Bill Text: MN SF2443 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Campaign contributions disclosure from lobbyists, principals and political committees requirement
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-03-10 - Author added Sieben [SF2443 Detail]
Download: Minnesota-2013-SF2443-Introduced.html
1.2relating to campaign finance; requiring disclosure of campaign contributions
1.3from lobbyists, principals, and political committees in any amount;amending
1.4Minnesota Statutes 2012, section 10A.04, subdivisions 4, 6; Minnesota Statutes
1.52013 Supplement, section 10A.20, subdivisions 3, 5.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 10A.04, subdivision 4, is amended to read:
1.8 Subd. 4. Content. (a) A report under this section must include information the
1.9board requires from the registration form and the information required by this subdivision
1.10for the reporting period.
1.11(b) A lobbyist must report the lobbyist's total disbursements on lobbying, separately
1.12listing lobbying to influence legislative action, lobbying to influence administrative action,
1.13and lobbying to influence the official actions of a metropolitan governmental unit, and a
1.14breakdown of disbursements for each of those kinds of lobbying into categories specified
1.15by the board, including but not limited to the cost of publication and distribution of each
1.16publication used in lobbying; other printing; media, including the cost of production;
1.17postage; travel; fees, including allowances; entertainment; telephone and telegraph; and
1.18other expenses.
1.19(c) A lobbyist must report the amount and nature of each gift, item, or benefit,
1.20excluding contributions to a candidate, equal in value to $5 or more, given or paid to any
1.21official, as defined in section10A.071, subdivision 1 , by the lobbyist or an employer or
1.22employee of the lobbyist. The list must include the name and address of each official to
1.23whom the gift, item, or benefit was given or paid and the date it was given or paid.
1.24(d) A lobbyist must report each original source of money in excess of $500 in any
1.25year used for the purpose of lobbying to influence legislative action, administrative action,
2.1or the official action of a metropolitan governmental unit. The list must include the
2.2name, address, and employer, or, if self-employed, the occupation and principal place of
2.3business, of each payer of money in excess of $500.
2.4(e) On the report due June 15, the lobbyist must provide a general description of the
2.5subjects lobbied in the previous 12 months.
2.6(f) A lobbyist must report the amount of a contribution in any amount made to a
2.7candidate, principal campaign committee, or party unit. The list must include the name
2.8and address of each candidate, principal campaign committee, or party unit to whom the
2.9contribution was made.
2.10 Sec. 2. Minnesota Statutes 2012, section 10A.04, subdivision 6, is amended to read:
2.11 Subd. 6. Principal reports. (a) A principal must report to the board as required in
2.12this subdivision by March 15 for the preceding calendar year.
2.13(b) Except as provided in paragraph (d), the principal must report the total amount,
2.14rounded to the nearest $20,000, spent by the principal during the preceding calendar year
2.15to influence legislative action, administrative action, and the official action of metropolitan
2.16governmental units.
2.17(c) Except as provided in paragraph (d), the principal must report under this
2.18subdivision a total amount that includes:
2.19(1) all direct payments by the principal to lobbyists in this state;
2.20(2) all expenditures for advertising, mailing, research, analysis, compilation and
2.21dissemination of information, and public relations campaigns related to legislative action,
2.22administrative action, or the official action of metropolitan governmental units in this
2.23state; and
2.24(3) all salaries and administrative expenses attributable to activities of the principal
2.25relating to efforts to influence legislative action, administrative action, or the official
2.26action of metropolitan governmental units in this state.
2.27(d) A principal that must report spending to influence administrative action in cases
2.28of rate setting, power plant and powerline siting, and granting of certificates of need under
2.29section216B.243 must report those amounts as provided in this subdivision, except that
2.30they must be reported separately and not included in the totals required under paragraphs
2.31(b) and (c).
2.32(e) A principal must report the amount of a contribution in any amount made to a
2.33candidate, principal campaign committee, or party unit. The list must include the name
2.34and address of each candidate, principal campaign committee, or party unit to whom the
2.35contribution was made.
3.1 Sec. 3. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 3, is
3.2amended to read:
3.3 Subd. 3. Contents of report. (a) The report required by this section must include
3.4each of the items listed in paragraphs (b) to(o) (q) that are applicable to the filer. The
3.5board shall prescribe forms based on filer type indicating which of those items must
3.6be included on the filer's report.
