HF 620

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to metropolitan government; providing for an 
  1.3             elected metropolitan council; regulating economic 
  1.4             interest statements of candidates and members; 
  1.5             regulating contributions to candidates; requiring a 
  1.6             study; appropriating money; amending Minnesota 
  1.7             Statutes 1998, sections 10A.01, subdivision 5; 10A.09, 
  1.8             subdivision 6a; 10A.25, subdivision 2; 10A.27, 
  1.9             subdivision 1; 10A.315; 10A.322, subdivision 1; 
  1.10            10A.323; 10A.324, subdivision 1; 15.0597, subdivision 
  1.11            1; 204B.06, subdivision 4; 204B.09, subdivisions 1 and 
  1.12            1a; 204B.11; 204B.135, subdivision 2; 204B.32, 
  1.13            subdivision 2; 204D.02, subdivision 1; 204D.08, 
  1.14            subdivision 6; 204D.27, by adding a subdivision; 
  1.15            209.02, subdivision 1; 211A.01, subdivision 3; 
  1.16            211B.01, subdivision 3; 353D.01, subdivision 2; 
  1.17            375.09; and 473.123, subdivisions 1, 4, 7, and by 
  1.18            adding a subdivision; proposing coding for new law in 
  1.19            Minnesota Statutes, chapters 10A; 204D; and 473; 
  1.20            repealing Minnesota Statutes 1998, section 473.123, 
  1.21            subdivisions 2a, 3, 3a, and 3c; Laws 1994, chapter 
  1.22            628, article 1, section 8.  
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  Minnesota Statutes 1998, section 10A.01, 
  1.25  subdivision 5, is amended to read: 
  1.26     Subd. 5.  [CANDIDATE.] "Candidate" means an individual who 
  1.27  seeks nomination or election to any statewide or legislative 
  1.28  office for which reporting is not required under federal laws.  
  1.29  The term candidate shall also include an individual who seeks 
  1.30  nomination or election to supreme court, court of appeals, or 
  1.31  district court judgeships of the state.  "Candidate" also means 
  1.32  an individual who seeks nomination or election to the 
  1.33  metropolitan council.  An individual shall be deemed to seek 
  1.34  nomination or election if the individual has taken the action 
  2.1   necessary under the law of the state of Minnesota to qualify for 
  2.2   nomination or election, has received contributions or made 
  2.4   expenditures in excess of $100, or has given implicit or 
  2.5   explicit consent for any other person to receive contributions 
  2.6   or make expenditures in excess of $100, for the purpose of 
  2.7   bringing about the individual's nomination or election.  A 
  2.8   candidate remains a candidate until the candidate's principal 
  2.9   campaign committee is dissolved as provided in section 10A.24. 
  2.10     Sec. 2.  Minnesota Statutes 1998, section 10A.09, 
  2.11  subdivision 6a, is amended to read: 
  2.12     Subd. 6a.  [LOCAL OFFICIALS.] A local official required to 
  2.13  file a statement under this section shall file it with the 
  2.14  governing body of the official's political subdivision, except 
  2.15  that a candidate for or member of the metropolitan council shall 
  2.16  file the statement with the board.  The governing body shall 
  2.17  maintain statements filed with it under this subdivision as 
  2.18  public data. 
  2.19     Sec. 3.  Minnesota Statutes 1998, section 10A.25, 
  2.20  subdivision 2, is amended to read: 
  2.21     Subd. 2.  [MAXIMUM EXPENDITURES.] (a) In a year in which an 
  2.22  election is held for an office sought by a candidate, no 
  2.23  expenditures shall be made by the principal campaign committee 
  2.24  of that candidate, nor any approved expenditures made on behalf 
  2.25  of that candidate which expenditures and approved expenditures 
  2.26  result in an aggregate amount in excess of the following: 
  2.27     (1) for governor and lieutenant governor, running together, 
  2.28  $1,626,691; 
  2.29     (2) for attorney general, $271,116; 
  2.30     (3) for secretary of state, state treasurer, and state 
  2.31  auditor, separately, $135,559; 
  2.32     (4) for state senator, $40,669; 
  2.33     (5) for state representative, $20,335; and 
  2.34     (6) for metropolitan council member, $47,000. 
  2.35     (b) If a special election cycle occurs during a general 
  2.36  election cycle, expenditures by or on behalf of a candidate in 
  2.37  the special election do not count as expenditures by or on 
  3.1   behalf of the candidate in the general election. 
  3.2      (c) The expenditure limits in this subdivision for an 
  3.3   office are increased by ten percent for a candidate who is 
  3.4   running for that office for the first time and who has not run 
  3.5   previously for any other office whose territory now includes a 
  3.6   population that is more than one-third of the population in the 
  3.7   territory of the new office. 
  3.8      Sec. 4.  Minnesota Statutes 1998, section 10A.27, 
  3.9   subdivision 1, is amended to read: 
  3.10     Subdivision 1.  [CONTRIBUTION LIMITS.] Except as provided 
  3.11  in subdivision 2, no candidate shall permit the candidate's 
  3.12  principal campaign committee to accept aggregate contributions 
  3.13  made or delivered by any individual, political committee, or 
  3.14  political fund in excess of the following: 
  3.15     (a) to candidates for governor and lieutenant governor 
  3.16  running together, $2,000 in an election year for the office 
  3.17  sought and $500 in other years; 
  3.18     (b) to a candidate for attorney general, $1,000 in an 
  3.19  election year for the office sought and $200 in other years; 
  3.20     (c) to a candidate for the office of secretary of state, 
  3.21  state treasurer or state auditor, $500 in an election year for 
  3.22  the office sought and $100 in other years; 
  3.23     (d) to a candidate for state senator, $500 in an election 
  3.24  year for the office sought and $100 in other years; and 
  3.25     (e) to a candidate for state representative or metropolitan 
  3.26  council member, $500 in an election year for the office sought 
  3.27  and $100 in the other a nonelection year. 
