1.1 	A bill for an act
1.2 	relating to metropolitan government; providing for the
1.3 	election of the Metropolitan Council; amending
1.4 	Minnesota Statutes 2004, sections 10A.01, subdivision
1.5 	10; 10A.09, subdivision 6a; 10A.25, subdivision 2;
1.6 	10A.27, subdivision 1; 10A.315; 10A.323; 10A.324,
1.7 	subdivision 1; 15.0597, subdivision 1; 204B.06,
1.8 	subdivision 4; 204B.09, subdivisions 1, 1a; 204B.11;
1.9 	204B.135, subdivision 2; 204B.32, subdivision 2;
1.10 	204D.02, subdivision 1; 204D.08, subdivision 6;
1.11 	204D.27, by adding a subdivision; 209.02, subdivision
1.12 	1; 211A.01, subdivision 3; 211B.01, subdivision 3;
1.13 	353D.01, subdivision 2; 473.123, subdivisions 1, 4, 7,
1.14 	by adding a subdivision; proposing coding for new law
1.15 	in Minnesota Statutes, chapters 10A; 204D; 473;
1.16 	repealing Minnesota Statutes 2004, section 473.123,
1.17 	subdivisions 2a, 3, 3a; Laws 1994, chapter 628,
1.18 	article 1, section 8; Laws 2003, chapter 8, section 2.
1.19 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.20 	Section 1. Minnesota Statutes 2004, section 10A.01,
1.21 	subdivision 10, is amended to read:
1.22 		Subd. 10.Candidate.  "Candidate" means an individual who
1.23 	seeks nomination or election as a state constitutional officer,
1.24 	legislator, or judge.  An individual is deemed to seek
1.25 	nomination or election if the individual has taken the action
1.26 	necessary under the law of this state to qualify for nomination
1.27 	or election, has received contributions or made expenditures in
1.28 	excess of $100, or has given implicit or explicit consent for
1.29 	any other person to receive contributions or make expenditures
1.30 	in excess of $100, for the purpose of bringing about the
1.31 	individual's nomination or election.  A candidate remains a
1.32 	candidate until the candidate's principal campaign committee is
2.1 	dissolved as provided in section 10A.24. "Candidate" also means
2.2 	an individual who seeks nomination or election to the
2.3 	Metropolitan Council.

2.4 	Sec. 2. Minnesota Statutes 2004, section 10A.09,
2.5 	subdivision 6a, is amended to read:
2.6 		Subd. 6a.Local officials.  A local official required to
2.7 	file a statement under this section must file it with the
2.8 	governing body of the official's political subdivision, except
2.9 	that a candidate for or member of the Metropolitan Council must
2.10 	file the statement with the board.  The governing body must
2.11 	maintain statements filed with it under this subdivision as
2.12 	public data.

2.13 	Sec. 3. Minnesota Statutes 2004, section 10A.25,
2.14 	subdivision 2, is amended to read:
2.15 		Subd. 2.Amounts.  (a) In a year in which an election is
2.16 	held for an office sought by a candidate, the principal campaign
2.17 	committee of the candidate must not make campaign expenditures
2.18 	nor permit approved expenditures to be made on behalf of the
2.19 	candidate that result in aggregate expenditures in excess of the
2.20 	following:
2.21 	(1) for governor and lieutenant governor, running together,
2.22 	$2,188,090;
2.23 	(2) for attorney general, $364,690;
2.24 	(3) for secretary of state and state auditor, separately,
2.25 	$182,350;
2.26 	(4) for state senator, $54,740;
2.27 	(5) for state representative, $28,400; and 
2.28 	(6) for Metropolitan Council member, $47,000.
2.29 	(b) In addition to the amount in paragraph (a), clause (1),
2.30 	a candidate for endorsement for the office of lieutenant
2.31 	governor at the convention of a political party may make
2.32 	campaign expenditures and approved expenditures of five percent
2.33 	of that amount to seek endorsement.
2.34 	(c) If a special election cycle occurs during a general
2.35 	election cycle, expenditures by or on behalf of a candidate in
2.36 	the special election do not count as expenditures by or on
3.1 	behalf of the candidate in the general election.
3.2 	(d) 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 2004, section 10A.27,
3.9 	subdivision 1, is amended to read:
3.10 		Subdivision 1.Contribution limits.  (a) Except as
3.11 	provided in subdivision 2, a candidate must not permit the
3.12 	candidate's principal campaign committee to accept aggregate
3.13 	contributions made or delivered by any individual, political
3.14 	committee, or political fund in excess of the following:
3.15 	(1) 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 	(2) 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 	(3) to a candidate for the office of secretary of state or
3.21 	state auditor, $500 in an election year for the office sought
3.22 	and $100 in other years;
3.23 	(4) 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 	(5) 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 	(b) The following deliveries are not subject to the
3.29 	bundling 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 	(c) A political committee or political fund must not make a
4.1 	contribution a candidate is prohibited from accepting.

