1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to elections; requiring the commissioner of revenue to establish an online |
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3 | 3 | | 1.3 system to claim the political contribution refund; modifying the political |
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4 | 4 | | 1.4 contribution refund program to allow for electronic information transfer between |
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5 | 5 | | 1.5 the Campaign Finance and Public Disclosure Board and the Department of |
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6 | 6 | | 1.6 Revenue; classifying data; appropriating money; amending Minnesota Statutes |
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7 | 7 | | 1.7 2024, sections 10A.02, subdivision 11b; 10A.322, subdivision 4; 290.06, |
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8 | 8 | | 1.8 subdivision 23. |
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9 | 9 | | 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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10 | 10 | | 1.10 Section 1. Minnesota Statutes 2024, section 10A.02, subdivision 11b, is amended to read: |
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11 | 11 | | 1.11 Subd. 11b.Data privacy related to electronic reporting system.(a) The board may |
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12 | 12 | | 1.12develop and maintain systems to enable treasurers to enter and store electronic records |
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13 | 13 | | 1.13online for the purpose of complying with this chapter. Data entered into such systems by |
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14 | 14 | | 1.14treasurers or their authorized agents is not government data under chapter 13 and may not |
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15 | 15 | | 1.15be accessed or used by the board for any purpose without the treasurer's written consent. |
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16 | 16 | | 1.16Data from such systems that has been submitted to the board as a filed report is government |
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17 | 17 | | 1.17data under chapter 13. |
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18 | 18 | | 1.18 (b) For purposes of administering the refund under section 290.06, subdivision 23, the |
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19 | 19 | | 1.19board may access or use the following data entered and stored in an electronic reporting |
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20 | 20 | | 1.20system and share the data with the commissioner of revenue: (1) the amount of the |
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21 | 21 | | 1.21contribution; (2) the name and address of the contributor; (3) any unique identifier for the |
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22 | 22 | | 1.22contribution; (4) the name and campaign identification number of the party or candidate |
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23 | 23 | | 1.23that received the contribution; and (5) the date on which the contribution was received. Data |
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24 | 24 | | 1.24accessed, used, or maintained by the board under this paragraph are classified as nonpublic |
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25 | 25 | | 1Section 1. |
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26 | 26 | | REVISOR EAP/BM 25-0071612/03/24 |
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27 | 27 | | State of Minnesota |
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28 | 28 | | This Document can be made available |
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29 | 29 | | in alternative formats upon request |
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30 | 30 | | HOUSE OF REPRESENTATIVES |
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31 | 31 | | H. F. No. 1168 |
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32 | 32 | | NINETY-FOURTH SESSION 2.1data, as defined in section 13.02, subdivision 9, and private data on individuals, as defined |
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33 | 33 | | 2.2in section 13.02, subdivision 12. |
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34 | 34 | | 2.3 EFFECTIVE DATE.This section is effective January 1, 2027. |
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35 | 35 | | 2.4 Sec. 2. Minnesota Statutes 2024, section 10A.322, subdivision 4, is amended to read: |
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36 | 36 | | 2.5 Subd. 4.Refund receipt forms receipts; penalty.(a) The board must make available |
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37 | 37 | | 2.6to a political party on request and to any candidate for whom an agreement under this section |
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38 | 38 | | 2.7is effective, a supply of official refund receipt forms receipts in an electronic format that |
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39 | 39 | | 2.8state in boldface type that: |
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40 | 40 | | 2.9 (1) a contributor who is given a receipt form is eligible to claim a refund as provided in |
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41 | 41 | | 2.10section 290.06, subdivision 23; and |
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42 | 42 | | 2.11 (2) if the contribution is to a candidate, that the candidate has signed an agreement to |
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43 | 43 | | 2.12limit campaign expenditures as provided in this section. |
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44 | 44 | | 2.13 The forms must provide duplicate copies of the receipt to be attached to the contributor's |
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45 | 45 | | 2.14claim. An official refund receipt must only be issued for a contribution of $10 or more. |
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46 | 46 | | 2.15Each receipt must be in an electronic format and include a unique receipt validation number |
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47 | 47 | | 2.16that allows the commissioner of revenue to verify the information on the receipt with the |
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48 | 48 | | 2.17Campaign Finance Board. A political party or candidate may provide a printed copy of the |