  3.28     The following deliveries are not subject to the bundling 
  3.29  limitation in this subdivision: 
  3.30     (1) delivery of contributions collected by a member of the 
  3.31  candidate's principal campaign committee, such as a block worker 
  3.32  or a volunteer who hosts a fund raising event, to the 
  3.33  committee's treasurer; and 
  3.34     (2) a delivery made by an individual on behalf of the 
  3.35  individual's spouse.  
  3.36     Sec. 5.  [10A.313] [METROPOLITAN COUNCIL PUBLIC SUBSIDY.] 
  4.1      Subdivision 1.  [FUNDING.] The metropolitan council shall 
  4.2   provide sufficient money to pay the public subsidy provided for 
  4.3   in this section.  
  4.4      Subd. 2.  [ELIGIBILITY.] A candidate is eligible to receive 
  4.5   a public subsidy in the amount of $20,000 if the candidate has 
  4.6   filed with the board a spending limit agreement under section 
  4.7   10A.322 and an affidavit of contributions under section 10A.323; 
  4.8   the candidate was opposed in the primary election or will be 
  4.9   opposed in the general election; and the candidate's name will 
  4.10  appear on the ballot in the general election. 
  4.11     Subd. 3.  [CERTIFICATION.] Within one week after the last 
  4.12  day for filing a spending limit agreement under section 10A.322 
  4.13  and an affidavit of contributions under section 10A.323, the 
  4.14  board shall certify to the metropolitan council the maximum 
  4.15  number of candidates who would be eligible to receive the public 
  4.16  subsidy if they were to survive the primary election.  Within 
  4.17  one week after receiving the certification, the metropolitan 
  4.18  council shall pay to the board the amount necessary to fund the 
  4.19  public subsidy for that number of candidates.  The amount 
  4.20  received must be deposited in the state treasury and credited to 
  4.21  a metropolitan council public subsidy account in the special 
  4.22  revenue fund.  Money in the fund is appropriated to the board 
  4.23  for purposes of the public subsidy program. 
  4.24     Subd. 4.  [PAYMENT.] The board shall pay the public subsidy 
  4.25  to the eligible candidates as soon as the board has obtained 
  4.26  from the secretary of state the results of the primary election, 
  4.27  but not later than one week after certification by the state 
  4.28  canvassing board of the results of the primary.  Any amounts not 
  4.29  paid to candidates, or returned by them to the board, must be 
  4.30  returned by the board to the metropolitan council. 
  4.31     Sec. 6.  Minnesota Statutes 1998, section 10A.315, is 
  4.32  amended to read: 
  4.33     10A.315 [SPECIAL ELECTION SUBSIDY.] 
  4.34     Subdivision 1.  [LEGISLATIVE OFFICE.] (a) Each eligible 
  4.35  candidate for a legislative office in a special election must be 
  4.36  paid a public subsidy equal to the sum of: 
  5.1      (1) the party account money at the last general election 
  5.2   for the candidate's party for the office the candidate is 
  5.3   seeking; and 
  5.4      (2) the general account money paid to candidates for the 
  5.5   same office at the last general election.  
  5.6      (b) If the filing period for the special election coincides 
  5.7   with the filing period for the general election, the candidate 
  5.8   must meet the matching requirements of section 10A.323 and the 
  5.9   special election subsidy must be distributed in the same manner 
  5.10  as money is distributed to legislative candidates in a general 
  5.11  election. 
  5.12     (c) If the filing period for the special election does not 
  5.13  coincide with the filing period for the general election, the 
  5.14  procedures in this paragraph apply.  A candidate who wishes to 
  5.15  receive this public subsidy must submit a signed agreement under 
  5.16  section 10A.322 to the board not later than the day after the 
  5.17  candidate files the affidavit of candidacy or nominating 
  5.18  petition for the office.  The candidate must meet the matching 
  5.19  requirements of section 10A.323.  The special election subsidy 
  5.20  must be distributed in the same manner as money in the party and 
  5.21  general accounts is distributed to legislative candidates in a 
  5.22  general election. 
  5.23     (d) The amount necessary to make the payments required by 
  5.24  this subdivision is appropriated from the general fund to the 
  5.25  state treasurer. 
  5.26     Subd. 2.  [METROPOLITAN COUNCIL OFFICE.] Each eligible 
  5.27  candidate for metropolitan council office in a special election 
  5.28  must be paid a public subsidy equal to the subsidy paid in a 
  5.29  general election.  To be eligible to receive this public 
  5.30  subsidy, a candidate must file a spending limit agreement under 
  5.31  section 10A.322 and meet the contribution requirements of 
  5.32  section 10A.323, except that the candidate may count 
  5.33  contributions received during the two months immediately 
  5.34  preceding the special election, other than contributions the 
  5.35  candidate has previously included on an affidavit for another 
  5.36  election, and the amount required is one-quarter of the amount 
  6.1   stated in section 10A.323.  The candidate must be opposed in 
  6.2   either the primary or the general election.  The special 
  6.3   election subsidy must be distributed in the same manner as the 
  6.4   public subsidy in a general election. 
  6.5      Sec. 7.  Minnesota Statutes 1998, section 10A.322, 
  6.6   subdivision 1, is amended to read: 
  6.7      Subdivision 1.  [AGREEMENT BY CANDIDATE.] (a) As a 
  6.8   condition of receiving a public subsidy, a candidate shall sign 
  6.9   and file with the board a written agreement in which the 
  6.10  candidate agrees that the candidate will comply with sections 
  6.11  10A.25 and 10A.324. 
