HF 312

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to metropolitan government; providing for the election of the
Metropolitan Council; amending Minnesota Statutes 2006, sections 10A.01,
subdivision 10; 10A.09, subdivision 6a; 10A.25, subdivision 2; 10A.27,
subdivision 1; 10A.315; 10A.323; 10A.324, subdivision 1; 15.0597, subdivision
1; 204B.06, subdivision 4a; 204B.09, subdivisions 1, 1a; 204B.11; 204B.135,
subdivision 2; 204B.32, subdivision 2; 204D.02, subdivision 1; 204D.08,
subdivision 6; 204D.27, by adding a subdivision; 209.02, subdivision 1;
211A.01, subdivision 3; 211B.01, subdivision 3; 290.06, subdivision 23;
353D.01, subdivision 2; 473.123, subdivisions 1, 4, 7, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapters 10A; 204D; 473;
repealing Minnesota Statutes 2006, section 473.123, subdivisions 2a, 3, 3a, 3d;
Laws 1994, chapter 628, article 1, section 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 10A.01, subdivision 10, is amended to
read:

Subd. 10.

Candidate.

"Candidate" means an individual who seeks nomination or
election as a state constitutional officer, legislator, or judge. An individual is deemed
to seek nomination or election if the individual has taken the action necessary under
the law of this state to qualify for nomination or election, has received contributions or
made expenditures in excess of $100, or has given implicit or explicit consent for any
other person to receive contributions or make expenditures in excess of $100, for the
purpose of bringing about the individual's nomination or election. A candidate remains a
candidate until the candidate's principal campaign committee is dissolved as provided in
section 10A.24. new text begin "Candidate" also means an individual who seeks nomination or election
to the Metropolitan Council.
new text end

Sec. 2.

Minnesota Statutes 2006, section 10A.09, subdivision 6a, is amended to read:

Subd. 6a.

Local officials.

A local official required to file a statement under this
section must file it with the governing body of the official's political subdivision new text begin , except
that a candidate for or member of the Metropolitan Council must file the statement
with the board new text end . The governing body must maintain statements filed with it under this
subdivision as public data.

Sec. 3.

Minnesota Statutes 2006, section 10A.25, subdivision 2, is amended to read:

Subd. 2.

Amounts.

(a) In a year in which an election is held for an office sought by
a candidate, the principal campaign committee of the candidate must not make campaign
expenditures nor permit approved expenditures to be made on behalf of the candidate that
result in aggregate expenditures in excess of the following:

(1) for governor and lieutenant governor, running together, $2,393,800;

(2) for attorney general, $399,000;

(3) for secretary of state and state auditor, separately, $199,500;

(4) for state senator, $59,900;

(5) for state representative, $30,100 new text begin ; and
new text end

new text begin (6) for Metropolitan Council member, $47,000 new text end .

(b) In addition to the amount in paragraph (a), clause (1), a candidate for
endorsement for the office of lieutenant governor at the convention of a political party
may make campaign expenditures and approved expenditures of five percent of that
amount to seek endorsement.

(c) If a special election cycle occurs during a general election cycle, expenditures by
or on behalf of a candidate in the special election do not count as expenditures by or on
behalf of the candidate in the general election.

(d) The expenditure limits in this subdivision for an office are increased by ten
percent for a candidate who is running for that office for the first time and who has not run
previously for any other office whose territory now includes a population that is more than
one-third of the population in the territory of the new office.

Sec. 4.

Minnesota Statutes 2006, section 10A.27, subdivision 1, is amended to read:

Subdivision 1.

Contribution limits.

(a) Except as provided in subdivision 2,
a candidate must not permit the candidate's principal campaign committee to accept
aggregate contributions made or delivered by any individual, political committee, or
political fund in excess of the following:

(1) to candidates for governor and lieutenant governor running together, $2,000 in
an election year for the office sought and $500 in other years;

(2) to a candidate for attorney general, $1,000 in an election year for the office
sought and $200 in other years;

(3) to a candidate for the office of secretary of state or state auditor, $500 in an
election year for the office sought and $100 in other years;

(4) to a candidate for state senator, $500 in an election year for the office sought and
$100 in other years; and

(5) to a candidate for state representative new text begin or Metropolitan Council member new text end , $500 in
an election year for the office sought and $100 in deleted text begin the other deleted text end new text begin a nonelection new text end year.

