Bill Text: MN HF2885 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Contributions modified for political committees or funds, independent expenditures, and campaign expenditures, and contributions prohibited by foreign nationals.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-03-21 - Author added Slocum [HF2885 Detail]
Download: Minnesota-2011-HF2885-Introduced.html
1.2relating to campaign finance; modifying provisions related to certain
1.3contributions to political committees or funds, independent expenditures, and
1.4campaign expenditures; prohibiting contributions by foreign nationals;amending
1.5Minnesota Statutes 2010, sections 10A.01, by adding a subdivision; 10A.20,
1.6by adding a subdivision; proposing coding for new law in Minnesota Statutes,
1.7chapter 10A.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 10A.01, is amended by adding a
1.10subdivision to read:
1.11 Subd. 17c. General treasury. "General treasury" means an account maintained by
1.12an association containing an accumulation of money that results from either:
1.13(1) revenues from the operation of a business; or
1.14(2) revenue from membership dues or fees, or from money received by the
1.15association. "General treasury funds" refers to money that is held in an association's
1.16general treasury. Money collected by an association to influence the nomination or election
1.17of a candidate or to promote or defeat a ballot question is not general treasury money.
1.18 Sec. 2. [10A.151] REQUIREMENTS FOR ASSOCIATION CONTRIBUTIONS;
1.19INDEPENDENT EXPENDITURES; AND EXPENDITURES.
1.20 Subdivision 1. Application. This section applies to any association governed by
1.21a body vested with the general management of the internal affairs of the association,
1.22regardless of how designated, other than a principal campaign committee, party unit, or
1.23political committee. A governing body includes, but is not limited to, a board of directors,
1.24executive council, or other similar organizational leadership body.
2.1 Subd. 2. Authorization. An association as described in subdivision 1 shall not,
2.2without the prior authorization of the majority of the association's governing body,
2.3disburse funds in excess of $1,000 from its general treasury to make:
2.4(1) a contribution to a political committee or political fund;
2.5(2) an independent expenditure; or
2.6(3) a campaign expenditure.
2.7 Subd. 3. Authorization requirements. An authorization required under subdivision
2.82 for the use of general treasury funds for a contribution to a political committee or
2.9political fund, an independent expenditure, or a campaign expenditure, must provide
2.10the following information:
2.11(1) the amount authorized for:
2.12(i) a contribution;
2.13(ii) an independent expenditure; or
2.14(iii) campaign expenditure;
2.15(2) the name and address of:
2.16(i) each authorized recipient of a contribution;
2.17(ii) each candidate to be affected by an authorized independent expenditure with an
2.18indication as to whether the independent expenditure is for or against the candidate; or
2.19(iii) a description of each ballot question to be affected by an authorized expenditure
2.20and an indication as to whether the ballot question expenditure is to promote or to defeat
2.21the ballot question.
2.22 Subd. 4. Certification. When an association disburses funds for a contribution,
2.23an independent expenditure, or a campaign expenditure authorized by the association's
2.24governing body, an officer of the association must provide a certificate to the treasurer of
2.25the political committee or political fund. The certificate must document, by resolution
2.26or other affirmative action, that the contribution, independent expenditure, or campaign
2.27expenditure was authorized by the association's governing body as required by this
2.28section. The certificate must be provided prior to the date that the recipient's next report
2.29of receipts and expenditures that includes the contribution, independent expenditure, or
2.30campaign expenditure is due. The certificate must be filed by the recipient with its next
2.31report of receipts and expenditures.
2.32 Sec. 3. [10A.152] PROHIBITION ON CONTRIBUTIONS BY FOREIGN
2.33NATIONALS.
3.1(a) A foreign national shall not make a contribution or offer or agree to make a
3.2contribution to a political committee, political fund, principal campaign committee, or
3.3party unit.
3.4(b) As used in this section, foreign national includes the following:
3.5(1) a person who is not a citizen of the United States and who is not lawfully
3.6admitted for permanent residence;
3.7(2) a foreign principal, including the government of a foreign country, a foreign
3.8political party, a foreign association, including a partnership, a corporation, an
3.9organization, or other combination of persons, that has its primary place of business in
3.10or is organized under the laws of a foreign country; and
3.11(3) any corporation in which:
3.12(i) a foreign national directly or indirectly owns ten percent or more of the voting
3.13shares;
3.14(ii) ten percent or more of the members of the board of directors are foreign nationals;
3.15(iii) one or more foreign nationals has the power to direct or influence the activities
3.16of the corporation with respect to its interests in the United States; or
3.17(iv) one or more foreign nationals has the power to direct or influence the activities
3.18of the corporation in connection with an election, including the making of a contribution,
3.19an independent expenditure, or a campaign expenditure.
3.20 Sec. 4. Minnesota Statutes 2010, section 10A.20, is amended by adding a subdivision
3.21to read:
3.22 Subd. 6c. Copy of certification. A political committee or political fund filing a
3.23report or statement disclosing a contribution under subdivision 3 must file, along with
3.24the report, a copy of the certificate required under section 10A.151, subdivision 4, if
3.25applicable.