  6.12     (b) Before the first day of filing for office, the board 
  6.13  shall forward agreement forms to all filing officers.  The board 
  6.14  shall also provide agreement forms to candidates on request at 
  6.15  any time.  The candidate may sign an agreement and submit it to 
  6.16  the filing officer on the day of filing an affidavit of 
  6.17  candidacy or petition to appear on the ballot, in which case the 
  6.18  filing officer shall without delay forward signed agreements to 
  6.19  the board.  Alternatively, the candidate may submit the 
  6.20  agreement directly to the board at any time before September 1 
  6.21  preceding the general election.  An agreement may not be filed 
  6.22  after that date.  An agreement once filed may not be rescinded. 
  6.23     (c) The board shall forward a copy of any agreement signed 
  6.24  under this subdivision to the commissioner of revenue.  
  6.25     (d) Notwithstanding any provisions of this section, when a 
  6.26  vacancy occurs that will be filled by means of a special 
  6.27  election and the filing period does not coincide with the filing 
  6.28  period for the general election, a candidate may sign and submit 
  6.29  a spending limit agreement at any time before the deadline for 
  6.30  submission of a signed agreement under section 10A.315 not later 
  6.31  than the day after the candidate files the affidavit of 
  6.32  candidacy or nominating petition for the office. 
  6.33     Sec. 8.  Minnesota Statutes 1998, section 10A.323, is 
  6.34  amended to read: 
  6.35     10A.323 [MATCHING REQUIREMENTS.] 
  6.36     In addition to the requirements of section 10A.322, to be 
  7.1   eligible to receive a public subsidy under section 10A.31 a 
  7.2   candidate or the candidate's treasurer shall file an affidavit 
  7.3   with the board stating that during that calendar year the 
  7.4   candidate has accumulated contributions from persons eligible to 
  7.5   vote in this state in the amount indicated for the office 
  7.6   sought, counting only the first $50 received from each 
  7.7   contributor: 
  7.8      (1) candidates for governor and lieutenant governor running 
  7.9   together, $35,000; 
  7.10     (2) candidates for attorney general, $15,000; 
  7.11     (3) candidates for secretary of state, state treasurer, and 
  7.12  state auditor, separately, $6,000; 
  7.13     (4) candidates for the senate, $3,000; and 
  7.14     (5) candidates for the house of representatives, $1,500; 
  7.15  and 
  7.16     (6) candidates for the metropolitan council, $2,500. 
  7.17     The affidavit must state the total amount of contributions 
  7.18  that have been received from persons eligible to vote in this 
  7.19  state and the total amount of those contributions received, 
  7.20  disregarding the portion of any contribution in excess of $50.  
  7.21     The candidate or the candidate's treasurer shall submit the 
  7.22  affidavit required by this section to the board in writing by 
  7.23  September 1 of the general election year to receive the payment 
  7.24  based on the results of the primary election, by September 15 to 
  7.25  receive the payment made October 1, by October 1 to receive the 
  7.26  payment made October 15, by November 1 to receive the payment 
  7.27  made November 15, and by December 1 to receive the payment made 
  7.28  December 15. 
  7.29     Sec. 9.  Minnesota Statutes 1998, section 10A.324, 
  7.30  subdivision 1, is amended to read: 
  7.31     Subdivision 1.  [WHEN RETURN REQUIRED.] A candidate shall 
  7.32  return all or a portion of the public subsidy received from the 
  7.33  state elections campaign fund or the public matching subsidy 
  7.34  received under section 10A.313 or 10A.315, under the 
  7.35  circumstances in this section or section 10A.25, subdivision 11. 
  7.36     (a) To the extent that the amount of public subsidy 
  8.1   received by the candidate exceeds the expenditure limits for the 
  8.2   office held or sought, as provided in section 10A.25 and as 
  8.3   adjusted by section 10A.255, the treasurer of the candidate's 
  8.4   principal campaign committee shall return the excess to the 
  8.5   board. 
  8.6      (b) To the extent that the amount of public subsidy 
  8.7   received exceeds the aggregate of:  (1) actual expenditures made 
  8.8   by the principal campaign committee of the candidate; and (2) 
  8.9   approved expenditures made on behalf of the candidate, the 
  8.10  treasurer of the candidate's principal campaign committee shall 
  8.11  return an amount equal to the difference to the board. 
  8.12     Sec. 10.  Minnesota Statutes 1998, section 15.0597, 
  8.13  subdivision 1, is amended to read: 
  8.14     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  8.15  following terms shall have the meanings given them. 
  8.16     (a) "Agency" means (1) a state board, commission, council, 
  8.17  committee, authority, task force, including an advisory task 
  8.18  force created under section 15.014 or 15.0593, a group created 
  8.19  by executive order of the governor, or other similar multimember 
  8.20  agency created by law and having statewide jurisdiction; and (2) 
  8.21  the metropolitan council, a metropolitan agency, capitol area 
  8.22  architectural and planning board, and any agency with a regional 
  8.23  jurisdiction created in this state pursuant to an interstate 
  8.24  compact. 
  8.25     (b) "Vacancy" or "vacant agency position" means (1) a 
  8.26  vacancy in an existing agency, or (2) a new, unfilled agency 
  8.27  position.  Vacancy includes a position that is to be filled 
  8.28  through appointment of a nonlegislator by a legislator or group 
  8.29  of legislators; vacancy does not mean (1) a vacant position on 
  8.30  an agency composed exclusively of persons employed by a 
  8.31  political subdivision or another agency, or (2) a vacancy to be 
  8.32  filled by a person required to have a specific title or position.