(b) The following deliveries are not subject to the bundling limitation in this
subdivision:

(1) delivery of contributions collected by a member of the candidate's principal
campaign committee, such as a block worker or a volunteer who hosts a fund-raising
event, to the committee's treasurer; and

(2) a delivery made by an individual on behalf of the individual's spouse.

(c) A lobbyist, political committee, political party unit, or political fund must not
make a contribution a candidate is prohibited from accepting.

Sec. 5.

new text begin [10A.313] METROPOLITAN COUNCIL PUBLIC SUBSIDY.
new text end

new text begin Subdivision 1. new text end

new text begin Funding. new text end

new text begin The Metropolitan Council must provide sufficient money
to pay the public subsidy provided for in this section.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin A candidate is eligible to receive a public subsidy in the amount
of $20,000 if the candidate has filed with the board a spending limit agreement under
section 10A.322 and an affidavit of contributions under section , the candidate
was opposed in the primary election or will be opposed in the general election, and the
candidate's name will appear on the ballot in the general election.
new text end

new text begin Subd. 3. new text end

new text begin Certification. new text end

new text begin Within one week after the last day for filing a spending limit
agreement under section 10A.322 and an affidavit of contributions under section ,
the board must certify to the Metropolitan Council the maximum number of candidates
eligible to receive the public subsidy if they survive the primary election. Within one
week after receiving the certification, the Metropolitan Council must pay the board the
amount necessary to fund the public subsidy for that number of candidates. The amount
received must be deposited in the state treasury and credited to a Metropolitan Council
public subsidy account in the special revenue fund. Money in the fund is appropriated
to the board for purposes of the public subsidy program.
new text end

new text begin Subd. 4. new text end

new text begin Payment. new text end

new text begin The board shall pay the public subsidy to the eligible candidates
as soon as the board has obtained from the secretary of state the results of the primary
election but not later than one week after certification by the State Canvassing Board of
the results of the primary. Amounts not paid to candidates, or returned by them to the
board, must be returned by the board to the Metropolitan Council.
new text end

Sec. 6.

Minnesota Statutes 2006, section 10A.315, is amended to read:

10A.315 SPECIAL ELECTION SUBSIDY.

new text begin Subdivision 1. new text end

new text begin Legislative office. new text end

(a) Each eligible candidate for a legislative office
in a special election must be paid a public subsidy equal to the sum of:

(1) the party account money at the last general election for the candidate's party
for the office the candidate is seeking; and

(2) the general account money paid to a candidate for the same office at the last
general election.

(b) A candidate who wishes to receive this public subsidy must submit a signed
agreement under section 10A.322 to the board and must meet the contribution
requirements of section 10A.323. The special election subsidy must be distributed in the
same manner as money in the party and general accounts is distributed to legislative
candidates in a general election.

(c) The amount necessary to make the payments required by this section is
appropriated from the general fund to the board.

new text begin Subd. 2. new text end

new text begin Metropolitan Council office. new text end

new text begin Each eligible candidate for Metropolitan
Council office in a special election must be paid a public subsidy equal to the subsidy paid
in a general election. To be eligible to receive this public subsidy, a candidate must file a
spending limit agreement under section and meet the contribution requirements
of section , except that the candidate may count contributions received during
the two months immediately preceding the special election, other than contributions the
candidate has previously included on an affidavit for another election, and the amount
required is one-quarter of the amount stated in section . To receive the subsidy,
the candidate must be opposed in either the primary or the general election. The special
election subsidy must be distributed in the same manner as the public subsidy in a general
election.
new text end

Sec. 7.

Minnesota Statutes 2006, section 10A.323, is amended to read:

10A.323 AFFIDAVIT OF CONTRIBUTIONS.

In addition to the requirements of section 10A.322, to be eligible to receive a public
subsidy under section 10A.31 a candidate or the candidate's treasurer must file an affidavit
with the board stating that during that calendar year the candidate has accumulated
contributions from persons eligible to vote in this state in at least the amount indicated for
the office sought, counting only the first $50 received from each contributor:

(1) candidates for governor and lieutenant governor running together, $35,000;

(2) candidates for attorney general, $15,000;

(3) candidates for secretary of state and state auditor, separately, $6,000;

(4) candidates for the senate, $3,000; deleted text begin and
deleted text end

(5) candidates for the house of representatives, $1,500 new text begin ; and
new text end

new text begin (6) candidates for the Metropolitan Council, $2,500 new text end .