4.2 	Sec. 5. [10A.313] METROPOLITAN COUNCIL PUBLIC SUBSIDY.
4.3 		Subdivision 1.Funding. The Metropolitan Council must
4.4 	provide sufficient money to pay the public subsidy provided for
4.5 	in this section.
4.6 		Subd. 2.Eligibility. A candidate is eligible to receive
4.7 	a public subsidy in the amount of $20,000 if the candidate has
4.8 	filed with the board a spending limit agreement under section
4.9 	10A.322 and an affidavit of contributions under section 10A.323,
4.10 	the candidate was opposed in the primary election or will be
4.11 	opposed in the general election, and the candidate's name will
4.12 	appear on the ballot in the general election.
4.13 		Subd. 3.Certification. Within one week after the last
4.14 	day for filing a spending limit agreement under section 10A.322
4.15 	and an affidavit of contributions under section 10A.323, the
4.16 	board must certify to the Metropolitan Council the maximum
4.17 	number of candidates eligible to receive the public subsidy if
4.18 	they survive the primary election.  Within one week after
4.19 	receiving the certification, the Metropolitan Council must pay
4.20 	the board the amount necessary to fund the public subsidy for
4.21 	that number of candidates.  The amount received must be
4.22 	deposited in the state treasury and credited to a Metropolitan
4.23 	Council public subsidy account in the special revenue fund.
4.24 	Money in the fund is appropriated to the board for purposes of
4.25 	the public subsidy program.
4.26 		Subd. 4.Payment. The board shall pay the public subsidy
4.27 	to the eligible candidates as soon as the board has obtained
4.28 	from the secretary of state the results of the primary election
4.29 	but not later than one week after certification by the State
4.30 	Canvassing Board of the results of the primary.  Amounts not
4.31 	paid to candidates, or returned by them to the board, must be
4.32 	returned by the board to the Metropolitan Council.

4.33 	Sec. 6. Minnesota Statutes 2004, section 10A.315, is
4.34 	amended to read:
4.35 	10A.315 SPECIAL ELECTION SUBSIDY.
4.36 		Subdivision 1.Legislative office. (a) Each eligible
5.1 	candidate for a legislative office in a special election must be
5.2 	paid a public subsidy equal to the sum of:
5.3 	(1) the party account money at the last general election
5.4 	for the candidate's party for the office the candidate is
5.5 	seeking; and
5.6 	(2) the general account money paid to a candidate for the
5.7 	same office at the last general election.
5.8 	(b) A candidate who wishes to receive this public subsidy
5.9 	must submit a signed agreement under section 10A.322 to the
5.10 	board and must meet the contribution requirements of section
5.11 	10A.323.  The special election subsidy must be distributed in
5.12 	the same manner as money in the party and general accounts is
5.13 	distributed to legislative candidates in a general election.
5.14 	(c) The amount necessary to make the payments required by
5.15 	this section is appropriated from the general fund to the board.
5.16 		Subd. 2.Metropolitan council office. Each eligible
5.17 	candidate for Metropolitan Council office in a special election
5.18 	must be paid a public subsidy equal to the subsidy paid in a
5.19 	general election.  To be eligible to receive this public
5.20 	subsidy, a candidate must file a spending limit agreement under
5.21 	section 10A.322 and meet the contribution requirements of
5.22 	section 10A.323, except that the candidate may count
5.23 	contributions received during the two months immediately
5.24 	preceding the special election, other than contributions the
5.25 	candidate has previously included on an affidavit for another
5.26 	election, and the amount required is one-quarter of the amount
5.27 	stated in section 10A.323.  To receive the subsidy, the
5.28 	candidate must be opposed in either the primary or the general
5.29 	election.  The special election subsidy must be distributed in
5.30 	the same manner as the public subsidy in a general election.

5.31 	Sec. 7. Minnesota Statutes 2004, section 10A.323, is
5.32 	amended to read:
5.33 	10A.323 AFFIDAVIT OF CONTRIBUTIONS.
5.34 	In addition to the requirements of section 10A.322, to be
5.35 	eligible to receive a public subsidy under section 10A.31 a
5.36 	candidate or the candidate's treasurer must file an affidavit
6.1 	with the board stating that during that calendar year the
6.2 	candidate has accumulated contributions from persons eligible to
6.3 	vote in this state in at least the amount indicated for the
6.4 	office sought, counting only the first $50 received from each
6.5 	contributor:
6.6 	(1) candidates for governor and lieutenant governor running
6.7 	together, $35,000;
6.8 	(2) candidates for attorney general, $15,000;
6.9 	(3) candidates for secretary of state and state auditor,
6.10 	separately, $6,000;
6.11 	(4) candidates for the senate, $3,000; and 
6.12 	(5) candidates for the house of representatives, $1,500;
6.13 	and 
6.14 	(6) candidates for the Metropolitan Council, $2,500.
6.15 	The affidavit must state the total amount of contributions
6.16 	that have been received from persons eligible to vote in this
6.17 	state, disregarding the portion of any contribution in excess of
6.18 	$50.
6.19 	The candidate or the candidate's treasurer must submit the
6.20 	affidavit required by this section to the board in writing by
6.21 	September 1 of the general election year.
6.22 	A candidate for a vacancy to be filled at a special
6.23 	election for which the filing period does not coincide with the
6.24 	filing period for the general election must submit the affidavit
6.25 	required by this section to the board within five days after
6.26 	filing the affidavit of candidacy.

