as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
---|---|---|
Introduction | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to the metropolitan council; providing for an 1.3 elected metropolitan council; providing for public 1.4 financing of campaigns for council seats; imposing 1.5 penalties; amending Minnesota Statutes 1994, sections 1.6 15.0597, subdivision 1; 15A.082, subdivision 3; 1.7 204B.09, subdivisions 1 and 1a; 204B.135, subdivision 1.8 2; 204B.32, subdivision 2; 353D.01, subdivision 2; and 1.9 473.123, subdivisions 1, 2a, 3a, 4, 7, and by adding 1.10 subdivisions; proposing coding for new law in 1.11 Minnesota Statutes, chapter 473; repealing Minnesota 1.12 Statutes 1994, section 473.123, subdivision 3. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. Minnesota Statutes 1994, section 15.0597, 1.15 subdivision 1, is amended to read: 1.16 Subdivision 1. [DEFINITIONS.] As used in this section, the 1.17 following terms shall have the meanings given them. 1.18 (a) "Agency" means (1) a state board, commission, council, 1.19 committee, authority, task force, including an advisory task 1.20 force created under section 15.014 or 15.0593, a group created 1.21 by executive order of the governor, or other similar multimember 1.22 agency created by law and having statewide jurisdiction; and (2) 1.23the metropolitan council,a metropolitan agency, capitol area 1.24 architectural and planning board, and any agency with a regional 1.25 jurisdiction created in this state pursuant to an interstate 1.26 compact. 1.27 (b) "Vacancy" or "vacant agency position" means (1) a 1.28 vacancy in an existing agency, or (2) a new, unfilled agency 1.29 position. Vacancy includes a position that is to be filled 2.1 through appointment of a nonlegislator by a legislator or group 2.2 of legislators; vacancy does not mean (1) a vacant position on 2.3 an agency composed exclusively of persons employed by a 2.4 political subdivision or another agency, or (2) a vacancy to be 2.5 filled by a person required to have a specific title or position. 2.6 (c) "Secretary" means the secretary of state. 2.7 Sec. 2. Minnesota Statutes 1994, section 15A.082, 2.8 subdivision 3, is amended to read: 2.9 Subd. 3. [SUBMISSION OF RECOMMENDATIONS.] (a) By May 1 in 2.10 each odd-numbered year, the compensation council shall submit to 2.11 the speaker of the house of representatives and the president of 2.12 the senate salary recommendations for constitutional officers, 2.13 legislators, justices of the supreme court, and judges of the 2.14 court of appeals, district court, county court, and county 2.15 municipal court. The recommended salary for each office must 2.16 take effect on the first Monday in January of the next 2.17 odd-numbered year, with no more than one adjustment, to take 2.18 effect on January 1 of the year after that. The salary 2.19 recommendations for legislators, judges, and constitutional 2.20 officers take effect if an appropriation of money to pay the 2.21 recommended salaries is enacted after the recommendations are 2.22 submitted and before their effective date. Recommendations may 2.23 be expressly modified or rejected. The salary recommendations 2.24 for legislators are subject to additional terms that may be 2.25 adopted according to section 3.099, subdivisions 1 and 3. 2.26 (b) The council shall also submit to the speaker of the 2.27 house of representatives and the president of the senate 2.28 recommendations for the salary ranges of the heads of state and 2.29 metropolitan agencies, to be effective retroactively from 2.30 January 1 of that year if enacted into law. The recommendations 2.31 shall include the appropriate group in section 15A.081 to which 2.32 each agency head should be assigned and the appropriate 2.33 limitation on the maximum range of the salaries of the agency 2.34 heads in each group, expressed as a percentage of the salary of 2.35 the governor. 2.36(c) The council shall also submit to the speaker of the3.1house of representatives and the president of the senate3.2recommendations for the salaries of members of the metropolitan3.3council.3.4 Sec. 3. Minnesota Statutes 1994, section 204B.09, 3.5 subdivision 1, is amended to read: 3.6 Subdivision 1. [CANDIDATES IN STATE AND COUNTY GENERAL 3.7 ELECTIONS.] Except as otherwise provided by this subdivision, 3.8 affidavits of candidacy and nominating petitions for county, 3.9 metropolitan council, state and federal offices filled at the 3.10 state general election shall be filed not more than 70 days nor 3.11 less than 56 days before the state primary. The affidavit may 3.12 be prepared and signed at any time between 60 days before the 3.13 filing period opens and the last day of the filing period. 3.14 Notwithstanding other law to the contrary, the affidavit of 3.15 candidacy must be signed in the presence of a notarial officer. 3.16 Candidates for presidential electors may file petitions on or 3.17 before the state primary day. Nominating petitions to fill 3.18 vacancies in nominations shall be filed as provided in section 3.19 204B.13. No affidavit or petition shall be accepted later than 3.20 5:00 p.m. on the last day for filing. Affidavits and petitions 3.21 for offices to be voted on in only one county shall be filed 3.22 with the county auditor of that county. Affidavits and 3.23 petitions for offices to be voted on in more than one county 3.24 shall be filed with the secretary of state. 