  8.33     (c) "Secretary" means the secretary of state. 
  8.34     Sec. 11.  Minnesota Statutes 1998, section 204B.06, 
  8.35  subdivision 4, is amended to read: 
  8.36     Subd. 4.  [PARTICULAR OFFICES.] Candidates who seek 
  9.1   nomination for the following offices shall state the following 
  9.2   additional information on the affidavit:  
  9.3      (a) for United States senator, that the candidate will be 
  9.4   30 years of age or older and a citizen of the United States for 
  9.5   not less than nine years on the next January 3 or, in the case 
  9.6   of an election to fill a vacancy, within 21 days after the 
  9.7   special election; 
  9.8      (b) for United States representative, that the candidate 
  9.9   will be 25 years of age or older and a citizen of the United 
  9.10  States for not less than seven years on the next January 3 or, 
  9.11  in the case of an election to fill a vacancy, within 21 days 
  9.12  after the special election; 
  9.13     (c) for governor or lieutenant governor, that on the first 
  9.14  Monday of the next January the candidate will be 25 years of age 
  9.15  or older and, on the day of the state general election, a 
  9.16  resident of Minnesota for not less than one year; 
  9.17     (d) for supreme court justice, court of appeals judge, or 
  9.18  district court judge, that the candidate is learned in the law; 
  9.19     (e) for metropolitan council, county, municipal, school 
  9.20  district, or special district office, that the candidate meets 
  9.21  any other qualifications for that office prescribed by law; 
  9.22     (f) for senator or representative in the legislature, that 
  9.23  on the day of the general or special election to fill the office 
  9.24  the candidate will have resided not less than one year in the 
  9.25  state and not less than six months in the legislative district 
  9.26  from which the candidate seeks election.  
  9.27     Sec. 12.  Minnesota Statutes 1998, section 204B.09, 
  9.28  subdivision 1, is amended to read: 
  9.29     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
  9.30  ELECTIONS.] Except as otherwise provided by this subdivision, 
  9.31  affidavits of candidacy and nominating petitions for county, 
  9.32  metropolitan council, state and federal offices filled at the 
  9.33  state general election shall be filed not more than 70 days nor 
  9.34  less than 56 days before the state primary.  The affidavit may 
  9.35  be prepared and signed at any time between 60 days before the 
  9.36  filing period opens and the last day of the filing period.  
 10.1   Notwithstanding other law to the contrary, the affidavit of 
 10.2   candidacy must be signed in the presence of a notarial officer.  
 10.3   Candidates for presidential electors may file petitions on or 
 10.4   before the state primary day.  Nominating petitions to fill 
 10.5   vacancies in nominations shall be filed as provided in section 
 10.6   204B.13.  No affidavit or petition shall be accepted later than 
 10.7   5:00 p.m. on the last day for filing.  Affidavits and petitions 
 10.8   for offices to be voted on in only one county shall be filed 
 10.9   with the county auditor of that county.  Affidavits and 
 10.10  petitions for offices to be voted on in more than one county 
 10.11  shall be filed with the secretary of state. 
 10.12     Sec. 13.  Minnesota Statutes 1998, section 204B.09, 
 10.13  subdivision 1a, is amended to read: 
 10.14     Subd. 1a.  [ABSENT CANDIDATES.] A candidate for county, 
 10.15  metropolitan council, state, or federal office who will be 
 10.16  absent from the state during the filing period may submit a 
 10.17  properly executed affidavit of candidacy, the appropriate filing 
 10.18  fee, and any necessary petitions in person to the filing 
 10.19  officer.  The candidate shall state in writing the reason for 
 10.20  being unable to submit the affidavit during the filing period.  
 10.21  The affidavit, filing fee, and petitions must be submitted to 
 10.22  the filing officer during the seven days immediately preceding 
 10.23  the candidate's absence from the state.  Nominating petitions 
 10.24  may be signed during the 14 days immediately preceding the date 
 10.25  when the affidavit of candidacy is filed. 
 10.26     Sec. 14.  Minnesota Statutes 1998, section 204B.11, is 
 10.27  amended to read: 
 10.28     204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF 
 10.29  FILING FEE.] 
 10.30     Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
 10.31  Except as provided by subdivision 2, a filing fee shall be paid 
 10.32  by each candidate who files an affidavit of candidacy.  The fee 
 10.33  shall be paid at the time the affidavit is filed.  The amount of 
 10.34  the filing fee shall vary with the office sought as follows: 
 10.35     (a) for the office of governor, lieutenant governor, 
 10.36  attorney general, state auditor, state treasurer, secretary of 
 11.1   state, representative in Congress, judge of the supreme court, 
 11.2   judge of the court of appeals, or judge of the district court, 
 11.3   $300; 
 11.4      (b) for the office of senator in Congress, $400; 
 11.5      (c) for office of senator or representative in the 
 11.6   legislature, $100; 
 11.7      (d) for a metropolitan council or county office, $50; and 
 11.8      (e) for the office of soil and water conservation district 
 11.9   supervisor, $20. 
 11.10     For the office of presidential elector, and for those 
 11.11  offices for which no compensation is provided, no filing fee is 
 11.12  required. 
 11.13     The filing fees received by the county auditor shall 
 11.14  immediately be paid to the county treasurer.  The filing fees 
 11.15  received by the secretary of state shall immediately be paid to 
 11.16  the state treasurer. 