6.27 	Sec. 8. Minnesota Statutes 2004, section 10A.324,
6.28 	subdivision 1, is amended to read:
6.29 		Subdivision 1.When return required.  A candidate must
6.30 	return all or a portion of the public subsidy received from the
6.31 	state elections campaign fund or the public subsidy received
6.32 	under section 10A.313 or 10A.315, under the circumstances in
6.33 	this section or section 10A.257, subdivision 1.
6.34 	To the extent that the amount of public subsidy received
6.35 	exceeds the aggregate of:  (1) actual expenditures made by the
6.36 	principal campaign committee of the candidate; and (2) approved
7.1 	expenditures made on behalf of the candidate, the treasurer of
7.2 	the candidate's principal campaign committee must return an
7.3 	amount equal to the difference to the board.  The cost of
7.4 	postage that was not used during an election cycle and payments
7.5 	that created credit balances at vendors at the close of an
7.6 	election cycle are not considered expenditures for purposes of
7.7 	determining the amount to be returned.  Expenditures in excess
7.8 	of the candidate's spending limit do not count in determining
7.9 	aggregate expenditures under this paragraph.

7.10 	Sec. 9. Minnesota Statutes 2004, section 15.0597,
7.11 	subdivision 1, is amended to read:
7.12 		Subdivision 1.Definitions.  As used in this section, the
7.13 	following terms shall have the meanings given them.
7.14 	(a) "Agency" means (1) a state board, commission, council,
7.15 	committee, authority, task force, including an advisory task
7.16 	force created under section 15.014 or 15.0593, a group created
7.17 	by executive order of the governor, or other similar multimember
7.18 	agency created by law and having statewide jurisdiction; and (2)
7.19 	the Metropolitan Council,a metropolitan agency, Capitol Area
7.20 	Architectural and Planning Board, and any agency with a regional
7.21 	jurisdiction created in this state pursuant to an interstate
7.22 	compact.
7.23 	(b) "Vacancy" or "vacant agency position" means (1) a
7.24 	vacancy in an existing agency, or (2) a new, unfilled agency
7.25 	position.  Vacancy includes a position that is to be filled
7.26 	through appointment of a nonlegislator by a legislator or group
7.27 	of legislators; vacancy does not mean (1) a vacant position on
7.28 	an agency composed exclusively of persons employed by a
7.29 	political subdivision or another agency, or (2) a vacancy to be
7.30 	filled by a person required to have a specific title or position.
7.31 	(c) "Secretary" means the secretary of state.

7.32 	Sec. 10. Minnesota Statutes 2004, section 204B.06,
7.33 	subdivision 4, is amended to read:
7.34 		Subd. 4.Particular offices.  Candidates who seek
7.35 	nomination for the following offices shall state the following
7.36 	additional information on the affidavit:
8.1 	(a) for United States senator, that the candidate will be
8.2 	30 years of age or older and a citizen of the United States for
8.3 	not less than nine years on the next January 3 or, in the case
8.4 	of an election to fill a vacancy, within 21 days after the
8.5 	special election;
8.6 	(b) for United States representative, that the candidate
8.7 	will be 25 years of age or older and a citizen of the United
8.8 	States for not less than seven years on the next January 3 or,
8.9 	in the case of an election to fill a vacancy, within 21 days
8.10 	after the special election;
8.11 	(c) for governor or lieutenant governor, that on the first
8.12 	Monday of the next January the candidate will be 25 years of age
8.13 	or older and, on the day of the state general election, a
8.14 	resident of Minnesota for not less than one year;
8.15 	(d) for Supreme Court justice, Court of Appeals judge, or
8.16 	district court judge, that the candidate is learned in the law;
8.17 	(e) for Metropolitan Council,county, municipal, school
8.18 	district, or special district office, that the candidate meets
8.19 	any other qualifications for that office prescribed by law;
8.20 	(f) for senator or representative in the legislature, that
8.21 	on the day of the general or special election to fill the office
8.22 	the candidate will have resided not less than one year in the
8.23 	state and not less than six months in the legislative district
8.24 	from which the candidate seeks election.