The affidavit must state the total amount of contributions that have been received
from persons eligible to vote in this state, disregarding the portion of any contribution in
excess of $50.

The candidate or the candidate's treasurer must submit the affidavit required by this
section to the board in writing by September 1 of the general election year.

A candidate for a vacancy to be filled at a special election for which the filing period
does not coincide with the filing period for the general election must submit the affidavit
required by this section to the board within five days after filing the affidavit of candidacy.

Sec. 8.

Minnesota Statutes 2006, section 10A.324, subdivision 1, is amended to read:

Subdivision 1.

When return required.

A candidate must return all or a portion of
the public subsidy received from the state elections campaign fund or the public subsidy
received under section new text begin 10A.313 or new text end 10A.315, under the circumstances in this section or
section 10A.257, subdivision 1.

To the extent that the amount of public subsidy received exceeds the aggregate of:
(1) actual expenditures made by the principal campaign committee of the candidate; and
(2) approved expenditures made on behalf of the candidate, the treasurer of the candidate's
principal campaign committee must return an amount equal to the difference to the board.
The cost of postage that was not used during an election cycle and payments that created
credit balances at vendors at the close of an election cycle are not considered expenditures
for purposes of determining the amount to be returned. Expenditures in excess of the
candidate's spending limit do not count in determining aggregate expenditures under
this paragraph.

Sec. 9.

Minnesota Statutes 2006, section 15.0597, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section, the following terms shall have
the meanings given them.

(a) "Agency" means (1) a state board, commission, council, committee, authority,
task force, including an advisory task force created under section 15.014 or 15.0593, a
group created by executive order of the governor, or other similar multimember agency
created by law and having statewide jurisdiction; and (2) deleted text begin the Metropolitan Council, deleted text end new text begin a
new text end metropolitan agency, Capitol Area Architectural and Planning Board, and any agency with
a regional jurisdiction created in this state pursuant to an interstate compact.

(b) "Vacancy" or "vacant agency position" means (1) a vacancy in an existing
agency, or (2) a new, unfilled agency position. Vacancy includes a position that is to
be filled through appointment of a nonlegislator by a legislator or group of legislators;
vacancy does not mean (1) a vacant position on an agency composed exclusively of
persons employed by a political subdivision or another agency, or (2) a vacancy to be filled
by a person required to have a specific title or position.

(c) "Secretary" means the secretary of state.

Sec. 10.

Minnesota Statutes 2006, section 204B.06, subdivision 4a, is amended to read:

Subd. 4a.

State and local offices.

Candidates who seek nomination for the
following offices shall state the following additional information on the affidavit:

(1) for governor or lieutenant governor, that on the first Monday of the next January
the candidate will be 25 years of age or older and, on the day of the state general election,
a resident of Minnesota for not less than one year;

(2) for Supreme Court justice, Court of Appeals judge, or district court judge, that
the candidate is learned in the law;

(3) for new text begin Metropolitan Council, new text end county, municipal, school district, or special district
office, that the candidate meets any other qualifications for that office prescribed by law;

(4) for senator or representative in the legislature, that on the day of the general or
special election to fill the office the candidate will have resided not less than one year in
the state and not less than six months in the legislative district from which the candidate
seeks election.

Sec. 11.

Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:

Subdivision 1.

Candidates in state and county general elections.

(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, new text begin Metropolitan Council, new text end state, and federal offices filled at the state general
election shall be filed not more than 70 days nor less than 56 days before the state primary.
The affidavit may be prepared and signed at any time between 60 days before the filing
period opens and the last day of the filing period.

(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
signed in the presence of a notarial officer or an individual authorized to administer oaths
under section 358.10.

(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions on or before
the state primary day pursuant to section 204B.07. Nominating petitions to fill vacancies
in nominations shall be filed as provided in section 204B.13. No affidavit or petition shall
be accepted later than 5:00 p.m. on the last day for filing.

(d) Affidavits and petitions for offices to be voted on in only one county shall be
filed with the county auditor of that county. Affidavits and petitions for offices to be voted
on in more than one county shall be filed with the secretary of state.

Sec. 12.

Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:

Subd. 1a.

Absent candidates.