 11.17     When an affidavit of candidacy has been filed with the 
 11.18  appropriate filing officer and the requisite filing fee has been 
 11.19  paid, the filing fee shall not be refunded.  If a candidate's 
 11.20  filing fee is paid with a check, draft, or similar negotiable 
 11.21  instrument for which sufficient funds are not available or that 
 11.22  is dishonored, notice to the candidate of the worthless 
 11.23  instrument must be sent by the filing officer via registered 
 11.24  mail no later than immediately upon the closing of the filing 
 11.25  deadline with return receipt requested.  The candidate will have 
 11.26  five days from the time the filing officer receives proof of 
 11.27  receipt to issue a check or other instrument for which 
 11.28  sufficient funds are available.  The candidate issuing the 
 11.29  worthless instrument is liable for a service charge pursuant to 
 11.30  section 332.50.  If adequate payment is not made, the name of 
 11.31  the candidate must not appear on any official ballot and the 
 11.32  candidate is liable for all costs incurred by election officials 
 11.33  in removing the name from the ballot. 
 11.34     Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
 11.35  filing an affidavit of candidacy, a candidate may present a 
 11.36  petition in place of the filing fee.  The petition may be signed 
 12.1   by any individual eligible to vote for the candidate.  A 
 12.2   nominating petition filed pursuant to section 204B.07 or 
 12.3   204B.13, subdivision 4, is effective as a petition in place of a 
 12.4   filing fee if the nominating petition includes a prominent 
 12.5   statement informing the signers of the petition that it will be 
 12.6   used for that purpose.  
 12.7      The number of signatures on a petition in place of a filing 
 12.8   fee shall be as follows:  
 12.9      (a) for a state office voted on statewide, or for president 
 12.10  of the United States, or United States senator, 2,000; 
 12.11     (b) for a congressional office, 1,000; 
 12.12     (c) for a county, metropolitan council, or legislative 
 12.13  office, or for the office of district judge, 500; and 
 12.14     (d) for any other office which requires a filing fee as 
 12.15  prescribed by law, municipal charter, or ordinance, the lesser 
 12.16  of 500 signatures or five percent of the total number of votes 
 12.17  cast in the municipality, ward, or other election district at 
 12.18  the preceding general election at which that office was on the 
 12.19  ballot.  
 12.20     An official with whom petitions are filed shall make sample 
 12.21  forms for petitions in place of filing fees available upon 
 12.22  request.  
 12.23     Sec. 15.  Minnesota Statutes 1998, section 204B.135, 
 12.24  subdivision 2, is amended to read: 
 12.25     Subd. 2.  [OTHER ELECTION DISTRICTS.] For purposes of this 
 12.26  subdivision, "local government election district" means a county 
 12.27  district, park and recreation district, school district, 
 12.28  metropolitan council district, or soil and water conservation 
 12.29  district.  Local government election districts, other than city 
 12.30  wards covered by subdivision 1, may not be redistricted until 
 12.31  precinct boundaries are reestablished under section 204B.14, 
 12.32  subdivision 3, paragraph (c).  Election districts covered by 
 12.33  this subdivision must be redistricted within 80 days of the time 
 12.34  when the legislature has been redistricted or at least 15 weeks 
 12.35  before the state primary election in the year ending in two, 
 12.36  whichever comes first. 
 13.1      Sec. 16.  Minnesota Statutes 1998, section 204B.32, 
 13.2   subdivision 2, is amended to read: 
 13.3      Subd. 2.  [ALLOCATION OF ELECTION EXPENSES.] The secretary 
 13.4   of state shall develop procedures for the allocation of election 
 13.5   expenses among counties, municipalities, and school districts, 
 13.6   and the metropolitan council for elections that are held 
 13.7   concurrently.  The following expenses must be included in the 
 13.8   procedures:  salaries of election judges; postage for absentee 
 13.9   ballots and applications; preparation of polling places; 
 13.10  preparation and testing of electronic voting systems; ballot 
 13.11  preparation; publication of election notices and sample ballots; 
 13.12  transportation of ballots and election supplies; and 
 13.13  compensation for administrative expenses of the county auditor, 
 13.14  municipal clerk, or school district clerk. 
 13.15     Sec. 17.  Minnesota Statutes 1998, section 204D.02, 
 13.16  subdivision 1, is amended to read: 
 13.17     Subdivision 1.  [OFFICERS.] All elective state, 
 13.18  metropolitan council, and county officers, justices of the 
 13.19  supreme court, judges of the court of appeals and district 
 13.20  court, state senators and state representatives, and senators 
 13.21  and representatives in Congress shall be elected at the state 
 13.22  general election held in the year before their terms of office 
 13.23  expire.  Presidential electors shall be chosen at the state 
 13.24  general election held in the year before the expiration of a 
 13.25  term of a president of the United States.  
 13.26     Sec. 18.  Minnesota Statutes 1998, section 204D.08, 
 13.27  subdivision 6, is amended to read: 
 13.28     Subd. 6.  [STATE AND COUNTY NONPARTISAN PRIMARY BALLOT.] 
 13.29  The state and county nonpartisan primary ballot shall be headed 
 13.30  "State and County Nonpartisan Primary Ballot."  It shall be 
 13.31  printed on canary paper.  The names of candidates for nomination 
 13.32  to the supreme court, court of appeals, district court, and 
 13.33  all metropolitan council and county offices shall be placed on 
 13.34  this ballot.  
 13.35     No candidate whose name is placed on the state and county 
 13.36  nonpartisan primary ballot shall be designated or identified as 
 14.1   the candidate of any political party or in any other manner 
 14.2   except as expressly provided by law.  
