1.1.................... moves to amend H.F. No. 1206 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 10A.01, subdivision 18, is amended to
1.4read:
1.5    Subd. 18. Independent expenditure. "Independent expenditure" means an
1.6expenditure expressly advocating the election or defeat of a clearly identified candidate,
1.7if the expenditure is made without the express or implied consent, authorization, or
1.8cooperation of, and not in concert with or at the request or suggestion of, any candidate or
1.9any candidate's principal campaign committee or agent. An independent expenditure is
1.10not a contribution to that candidate. An expenditure by a political party or political party
1.11unit in a race where the political party has a candidate on the ballot is not an independent
1.12expenditure.

1.13    Sec. 2. Minnesota Statutes 2008, section 10A.01, subdivision 26, is amended to read:
1.14    Subd. 26. Noncampaign disbursement. "Noncampaign disbursement" means
1.15a purchase or payment of money or anything of value made, or an advance of credit
1.16incurred, or a donation in kind received, by a principal campaign committee for any of
1.17the following purposes:
1.18    (1) payment for accounting and legal services;
1.19    (2) return of a contribution to the source;
1.20    (3) repayment of a loan made to the principal campaign committee by that
1.21committee;
1.22    (4) return of a public subsidy;
1.23    (5) payment for food, beverages, and necessary utensils and supplies, entertainment,
1.24and facility rental for a fund-raising event;
1.25    (6) services for a constituent by a member of the legislature or a constitutional officer
1.26in the executive branch, including the costs of preparing and distributing a suggestion or
2.1idea solicitation to constituents, performed from the beginning of the term of office to
2.2adjournment sine die of the legislature in the election year for the office held, and half
2.3the cost of services for a constituent by a member of the legislature or a constitutional
2.4officer in the executive branch performed from adjournment sine die to 60 days after
2.5adjournment sine die;
2.6    (7) payment for food and beverages consumed by a candidate or volunteers while
2.7they are engaged in campaign activities;
2.8    (8) payment for food or a beverage consumed while attending a reception or meeting
2.9directly related to legislative duties;
2.10    (9) payment of expenses incurred by elected or appointed leaders of a legislative
2.11caucus in carrying out their leadership responsibilities;
2.12    (10) payment by a principal campaign committee of the candidate's expenses for
2.13serving in public office, other than for personal uses;
2.14    (11) costs of child care for the candidate's children when campaigning;
2.15    (12) fees paid to attend a campaign school;
2.16    (13) costs of a postelection party during the election year when a candidate's name
2.17will no longer appear on a ballot or the general election is concluded, whichever occurs
2.18first;
2.19    (14) interest on loans paid by a principal campaign committee on outstanding loans;
2.20    (15) filing fees;
2.21    (16) post-general election thank-you notes or advertisements in the news media;
2.22    (17) the cost of campaign material purchased to replace defective campaign material,
2.23if the defective material is destroyed without being used;
2.24    (18) contributions to a party unit;
2.25    (19) payments for funeral gifts or memorials;
2.26    (20) the cost of a magnet less than six inches in diameter containing legislator
2.27contact information and distributed to constituents;
2.28    (21) costs associated with a candidate attending a political party state or national
2.29convention in this state; and
2.30    (22) other purchases or payments specified in board rules or advisory opinions as
2.31being for any purpose other than to influence the nomination or election of a candidate
2.32or to promote or defeat a ballot question.
2.33    The board must determine whether an activity involves a noncampaign disbursement
2.34within the meaning of this subdivision.
3.1    A noncampaign disbursement is considered to be made in the year in which the
3.2candidate made the purchase of goods or services or incurred an obligation to pay for
3.3goods or services.

3.4    Sec. 3. Minnesota Statutes 2008, section 10A.04, subdivision 5, is amended to read:
3.5    Subd. 5. Late filing. The board must send a notice by certified mail to any lobbyist
3.6or principal who fails after seven days after a filing date imposed by this section to file a
3.7report or statement or to pay a fee required by this section. If a lobbyist or principal fails to
3.8file a report or pay a fee required by this section within ten business days after the notice
3.9was sent report was due, the board may impose a late filing fee of $5 per day, not to exceed
3.10$100, commencing with the 11th day after the notice was sent report was due. The board
3.11must send an additional notice by certified mail to any lobbyist or principal who fails to file
3.12a report or pay a fee within 14 days after the first notice was sent by the board ten business
3.13days after the report was due that the lobbyist or principal may be subject to a civil penalty
3.14for failure to file the report or pay the fee. A lobbyist or principal who fails to file a report
3.15or statement or pay a fee within seven days after the second certified mail notice was sent
3.16by the board is subject to a civil penalty imposed by the board of up to $1,000.