A candidate for special district, county, new text begin Metropolitan
Council, new text end state, or federal office who will be absent from the state during the filing period
may submit a properly executed affidavit of candidacy, the appropriate filing fee, and any
necessary petitions in person to the filing officer. The candidate shall state in writing the
reason for being unable to submit the affidavit during the filing period. The affidavit, filing
fee, and petitions must be submitted to the filing officer during the seven days immediately
preceding the candidate's absence from the state. Nominating petitions may be signed
during the 14 days immediately preceding the date when the affidavit of candidacy is filed.

Sec. 13.

Minnesota Statutes 2006, section 204B.11, is amended to read:

204B.11 CANDIDATES; FILING FEES; PETITION IN PLACE OF FILING
FEE.

Subdivision 1.

Amount; dishonored checks; consequences.

Except as provided
by subdivision 2, a filing fee shall be paid by each candidate who files an affidavit of
candidacy. The fee shall be paid at the time the affidavit is filed. The amount of the filing
fee shall vary with the office sought as follows:

(a) for the office of governor, lieutenant governor, attorney general, state auditor,
secretary of state, representative in Congress, judge of the Supreme Court, judge of the
Court of Appeals, or judge of the district court, $300;

(b) for the office of senator in Congress, $400;

(c) for office of senator or representative in the legislature, $100;

(d) for a new text begin Metropolitan Council or new text end county office, $50; and

(e) for the office of soil and water conservation district supervisor, $20.

For the office of presidential elector, and for those offices for which no compensation
is provided, no filing fee is required.

The filing fees received by the county auditor shall immediately be paid to the
county treasurer. The filing fees received by the secretary of state shall immediately
be paid to the commissioner of finance.

When an affidavit of candidacy has been filed with the appropriate filing officer and
the requisite filing fee has been paid, the filing fee shall not be refunded. If a candidate's
filing fee is paid with a check, draft, or similar negotiable instrument for which sufficient
funds are not available or that is dishonored, notice to the candidate of the worthless
instrument must be sent by the filing officer via registered mail no later than immediately
upon the closing of the filing deadline with return receipt requested. The candidate will
have five days from the time the filing officer receives proof of receipt to issue a check
or other instrument for which sufficient funds are available. The candidate issuing the
worthless instrument is liable for a service charge pursuant to section 604.113. If adequate
payment is not made, the name of the candidate must not appear on any official ballot and
the candidate is liable for all costs incurred by election officials in removing the name
from the ballot.

Subd. 2.

Petition in place of filing fee.

At the time of filing an affidavit of
candidacy, a candidate may present a petition in place of the filing fee. The petition may
be signed by any individual eligible to vote for the candidate. A nominating petition filed
pursuant to section 204B.07 or 204B.13, subdivision 4, is effective as a petition in place of
a filing fee if the nominating petition includes a prominent statement informing the signers
of the petition that it will be used for that purpose.

The number of signatures on a petition in place of a filing fee shall be as follows:

(a) for a state office voted on statewide, or for president of the United States, or
United States senator, 2,000;

(b) for a congressional office, 1,000;

(c) for a county new text begin , Metropolitan Council, new text end or legislative office, or for the office of
district judge, 500; and

(d) for any other office which requires a filing fee as prescribed by law, municipal
charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
votes cast in the municipality, ward, or other election district at the preceding general
election at which that office was on the ballot.

An official with whom petitions are filed shall make sample forms for petitions in
place of filing fees available upon request.

Sec. 14.

Minnesota Statutes 2006, section 204B.135, subdivision 2, is amended to read:

Subd. 2.

Other election districts.

For purposes of this subdivision, "local
government election district" means a county district, park and recreation district, school
district, new text begin Metropolitan Council district, new text end or soil and water conservation district. Local
government election districts, other than city wards covered by subdivision 1, may not be
redistricted until precinct boundaries are reestablished under section 204B.14, subdivision
3, paragraph (c). Election districts covered by this subdivision must be redistricted within
80 days of the time when the legislature has been redistricted or at least 15 weeks before
the state primary election in the year ending in two, whichever comes first.

Sec. 15.

Minnesota Statutes 2006, section 204B.32, subdivision 2, is amended to read:

Subd. 2.

Allocation of election expenses.

The secretary of state shall develop
procedures for the allocation of election expenses among counties, municipalities, deleted text begin and deleted text end
school districts new text begin , and the Metropolitan Council new text end for elections that are held concurrently.
The following expenses must be included in the procedures: salaries of election judges;
postage for absentee ballots and applications; preparation of polling places; preparation
and testing of electronic voting systems; ballot preparation; publication of election notices
and sample ballots; transportation of ballots and election supplies; and compensation for
administrative expenses of the county auditor, municipal clerk, or school district clerk.