3.25 Sec. 4. Minnesota Statutes 1994, section 204B.09, 3.26 subdivision 1a, is amended to read: 3.27 Subd. 1a. [ABSENT CANDIDATES.] A candidate for county, 3.28 metropolitan council, state, or federal office who will be 3.29 absent from the state during the filing period may submit a 3.30 properly executed affidavit of candidacy, the appropriate filing 3.31 fee, and any necessary petitions in person to the filing 3.32 officer. The candidate shall state in writing the reason for 3.33 being unable to submit the affidavit during the filing period. 3.34 The affidavit, filing fee, and petitions must be submitted to 3.35 the filing officer during the seven days immediately preceding 3.36 the candidate's absence from the state. Nominating petitions 4.1 may be signed during the 14 days immediately preceding the date 4.2 when the affidavit of candidacy is filed. 4.3 Sec. 5. Minnesota Statutes 1994, section 204B.135, 4.4 subdivision 2, is amended to read: 4.5 Subd. 2. [OTHER ELECTION DISTRICTS.] For purposes of this 4.6 subdivision, "local government election district" means a county 4.7 district, park and recreation district, school district, 4.8 metropolitan council district, or soil and water conservation 4.9 district. Local government election districts, other than city 4.10 wards covered by subdivision 1, may not be redistricted until 4.11 precinct boundaries are reestablished under section 204B.14, 4.12 subdivision 3, paragraph (c). Election districts covered by 4.13 this subdivision must be redistricted within 80 days of the time 4.14 when the legislature has been redistricted or at least 15 weeks 4.15 before the state primary election in the year ending in two, 4.16 whichever comes first. 4.17 Sec. 6. Minnesota Statutes 1994, section 204B.32, 4.18 subdivision 2, is amended to read: 4.19 Subd. 2. [ALLOCATION OF COSTS.] Municipalities or counties 4.20 may allocate the costs of conducting elections to school 4.21 districts and the metropolitan council for payment of their 4.22 proportionate share of such expenses for elections held at the 4.23 same time as the regular municipal or county primary and general 4.24 election. Allocated costs include expenses for election 4.25 equipment and supplies; polling locations; personnel (including 4.26 election judge compensation and the portion of salaries of 4.27 election administrative and technical employees attributable to 4.28 the preparation and conduct of the election); transportation 4.29 related to the conduct of the election; required election 4.30 notices and newspaper publication of election information; 4.31 communications devices; and postage (including mailings to 4.32 election judges and for absentee voter applications and ballots). 4.33 Sec. 7. Minnesota Statutes 1994, section 353D.01, 4.34 subdivision 2, is amended to read: 4.35 Subd. 2. [ELIGIBILITY.] Except as provided in section 4.36 353D.11, eligibility to participate in the defined contribution 5.1 plan is open to an elected local government official of a 5.2 governmental subdivision who elects to participate in the plan 5.3 and who, for the elected service rendered to a governmental 5.4 subdivision, is not a member of the public employees retirement 5.5 association within the meaning of section 353.01, subdivision 7, 5.6 and to basic and advanced life support emergency medical service 5.7 personnel employed by or providing services for any public 5.8 ambulance service or privately operated ambulance service that 5.9 receives an operating subsidy from a governmental entity that 5.10 elects to participate. 5.11 For purposes of this chapter, an elected local government 5.12 official includes a person appointed to fill a vacancy in an 5.13 elective office and a member of the metropolitan council. 5.14 Service as an elected local government official only includes 5.15 service for the governmental subdivision for which the official 5.16 was elected by the public-at-large. Service as an elected local 5.17 government official ceases and eligibility to participate 5.18 terminates when the person ceases to be an elected official. An 5.19 elected local government official does not include an elected 5.20 county sheriff. 5.21 Except as provided in section 353D.11, elected local 5.22 government officials and first response personnel and emergency 5.23 medical service personnel who are currently covered by a public 5.24 or private pension plan because of their employment or provision 5.25 of services are not eligible to participate in the public 5.26 employees defined contribution plan. 5.27 A former participant is a person who has ceased to be an 5.28 elected local government official or an emergency medical 5.29 service employee and who has not withdrawn the value of an 5.30 individual account. 