3.7(b) The report must disclose the amount of liquid assets on hand at the beginning
3.8of the reporting period.
3.9(c) The report must disclose the name, address, and employer, or occupation if
3.10self-employed, of each individual or association that has made one or more contributions
3.11to the reporting entity, including the purchase of tickets for a fund-raising effort, that in
3.12aggregate within the year exceed $200 for legislative or statewide candidates or more than
3.13$500 for ballot questions, together with the amount and date of each contribution, and
3.14the aggregate amount of contributions within the year from each source so disclosed. A
3.15donation in kind must be disclosed at its fair market value. An approved expenditure must
3.16be listed as a donation in kind. A donation in kind is considered consumed in the reporting
3.17period in which it is received. The names of contributors must be listed in alphabetical
3.18order. Contributions from the same contributor must be listed under the same name. When
3.19a contribution received from a contributor in a reporting period is added to previously
3.20reported unitemized contributions from the same contributor and the aggregate exceeds
3.21the disclosure threshold of this paragraph, the name, address, and employer, or occupation
3.22if self-employed, of the contributor must then be listed on the report.
3.23(d) The report must disclose the sum of contributions to the reporting entity during
3.24the reporting period.
3.25(e) The report must disclose each loan made or received by the reporting entity
3.26within the year in aggregate in excess of $200, continuously reported until repaid or
3.27forgiven, together with the name, address, occupation, and principal place of business,
3.28if any, of the lender and any endorser and the date and amount of the loan. If a loan
3.29made to the principal campaign committee of a candidate is forgiven or is repaid by an
3.30entity other than that principal campaign committee, it must be reported as a contribution
3.31for the year in which the loan was made.
3.32(f) The report must disclose each receipt over $200 during the reporting period not
3.33otherwise listed under paragraphs (c) to (e).
3.34(g) The report must disclose the sum of all receipts of the reporting entity during
3.35the reporting period.
4.1(h) The report must disclose the name and address of each individual or association
4.2to whom aggregate expenditures, approved expenditures, independent expenditures, and
4.3ballot question expenditures have been made by or on behalf of the reporting entity
4.4within the year in excess of $200, together with the amount, date, and purpose of each
4.5expenditure and the name and address of, and office sought by, each candidate on whose
4.6behalf the expenditure was made, identification of the ballot question that the expenditure
4.7was intended to promote or defeat and an indication of whether the expenditure was to
4.8promote or to defeat the ballot question, and in the case of independent expenditures made
4.9in opposition to a candidate, the candidate's name, address, and office sought. A reporting
4.10entity making an expenditure on behalf of more than one candidate for state or legislative
4.11office must allocate the expenditure among the candidates on a reasonable cost basis and
4.12report the allocation for each candidate.
4.13(i) The report must disclose the sum of all expenditures made by or on behalf of the
4.14reporting entity during the reporting period.
4.15(j) The report must disclose the amount and nature of an advance of credit incurred
4.16by the reporting entity, continuously reported until paid or forgiven. If an advance of credit
4.17incurred by the principal campaign committee of a candidate is forgiven by the creditor or
4.18paid by an entity other than that principal campaign committee, it must be reported as a
4.19donation in kind for the year in which the advance of credit was made.
4.20(k) The report must disclose the name and address of each political committee,
4.21political fund, principal campaign committee, or party unit to which contributions have
4.22been made that aggregate in excess of $200 within the year and the amount and date of
4.23each contribution.
4.24(l) The report must disclose the sum of all contributions made by the reporting
4.25entity during the reporting period.
4.26(m) The report must disclose the name and address of each individual or association
4.27to whom noncampaign disbursements have been made that aggregate in excess of $200
4.28within the year by or on behalf of the reporting entity and the amount, date, and purpose of
4.29each noncampaign disbursement.
4.30(n) The report must disclose the sum of all noncampaign disbursements made within
4.31the year by or on behalf of the reporting entity.
4.32(o) The report must disclose the name and address of a nonprofit corporation that
4.33provides administrative assistance to a political committee or political fund as authorized
4.34by section211B.15, subdivision 17 , the type of administrative assistance provided, and the
4.35aggregate fair market value of each type of assistance provided to the political committee
4.36or political fund during the reporting period.