Sec. 16.

Minnesota Statutes 2006, section 204D.02, subdivision 1, is amended to read:

Subdivision 1.

Officers.

All elective state new text begin , Metropolitan Council, new text end and county
officers, justices of the Supreme Court, judges of the Court of Appeals and district court,
state senators and state representatives, and senators and representatives in Congress shall
be elected at the state general election held in the year before their terms of office expire.
Presidential electors shall be chosen at the state general election held in the year before the
expiration of a term of a president of the United States.

Sec. 17.

Minnesota Statutes 2006, section 204D.08, subdivision 6, is amended to read:

Subd. 6.

State and county nonpartisan primary ballot.

The state and county
nonpartisan primary ballot shall be headed "State and County Nonpartisan Primary
Ballot." It shall be printed on canary paper. The names of candidates for nomination to the
Supreme Court, Court of Appeals, district court, and all new text begin Metropolitan Council and new text end county
offices shall be placed on this ballot.

No candidate whose name is placed on the state and county nonpartisan primary
ballot shall be designated or identified as the candidate of any political party or in any
other manner except as expressly provided by law.

Sec. 18.

new text begin [204D.265] VACANCY IN OFFICE OF METROPOLITAN COUNCIL
MEMBER.
new text end

new text begin Subdivision 1. new text end

new text begin Election in 30 to 60 days. new text end

new text begin Except as provided in subdivision 3, a
vacancy in the office of Metropolitan Council member must be filled at a special election
scheduled by the Metropolitan Council on a date not less than 30 nor more than 60 days
after the vacancy occurs. The special primary or special election may be held on the
same day as a regular primary or regular election, but the special election must be held
not less than 14 days after the special primary. The person elected at the special election
must take office immediately after receipt of the certificate of election and upon taking the
oath of office and must serve the remainder of the unexpired term. If the Metropolitan
Council districts have been redrawn since the beginning of the term of the vacant office,
the election must be based on the district as redrawn.
new text end

new text begin Subd. 2. new text end

new text begin When victor seated immediately. new text end

new text begin If a vacancy for which a special
election is required occurs less than 60 days before the general election preceding the
end of the term, the vacancy must be filled by the person elected at that election for the
ensuing term and that person must take office immediately after receiving the certificate
of election and taking the oath of office.
new text end

new text begin Subd. 3. new text end

new text begin Inability or refusal to serve. new text end

new text begin In addition to when the events specified in
section happen, a vacancy in the office of Metropolitan Council member may be
declared by the Metropolitan Council when a member is unable to serve in the office or
attend council meetings for a 90-day period because of illness, or absence from or refusal
to attend council meetings for a 90-day period. If any of the conditions described or
referred to in this subdivision occur, the council may, after the council by resolution has
declared a vacancy to exist, appoint someone to fill the vacancy at a regular or special
meeting for the remainder of the unexpired term or until the ill or absent member is again
able to resume duties and attend council meetings, whichever is earlier. If the council
determines that the original member is again able to resume duties and attend council
meetings, the council must say so in a resolution and remove the appointed officeholder
and restore the original member to office.
new text end

Sec. 19.

Minnesota Statutes 2006, section 204D.27, is amended by adding a
subdivision to read:

new text begin Subd. 12. new text end

new text begin Special Metropolitan Council election. new text end

new text begin (a) State Canvassing Board.
Except as provided in subdivision 4, the State Canvassing Board shall complete its canvass
of a special election for Metropolitan Council member and declare the results within four
days after the returns of the county canvassing boards are certified to the secretary of
state, excluding Sundays and legal holidays.
new text end

new text begin (b) Election contest. In case of a contest of a special election for Metropolitan
Council member, the notice of contest must be filed within two days after the canvass is
completed, excluding Sundays and legal holidays. In other respects, the contest must
proceed in the manner provided by law for contesting elections.
new text end

new text begin (c) Certificate of election. A certificate of election in a special election for
Metropolitan Council member must be issued by the county auditor or the secretary of
state to the individual declared elected by the county or State Canvassing Board two days,
excluding Sundays and legal holidays, after the appropriate canvassing board finishes
canvassing the returns for the election. In case of a contest, the certificate must not be
issued until the district court decides the contest.
new text end

Sec. 20.

