STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

FINDINGS IN THE MATTER OF

A CONTRIBUTION ACCEPTED

DURING THE REGULAR 2004 LEGISLATIVE SESSION

BY THE FRIENDS OF MARC KIMBALL COMMITTEE

PROCEDURAL BACKGROUND

By letter received August 9, 2004, the Friends of Marc Kimball Committee notified the Campaign Finance and Public Disclosure Board ("the Board") that the Committee accepted a $25 contribution from a registered lobbyist, Stephanie L. Frost, during the regular session of the 2004 legislature.

Mr. Kimball provided the Board with a copy of the check and accompanying letter returning the contribution to Ms. Frost on July 30, 2004.

By letter received August 13, 2004, Stephanie L. Frost, a registered lobbyist, stated, "I did inadvertently make a contribution to the Marc Kimball campaign during the legislative session."

The contribution was made on February 14, 2004. The regular 2004 legislative session was held from February 2, 2004, to May 16, 2004.

This matter was considered by the Campaign Finance and Public Disclosure Board ("Board") in executive session on August 27, 2004.

Based on the record before it, the Board issues the following:

EVIDENTIARY FINDINGS

1. Friends for Marc Kimball, a registered principal campaign committee, accepted a $25 contribution from Stephanie L. Frost, a registered lobbyist, on February 14, 2004.

2. Minn. Stat. 10A.273, subd. 1, (a), prohibits a principal campaign committee from accepting a contribution from a lobbyist during a regular session of the legislature. The regular 2004 legislative Session was held from February 2, 2004, to May 16, 2004.

3. The Friends of Marc Kimball Committee returned the $25 contribution to Ms. Frost.

Based on the above Statement of the Evidence, the Board makes the following:

FINDING CONCERNING PROBABLE CAUSE

There is probable cause to believe that Friends of Marc Kimball Committee violated Minn. Stat. 10A.273, subd. 1, (a), by accepting a contribution from a lobbyist during the regular session of the legislature in 2004.

Based on the above Finding Concerning Probable Cause, the Board issues the following:

ORDER

1. In lieu of forwarding the above public finding of probable cause to the county attorney in Ramsey County to pursue a judgment in district court, the Board imposes a civil penalty of $25 on the Friends of Marc Kimball Committee for acceptance of a contribution during the regular 2004 legislative session.

2. The Friends of Marc Kimball Committee is directed to forward to the Board payment of the civil penalty, by check or money order payable to the STATE OF MINNESOTA, within thirty days after receipt of this order.

3. If the Friends of Marc Kimball Committee does not comply with the provisions of this order, the Board's Executive Director shall refer this matter to the Ramsey County Attorney for civil enforcement pursuant to Minn. Stat. 10A.273.

4. The Board investigation of this matter is entered into the public record in accordance with Minn. Stat. 10A.02, subd. 11, and upon payment by the Friends of Marc Kimball Committee of the civil penalty imposed herein, the matter is concluded.

Dated: August 27, 2004 __________________________________

Wil Fluegel, Chair

Campaign Finance and Public Disclosure Board