8.25 	Sec. 11. Minnesota Statutes 2004, section 204B.09,
8.26 	subdivision 1, is amended to read:
8.27 		Subdivision 1.Candidates in state and county general
8.28 	elections.  (a) Except as otherwise provided by this
8.29 	subdivision, affidavits of candidacy and nominating petitions
8.30 	for county, Metropolitan Council,state, and federal offices
8.31 	filled at the state general election shall be filed not more
8.32 	than 70 days nor less than 56 days before the state primary.
8.33 	The affidavit may be prepared and signed at any time between 60
8.34 	days before the filing period opens and the last day of the
8.35 	filing period.
8.36 	(b) Notwithstanding other law to the contrary, the
9.1 	affidavit of candidacy must be signed in the presence of a
9.2 	notarial officer or an individual authorized to administer oaths
9.3 	under section 358.10.
9.4 	(c) This provision does not apply to candidates for
9.5 	presidential elector nominated by major political parties.
9.6 	Major party candidates for presidential elector are certified
9.7 	under section 208.03.  Other candidates for presidential
9.8 	electors may file petitions on or before the state primary day
9.9 	pursuant to section 204B.07.  Nominating petitions to fill
9.10 	vacancies in nominations shall be filed as provided in section
9.11 	204B.13.  No affidavit or petition shall be accepted later than
9.12 	5:00 p.m. on the last day for filing.
9.13 	(d) Affidavits and petitions for offices to be voted on in
9.14 	only one county shall be filed with the county auditor of that
9.15 	county.  Affidavits and petitions for offices to be voted on in
9.16 	more than one county shall be filed with the secretary of state.

9.17 	Sec. 12. Minnesota Statutes 2004, section 204B.09,
9.18 	subdivision 1a, is amended to read:
9.19 		Subd. 1a.Absent candidates.  A candidate for special
9.20 	district, county, Metropolitan Council,state, or federal office
9.21 	who will be absent from the state during the filing period may
9.22 	submit a properly executed affidavit of candidacy, the
9.23 	appropriate filing fee, and any necessary petitions in person to
9.24 	the filing officer.  The candidate shall state in writing the
9.25 	reason for being unable to submit the affidavit during the
9.26 	filing period.  The affidavit, filing fee, and petitions must be
9.27 	submitted to the filing officer during the seven days
9.28 	immediately preceding the candidate's absence from the state.
9.29 	Nominating petitions may be signed during the 14 days
9.30 	immediately preceding the date when the affidavit of candidacy
9.31 	is filed.

9.32 	Sec. 13. Minnesota Statutes 2004, section 204B.11, is
9.33 	amended to read:
9.34 	204B.11 CANDIDATES; FILING FEES; PETITION IN PLACE OF
9.35 	FILING FEE.
9.36 		Subdivision 1.Amount; dishonored checks; consequences.
 10.1 	Except as provided by subdivision 2, a filing fee shall be paid
10.2 	by each candidate who files an affidavit of candidacy.  The fee
10.3 	shall be paid at the time the affidavit is filed.  The amount of
10.4 	the filing fee shall vary with the office sought as follows:
10.5 	(a) for the office of governor, lieutenant governor,
10.6 	attorney general, state auditor, secretary of state,
10.7 	representative in Congress, judge of the Supreme Court, judge of
10.8 	the Court of Appeals, or judge of the district court, $300;
10.9 	(b) for the office of senator in Congress, $400;
10.10 	(c) for office of senator or representative in the
10.11 	legislature, $100;
10.12 	(d) for a Metropolitan Council or county office, $50; and
10.13 	(e) for the office of soil and water conservation district
10.14 	supervisor, $20.
10.15 	For the office of presidential elector, and for those
10.16 	offices for which no compensation is provided, no filing fee is
10.17 	required.
10.18 	The filing fees received by the county auditor shall
10.19 	immediately be paid to the county treasurer.  The filing fees
10.20 	received by the secretary of state shall immediately be paid to
10.21 	the commissioner of finance.
10.22 	When an affidavit of candidacy has been filed with the
10.23 	appropriate filing officer and the requisite filing fee has been
10.24 	paid, the filing fee shall not be refunded.  If a candidate's
10.25 	filing fee is paid with a check, draft, or similar negotiable
10.26 	instrument for which sufficient funds are not available or that
10.27 	is dishonored, notice to the candidate of the worthless
10.28 	instrument must be sent by the filing officer via registered
10.29 	mail no later than immediately upon the closing of the filing
10.30 	deadline with return receipt requested.  The candidate will have
10.31 	five days from the time the filing officer receives proof of
10.32 	receipt to issue a check or other instrument for which
10.33 	sufficient funds are available.  The candidate issuing the
10.34 	worthless instrument is liable for a service charge pursuant to
10.35 	section 604.113.  If adequate payment is not made, the name of
10.36 	the candidate must not appear on any official ballot and the
11.1 	candidate is liable for all costs incurred by election officials
11.2 	in removing the name from the ballot.
11.3 		Subd. 2.Petition in place of filing fee. At the time of
11.4 	filing an affidavit of candidacy, a candidate may present a
11.5 	petition in place of the filing fee.  The petition may be signed
11.6 	by any individual eligible to vote for the candidate.  A
11.7 	nominating petition filed pursuant to section 204B.07 or
11.8 	204B.13, subdivision 4, is effective as a petition in place of a
11.9 	filing fee if the nominating petition includes a prominent
11.10 	statement informing the signers of the petition that it will be
11.11 	used for that purpose.
11.12 	The number of signatures on a petition in place of a filing
11.13 	fee shall be as follows:
11.14 	(a) for a state office voted on statewide, or for president
11.15 	of the United States, or United States senator, 2,000;
11.16 	(b) for a congressional office, 1,000;
11.17 	(c) for a county, Metropolitan Council,or legislative
11.18 	office, or for the office of district judge, 500; and
11.19 	(d) for any other office which requires a filing fee as
11.20 	prescribed by law, municipal charter, or ordinance, the lesser
11.21 	of 500 signatures or five percent of the total number of votes
11.22 	cast in the municipality, ward, or other election district at
11.23 	the preceding general election at which that office was on the
11.24 	ballot.
11.25 	An official with whom petitions are filed shall make sample
11.26 	forms for petitions in place of filing fees available upon
11.27 	request.