3.17    Sec. 4. Minnesota Statutes 2008, section 10A.071, subdivision 3, is amended to read:
3.18    Subd. 3. Exceptions. (a) The prohibitions in this section do not apply if the gift is:
3.19    (1) a contribution as defined in section 10A.01, subdivision 11;
3.20    (2) services to assist an official in the performance of official duties, including
3.21but not limited to providing advice, consultation, information, and communication in
3.22connection with legislation, and services to constituents;
3.23    (3) services of insignificant monetary value;
3.24    (4) a plaque with a resale value of $5 or less;
3.25    (5) a trinket or memento costing $5 or less;
3.26    (6) informational material of unexceptional value with a resale value of $5 or less; or
3.27    (7) food or a beverage given at a reception, meal, or meeting away from the
3.28recipient's place of work by an organization before whom the recipient appears to make a
3.29speech or answer questions as part of a program.
3.30    (b) The prohibitions in this section do not apply if the gift is given:
3.31    (1) because of the recipient's membership in a group, a majority of whose members
3.32are not officials, and an equivalent gift is given to the other members of the group; or
3.33    (2) by a lobbyist or principal who is a member of the family of the recipient, unless
3.34the gift is given on behalf of someone who is not a member of that family.

4.1    Sec. 5. Minnesota Statutes 2008, section 10A.08, is amended to read:
4.210A.08 REPRESENTATION DISCLOSURE.
4.3A public official who represents a client for a fee before an individual, board,
4.4commission, or agency that has rulemaking authority in a hearing conducted under chapter
4.514, must disclose the official's participation in the action to the board within 14 days after
4.6the appearance. The board must send a notice by certified mail to any public official
4.7who fails to disclose the participation within 14 days after the appearance. If the public
4.8official fails to disclose the participation within ten business days after the notice was sent
4.9disclosure required by this section was due, the board may impose a late filing fee of $5
4.10per day, not to exceed $100, starting on the 11th day after the notice was sent disclosure
4.11was due. The board must send an additional notice by certified mail to a public official
4.12who fails to disclose the participation within 14 ten days after the first notice was sent by
4.13the board disclosure was due that the public official may be subject to a civil penalty for
4.14failure to disclose the participation. A public official who fails to disclose the participation
4.15within seven days after the second certified mail notice was sent by the board is subject
4.16to a civil penalty imposed by the board of up to $1,000.

4.17    Sec. 6. Minnesota Statutes 2008, section 10A.09, subdivision 7, is amended to read:
4.18    Subd. 7. Late filing. The board must send a notice by certified mail to any
4.19individual who fails within the prescribed time to file a statement of economic interest
4.20required by this section. If an individual fails to file a statement of economic interest
4.21required by this section within ten business days after the notice was sent, the board may
4.22impose a late filing fee of $5 per day, not to exceed $100, commencing on the 11th day
4.23after the notice was sent statement was due. The board must send an additional notice by
4.24certified mail to any individual who fails to file a statement within 14 ten days after the
4.25first notice was sent by the board statement was due that the individual may be subject to
4.26a civil penalty for failure to file a statement. An individual who fails to file a statement
4.27within seven days after the second certified mail notice was sent by the board is subject to
4.28a civil penalty imposed by the board up to $1,000.

4.29    Sec. 7. Minnesota Statutes 2008, section 10A.14, subdivision 2, is amended to read:
4.30    Subd. 2. Form. The statement of organization must include:
4.31(1) the name and address of the committee, fund, or party unit;
4.32(2) the name and, address, and e-mail address of the chair of a political committee,
4.33principal campaign committee, or party unit;
4.34(3) the name and address of any supporting association of a political fund;
5.1(4) the name and, address, and e-mail address of the treasurer and any deputy
5.2treasurers;
5.3(5) the name, address, and e-mail address of the candidate of a principal campaign
5.4committee;
5.5(6) a listing of all depositories or safety deposit boxes used; and
5.6(6) (7) for the state committee of a political party only, a list of its party units.

