10.22(b) The business or professional categories for purposes of paragraph (a), clauses (6)
10.23and (7), must be the general topic headings used by the federal Internal Revenue Service
10.24for purposes of reporting self-employment income on Schedule C. This paragraph does
10.25not require an individual to report any specific code number from that schedule. Any
10.26additional principal business or professional activity category may only be adopted if
10.27the category is enacted by law.
10.28EFFECTIVE DATE.This section is effective the day following final enactment for
10.29a person who becomes a public official on or after that date, and for a person who files an
10.30affidavit of candidacy or a petition to appear on a ballot that is subject to section 10A.09.
10.31For a person who is a public official before the effective date of this section, this section is
10.32effective for supplementary statements due April 15, 2015.
10.33 Sec. 16. Minnesota Statutes 2012, section 10A.09, is amended by adding a subdivision
10.34to read:
11.1 Subd. 10. Board audits; data classification. All data related to an audit, including
11.2the existence of the audit, are classified as confidential data, as defined in section 13.02,
11.3subdivision 3. A member, employee, or agent of the board must not disclose information
11.4obtained by the member, employee, or agent concerning the audit except as required to
11.5carry out the audit or take action in the matter. Upon completion of the audit, the board's
11.6final audit report is public. The final audit report must contain the name of the individual
11.7subject to the audit, a description of any audit findings, a description of any responses
11.8provided by the individual who was subject to the audit, and a description of the manner in
11.9which any findings were resolved.
11.10 Sec. 17. Minnesota Statutes 2012, section 10A.12, subdivision 5, is amended to read:
11.11 Subd. 5. Dues or membership fees. An association may, if not prohibited by other
11.12law, deposit in its political fund money derived from dues or membership fees. Under
11.13section
11.14dues, membership fees, and contributions deposited in the political fund together exceed
11.15
11.16 Sec. 18. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 2, is
11.17amended to read:
11.18 Subd. 2. Time for filing. (a) The reports must be filed with the board on or before
11.19January 31 of each year and additional reports must be filed as required and in accordance
11.20with paragraphs (b) to
11.21(b) In each year in which the name of a candidate for legislative or district court
11.22judicial office is on the ballot, the report of the principal campaign committee must be
11.23filed 15 days before a primary election and ten days before a general election, seven
11.24days before a special primary election and seven days before a special general election,
11.25and ten days after a special election cycle.
11.26(c) In each general election year, a political committee, a political fund, a state
11.27party committee, and a party unit established by all or a part of the party organization
11.28within a house of the legislature
11.29
11.30(1) a first-quarter report covering the calendar year through March 31, which is
11.31due April 14;
11.32(2)
11.33calendar year through May 31, which is due June 14;
12.1
12.2
12.3
12.4
12.5
12.6
12.7
12.8
12.9(d) In each general election year, a party unit not included in paragraph (c) must file
12.10reports 15 days before a primary election and ten days before a general election.
12.11(e) In each year in which a constitutional office or appellate court judicial seat is
12.12on the ballot, the principal campaign committee of a candidate for that office or seat
12.13must file reports on the following schedule:
12.14(1) a first-quarter report covering the calendar year through March 31, which is
12.15due April 14;
12.16(2) a report covering the calendar year through May 31, which is due June 14;
12.17(3) a pre-primary-election report due 15 days before a primary election;
12.18(4) a pre-general-election report due 42 days before the general election;
12.19(5) a pre-general-election report due ten days before a general election; and
12.20(6) for a special election, a constitutional office candidate whose name is on the
12.21ballot must file reports seven days before a special primary election, seven days before a
12.22special general election, and ten days after a special election cycle.
12.23
12.24(1) the principal campaign committee of a candidate who did not file for office is not
12.25required to file the report due 15 days before the primary election or the report due seven
12.26days before a special primary election; and
12.27(2) the principal campaign committee of a candidate whose name will not be on the
12.28general election ballot is not required to file the report due 42 days before the general
12.29election, the report due ten days before a general election, or the report due seven days
12.30before a special general election.