11.28 	Sec. 14. Minnesota Statutes 2004, section 204B.135,
11.29 	subdivision 2, is amended to read:
11.30 		Subd. 2.Other election districts.  For purposes of this
11.31 	subdivision, "local government election district" means a county
11.32 	district, park and recreation district, school district,
11.33 	Metropolitan Council district,or soil and water conservation
11.34 	district.  Local government election districts, other than city
11.35 	wards covered by subdivision 1, may not be redistricted until
11.36 	precinct boundaries are reestablished under section 204B.14,
12.1 	subdivision 3, paragraph (c).  Election districts covered by
12.2 	this subdivision must be redistricted within 80 days of the time
12.3 	when the legislature has been redistricted or at least 15 weeks
12.4 	before the state primary election in the year ending in two,
12.5 	whichever comes first.

12.6 	Sec. 15. Minnesota Statutes 2004, section 204B.32,
12.7 	subdivision 2, is amended to read:
12.8 		Subd. 2.Allocation of election expenses.  The secretary
12.9 	of state shall develop procedures for the allocation of election
12.10 	expenses among counties, municipalities, and school districts,
12.11 	and the Metropolitan Council for elections that are held
12.12 	concurrently.  The following expenses must be included in the
12.13 	procedures:  salaries of election judges; postage for absentee
12.14 	ballots and applications; preparation of polling places;
12.15 	preparation and testing of electronic voting systems; ballot
12.16 	preparation; publication of election notices and sample ballots;
12.17 	transportation of ballots and election supplies; and
12.18 	compensation for administrative expenses of the county auditor,
12.19 	municipal clerk, or school district clerk.

12.20 	Sec. 16. Minnesota Statutes 2004, section 204D.02,
12.21 	subdivision 1, is amended to read:
12.22 		Subdivision 1.Officers.  All elective state,
12.23 	Metropolitan Council,and county officers, justices of the
12.24 	Supreme Court, judges of the Court of Appeals and district
12.25 	court, state senators and state representatives, and senators
12.26 	and representatives in Congress shall be elected at the state
12.27 	general election held in the year before their terms of office
12.28 	expire.  Presidential electors shall be chosen at the state
12.29 	general election held in the year before the expiration of a
12.30 	term of a president of the United States.

12.31 	Sec. 17. Minnesota Statutes 2004, section 204D.08,
12.32 	subdivision 6, is amended to read:
12.33 		Subd. 6.State and county nonpartisan primary ballot.
 12.34 	The state and county nonpartisan primary ballot shall be headed
12.35 	"State and County Nonpartisan Primary Ballot."  It shall be
12.36 	printed on canary paper.  The names of candidates for nomination
13.1 	to the Supreme Court, Court of Appeals, district court, and
13.2 	all Metropolitan Council and county offices shall be placed on
13.3 	this ballot.
13.4 	No candidate whose name is placed on the state and county
13.5 	nonpartisan primary ballot shall be designated or identified as
13.6 	the candidate of any political party or in any other manner
13.7 	except as expressly provided by law.

