North Dakota Senate Bill 2299 was introduced on January 23, 2013, and ultimately unanimously approved with some amendment in both the Senate and the House. It was signed into law on April 29, 2013.
According to the National Conference of State Legislatures Senate Bill 2299 has the following provisions:
- Excludes independent expenditures from the definition of "contribution" and includes it in the definition of "expenditure." Repeals the term and definition "direct expenditure."
- Adds the following to the definition of "corporation" and "limited liability company" - However, if a political committee, the only purpose of which is accepting contributions and making expenditures for a political purpose, incorporates for liability purposes only, the committee is not considered a corporation for the purposes of this chapter.
- Creates the term "incidental committee" and defines it to mean a committee, club, association, or other group of persons that makes a contribution or expenditure, but for which making contributions and expenditures for political purposes is not its primary purpose.
- Creates the term "independent expenditure" and defines it to mean an expenditure made for a political purpose or for the purpose of influencing the passage or defeat of a measure if the expenditure is made without the express or implied consent, authorization, or cooperation of, and not in concert with or at the request or suggestion of, any candidate or a candidate committee or measure committee.
- Changes due date for candidate, ballot measure sponsor, and multicandidate committee pre-election statements from the 12th to the 32nd day before the election, and changes the end date for what information must be included from the 20th to the 40th day before the election.
- Changes the time period during which contributions in excess of five hundred dollars in the aggregate must be reported within 48 hours from the 20-day period before the election to the 39-day period before the election.
- Repeals and replaces (see below) the requirement that the sponsoring committee for an initiated measure petition must submit at the same time signed petitions are submitted a statement disclosing the total amount of contributions received to aid the committee in drafting and circulating the petition, the name and mailing address of each person that contributed more than one hundred dollars in the aggregate to the sponsoring committee, the date each such contribution was received, and the total amount of expenditures made by the committee to aid in the drafting and circulation of the petition.
- Requires corporations to file a statement of disclosure within 48 hours after making a contribution to a ballot measure committee or to a person or committee that makes independent expenditures.
- Requires any committee that organizes and registers according to federal law and that makes an independent expenditure in excess of $200 to file a copy of the relevant section of the committee's federal report with the secretary of state at the same time the federal report is filed.
- Establishes reporting requirements for an incidental committee or political committee not otherwise covered by another section of this chapter, requiring disclosure of contributions and independent expenditures within 48 hours and a pre-election report.
- Requires disclosure by initiative petition sponsoring committees:
- 1. At the time the sponsoring committee for an initiated petition requests approval of the secretary of state to circulate petitions for the purpose of placing a measure on the ballot, the committee also shall submit a statement disclosing the contributions received and the expenditures made for the purpose of drafting the petition.
- 2. At the time the sponsoring committee for an initiated petition submits signed petitions to the secretary of state, the committee also shall submit a statement disclosing the contributions received and expenditures made for the purpose of circulating the petition.
- 3. If December thirty-first falls between the date the secretary of state approves the petition for circulation and the date the signed petitions are submitted to the secretary of state, a complete statement for the calendar year shall be filed no later than the thirty-first day of January of the following year.
- 4. The sponsoring committee also shall file a complete statement for the calendar year in which the measure appeared or was to appear on the ballot. This statement shall be filed no later than the thirty-first day of January of the following year.
- 5. A sponsoring committee may not accept a contribution of more than one hundred dollars from an out-of-state person or political committee unless the contribution is accompanied by a statement from the contributor listing the name, address, and amount contributed by each person that contributed more than one hundred dollars of the contribution. The statement must indicate if no person contributed in excess of one hundred dollars of the out-of-state person's or political committee's overall contribution. The statement must also list the occupation, employer, and principal place of business for each individual who contributed more than one hundred dollars of the contribution.
- 6. The statements required of this section shall include:
- a. The gross total of all contributions received and expenditures made in excess of one hundred dollars;
- b. The gross total of all contributions received and expenditures made of one hundred dollars or less;
- c. The cash on hand in the filer's account at the start and close of the reporting period;
- d. The name and mailing address of each person that contributed in excess of one hundred dollars to the sponsoring committee;
- e. The amount of each reportable contribution;
- f. The date each reportable contribution was received;
- g. The name and mailing address of each recipient of an expenditure exceeding one hundred dollars in the aggregate;
- h. The amount of each reportable expenditure; and
- i. The date the expenditure was made.
- Changes the fine payable for violations of the chapter from five to two hundred percent of the contributions or expenditures found to be in violation.
- Permits electronic filing of campaign statements, and requires that any statement filed electronically be made publicly available on the internet without charge within 24 hours.
- Changes penalty for general violations of the chapter from an infraction to a Class A misdemeanor.
Six legislators sponsored SB 2299, three representatives and the senators. One sponsoring senator was a Democrat and the other sponsors were Republicans.
The Senators that sponsored SB 2299 were:
The representatives that sponsored SB 2299 were:
Sections of code affected
SB 2299 was "AN ACT to create and enact section 16.1‑08.1‑03.13 of the North Dakota Century Code, relating to campaign contribution statements required of initiated petition sponsoring committees; to amend and reenact section 16.1‑08.1‑01, subsection 3 of section 16.1‑08.1‑02, subsection 2 of section 16.1‑08.1‑03, sections 16.1‑08.1‑03.1, 16.1‑08.1‑03.2, 16.1‑08.1‑03.3, 16.1‑08.1‑03.5, and 16.1‑08.1‑03.7, subsection 3 of section 16.1‑08.1‑03.8, subsection 2 of section 16.1‑08.1‑03.9, subsection 2 of section 16.1‑08.1‑03.10, subsection 2 of section 16.1‑08.1‑03.11, and sections 16.1‑08.1‑03.12, 16.1‑08.1‑04, 16.1‑08.1‑05, 16.1‑08.1‑06, 16.1‑08.1‑06.1, and 16.1‑08.1‑07 of the North Dakota Century Code, relating to campaign finance; to provide a penalty; and to provide an effective date."