 14.3      Sec. 19.  [204D.265] [VACANCY IN OFFICE OF METROPOLITAN 
 14.4   COUNCIL MEMBER.] 
 14.5      Subdivision 1.  [ELECTION IN 30 TO 60 DAYS.] Except as 
 14.6   provided in subdivision 3, a vacancy in the office of 
 14.7   metropolitan council member must be filled at a special election 
 14.8   scheduled by the metropolitan council on a date not less than 30 
 14.9   nor more than 60 days after the vacancy occurs.  The special 
 14.10  primary or special election may be held on the same day as a 
 14.11  regular primary or regular election but the special election 
 14.12  must be held not less than 14 days after the special primary.  
 14.13  The person elected at the special election shall take office 
 14.14  immediately after receipt of the certificate of election and 
 14.15  upon taking the oath of office and shall serve the remainder of 
 14.16  the unexpired term.  If the metropolitan council districts have 
 14.17  been redrawn since the commencement of the term of the vacant 
 14.18  office, the election shall be based on the district as redrawn.  
 14.19     Subd. 2.  [WHEN VICTOR SEATED IMMEDIATELY.] If a vacancy 
 14.20  for which a special election is required occurs less than 60 
 14.21  days before the general election preceding the end of the term, 
 14.22  the vacancy must be filled by the person elected at that 
 14.23  election for the ensuing term who shall take office immediately 
 14.24  after receiving the certificate of election and taking the oath 
 14.25  of office.  
 14.26     Subd. 3.  [INABILITY OR REFUSAL TO SERVE.] In addition to 
 14.27  when the events specified in section 351.02 happen, a vacancy in 
 14.28  the office of metropolitan council member may be declared by the 
 14.29  metropolitan council when a member is unable to serve in the 
 14.30  office or attend council meetings for a 90-day period because of 
 14.31  illness, or because of absence from or refusal to attend council 
 14.32  meetings for a 90-day period.  If any of the preceding 
 14.33  conditions occur, the council may, after the council by 
 14.34  resolution has declared a vacancy to exist, make an appointment 
 14.35  to fill the vacancy at a regular or special meeting for the 
 14.36  remainder of the unexpired term or until the ill or absent 
 15.1   member is again able to resume duties and attend council 
 15.2   meetings, whichever is earlier.  If the original member is again 
 15.3   able to resume duties and attend council meetings, the council 
 15.4   shall by resolution so determine and remove the appointed 
 15.5   officeholder and restore the original member to office. 
 15.6      Sec. 20.  Minnesota Statutes 1998, section 204D.27, is 
 15.7   amended by adding a subdivision to read: 
 15.8      Subd. 12.  [SPECIAL METROPOLITAN COUNCIL ELECTION.] (a) 
 15.9   [STATE CANVASSING BOARD.] Except as provided in subdivision 4, 
 15.10  the state canvassing board shall complete its canvass of a 
 15.11  special election for metropolitan council member and declare the 
 15.12  results within four days, excluding Sundays and legal holidays, 
 15.13  after the returns of the county canvassing boards are certified 
 15.14  to the secretary of state. 
 15.15     (b) [ELECTION CONTEST.] In case of a contest of a special 
 15.16  election for metropolitan council member, the notice of contest 
 15.17  must be filed within two days, excluding Sundays and legal 
 15.18  holidays, after the canvass is completed, and the contest 
 15.19  otherwise must proceed in the manner provided by law for 
 15.20  contesting elections. 
 15.21     (c) [CERTIFICATE OF ELECTION.] A certificate of election in 
 15.22  a special election for metropolitan council member must be 
 15.23  issued by the county auditor or the secretary of state to the 
 15.24  individual declared elected by the county or state canvassing 
 15.25  board, two days, excluding Sundays and legal holidays, after the 
 15.26  appropriate canvassing board finishes canvassing the returns for 
 15.27  the election.  In case of a contest, the certificate must not be 
 15.28  issued until the district court determines the contest. 
 15.29     Sec. 21.  Minnesota Statutes 1998, section 209.02, 
 15.30  subdivision 1, is amended to read: 
 15.31     Subdivision 1.  Any eligible voter, including a candidate, 
 15.32  may contest in the manner provided in this chapter:  (1) the 
 15.33  nomination or election of any person for whom the voter had the 
 15.34  right to vote if that person is declared nominated or elected to 
 15.35  the senate or the house of representatives of the United States, 
 15.36  or to a statewide, metropolitan council, county, legislative, 
 16.1   municipal, school, or district court office; or (2) the declared 
 16.2   result of a constitutional amendment or other question voted 
 16.3   upon at an election.  The contest may be brought over an 
 16.4   irregularity in the conduct of an election or canvass of votes, 
 16.5   over the question of who received the largest number of votes 
 16.6   legally cast, over the number of votes legally cast in favor of 
 16.7   or against a question, or on the grounds of deliberate, serious, 
 16.8   and material violations of the Minnesota Election Law. 
 16.9      Sec. 22.  Minnesota Statutes 1998, section 211A.01, 
 16.10  subdivision 3, is amended to read: 
 16.11     Subd. 3.  [CANDIDATE.] "Candidate" means an individual who 
 16.12  seeks nomination or election to a county, municipal, school 
 16.13  district, or other political subdivision office.  This 
 16.14  definition does not include an individual seeking a judicial 
 16.15  office or a seat on the metropolitan council.  For purposes of 
 16.16  sections 211A.01 to 211A.05 and 211A.07, "candidate" also 
 16.17  includes a candidate for the United States Senate or House of 
 16.18  Representatives. 
 16.19     Sec. 23.  Minnesota Statutes 1998, section 211B.01, 
 16.20  subdivision 3, is amended to read: 
 16.21     Subd. 3.  [CANDIDATE.] "Candidate" means an individual who 
 16.22  seeks nomination or election to a federal, statewide, 
 16.23  metropolitan council, legislative, judicial, or local office 
 16.24  including special districts, school districts, towns, home rule 
 16.25  charter and statutory cities, and counties, except candidates 
 16.26  for president and vice-president of the United States.  