13.8 	Sec. 18. [204D.265] VACANCY IN OFFICE OF METROPOLITAN
13.9 	COUNCIL MEMBER.
13.10 		Subdivision 1.Election in 30 to 60 days. Except as
13.11 	provided in subdivision 3, a vacancy in the office of
13.12 	Metropolitan Council member must be filled at a special election
13.13 	scheduled by the Metropolitan Council on a date not less than 30
13.14 	nor more than 60 days after the vacancy occurs.  The special
13.15 	primary or special election may be held on the same day as a
13.16 	regular primary or regular election, but the special election
13.17 	must be held not less than 14 days after the special primary.
13.18 	The person elected at the special election must take office
13.19 	immediately after receipt of the certificate of election and
13.20 	upon taking the oath of office and must serve the remainder of
13.21 	the unexpired term.  If the Metropolitan Council districts have
13.22 	been redrawn since the beginning of the term of the vacant
13.23 	office, the election must be based on the district as redrawn.
13.24 		Subd. 2.When victor seated immediately. If a vacancy
13.25 	for which a special election is required occurs less than 60
13.26 	days before the general election preceding the end of the term,
13.27 	the vacancy must be filled by the person elected at that
13.28 	election for the ensuing term and that person must take office
13.29 	immediately after receiving the certificate of election and
13.30 	taking the oath of office.
13.31 		Subd. 3.Inability or refusal to serve. In addition to
13.32 	when the events specified in section 351.02 happen, a vacancy in
13.33 	the office of Metropolitan Council member may be declared by the
13.34 	Metropolitan Council when a member is unable to serve in the
13.35 	office or attend council meetings for a 90-day period because of
13.36 	illness, or absence from or refusal to attend council meetings
14.1 	for a 90-day period.  If any of the conditions described or
14.2 	referred to in this subdivision occur, the council may, after
14.3 	the council by resolution has declared a vacancy to exist,
14.4 	appoint someone to fill the vacancy at a regular or special
14.5 	meeting for the remainder of the unexpired term or until the ill
14.6 	or absent member is again able to resume duties and attend
14.7 	council meetings, whichever is earlier.  If the council
14.8 	determines that the original member is again able to resume
14.9 	duties and attend council meetings, the council must say so in a
14.10 	resolution and remove the appointed officeholder and restore the
14.11 	original member to office.

14.12 	Sec. 19. Minnesota Statutes 2004, section 204D.27, is
14.13 	amended by adding a subdivision to read:
14.14 		Subd. 12.Special metropolitan council election. (a) 
14.15 	[STATE CANVASSING BOARD.] Except as provided in subdivision 4,
14.16 	the State Canvassing Board shall complete its canvass of a
14.17 	special election for Metropolitan Council member and declare the
14.18 	results within four days after the returns of the county
14.19 	canvassing boards are certified to the secretary of state,
14.20 	excluding Sundays and legal holidays.
14.21 	(b) [ELECTION CONTEST.] In case of a contest of a special
14.22 	election for Metropolitan Council member, the notice of contest
14.23 	must be filed within two days after the canvass is completed,
14.24 	excluding Sundays and legal holidays.  In other respects, the
14.25 	contest must proceed in the manner provided by law for
14.26 	contesting elections.
14.27 	(c) [CERTIFICATE OF ELECTION.] A certificate of election in
14.28 	a special election for Metropolitan Council member must be
14.29 	issued by the county auditor or the secretary of state to the
14.30 	individual declared elected by the county or State Canvassing
14.31 	Board two days, excluding Sundays and legal holidays, after the
14.32 	appropriate canvassing board finishes canvassing the returns for
14.33 	the election.  In case of a contest, the certificate must not be
14.34 	issued until the district court decides the contest.

14.35 	Sec. 20. Minnesota Statutes 2004, section 209.02,
14.36 	subdivision 1, is amended to read:
15.1 		Subd. 3.Candidate.  "Candidate" means an individual who
15.18 	seeks nomination or election to a county, municipal, school
15.19 	district, or other political subdivision office.  This
15.20 	definition does not include an individual seeking a judicial
15.21 	office or a seat on the Metropolitan Council.  For purposes of
15.22 	sections 211A.01 to 211A.05 and 211A.07, "candidate" also
15.23 	includes a candidate for the United States Senate or House of
15.24 	Representatives.

15.25 	Sec. 22. Minnesota Statutes 2004, section 211B.01,
15.26 	subdivision 3, is amended to read:
 15.27 		Subd. 3.Candidate. "Candidate" means an individual who
15.28 	seeks nomination or election to a federal, statewide,
15.29 	Metropolitan Council,legislative, judicial, or local office
15.30 	including special districts, school districts, towns, home rule
15.31 	charter and statutory cities, and counties, except candidates
15.32 	for president and vice-president of the United States.