12.31 Sec. 19. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 5, is
12.32amended to read:
12.33 Subd. 5. Pre-election reports. (a) Any loan, contribution, or contributions:
12.34 (1) to a political committee or political fund from any one source totaling more
12.35than $1,000;
13.1 (2) to the principal campaign committee of a candidate for an appellate court judicial
13.2office totaling more than $2,000;
13.3 (3) to the principal campaign committee of a candidate for district court judge
13.4totaling more than $400; or
13.5 (4) to the principal campaign committee of a candidate for constitutional office or
13.6for the legislature totaling more than 50 percent of the election
13.7limit for the office,
13.8received between the last day covered in the last report before an election and the election
13.9must be reported to the board in the manner provided in paragraph (b).
13.10(b) A loan, contribution, or contributions required to be reported to the board under
13.11paragraph (a) must be reported to the board either:
13.12 (1) in person by the end of the next business day after its receipt; or
13.13 (2) by electronic means sent within 24 hours after its receipt.
13.14 (c) These loans and contributions must also be reported in the next required report.
13.15 (d) This notice requirement does not apply in a primary election to a candidate who
13.16is unopposed in the primary, in a primary election to a ballot question political committee
13.17or fund, or in a general election to a candidate whose name is not on the general election
13.18ballot. The board must post the report on its Web site by the end of the next business day
13.19after it is received.
13.20 (e) This subdivision does not apply to a ballot question or independent expenditure
13.21political committee or fund that has not met the registration threshold of section
13.22subdivision 1a. However, if a contribution that would be subject to this section triggers the
13.23registration requirement in section
13.24that section and reporting under this section are required.
13.25 Sec. 20. Minnesota Statutes 2012, section 10A.255, subdivision 3, is amended to read:
13.26 Subd. 3. Publication of expenditure limit. By April 15 of each election year
13.27the board must publish
13.28each office for that calendar year under section
13.29revisor of statutes must code the adjusted amounts in the next edition of Minnesota
13.30Statutes, section
13.31 Sec. 21. Minnesota Statutes 2012, section 10A.28, subdivision 4, is amended to read:
13.32 Subd. 4. Civil action. If the board is unable after a reasonable time to correct by
13.33informal methods a matter
13.34that excess expenditures have been made or excess contributions accepted contrary to
14.1subdivision 1 or 2, the board must make a public finding
14.2
14.3
14.4
14.5
14.6
14.7 The board may use section 10A.34 to recover fees and penalties or to seek an injunction.
14.8 Sec. 22. Minnesota Statutes 2012, section 13.607, subdivision 5, is amended to read:
14.9 Subd. 5. Statements of economic interest. (a) Disclosure of statements of
14.10economic interest filed by local officials is governed by section
14.11(b) Data related to audits of statements of economic interest are governed by section
14.1210A.09, subdivision 10.
14.13 Sec. 23. Minnesota Statutes 2012, section 13.607, subdivision 5a, is amended to read:
14.14 Subd. 5a. Campaign reports and data. Certain reports filed with the Campaign
14.15Finance and Public Disclosure Board are classified under section
14.16stored by the Campaign Finance and Public Disclosure Board is not government data
14.17under section 10A.02, subdivision 11b.
14.18 Sec. 24. Minnesota Statutes 2012, section 211A.02, subdivision 2, is amended to read:
14.19 Subd. 2. Information required. The report to be filed by a candidate or committee
14.20must include:
14.21 (1) the name of the candidate or ballot question;
14.22 (2) the printed name, address, telephone number, signature, and e-mail address, if
14.23available, of the person responsible for filing the report;
14.24 (3) the total cash on hand designated to be used for political purposes;
14.25(4) the total amount of
14.26period from the last previous report to five days before the current report is due;
14.27 (5) the amount, date, and purpose for each
14.28 (6) the name, address, and employer, or occupation if self-employed, of any
14.29individual or committee that during the year has made one or more contributions that in
14.30the aggregate exceed $100, and the amount and date of each contribution. The filing
14.31officer must restrict public access to the address of any individual who has made a
14.32contribution that exceeds $100 and who has filed with the filing officer a written statement
15.1signed by the individual that withholding the individual's address from the financial report
15.2is required for the safety of the individual or the individual's family.
15.3 Sec. 25. REPEALER.
15.4Minnesota Statutes 2012, section 10A.09, subdivision 8, is repealed.
15.5 Sec. 26. EFFECTIVE DATE.
15.6Except where otherwise provided, sections 1 to 25 are effective the day following
15.7final enactment.