5.31 Sec. 8. Minnesota Statutes 1994, section 473.123, 5.32 subdivision 1, is amended to read: 5.33 Subdivision 1. [CREATION.] A metropolitan council with 5.34 jurisdiction in the metropolitan area is established as a public 5.35 corporation and political subdivision of the state. It shall be 5.36 under the supervision and control of1716 members, all of whom 6.1 shall be residents of the metropolitan area. 6.2 Sec. 9. Minnesota Statutes 1994, section 473.123, 6.3 subdivision 2a, is amended to read: 6.4 Subd. 2a. [TERMS.] Following each apportionment of council 6.5 districts, as provided under subdivision 3a, council members 6.6 must beappointedelected on a nonpartisan basis from newly 6.7 drawn districts as provided in subdivision 3a. Each council 6.8 member, other than the chair, must reside in the council 6.9 district represented. Each council district must be represented 6.10 by one member of the council. The terms of membersend with the6.11term of the governor, except that all terms expire on the6.12effective date of the next apportionment. A member serves at6.13the pleasure of the governor.are as follows: members 6.14 representing even-numbered districts for terms ending the first 6.15 Monday in January of the year ending in the numeral "7"; members 6.16 representing odd-numbered districts for terms ending the first 6.17 Monday in January of the year ending in the numeral "5". 6.18 Thereafter the term of each member is four years, with terms 6.19 ending the first Monday in January, except that all terms expire 6.20 the first Monday in January after the effective date of the next 6.21 apportionment. A member shall continue to serve the member's 6.22 district until a successor isappointedelected and qualified;6.23except that, following each apportionment, the member shall6.24continue to serve at large until the governor appoints 166.25council members, one from each of the newly drawn council6.26districts as provided under subdivision 3a, to serve terms as6.27provided under this section. The appointment to the council6.28must be made by the first Monday in March of the year in which6.29the term ends. 6.30 Sec. 10. Minnesota Statutes 1994, section 473.123, 6.31 subdivision 3a, is amended to read: 6.32 Subd. 3a. [REDISTRICTING.] Thelegislaturemetropolitan 6.33 council shall redraw the boundaries of the council districts 6.34 after each decennial federal censusso that each district has6.35substantially equal population. Redistricting is effective in6.36the year ending in the numeral "3." Within 60 days after a7.1redistricting plan takes effect, the governor shall appoint7.2memberswithin the time provided in section 204B.135, 7.3 subdivision 2. Council districts must be bounded by town, 7.4 municipal, ward, or precinct lines. A district must be composed 7.5 of contiguous territory as regular and compact in form as 7.6 practicable, and the districts must be as nearly equal in 7.7 population as possible. No district may vary in population more 7.8 than ten percent from the average for all districts, unless the 7.9 result forces a voting precinct to be split. A majority of the 7.10 least populous districts must contain not less than a majority 7.11 of the population of the metropolitan area. If it appears after 7.12 a federal census that the districts are not in accord with the 7.13 standards in this subdivision, the council must be redistricted 7.14 within the times set in section 204B.135, subdivision 2. Before 7.15 acting to redistrict, the council shall publish three weeks' 7.16 notice of its purpose, stating the time and place of the meeting 7.17 where the matter will be considered, in newspapers of general 7.18 circulation. Council members elected from the newly drawn 7.19 districtstoserve terms as provided under subdivision 2a. 7.20 Sec. 11. Minnesota Statutes 1994, section 473.123, is 7.21 amended by adding a subdivision to read: 7.22 Subd. 3d. [ELECTIONS; PROCEDURES.] (a) Except as provided 7.23 in this section, Minnesota election law applies to council 7.24 elections as far as practicable. 7.25 (b) Affidavits of candidacy must be filed with the 7.26 secretary of state as provided under section 204B.06. 7.27 (c) The filing fee is the same as for county office as 7.28 provided in section 204B.11, subdivision 1, paragraph (d). 7.29 (d) At the time of filing an affidavit of candidacy, a 7.30 candidate may present a petition in place of the filing fee with 7.31 the same number of signatures required for a candidate for 7.32 county office in section 204B.11, subdivision 2. 7.33 (e) Council members must be elected at the state and county 7.34 general election held in the year before the terms of office 7.35 that they seek expire. 7.36 Sec. 12. Minnesota Statutes 1994, section 473.123, 8.1 subdivision 4, is amended to read: 8.2 Subd. 4. [CHAIR;APPOINTMENT,OFFICERS,; SELECTION; DUTIES 8.3AND COMPENSATION.] (a) The chair of the metropolitan council 8.4shall be appointed by the governor as the 17th voting member8.5thereof by and with the advice and consent of the senate to8.6serve at the pleasure of the governor to represent the8.7metropolitan area at large. Senate confirmation shall be as8.8provided by section 15.066must be elected by and from among the 8.9 members of the council at the first meeting of the council after 8.10 the first Monday in January each year and serves for a term of 8.11 one year. In the event of a tie vote, the chair shall decide 8.12 the issue. 