1.3contributions to political committees or funds, independent expenditures, and
1.4campaign expenditures; prohibiting contributions by foreign nationals;amending
1.5Minnesota Statutes 2010, sections 10A.01, by adding a subdivision; 10A.20,
1.6by adding a subdivision; proposing coding for new law in Minnesota Statutes,
1.7chapter 10A.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 10A.01, is amended by adding a
1.10subdivision to read:
1.11 Subd. 17c. General treasury. "General treasury" means an account maintained by
1.12an association containing an accumulation of money that results from either:
1.13(1) revenues from the operation of a business; or
1.14(2) revenue from membership dues or fees, or from money received by the
1.15association. "General treasury funds" refers to money that is held in an association's
1.16general treasury. Money collected by an association to influence the nomination or election
1.17of a candidate or to promote or defeat a ballot question is not general treasury money.
1.18 Sec. 2. [10A.151] REQUIREMENTS FOR ASSOCIATION CONTRIBUTIONS;
1.19INDEPENDENT EXPENDITURES; AND EXPENDITURES.
1.20 Subdivision 1. Application. This section applies to any association governed by
1.21a body vested with the general management of the internal affairs of the association,
1.22regardless of how designated, other than a principal campaign committee, party unit, or
1.23political committee. A governing body includes, but is not limited to, a board of directors,
1.24executive council, or other similar organizational leadership body.
2.1 Subd. 2. Authorization. An association as described in subdivision 1 shall not,
2.2without the prior authorization of the majority of the association's governing body,
2.3disburse funds in excess of $1,000 from its general treasury to make:
2.4(1) a contribution to a political committee or political fund;
2.5(2) an independent expenditure; or
2.6(3) a campaign expenditure.
2.7 Subd. 3. Authorization requirements. An authorization required under subdivision
2.82 for the use of general treasury funds for a contribution to a political committee or
2.9political fund, an independent expenditure, or a campaign expenditure, must provide
2.10the following information:
2.11(1) the amount authorized for:
2.12(i) a contribution;
2.13(ii) an independent expenditure; or
2.14(iii) campaign expenditure;
2.15(2) the name and address of:
2.16(i) each authorized recipient of a contribution;
2.17(ii) each candidate to be affected by an authorized independent expenditure with an
2.18indication as to whether the independent expenditure is for or against the candidate; or
2.19(iii) a description of each ballot question to be affected by an authorized expenditure
2.20and an indication as to whether the ballot question expenditure is to promote or to defeat
2.21the ballot question.
2.22 Subd. 4. Certification. When an association disburses funds for a contribution,
2.23an independent expenditure, or a campaign expenditure authorized by the association's
2.24governing body, an officer of the association must provide a certificate to the treasurer of
2.25the political committee or political fund. The certificate must document, by resolution
2.26or other affirmative action, that the contribution, independent expenditure, or campaign
2.27expenditure was authorized by the association's governing body as required by this
2.28section. The certificate must be provided prior to the date that the recipient's next report
2.29of receipts and expenditures that includes the contribution, independent expenditure, or
2.30campaign expenditure is due. The certificate must be filed by the recipient with its next
2.31report of receipts and expenditures.
2.32 Sec. 3. [10A.152] PROHIBITION ON CONTRIBUTIONS BY FOREIGN
2.33NATIONALS.
3.1(a) A foreign national shall not make a contribution or offer or agree to make a
3.2contribution to a political committee, political fund, principal campaign committee, or
3.3party unit.
3.4(b) As used in this section, foreign national includes the following:
3.5(1) a person who is not a citizen of the United States and who is not lawfully
3.6admitted for permanent residence;
3.7(2) a foreign principal, including the government of a foreign country, a foreign
3.8political party, a foreign association, including a partnership, a corporation, an
3.9organization, or other combination of persons, that has its primary place of business in
3.10or is organized under the laws of a foreign country; and
3.11(3) any corporation in which:
3.12(i) a foreign national directly or indirectly owns ten percent or more of the voting
3.13shares;
3.14(ii) ten percent or more of the members of the board of directors are foreign nationals;
3.15(iii) one or more foreign nationals has the power to direct or influence the activities
3.16of the corporation with respect to its interests in the United States; or
3.17(iv) one or more foreign nationals has the power to direct or influence the activities
3.18of the corporation in connection with an election, including the making of a contribution,
3.19an independent expenditure, or a campaign expenditure.
3.20 Sec. 4. Minnesota Statutes 2010, section 10A.20, is amended by adding a subdivision
3.21to read:
3.22 Subd. 6c. Copy of certification. A political committee or political fund filing a
3.23report or statement disclosing a contribution under subdivision 3 must file, along with
3.24the report, a copy of the certificate required under section 10A.151, subdivision 4, if
3.25applicable.