Minnesota Statutes 2006, section 209.02, subdivision 1, is amended to read:

Subdivision 1.

General.

Any eligible voter, including a candidate, may contest in
the manner provided in this chapter: (1) the nomination or election of any person for
whom the voter had the right to vote if that person is declared nominated or elected to the
senate or the house of representatives of the United States, or to a statewide, new text begin Metropolitan
Council, new text end county, legislative, municipal, school, or district court office; or (2) the declared
result of a constitutional amendment or other question voted upon at an election. The
contest may be brought over an irregularity in the conduct of an election or canvass of
votes, over the question of who received the largest number of votes legally cast, over
the number of votes legally cast in favor of or against a question, or on the grounds of
deliberate, serious, and material violations of the Minnesota Election Law.

Sec. 21.

Minnesota Statutes 2006, section 211A.01, subdivision 3, is amended to read:

Subd. 3.

Candidate.

"Candidate" means an individual who seeks nomination
or election to a county, municipal, school district, or other political subdivision
office. This definition does not include an individual seeking a judicial office new text begin or a
seat on the Metropolitan Council new text end . For purposes of sections 211A.01 to 211A.05 and
211A.07, "candidate" also includes a candidate for the United States Senate or House
of Representatives.

Sec. 22.

Minnesota Statutes 2006, section 211B.01, subdivision 3, is amended to read:

Subd. 3.

Candidate.

"Candidate" means an individual who seeks nomination or
election to a federal, statewide, new text begin Metropolitan Council, new text end legislative, judicial, or local office
including special districts, school districts, towns, home rule charter and statutory cities,
and counties, except candidates for president and vice-president of the United States.

Sec. 23.

Minnesota Statutes 2006, section 290.06, subdivision 23, is amended to read:

Subd. 23.

Refund of contributions to political parties and candidates.

(a) A
taxpayer may claim a refund equal to the amount of the taxpayer's contributions made
in the calendar year to candidates and to a political party. The maximum refund for
an individual must not exceed $50 and for a married couple, filing jointly, must not
exceed $100. A refund of a contribution is allowed only if the taxpayer files a form
required by the commissioner and attaches to the form a copy of an official refund receipt
form issued by the candidate or party and signed by the candidate, the treasurer of the
candidate's principal campaign committee, or the chair or treasurer of the party unit, after
the contribution was received. The receipt forms must be numbered, and the data on the
receipt that are not public must be made available to the campaign finance and public
disclosure board upon its request. A claim must be filed with the commissioner no sooner
than January 1 of the calendar year in which the contribution was made and no later
than April 15 of the calendar year following the calendar year in which the contribution
was made. A taxpayer may file only one claim per calendar year. Amounts paid by the
commissioner after June 15 of the calendar year following the calendar year in which the
contribution was made must include interest at the rate specified in section 270C.405.

(b) No refund is allowed under this subdivision for a contribution to a candidate
unless the candidate:

(1) has signed an agreement to limit campaign expenditures as provided in section
10A.322;

(2) is seeking an office for which voluntary spending limits are specified in section
10A.25; and

(3) has designated a principal campaign committee.

This subdivision does not limit the campaign expenditures of a candidate who does
not sign an agreement but accepts a contribution for which the contributor improperly
claims a refund.

(c) For purposes of this subdivision, "political party" means a major political party as
defined in section 200.02, subdivision 7, or a minor political party qualifying for inclusion
on the income tax or property tax refund form under section 10A.31, subdivision 3a.

A "major party" or "minor party" includes the aggregate of that party's organization
within each house of the legislature, the state party organization, and the party organization
within congressional districts, counties, legislative districts, municipalities, and precincts.

"Candidate" means a candidate as defined in section 10A.01, subdivision 10, except
a candidate for judicial office new text begin or the Metropolitan Council new text end .

"Contribution" means a gift of money.

(d) The commissioner shall make copies of the form available to the public and
candidates upon request.

(e) The following data collected or maintained by the commissioner under this
subdivision are private: the identities of individuals claiming a refund, the identities
of candidates to whom those individuals have made contributions, and the amount of
each contribution.

(f) The commissioner shall report to the campaign finance and public disclosure
board by each August 1 a summary showing the total number and aggregate amount of
political contribution refunds made on behalf of each candidate and each political party.
These data are public.