5.1(p) Notwithstanding any dollar limits in this subdivision, the report must individually
5.2list the amount of a contribution in any amount received from a lobbyist, principal,
5.3political committee, or political fund. The list must include the name and address of each
5.4lobbyist, principal, or political committee.
5.5(q) Notwithstanding any dollar limits in this subdivision, the report must individually
5.6list the amount of a contribution in any amount made by a political committee or a political
5.7fund. The list must include the name and address of the recipient of each contribution.
5.8 Sec. 4. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 5, is
5.9amended to read:
5.10 Subd. 5. Pre-election reports. (a) Any loan, contribution, or contributions:
5.11 (1) to a political committee or political fund from any one source totaling more
5.12than $1,000;
5.13 (2) to the principal campaign committee of a candidate for an appellate court judicial
5.14office totaling more than $2,000;
5.15 (3) to the principal campaign committee of a candidate for district court judge
5.16totaling more than $400;or
5.17 (4) to the principal campaign committee of a candidate for constitutional office or
5.18for the legislature totaling more than 50 percent of the election cycle contribution limit for
5.19the office; or
5.20 (5) received from a lobbyist, principal, or political committee in any amount,
5.21notwithstanding any dollar limit in this subdivision,
5.22received between the last day covered in the last report before an election and the election
5.23must be reported to the board in the manner provided in paragraph (b).
5.24(b) A loan, contribution, or contributions required to be reported to the board under
5.25paragraph (a) must be reported to the board either:
5.26 (1) in person by the end of the next business day after its receipt; or
5.27 (2) by electronic means sent within 24 hours after its receipt.
5.28 (c) These loans and contributions must also be reported in the next required report.
5.29 (d) This notice requirement does not apply in a primary election to a candidate who
5.30is unopposed in the primary, in a primary election to a ballot question political committee
5.31or fund, or in a general election to a candidate whose name is not on the general election
5.32ballot. The board must post the report on its Web site by the end of the next business day
5.33after it is received.
5.34 (e) This subdivision does not apply to a ballot question or independent expenditure
5.35political committee or fund that has not met the registration threshold of section10A.14 ,
6.1subdivision 1a. However, if a contribution that would be subject to this section triggers the
6.2registration requirement in section10A.14, subdivision 1a , then both registration under
6.3that section and reporting under this section are required.
1.3from lobbyists, principals, and political committees in any amount;amending
1.4Minnesota Statutes 2012, section 10A.04, subdivisions 4, 6; Minnesota Statutes
1.52013 Supplement, section 10A.20, subdivisions 3, 5.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 10A.04, subdivision 4, is amended to read:
1.8 Subd. 4. Content. (a) A report under this section must include information the
1.9board requires from the registration form and the information required by this subdivision
1.10for the reporting period.
1.11(b) A lobbyist must report the lobbyist's total disbursements on lobbying, separately
1.12listing lobbying to influence legislative action, lobbying to influence administrative action,
1.13and lobbying to influence the official actions of a metropolitan governmental unit, and a
1.14breakdown of disbursements for each of those kinds of lobbying into categories specified
1.15by the board, including but not limited to the cost of publication and distribution of each
1.16publication used in lobbying; other printing; media, including the cost of production;
1.17postage; travel; fees, including allowances; entertainment; telephone and telegraph; and
1.18other expenses.
1.19(c) A lobbyist must report the amount and nature of each gift, item, or benefit,
1.20excluding contributions to a candidate, equal in value to $5 or more, given or paid to any
1.21official, as defined in section
1.22employee of the lobbyist. The list must include the name and address of each official to
1.23whom the gift, item, or benefit was given or paid and the date it was given or paid.
1.24(d) A lobbyist must report each original source of money in excess of $500 in any
1.25year used for the purpose of lobbying to influence legislative action, administrative action,
2.1or the official action of a metropolitan governmental unit. The list must include the
2.2name, address, and employer, or, if self-employed, the occupation and principal place of
2.3business, of each payer of money in excess of $500.
2.4(e) On the report due June 15, the lobbyist must provide a general description of the
2.5subjects lobbied in the previous 12 months.