 16.27     Sec. 24.  Minnesota Statutes 1998, section 353D.01, 
 16.28  subdivision 2, is amended to read: 
 16.29     Subd. 2.  [ELIGIBILITY.] (a) Eligibility to participate in 
 16.30  the defined contribution plan is available to: 
 16.31     (1) elected local government officials of a governmental 
 16.32  subdivision who elect to participate in the plan under section 
 16.33  353D.02, subdivision 1, and who, for the elected service 
 16.34  rendered to a governmental subdivision, are not members of the 
 16.35  public employees retirement association within the meaning of 
 16.36  section 353.01, subdivision 7; 
 17.1      (2) physicians who, if they did not elect to participate in 
 17.2   the plan under section 353D.02, subdivision 2, would meet the 
 17.3   definition of member under section 353.01, subdivision 7; and 
 17.4      (3) basic and advanced life support emergency medical 
 17.5   service personnel employed by or providing services for any 
 17.6   public ambulance service or privately operated ambulance service 
 17.7   that receives an operating subsidy from a governmental entity 
 17.8   that elects to participate under section 353D.02, subdivision 3. 
 17.9      (b) For purposes of this chapter, an elected local 
 17.10  government official includes a person appointed to fill a 
 17.11  vacancy in an elective office and a member of the metropolitan 
 17.12  council.  Service as an elected local government official only 
 17.13  includes service for the governmental subdivision for which the 
 17.14  official was elected by the public-at-large.  Service as an 
 17.15  elected local government official ceases and eligibility to 
 17.16  participate terminates when the person ceases to be an elected 
 17.17  official.  An elected local government official does not include 
 17.18  an elected county sheriff.  
 17.19     (c) Elected local government officials, physicians, and 
 17.20  first response personnel and emergency medical service personnel 
 17.21  who are currently covered by a public or private pension plan 
 17.22  because of their employment or provision of services are not 
 17.23  eligible to participate in the public employees defined 
 17.24  contribution plan.  
 17.25     (d) A former participant is a person who has terminated 
 17.26  eligible employment or service and has not withdrawn the value 
 17.27  of the person's individual account. 
 17.28     Sec. 25.  Minnesota Statutes 1998, section 375.09, is 
 17.29  amended to read: 
 17.30     375.09 [MAY NOT HOLD OTHER OFFICE; BRIBERY; VIOLATION; 
 17.31  MALFEASANCE.] 
 17.32     No county commissioner shall hold another elected office 
 17.33  during tenure as commissioner, except to serve as an elected 
 17.34  metropolitan council member, nor be employed by the county.  No 
 17.35  commissioner shall receive any money or other valuable thing as 
 17.36  a condition of voting or inducement to vote for any contract or 
 18.1   other thing under consideration by the board.  Every election 
 18.2   and every contract or payment voted for or made contrary to this 
 18.3   section is void.  Any violation of this section is a malfeasance 
 18.4   in office.  
 18.5      Sec. 26.  Minnesota Statutes 1998, section 473.123, 
 18.6   subdivision 1, is amended to read: 
 18.7      Subdivision 1.  [CREATION.] A metropolitan council with 
 18.8   jurisdiction in the metropolitan area is established as a public 
 18.9   corporation and political subdivision of the state.  It shall be 
 18.10  under the supervision and control of 17 members, all of whom 
 18.11  shall be residents of the metropolitan area elected from 
 18.12  districts as provided in section 473.124. 
 18.13     Sec. 27.  Minnesota Statutes 1998, section 473.123, 
 18.14  subdivision 4, is amended to read: 
 18.15     Subd. 4.  [CHAIR; APPOINTMENT, OFFICERS, SELECTION; 
 18.16  DUTIES AND COMPENSATION.] (a) The chair of the metropolitan 
 18.17  council shall be appointed by the governor as the 17th voting 
 18.18  member thereof by and with the advice and consent of the senate 
 18.19  to serve at the pleasure of the governor to represent the 
 18.20  metropolitan area at large.  Senate confirmation shall be as 
 18.21  provided by section 15.066 elected by and from among the members 
 18.22  of the council to serve a one-year term.  
 18.23     The chair of the metropolitan council shall, if present, 
 18.24  preside at meetings of the council, have the primary 
 18.25  responsibility for meeting with local elected officials, serve 
 18.26  as the principal legislative liaison, present to the governor 
 18.27  and the legislature, after council approval, the council's plans 
 18.28  for regional governance and operations, serve as the principal 
 18.29  spokesperson of the council, and perform other duties assigned 
 18.30  by the council or by law. 
 18.31     (b) The metropolitan council shall elect other officers as 
 18.32  it deems necessary for the conduct of its affairs for a one-year 
 18.33  term.  A secretary and treasurer need not be members of the 
 18.34  metropolitan council.  Meeting times and places shall be fixed 
 18.35  by the metropolitan council and special meetings may be called 
 18.36  by a majority of the members of the metropolitan council or by 
 19.1   the chair.  The chair and each metropolitan council member shall 
 19.2   be reimbursed for actual and necessary expenses.  The annual 
 19.3   budget of the council shall provide as a separate account 
 19.4   anticipated expenditures for compensation, travel, and 
 19.5   associated expenses for the chair and members, and compensation 
 19.6   or reimbursement shall be made to the chair and members only 
 19.7   when budgeted. 