(g) The amount necessary to pay claims for the refund provided in this section is
appropriated from the general fund to the commissioner of revenue.

(h) For a taxpayer who files a claim for refund via the Internet or other electronic
means, the commissioner may accept the number on the official receipt as documentation
that a contribution was made rather than the actual receipt as required by paragraph (a).

Sec. 24.

Minnesota Statutes 2006, section 353D.01, subdivision 2, is amended to read:

Subd. 2.

Eligibility.

(a) Eligibility to participate in the defined contribution plan
is available to:

(1) elected local government officials of a governmental subdivision who elect to
participate in the plan under section 353D.02, subdivision 1, and who, for the elected
service rendered to a governmental subdivision, are not members of the Public Employees
Retirement Association within the meaning of section 353.01, subdivision 7;

(2) physicians who, if they did not elect to participate in the plan under section
353D.02, subdivision 2, would meet the definition of member under section 353.01,
subdivision 7;

(3) basic and advanced life support emergency medical service personnel employed
by any public ambulance service that elects to participate under section 353D.02,
subdivision 3;

(4) members of a municipal rescue squad associated with Litchfield in Meeker
County, or of a county rescue squad associated with Kandiyohi County, if an independent
nonprofit rescue squad corporation, incorporated under chapter 317A, performing
emergency management services, and if not affiliated with a fire department or ambulance
service and if its members are not eligible for membership in that fire department's or
ambulance service's relief association or comparable pension plan;

(5) employees of the Port Authority of the city of St. Paul who elect to participate in
the plan under section 353D.02, subdivision 5, and who are not members of the Public
Employees Retirement Association under section 353.01, subdivision 7;

(6) city managers who elected to be excluded from the general employees retirement
plan of the Public Employees Retirement Association under section 353.028 and who
elected to participate in the public employees defined contribution plan under section
353.028, subdivision 3, paragraph (b); and

(7) volunteer or emergency on-call firefighters serving in a municipal fire department
or an independent nonprofit firefighting corporation who are not covered by the public
employees police and fire retirement plan and who are not covered by a volunteer
firefighters relief association and who elect to participate in the public employees defined
contribution plan.

(b) For purposes of this chapter, an elected local government official includes a
person appointed to fill a vacancy in an elective office new text begin and a member of the Metropolitan
Council new text end . Service as an elected local government official only includes service for the
governmental subdivision for which the official was elected by the public-at-large. Service
as an elected local government official ceases and eligibility to participate terminates
when the person ceases to be an elected official. An elected local government official
does not include an elected county sheriff.

(c) Individuals otherwise eligible to participate in the plan under this subdivision
who are currently covered by a public or private pension plan because of their employment
or provision of services are not eligible to participate in the public employees defined
contribution plan.

(d) A former participant is a person who has terminated eligible employment or
service and has not withdrawn the value of the person's individual account.

Sec. 25.

Minnesota Statutes 2006, section 473.123, subdivision 1, is amended to read:

Subdivision 1.

Creation.

A Metropolitan Council with jurisdiction in the
metropolitan area is established as a public corporation and political subdivision of the
state. It shall be under the supervision and control of deleted text begin 17 deleted text end members deleted text begin , all of whom shall be
residents of the metropolitan area deleted text end new text begin elected from districts as provided in section 473.124 new text end .

Sec. 26.

Minnesota Statutes 2006, section 473.123, subdivision 4, is amended to read:

Subd. 4.

Chair; appointment, officers, selection; duties deleted text begin and compensation deleted text end .

(a)
The chair of the Metropolitan Council shall be deleted text begin appointed by the governor as the 17th
voting member thereof by and with the advice and consent of the senate to serve at the
pleasure of the governor to represent the metropolitan area at large. Senate confirmation
shall be as provided by section 15.066 deleted text end new text begin elected by, and from among, the members of the
council to serve a one-year term new text end .

The chair of the Metropolitan Council shall, if present, preside at meetings of the
council, have the primary responsibility for meeting with local elected officials, serve as
the principal legislative liaison, present to the governor and the legislature, after council
approval, the council's plans for regional governance and operations, serve as the principal
spokesperson of the council, and perform other duties assigned by the council or by law.