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49 | 49 | | 2.18electronic receipt to the contributor. |
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50 | 50 | | 2.19 (b) At least once a week, the board must provide the commissioner of revenue a receipt |
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51 | 51 | | 2.20validation report. For each contribution reported to the board during the week, the report |
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52 | 52 | | 2.21must include: |
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53 | 53 | | 2.22 (1) the date and amount of the contribution; |
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54 | 54 | | 2.23 (2) the name and address of the contributor; |
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55 | 55 | | 2.24 (3) the name and campaign identification number of the party or candidate that received |
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56 | 56 | | 2.25the contribution; and |
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57 | 57 | | 2.26 (4) the receipt validation number assigned to the contribution. |
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58 | 58 | | 2.27 (b) (c) The willful issuance of an official refund receipt form or a facsimile of one to |
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59 | 59 | | 2.28any of the candidate's contributors by a candidate or treasurer of a candidate who did not |
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60 | 60 | | 2.29sign an agreement under this section is subject to a civil penalty of up to $3,000 imposed |
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61 | 61 | | 2.30by the board. |
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62 | 62 | | 2Sec. 2. |
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63 | 63 | | REVISOR EAP/BM 25-0071612/03/24 3.1 (c) (d) The willful issuance of an official refund receipt form or a facsimile to an |
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64 | 64 | | 3.2individual not eligible to claim a refund under section 290.06, subdivision 23, is subject to |
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65 | 65 | | 3.3a civil penalty of up to $3,000 imposed by the board. |
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66 | 66 | | 3.4 (d) (e) A violation of paragraph (b) (c) or (c) (d) is a misdemeanor. |
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67 | 67 | | 3.5 (f) A receipt validation report and a receipt validation number prepared pursuant to this |
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68 | 68 | | 3.6section are classified as nonpublic data, as defined in section 13.02, subdivision 9, and |
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69 | 69 | | 3.7private data on individuals, as defined in section 13.02, subdivision 12. |
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70 | 70 | | 3.8 EFFECTIVE DATE.This section is effective for contributions made after December |
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71 | 71 | | 3.931, 2026. |
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72 | 72 | | 3.10 Sec. 3. Minnesota Statutes 2024, section 290.06, subdivision 23, is amended to read: |
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73 | 73 | | 3.11 Subd. 23.Refund of contributions to political parties and candidates.(a) A taxpayer |
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74 | 74 | | 3.12may claim a refund equal to the amount of the taxpayer's contributions made in the calendar |
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75 | 75 | | 3.13year to candidates and to a political party. The maximum total refund per calendar year for |
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76 | 76 | | 3.14an individual must not exceed $75 and for a married couple, filing jointly, must not exceed |
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77 | 77 | | 3.15$150. The commissioner must not issue a refund, whether in one payment or in aggregate, |
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78 | 78 | | 3.16to a taxpayer that exceeds the maximum refund amounts specified in this subdivision. A |
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79 | 79 | | 3.17refund of a contribution is allowed only if the taxpayer files: |
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80 | 80 | | 3.18 (1) a form required by the commissioner and attaches to the form a copy of an official |
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81 | 81 | | 3.19refund receipt form issued by the candidate or party and signed by the candidate, the treasurer |
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82 | 82 | | 3.20of the candidate's principal campaign committee, or the chair or treasurer of the party unit, |
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83 | 83 | | 3.21after the contribution was received. The receipt forms must be numbered, and the data on |
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84 | 84 | | 3.22the receipt that are not public must be made available to the campaign finance and public |
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85 | 85 | | 3.23disclosure board upon its request.; or |
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86 | 86 | | 3.24 (2) a claim using the electronic filing system authorized in paragraph (i). |
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87 | 87 | | 3.25The form or claim must include one or more unique receipt validation numbers from receipts |
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88 | 88 | | 3.26issued pursuant to section 10A.322, subdivision 4. |
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89 | 89 | | 3.27 (b) A claim must be filed with the commissioner no sooner than January 1 of the calendar |
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90 | 90 | | 3.28year in which the contribution was made and no later than April 15 of the calendar year |
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91 | 91 | | 3.29following the calendar year in which the contribution was made. A taxpayer may file only |
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92 | 92 | | 3.30one claim per calendar year. A claim must be for a minimum of $10. Amounts paid by the |
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93 | 93 | | 3.31commissioner after June 15 of the calendar year following the calendar year in which the |
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94 | 94 | | 3.32contribution was made must include interest at the rate specified in section 270C.405. |