15.33 	Sec. 23. Minnesota Statutes 2004, section 353D.01,
15.34 	subdivision 2, is amended to read:
15.35 		Subd. 2.Eligibility.  (a) Eligibility to participate in
15.36 	the defined contribution plan is available to:
16.1 	(1) elected local government officials of a governmental
16.2 	subdivision who elect to participate in the plan under section
16.3 	353D.02, subdivision 1, and who, for the elected service
16.4 	rendered to a governmental subdivision, are not members of the
16.5 	Public Employees Retirement Association within the meaning of
16.6 	section 353.01, subdivision 7;
16.7 	(2) physicians who, if they did not elect to participate in
16.8 	the plan under section 353D.02, subdivision 2, would meet the
16.9 	definition of member under section 353.01, subdivision 7;
16.10 	(3) basic and advanced life support emergency medical
16.11 	service personnel employed by or providing services for any
16.12 	public ambulance service or privately operated ambulance service
16.13 	that receives an operating subsidy from a governmental entity
16.14 	that elects to participate under section 353D.02, subdivision 3;
16.15 	(4) members of a municipal rescue squad associated with
16.16 	Litchfield in Meeker County, or of a county rescue squad
16.17 	associated with Kandiyohi County, if an independent nonprofit
16.18 	rescue squad corporation, incorporated under chapter 317A,
16.19 	performing emergency management services, and if not affiliated
16.20 	with a fire department or ambulance service and if its members
16.21 	are not eligible for membership in that fire department's or
16.22 	ambulance service's relief association or comparable pension
16.23 	plan; and
16.24 	(5) employees of the Port Authority of the city of St. Paul
16.25 	who elect to participate in the plan under section 353D.02,
16.26 	subdivision 5, and who are not members of the Public Employees
16.27 	Retirement Association under section 353.01, subdivision 7.
16.28 	(b) For purposes of this chapter, an elected local
16.29 	government official includes a person appointed to fill a
16.30 	vacancy in an elective office and a member of the Metropolitan
16.31 	Council.  Service as an elected local government official only
16.32 	includes service for the governmental subdivision for which the
16.33 	official was elected by the public-at-large.  Service as an
16.34 	elected local government official ceases and eligibility to
16.35 	participate terminates when the person ceases to be an elected
16.36 	official.  An elected local government official does not include
17.1 	an elected county sheriff.
17.2 	(c) Individuals otherwise eligible to participate in the
17.3 	plan under this subdivision who are currently covered by a
17.4 	public or private pension plan because of their employment or
17.5 	provision of services are not eligible to participate in the
17.6 	public employees defined contribution plan.
17.7 	(d) A former participant is a person who has terminated
17.8 	eligible employment or service and has not withdrawn the value
17.9 	of the person's individual account.

17.10 	Sec. 24. Minnesota Statutes 2004, section 473.123,
17.11 	subdivision 1, is amended to read:
17.12 		Subdivision 1.Creation.  A Metropolitan Council with
17.13 	jurisdiction in the metropolitan area is established as a public
17.14 	corporation and political subdivision of the state.  It shall be
17.15 	under the supervision and control of 17 members, all of whom
17.16 	shall be residents of the metropolitan area elected from
17.17 	districts as provided in section 473.124.

17.18 	Sec. 25. Minnesota Statutes 2004, section 473.123,
17.19 	subdivision 4, is amended to read:
17.20 		Subd. 4.Chair; appointment, officers, selection;
17.21 	duties and compensation.  (a) The chair of the Metropolitan
17.22 	Council shall be appointed by the governor as the 17th voting
17.23 	member thereof by and with the advice and consent of the senate
17.24 	to serve at the pleasure of the governor to represent the
17.25 	metropolitan area at large.  Senate confirmation shall be as
17.26 	provided by section 15.066elected by, and from among, the
17.27 	members of the council to serve a one-year term.
17.28 	The chair of the Metropolitan Council shall, if present,
17.29 	preside at meetings of the council, have the primary
17.30 	responsibility for meeting with local elected officials, serve
17.31 	as the principal legislative liaison, present to the governor
17.32 	and the legislature, after council approval, the council's plans
17.33 	for regional governance and operations, serve as the principal
17.34 	spokesperson of the council, and perform other duties assigned
17.35 	by the council or by law.
17.36 	(b) The Metropolitan Council shall elect other officers as
18.1 	it deems necessary for the conduct of its affairs for a one-year
18.2 	term.  A secretary and treasurer need not be members of the
18.3 	Metropolitan Council.  Meeting times and places shall be fixed
18.4 	by the Metropolitan Council and special meetings may be called
18.5 	by a majority of the members of the Metropolitan Council or by
18.6 	the chair. The chair and each Metropolitan Council member shall
18.7 	be reimbursed for actual and necessary expenses.  The annual
18.8 	budget of the council shall provide as a separate account
18.9 	anticipated expenditures for compensation, travel, and
18.10 	associated expenses for the chair and members, and compensation
18.11 	or reimbursement shall be made to the chair and members only
18.12 	when budgeted.
18.13 	(c) Each member of the council shall attend and participate
18.14 	in council meetings and meet regularly with local elected
18.15 	officials and legislative members from the council member's
18.16 	district.  Each council member shall serve on at least one
18.17 	division committee for transportation, environment, or community
18.18 	development.
18.19 	(d) In the performance of its duties the Metropolitan
18.20 	Council may adopt policies and procedures governing its
18.21 	operation, establish committees, and, when specifically
18.22 	authorized by law, make appointments to other governmental
18.23 	agencies and districts.