(b) The Metropolitan Council shall elect other officers as it deems necessary for the
conduct of its affairs for a one-year term. A secretary and treasurer need not be members
of the Metropolitan Council. Meeting times and places shall be fixed by the Metropolitan
Council and special meetings may be called by a majority of the members of the
Metropolitan Council or by the chair. deleted text begin The chair and each Metropolitan Council member
shall be reimbursed for actual and necessary expenses. The annual budget of the council
shall provide as a separate account anticipated expenditures for compensation, travel, and
associated expenses for the chair and members, and compensation or reimbursement shall
be made to the chair and members only when budgeted.
deleted text end

(c) Each member of the council shall attend and participate in council meetings
and meet regularly with local elected officials and legislative members from the council
member's district. Each council member shall serve on at least one division committee for
transportation, environment, or community development.

(d) In the performance of its duties the Metropolitan Council may adopt policies
and procedures governing its operation, establish committees, and, when specifically
authorized by law, make appointments to other governmental agencies and districts.

Sec. 27.

Minnesota Statutes 2006, section 473.123, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Compensation. new text end

new text begin Each Metropolitan Council member must be paid as
authorized by the Metropolitan Council. The chair and each Metropolitan Council member
must be reimbursed for actual and necessary expenses. The annual budget of the council
must provide, as a separate account, anticipated expenditures for compensation, travel,
and associated expenses for the chair and members, and compensation or reimbursement
must be made to the chair and members only when budgeted.
new text end

Sec. 28.

Minnesota Statutes 2006, section 473.123, subdivision 7, is amended to read:

Subd. 7.

Performance and budget analyst.

The council deleted text begin , other than the chair, deleted text end
may hire a performance and budget analyst to assist the deleted text begin 16 deleted text end council deleted text begin members deleted text end with
policy and budget analysis and evaluation of the council's performance. The analyst
may recommend and the council may hire up to two additional analysts to assist the
council with performance evaluation and budget analysis. The analyst and any additional
analysts hired shall serve at the pleasure of the council members. The deleted text begin 16 members of the deleted text end
council may prescribe all terms and conditions for the employment of the analyst and
any additional analysts hired, including, but not limited to, the fixing of compensation,
benefits, and insurance. The analyst shall prepare the budget for the provisions of this
deleted text begin section deleted text end new text begin subdivision new text end and submit the budget for council approval and inclusion in the
council's overall budget.

Sec. 29.

new text begin [473.124] METROPOLITAN COUNCIL ELECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Number of members. new text end

new text begin The Metropolitan Council consists of 16
members.
new text end

new text begin Subd. 2. new text end

new text begin Districts. new text end

new text begin (a) After the federal decennial census in 2010, and after each
federal decennial census thereafter, the Metropolitan Council must divide the metropolitan
area into as many districts as there are members. Each district is entitled to elect one
member. The districts must be bounded by town, municipal, ward, or precinct lines.
The districts must be composed of compact, convenient, and contiguous territory and
must be substantially equal in population. The population of the largest district must not
exceed the population of the smallest district by more than ten percent, unless the result
would force a voting precinct to be split. A Metropolitan Council district must not include
territory in more than one county unless necessary to meet equal-population requirements.
The districts must be numbered in a regular series.
new text end

new text begin (b) The districts must be redrawn within the time provided in section new text begin 204B.135,
subdivision 2 new text end . Before acting to redistrict, the council must publish in newspapers of
general circulation three weeks' notice of its purpose, stating the time and place of the
meeting where the matter will be considered. The council must file a map of the new
districts with the secretary of state.
new text end

new text begin Subd. 3. new text end

new text begin Terms. new text end

new text begin Members serve a term of four years, except to fill a vacancy.
There must be a new election of all members at the first election after each decennial
redistricting and the members elected at that election from districts with odd numbers
serve for an initial term of two years.
new text end

Sec. 30. new text begin INITIAL SALARY.
new text end

new text begin Notwithstanding section 27, the salary of members elected to the Metropolitan
Council at the general election in 2010 must not exceed $40,000.
new text end

Sec. 31. new text begin APPLICATION.
new text end

new text begin This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 32. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2006, section 473.123, subdivisions 2a, 3, 3a, and 3d, new text end new text begin are
repealed.
new text end

new text begin (b) Laws 1994, chapter 628, article 1, section 8, new text end new text begin is repealed.
new text end

Sec. 33. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective for the state primary in 2010 and thereafter, except that the
repeal of Minnesota Statutes 2006, section 473.123, subdivision 3d, is effective for the
state primary in 2012 and thereafter.
new text end