2.6(f) A lobbyist must report the amount of a contribution in any amount made to a
2.7candidate, principal campaign committee, or party unit. The list must include the name
2.8and address of each candidate, principal campaign committee, or party unit to whom the
2.9contribution was made.
2.10 Sec. 2. Minnesota Statutes 2012, section 10A.04, subdivision 6, is amended to read:
2.11 Subd. 6. Principal reports. (a) A principal must report to the board as required in
2.12this subdivision by March 15 for the preceding calendar year.
2.13(b) Except as provided in paragraph (d), the principal must report the total amount,
2.14rounded to the nearest $20,000, spent by the principal during the preceding calendar year
2.15to influence legislative action, administrative action, and the official action of metropolitan
2.16governmental units.
2.17(c) Except as provided in paragraph (d), the principal must report under this
2.18subdivision a total amount that includes:
2.19(1) all direct payments by the principal to lobbyists in this state;
2.20(2) all expenditures for advertising, mailing, research, analysis, compilation and
2.21dissemination of information, and public relations campaigns related to legislative action,
2.22administrative action, or the official action of metropolitan governmental units in this
2.23state; and
2.24(3) all salaries and administrative expenses attributable to activities of the principal
2.25relating to efforts to influence legislative action, administrative action, or the official
2.26action of metropolitan governmental units in this state.
2.27(d) A principal that must report spending to influence administrative action in cases
2.28of rate setting, power plant and powerline siting, and granting of certificates of need under
2.29section
2.30they must be reported separately and not included in the totals required under paragraphs
2.31(b) and (c).
2.32(e) A principal must report the amount of a contribution in any amount made to a
2.33candidate, principal campaign committee, or party unit. The list must include the name
2.34and address of each candidate, principal campaign committee, or party unit to whom the
2.35contribution was made.
3.1 Sec. 3. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 3, is
3.2amended to read:
3.3 Subd. 3. Contents of report. (a) The report required by this section must include
3.4each of the items listed in paragraphs (b) to
3.5board shall prescribe forms based on filer type indicating which of those items must
3.6be included on the filer's report.
3.7(b) The report must disclose the amount of liquid assets on hand at the beginning
3.8of the reporting period.
3.9(c) The report must disclose the name, address, and employer, or occupation if
3.10self-employed, of each individual or association that has made one or more contributions
3.11to the reporting entity, including the purchase of tickets for a fund-raising effort, that in
3.12aggregate within the year exceed $200 for legislative or statewide candidates or more than
3.13$500 for ballot questions, together with the amount and date of each contribution, and
3.14the aggregate amount of contributions within the year from each source so disclosed. A
3.15donation in kind must be disclosed at its fair market value. An approved expenditure must
3.16be listed as a donation in kind. A donation in kind is considered consumed in the reporting
3.17period in which it is received. The names of contributors must be listed in alphabetical
3.18order. Contributions from the same contributor must be listed under the same name. When
3.19a contribution received from a contributor in a reporting period is added to previously
3.20reported unitemized contributions from the same contributor and the aggregate exceeds
3.21the disclosure threshold of this paragraph, the name, address, and employer, or occupation
3.22if self-employed, of the contributor must then be listed on the report.
3.23(d) The report must disclose the sum of contributions to the reporting entity during
3.24the reporting period.
3.25(e) The report must disclose each loan made or received by the reporting entity
3.26within the year in aggregate in excess of $200, continuously reported until repaid or
3.27forgiven, together with the name, address, occupation, and principal place of business,
3.28if any, of the lender and any endorser and the date and amount of the loan. If a loan
3.29made to the principal campaign committee of a candidate is forgiven or is repaid by an
3.30entity other than that principal campaign committee, it must be reported as a contribution
3.31for the year in which the loan was made.
3.32(f) The report must disclose each receipt over $200 during the reporting period not
3.33otherwise listed under paragraphs (c) to (e).
3.34(g) The report must disclose the sum of all receipts of the reporting entity during
3.35the reporting period.