5.7    Sec. 8. Minnesota Statutes 2008, section 10A.14, subdivision 4, is amended to read:
5.8    Subd. 4. Failure to file; penalty. The board must send a notice by certified mail to
5.9any individual who fails to file a statement required by this section. If the individual fails
5.10to file a statement required by this section within ten business days after the notice was
5.11sent statement was due, the board may impose a late filing fee of $5 per day, not to exceed
5.12$100, commencing with the 11th day after the notice was sent statement was due.
5.13The board must send an additional notice by certified mail to any individual who
5.14fails to file a statement within 14 ten days after the first notice was sent by the board
5.15statement was due that the individual may be subject to a civil penalty for failure to file
5.16the report statement. An individual who fails to file the statement within seven days
5.17after the second certified mail notice was sent by the board is subject to a civil penalty
5.18imposed by the board of up to $1,000.

5.19    Sec. 9. Minnesota Statutes 2008, section 10A.14, is amended by adding a subdivision
5.20to read:
5.21    Subd. 5. Exemptions. For good cause shown, the board must grant exemptions to
5.22the requirement that e-mail addresses be provided.

5.23    Sec. 10. Minnesota Statutes 2008, section 10A.20, subdivision 1, is amended to read:
5.24    Subdivision 1. First filing; duration. The treasurer of a political committee,
5.25political fund, principal campaign committee, or party unit must begin to file the reports
5.26required by this section in the first year it receives contributions or makes expenditures
5.27in excess of $100 and must continue to file until the committee, fund, or party unit is
5.28terminated. The reports must be filed electronically in a standards-based open format
5.29specified by the board. For good cause shown, the board must grant exemptions to the
5.30requirement that reports be filed electronically.
5.31EFFECTIVE DATE.This section is effective January 1, 2012, and applies to
5.32reports for election years on or after that date.

6.1    Sec. 11. Minnesota Statutes 2008, section 10A.20, is amended by adding a subdivision
6.2to read:
6.3    Subd. 1b. Release of reports. Except as provided in subdivision 1c, a report filed
6.4under this section is nonpublic data until 8:00 a.m. on the day following the day the
6.5report was due.

6.6    Sec. 12. Minnesota Statutes 2008, section 10A.20, is amended by adding a subdivision
6.7to read:
6.8    Subd. 1c. Reports of certain political party units. (a) This subdivision applies to
6.9the following party units:
6.10(1) the two state party units of major political parties that received the highest level
6.11of contributions in the last election year;
6.12(2) the two party units established by members of a major party in the house of
6.13representatives that received the highest level of contributions in the last election year; and
6.14(3) the two party units established by members of a major party in the senate that
6.15received the highest level of contributions in the last election year.
6.16(b) A report filed under this section by a member of one of the party units listed in
6.17paragraph (a) is nonpublic data until the reports of each of the party units in that group
6.18have been filed.
6.19(c) A report filed electronically under this section by a member of one of the party
6.20units listed in paragraph (a) is nonpublic data unless the reports of each of the party
6.21units in that group are filed electronically or until the board has created electronic data
6.22from the nonelectronic report so that data from each report are available in the same
6.23electronic form. The board may produce a viewable image of an electronic report after the
6.24requirements of paragraph (b) have been met.
6.25(d) A party unit may waive the restrictions on publication of data established in this
6.26section through a written statement signed by the treasurer.
6.27(e) Nothing in this subdivision prevents the board from publicly disclosing that an
6.28entity subject to this section has filed a report and the date the report was filed.
6.29(f) Each group listed in paragraph (a) is exempt from the electronic filing requirement
6.30unless both members of the group have approved the filing format specified by the board.