18.24 	Sec. 26. Minnesota Statutes 2004, section 473.123, is
18.25 	amended by adding a subdivision to read:
18.26 		Subd. 4a.Compensation. Each Metropolitan Council member
18.27 	must be paid as authorized by the Metropolitan Council but not
18.28 	to exceed $20,000 per year.  The chair and each Metropolitan
18.29 	Council member must be reimbursed for actual and necessary
18.30 	expenses.  The annual budget of the council must provide, as a
18.31 	separate account, anticipated expenditures for compensation,
18.32 	travel, and associated expenses for the chair and members, and
18.33 	compensation or reimbursement must be made to the chair and
18.34 	members only when budgeted.

18.35 	Sec. 27. Minnesota Statutes 2004, section 473.123,
18.36 	subdivision 7, is amended to read:
19.1 		Subd. 7.Performance and budget analyst.  The council,
19.2 	other than the chair,may hire a performance and budget analyst
19.3 	to assist the 16 council members with policy and budget analysis
19.4 	and evaluation of the council's performance.  The analyst may
19.5 	recommend and the council may hire up to two additional analysts
19.6 	to assist the council with performance evaluation and budget
19.7 	analysis.  The analyst and any additional analysts hired shall
19.8 	serve at the pleasure of the council members.  The 16 members of
19.9 	the council may prescribe all terms and conditions for the
19.10 	employment of the analyst and any additional analysts hired,
19.11 	including, but not limited to, the fixing of compensation,
19.12 	benefits, and insurance.  The analyst shall prepare the budget
19.13 	for the provisions of this section subdivision and submit the
19.14 	budget for council approval and inclusion in the council's
19.15 	overall budget.

19.16 	Sec. 28. [473.124] METROPOLITAN COUNCIL ELECTIONS.
19.17 		Subdivision 1.Number of members. The Metropolitan
19.18 	Council consists of 16 members.
19.19 		Subd. 2.Districts. (a) After the federal decennial
19.20 	census in 2010, and after each federal decennial census
19.21 	thereafter, the Metropolitan Council must divide the
19.22 	metropolitan area into as many districts as there are members.
19.23 	Each district is entitled to elect one member.  The districts
19.24 	must be bounded by town, municipal, ward, or precinct lines.
19.25 	The districts must be composed of compact, convenient, and
19.26 	contiguous territory and must be substantially equal in
19.27 	population.  The population of the largest district must not
19.28 	exceed the population of the smallest district by more than ten
19.29 	percent, unless the result would force a voting precinct to be
19.30 	split.  A Metropolitan Council district must not include
19.31 	territory in more than one county unless necessary to meet
19.32 	equal-population requirements.  The districts must be numbered
19.33 	in a regular series.
19.34 	(b) The districts must be redrawn within the time provided
19.35 	in section 204B.135, subdivision 2.  Before acting to
19.36 	redistrict, the council must publish in newspapers of general
20.1 	circulation three weeks' notice of its purpose, stating the time
20.2 	and place of the meeting where the matter will be considered.
20.3 	The council must file a map of the new districts with the
20.4 	secretary of state.
20.5 		Subd. 3.Terms. Members serve a term of four years,
20.6 	except to fill a vacancy.  There must be a new election of all
20.7 	members at the first election after each decennial redistricting
20.8 	and the members elected at that election from districts with odd
20.9 	numbers serve for an initial term of two years.

20.10 	Sec. 29. STUDY; REPORT.
 20.11 	The Metropolitan Council must study the feasibility of
20.12 	transferring functions or services from metropolitan counties to
20.13 	the Metropolitan Council established in this act to take
20.14 	advantage of economies of scale without sacrificing equity or
20.15 	effectiveness.  In addition to any other function or service,
20.16 	the study must include an analysis of the feasibility and
20.17 	benefits of transferring county correctional facilities and
20.18 	county highways to the council.  The council shall report to the
20.19 	legislature the results of the study by December 31, 2006.

20.20 	Sec. 30. APPLICATION.
 20.21 	This act applies in the counties of Anoka, Carver, Dakota,
20.22 	Hennepin, Ramsey, Scott, and Washington.

20.23 	Sec. 31. REPEALER.
 20.24 	Minnesota Statutes 2004, section 473.123, subdivisions 2a,
20.25 	3, and 3a, are repealed.
20.26 	Laws 1994, chapter 628, article 1, section 8; and Laws
20.27 	2003, chapter 8, section 2, are repealed.

20.28 	Sec. 32. EFFECTIVE DATE.
 20.29 	This act is effective for the state primary in 2006 and
20.30 	thereafter, except that section 29 is effective the day
20.31 	following final enactment.