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95 | 95 | | 3Sec. 3. |
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96 | 96 | | REVISOR EAP/BM 25-0071612/03/24 4.1 (b) (c) No refund is allowed under this subdivision for a contribution to a candidate |
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97 | 97 | | 4.2unless the candidate: |
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98 | 98 | | 4.3 (1) has signed an agreement to limit campaign expenditures as provided in section |
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99 | 99 | | 4.410A.322; |
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100 | 100 | | 4.5 (2) is seeking an office for which voluntary spending limits are specified in section |
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101 | 101 | | 4.610A.25; and |
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102 | 102 | | 4.7 (3) has designated a principal campaign committee. |
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103 | 103 | | 4.8 This subdivision does not limit the campaign expenditures of a candidate who does not |
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104 | 104 | | 4.9sign an agreement but accepts a contribution for which the contributor improperly claims |
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105 | 105 | | 4.10a refund. |
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106 | 106 | | 4.11 (c) (d) For purposes of this subdivision, "political party" means a major political party |
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107 | 107 | | 4.12as defined in section 200.02, subdivision 7, or a minor political party qualifying for inclusion |
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108 | 108 | | 4.13on the income tax or property tax refund form under section 10A.31, subdivision 3a. |
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109 | 109 | | 4.14 A "major party" or "minor party" includes the aggregate of that party's organization |
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110 | 110 | | 4.15within each house of the legislature, the state party organization, and the party organization |
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111 | 111 | | 4.16within congressional districts, counties, legislative districts, municipalities, and precincts. |
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112 | 112 | | 4.17 "Candidate" means a candidate as defined in section 10A.01, subdivision 10, except a |
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113 | 113 | | 4.18candidate for judicial office. |
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114 | 114 | | 4.19 "Contribution" means a gift of money. |
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115 | 115 | | 4.20 (d) (e) The commissioner shall make copies of the form available to the public and |
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116 | 116 | | 4.21candidates upon request. |
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117 | 117 | | 4.22 (e) (f) The following data collected or maintained by the commissioner under this |
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118 | 118 | | 4.23subdivision are private: the identities of individuals claiming a refund, the identities of |
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119 | 119 | | 4.24candidates to whom those individuals have made contributions, and the amount of each |
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120 | 120 | | 4.25contribution. |
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121 | 121 | | 4.26 (f) (g) The commissioner shall report to the campaign finance and public disclosure |
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122 | 122 | | 4.27board by each August 1 a summary showing the total number and aggregate amount of |
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123 | 123 | | 4.28political contribution refunds made on behalf of each candidate and each political party. |
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124 | 124 | | 4.29These data are public. |
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125 | 125 | | 4.30 (g) (h) The amount necessary to pay claims for the refund provided in this section is |
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126 | 126 | | 4.31appropriated from the general fund to the commissioner of revenue. |
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127 | 127 | | 4Sec. 3. |
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128 | 128 | | REVISOR EAP/BM 25-0071612/03/24 5.1 (h) For a taxpayer who files a claim for refund via the Internet or other electronic means, |
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129 | 129 | | 5.2the commissioner may accept the number on the official receipt as documentation that a |
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130 | 130 | | 5.3contribution was made rather than the actual receipt as required by paragraph (a). |
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131 | 131 | | 5.4 (i) The commissioner must establish an electronic filing system by which refunds are |
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132 | 132 | | 5.5claimed. |
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133 | 133 | | 5.6 EFFECTIVE DATE.This section is effective for contributions made after December |
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134 | 134 | | 5.731, 2026. |
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135 | 135 | | 5.8 Sec. 4. APPROPRIATION; POLITICAL CONTRIBUTION REFUND |
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136 | 136 | | 5.9ELECTRONIC FILING SYSTEM. |
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137 | 137 | | 5.10 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general |
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138 | 138 | | 5.11fund to the commissioner of revenue to establish and implement an electronic filing system |
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139 | 139 | | 5.12for political contribution refund claims. The base for this appropriation is $....... for fiscal |
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140 | 140 | | 5.13year 2028 and $....... for fiscal year 2029. |
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141 | 141 | | 5Sec. 4. |
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142 | 142 | | REVISOR EAP/BM 25-0071612/03/24 |
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