6.31    Sec. 13. Minnesota Statutes 2008, section 10A.20, subdivision 12, is amended to read:
6.32    Subd. 12. Failure to file; penalty. The board must send a notice by certified mail
6.33to any individual who fails to file a statement required by this section. If an individual
6.34fails to file a statement report required by this section that is due January 31 within ten
6.35business days after the notice was sent report was due, the board may impose a late filing
7.1fee of $5 per day, not to exceed $100, commencing with the 11th day after the notice
7.2was sent report was due.
7.3If an individual fails to file a statement report required by this section that is due
7.4before a primary or election within three days after the date due, regardless of whether the
7.5individual has received any notice, the board may impose a late filing fee of $50 per day,
7.6not to exceed $500, commencing on the fourth day after the date the statement was due.
7.7The board must send an additional notice by certified mail to an individual who fails
7.8to file a statement report within 14 days after the first notice was sent by the board report
7.9was due that the individual may be subject to a civil penalty for failure to file a statement
7.10the report. An individual who fails to file the statement report within seven days after the
7.11second certified mail notice was sent by the board is subject to a civil penalty imposed by
7.12the board of up to $1,000.

7.13    Sec. 14. Minnesota Statutes 2008, section 10A.27, subdivision 1, is amended to read:
7.14    Subdivision 1. Contribution limits. (a) Except as provided in subdivision 2,
7.15a candidate must not permit the candidate's principal campaign committee to accept
7.16aggregate contributions made or delivered by any individual, political committee, or
7.17political fund in excess of the following:
7.18(1) to candidates for governor and lieutenant governor running together, $2,000 in
7.19an election year for the office sought and $500 in other years;
7.20(2) to a candidate for attorney general, $1,000 in an election year for the office
7.21sought and $200 in other years;
7.22(3) to a candidate for the office of secretary of state or state auditor, $500 in an
7.23election year for the office sought and $100 in other years;
7.24(4) to a candidate for state senator, $500 in an election year for the office sought and
7.25$100 in other years; and
7.26(5) to a candidate for state representative, $500 in an election year for the office
7.27sought and $100 in the other year; and
7.28(6) to a candidate for judicial office, $2,000 in an election year for the office sought
7.29and $500 in other years.
7.30(b) The following deliveries are not subject to the bundling limitation in this
7.31subdivision:
7.32(1) delivery of contributions collected by a member of the candidate's principal
7.33campaign committee, such as a block worker or a volunteer who hosts a fund-raising
7.34event, to the committee's treasurer; and
7.35(2) a delivery made by an individual on behalf of the individual's spouse.
8.1(c) A lobbyist, political committee, political party unit, or political fund must not
8.2make a contribution a candidate is prohibited from accepting.

8.3    Sec. 15. Minnesota Statutes 2008, section 10A.31, subdivision 6, is amended to read:
8.4    Subd. 6. Distribution of party accounts. As soon as the board has obtained from
8.5the secretary of state the results of the primary election, but no later than one week after
8.6certification by the State Canvassing Board of the results of the primary, the board must
8.7distribute the available money in each party account, as certified by the commissioner of
8.8revenue on September 1, to the candidates of that party who have signed a spending
8.9limit agreement under section 10A.322 and filed the affidavit of contributions required
8.10by section 10A.323, who were opposed in either the primary election or the general
8.11election, and whose names are to appear on the ballot in the general election, according
8.12to the allocations set forth in subdivisions 5 and 5a. The public subsidy from the party
8.13account may not be paid in an amount greater than the expenditure limit of the candidate
8.14or the expenditure limit that would have applied to the candidate if the candidate had not
8.15been freed from expenditure limits under section 10A.25, subdivision 10. If a candidate
8.16files the affidavit required by section 10A.323 after September 1 of the general election
8.17year, the board must pay the candidate's allocation to the candidate at the next regular
8.18payment date for public subsidies for that election cycle that occurs at least 15 days after
8.19the candidate files the affidavit.

8.20    Sec. 16. Minnesota Statutes 2008, section 10A.31, is amended by adding a subdivision
8.21to read:
8.22    Subd. 7a. Withholding of public subsidy. If a candidate who is eligible for
8.23payment of public subsidy under this section has not filed the report of receipts and
8.24expenditures required under section 10A.20 before a primary election, any public subsidy
8.25for which that candidate is eligible must be withheld by the board until the candidate
8.26complies with the filing requirements of section 10A.20 and the board has sufficient time
8.27to review or audit the report. If a candidate who is eligible for public subsidy does not file
8.28the report due before the primary election under section 10A.20 by the date that the report
8.29of receipts and expenditures filed before the general election is due, that candidate shall
8.30not be paid public subsidy for that election.