 19.8      (c) Each member of the council shall attend and participate 
 19.9   in council meetings and meet regularly with local elected 
 19.10  officials and legislative members from the council member's 
 19.11  district.  Each council member shall serve on at least one 
 19.12  division committee for transportation, environment, or community 
 19.13  development. 
 19.14     (d) In the performance of its duties the metropolitan 
 19.15  council may adopt policies and procedures governing its 
 19.16  operation, establish committees, and, when specifically 
 19.17  authorized by law, make appointments to other governmental 
 19.18  agencies and districts.  
 19.19     Sec. 28.  Minnesota Statutes 1998, section 473.123, is 
 19.20  amended by adding a subdivision to read: 
 19.21     Subd. 4a.  [COMPENSATION.] Each metropolitan council member 
 19.22  must be paid as authorized by the metropolitan council, but not 
 19.23  to exceed $12,000 per year.  The chair and each metropolitan 
 19.24  council member must be reimbursed for actual and necessary 
 19.25  expenses.  The annual budget of the council must provide as a 
 19.26  separate account anticipated expenditures for compensation, 
 19.27  travel, and associated expenses for the chair and members, and 
 19.28  compensation or reimbursement must be made to the chair and 
 19.29  members only when budgeted. 
 19.30     Sec. 29.  Minnesota Statutes 1998, section 473.123, 
 19.31  subdivision 7, is amended to read: 
 19.32     Subd. 7.  [PERFORMANCE AND BUDGET ANALYST.] The council, 
 19.33  other than the chair, may hire a performance and budget analyst 
 19.34  to assist the 16 council members with policy and budget analysis 
 19.35  and evaluation of the council's performance.  The analyst may 
 19.36  recommend and the council may hire up to two additional analysts 
 20.1   to assist the council with performance evaluation and budget 
 20.2   analysis.  The analyst and any additional analysts hired shall 
 20.3   serve at the pleasure of the council members.  The 16 members of 
 20.4   the council may prescribe all terms and conditions for the 
 20.5   employment of the analyst and any additional analysts hired, 
 20.6   including, but not limited to, the fixing of compensation, 
 20.7   benefits, and insurance.  The analyst shall prepare the budget 
 20.8   for the provisions of this section subdivision and submit the 
 20.9   budget for council approval and inclusion in the council's 
 20.10  overall budget. 
 20.11     Sec. 30.  [473.124] [METROPOLITAN COUNCIL ELECTIONS.] 
 20.12     Subdivision 1.  [NUMBER OF MEMBERS.] The metropolitan 
 20.13  council consists of 16 members.  
 20.14     Subd. 2.  [DISTRICTS.] (a) After each federal decennial 
 20.15  census, the metropolitan council shall divide the metropolitan 
 20.16  area into as many districts as there are members.  Each district 
 20.17  is entitled to elect one member.  The districts must be bounded 
 20.18  by town, municipal, ward, or precinct lines.  The districts must 
 20.19  be composed of compact, convenient, and contiguous territory and 
 20.20  must be substantially equal in population.  The population of 
 20.21  the largest district must not exceed the population of the 
 20.22  smallest district by more than ten percent, unless the result 
 20.23  would force a voting precinct to be split.  A metropolitan 
 20.24  council district may not include territory in more than one 
 20.25  county unless necessary to meet equal-population requirements.  
 20.26  The districts must be numbered in a regular series. 
 20.27     (b) The districts must be redrawn within the time provided 
 20.28  in section 204B.135, subdivision 2.  Before acting to 
 20.29  redistrict, the council shall publish three weeks' notice of its 
 20.30  purpose, stating the time and place of the meeting where the 
 20.31  matter will be considered, in newspapers of general 
 20.32  circulation.  The council shall file a map of the new districts 
 20.33  with the secretary of state. 
 20.34     Subd. 3.  [TERMS.] Members serve a term of four years, 
 20.35  except to fill a vacancy and there must be a new election of all 
 20.36  the members at the first election after each decennial 
 21.1   redistricting and the members elected at that election from 
 21.2   districts with odd numbers serve for an initial term of two 
 21.3   years. 
 21.4      Sec. 31.  [STUDY; REPORT.] 
 21.5      The metropolitan council shall study the feasibility of 
 21.6   transferring functions or services from metropolitan counties to 
 21.7   the metropolitan council established in this act in order to 
 21.8   take advantage of economies of scale without sacrificing equity 
 21.9   or effectiveness.  In addition to any other function or service, 
 21.10  the study must include an analysis of the feasibility and 
 21.11  benefits of transferring county correctional facilities and 
 21.12  county highways to the council.  The council shall report to the 
 21.13  legislature the results of the study by December 31, 2000. 
 21.14     Sec. 32.  [TRANSITION.] 
 21.15     The appointed chair and appointed metropolitan council 
 21.16  members holding office on the effective date of this section, 
 21.17  and any successor appointed to serve as the council chair or as 
 21.18  a member, shall continue in office until the first Monday in 
 21.19  January 2003.  
 21.20     Sec. 33.  [APPLICATION.] 
 21.21     This act applies in the counties of Anoka, Carver, Dakota, 
 21.22  Hennepin, Ramsey, Scott, and Washington. 
 21.23     Sec. 34.  [REPEALER.] 
 21.24     Minnesota Statutes 1998, section 473.123, subdivisions 2a, 
 21.25  3, 3a, and 3c, are repealed. 
 21.26     Laws 1994, chapter 628, article 1, section 8, is repealed. 
 21.27     Sec. 35.  [EFFECTIVE DATE.] 
 21.28     This act is effective for the state primary in 2002 and 
 21.29  thereafter, except that section 31 is effective the day 
 21.30  following final enactment.