4.1(h) The report must disclose the name and address of each individual or association
4.2to whom aggregate expenditures, approved expenditures, independent expenditures, and
4.3ballot question expenditures have been made by or on behalf of the reporting entity
4.4within the year in excess of $200, together with the amount, date, and purpose of each
4.5expenditure and the name and address of, and office sought by, each candidate on whose
4.6behalf the expenditure was made, identification of the ballot question that the expenditure
4.7was intended to promote or defeat and an indication of whether the expenditure was to
4.8promote or to defeat the ballot question, and in the case of independent expenditures made
4.9in opposition to a candidate, the candidate's name, address, and office sought. A reporting
4.10entity making an expenditure on behalf of more than one candidate for state or legislative
4.11office must allocate the expenditure among the candidates on a reasonable cost basis and
4.12report the allocation for each candidate.
4.13(i) The report must disclose the sum of all expenditures made by or on behalf of the
4.14reporting entity during the reporting period.
4.15(j) The report must disclose the amount and nature of an advance of credit incurred
4.16by the reporting entity, continuously reported until paid or forgiven. If an advance of credit
4.17incurred by the principal campaign committee of a candidate is forgiven by the creditor or
4.18paid by an entity other than that principal campaign committee, it must be reported as a
4.19donation in kind for the year in which the advance of credit was made.
4.20(k) The report must disclose the name and address of each political committee,
4.21political fund, principal campaign committee, or party unit to which contributions have
4.22been made that aggregate in excess of $200 within the year and the amount and date of
4.23each contribution.
4.24(l) The report must disclose the sum of all contributions made by the reporting
4.25entity during the reporting period.
4.26(m) The report must disclose the name and address of each individual or association
4.27to whom noncampaign disbursements have been made that aggregate in excess of $200
4.28within the year by or on behalf of the reporting entity and the amount, date, and purpose of
4.29each noncampaign disbursement.
4.30(n) The report must disclose the sum of all noncampaign disbursements made within
4.31the year by or on behalf of the reporting entity.
4.32(o) The report must disclose the name and address of a nonprofit corporation that
4.33provides administrative assistance to a political committee or political fund as authorized
4.34by section
4.35aggregate fair market value of each type of assistance provided to the political committee
4.36or political fund during the reporting period.
5.1(p) Notwithstanding any dollar limits in this subdivision, the report must individually
5.2list the amount of a contribution in any amount received from a lobbyist, principal,
5.3political committee, or political fund. The list must include the name and address of each
5.4lobbyist, principal, or political committee.
5.5(q) Notwithstanding any dollar limits in this subdivision, the report must individually
5.6list the amount of a contribution in any amount made by a political committee or a political
5.7fund. The list must include the name and address of the recipient of each contribution.
5.8 Sec. 4. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 5, is
5.9amended to read:
5.10 Subd. 5. Pre-election reports. (a) Any loan, contribution, or contributions:
5.11 (1) to a political committee or political fund from any one source totaling more
5.12than $1,000;
5.13 (2) to the principal campaign committee of a candidate for an appellate court judicial
5.14office totaling more than $2,000;
5.15 (3) to the principal campaign committee of a candidate for district court judge
5.16totaling more than $400;
5.17 (4) to the principal campaign committee of a candidate for constitutional office or
5.18for the legislature totaling more than 50 percent of the election cycle contribution limit for
5.19the office; or
5.20 (5) received from a lobbyist, principal, or political committee in any amount,
5.21notwithstanding any dollar limit in this subdivision,
5.22received between the last day covered in the last report before an election and the election
5.23must be reported to the board in the manner provided in paragraph (b).
5.24(b) A loan, contribution, or contributions required to be reported to the board under
5.25paragraph (a) must be reported to the board either:
5.26 (1) in person by the end of the next business day after its receipt; or
5.27 (2) by electronic means sent within 24 hours after its receipt.
5.28 (c) These loans and contributions must also be reported in the next required report.
5.29 (d) This notice requirement does not apply in a primary election to a candidate who
5.30is unopposed in the primary, in a primary election to a ballot question political committee
5.31or fund, or in a general election to a candidate whose name is not on the general election
5.32ballot. The board must post the report on its Web site by the end of the next business day
5.33after it is received.
5.34 (e) This subdivision does not apply to a ballot question or independent expenditure
5.35political committee or fund that has not met the registration threshold of section
6.1subdivision 1a. However, if a contribution that would be subject to this section triggers the
6.2registration requirement in section
6.3that section and reporting under this section are required.