8.31    Sec. 17. Minnesota Statutes 2008, section 10A.322, subdivision 1, is amended to read:
8.32    Subdivision 1. Agreement by candidate. (a) As a condition of receiving a public
8.33subsidy, a candidate must sign and file with the board a written agreement in which the
9.1candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision
9.210 ; 10A.31, subdivision 7, paragraph (c); 10A.324; and 10A.38.
9.3    (b) Before the first day of filing for office, the board must forward agreement forms to
9.4all filing officers. The board must also provide agreement forms to candidates on request at
9.5any time. The candidate must file the agreement with the board by September 1 preceding
9.6the candidate's general election or a special election held at the general election. An
9.7agreement may not be filed after that date. An agreement once filed may not be rescinded.
9.8    (c) The board must notify the commissioner of revenue of any agreement signed
9.9under this subdivision.
9.10    (d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means
9.11of a special election and the filing period does not coincide with the filing period for the
9.12general election, a candidate may sign and submit a spending limit agreement not later
9.13than the day after the candidate files the affidavit of candidacy or nominating petition for
9.14the office close of the filing period for the special election for which the candidate filed.

9.15    Sec. 18. Minnesota Statutes 2008, section 10A.323, is amended to read:
9.1610A.323 AFFIDAVIT OF CONTRIBUTIONS.
9.17    In addition to the requirements of section 10A.322, to be eligible to receive a public
9.18subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit
9.19with the board stating that during that calendar year the candidate has accumulated
9.20contributions from persons eligible to vote in this state in at least the amount indicated for
9.21the office sought, counting only the first $50 received from each contributor:
9.22    (1) candidates for governor and lieutenant governor running together, $35,000;
9.23    (2) candidates for attorney general, $15,000;
9.24    (3) candidates for secretary of state and state auditor, separately, $6,000;
9.25    (4) candidates for the senate, $3,000; and
9.26    (5) candidates for the house of representatives, $1,500.
9.27    The affidavit must state the total amount of contributions that have been received
9.28from persons eligible to vote in this state, disregarding the portion of any contribution in
9.29excess of $50.
9.30    The candidate or the candidate's treasurer must submit the affidavit required by this
9.31section to the board in writing by the cutoff date for reporting of receipts and expenditures
9.32before a primary under section 10A.20, subdivision 4.
9.33    A candidate for a vacancy to be filled at a special election for which the filing period
9.34does not coincide with the filing period for the general election must submit the affidavit
10.1required by this section to the board within five days after filing the affidavit of candidacy
10.2the close of the filing period for the special election for which the candidate filed.

10.3    Sec. 19. Minnesota Statutes 2008, section 10A.35, is amended to read:
10.410A.35 COMMERCIAL USE OF INFORMATION PROHIBITED.
10.5Information copied from reports and statements filed with the board, other than
10.6reports and statements filed by lobbyists and lobbyist principals, may not be sold or used
10.7by an individual or association for a commercial purpose. Purposes related to elections,
10.8political activities, or law enforcement are not commercial purposes. An individual or
10.9association who violates this section is subject to a civil penalty of up to $1,000. An
10.10individual who knowingly violates this section is guilty of a misdemeanor.

10.11    Sec. 20. Minnesota Statutes 2008, section 13.607, is amended by adding a subdivision
10.12to read:
10.13    Subd. 5a. Campaign reports. Certain reports filed with the Campaign Finance and
10.14Public Disclosure Board are classified under section 10A.20.

10.15    Sec. 21. CAMPAIGN FINANCE BOARD; FUNDING OPTION.
10.16The Campaign Finance Board shall analyze the potential use of funds collected
10.17under Minnesota Statutes, section 10A.31, as the exclusive source of funding for the
10.18operations of the board.
10.19The board must submit a report describing the board's findings and recommendations
10.20under this section to the chairs of the legislative committees with jurisdiction over
10.21elections finance no later than January 15, 2010.

10.22    Sec. 22. REPEALER.
10.23Minnesota Statutes 2008, section 10A.20, subdivision 6b, is repealed."