8.13 The chair of the metropolitan council shall, if present, 8.14 preside at meetings of the council, have the primary 8.15 responsibility for meeting with local elected officials, serve 8.16 as the principal legislative liaison, present to the governor 8.17 and the legislature, after council approval, the council's plans 8.18 for regional governance and operations, serve as the principal 8.19 spokesperson of the council, and perform other duties assigned 8.20 by the council or by law. 8.21 (b) The metropolitan council shall elect other officers as 8.22 it deems necessary for the conduct of its affairs for a one-year 8.23 term. A secretary and treasurer need not be members of the 8.24 metropolitan council. Meeting times and places shall be fixed 8.25 by the metropolitan council and special meetings may be called 8.26 by a majority of the members of the metropolitan council or by 8.27 the chair.The chair and each metropolitan council member shall8.28be reimbursed for actual and necessary expenses. The annual8.29budget of the council shall provide as a separate account8.30anticipated expenditures for compensation, travel, and8.31associated expenses for the chair and members, and compensation8.32or reimbursement shall be made to the chair and members only8.33when budgeted.8.34 (c) Each member of the council shall attend and participate 8.35 in council meetings and meet regularly with local elected 8.36 officials and legislative members from the council member's 9.1 district. Each council member shall serve on at least one 9.2 division committee for transportation, environment, or community 9.3 development. 9.4 (d) In the performance of its duties the metropolitan 9.5 council may adopt policies and procedures governing its 9.6 operation, establish committees, and, when specifically 9.7 authorized by law, make appointments to other governmental 9.8 agencies and districts. 9.9 Sec. 13. Minnesota Statutes 1994, section 473.123, is 9.10 amended by adding a subdivision to read: 9.11 Subd. 4a. [COMPENSATION.] Each metropolitan council member 9.12 must be paid as authorized by the metropolitan council. The 9.13 chair and each metropolitan council member must be reimbursed 9.14 for actual and necessary expenses. The annual budget of the 9.15 council must provide as a separate account anticipated 9.16 expenditures for compensation, travel, and associated expenses 9.17 for the chair and members, and compensation or reimbursement 9.18 must be made to the chair and members only when budgeted. 9.19 Sec. 14. Minnesota Statutes 1994, section 473.123, 9.20 subdivision 7, is amended to read: 9.21 Subd. 7. [PERFORMANCE AND BUDGET ANALYST.] The council,9.22other than the chair,may hire a performance and budget analyst 9.23 to assist the16councilmemberswith policy and budget analysis 9.24 and evaluation of the council's performance. The analyst may 9.25 recommend and the council may hire up to two additional analysts 9.26 to assist the council with performance evaluation and budget 9.27 analysis. The analyst and any additional analysts hired shall 9.28 serve at the pleasure of the council members. The16 members of9.29thecouncil may prescribe all terms and conditions for the 9.30 employment of the analyst and any additional analysts hired, 9.31 including, but not limited to, the fixing of compensation, 9.32 benefits, and insurance. The analyst shall prepare the budget 9.33 for the provisions of thissectionsubdivision and submit the 9.34 budget for council approval and inclusion in the council's 9.35 overall budget. 9.36 Sec. 15. [473.124] [METROPOLITAN COUNCIL; CAMPAIGN 10.1 FINANCING; DISCLOSURE OF ECONOMIC INTERESTS; CONFLICTS OF 10.2 INTEREST.] 10.3 Sections 473.124 to 473.1259 apply to the financing of 10.4 campaigns for metropolitan council, disclosure of economic 10.5 interests by candidates and elected members of the metropolitan 10.6 council, and conflict of interest for members of the 10.7 metropolitan council. Sections 211A.02 to 211A.07 do not apply 10.8 to the financing of campaigns for elections to the metropolitan 10.9 council. 10.10 Sec. 16. [473.1241] [DEFINITIONS.] 10.11 Subdivision 1. [APPLICABILITY.] For the purposes of 10.12 sections 473.124 to 473.1259, the terms defined in this section 10.13 have the meanings given them. The terms defined in chapter 200 10.14 also apply to sections 473.124 to 473.1259, unless a different 10.15 meaning is specified in this section. 10.16 Subd. 2. [ADVANCE OF CREDIT.] "Advance of credit" means 10.17 any money owed for goods provided or services rendered. An 10.18 advance of credit is an expenditure in the year in which the 10.19 goods or services are used or consumed. Advance of credit does 10.20 not mean "loan" as defined in subdivision 11. 10.21 Subd. 3. [ASSOCIATION.] "Association" means a business, 10.22 corporation, firm, partnership, committee, labor organization, 10.23 club, or any other group of two or more persons, which includes 10.24 more than an immediate family, acting in concert. 10.25 Subd. 4. [BOARD.] "Board" means the ethical practices 10.26 board. 10.27 Subd. 5. [BUSINESS WITH WHICH THE INDIVIDUAL IS 10.28 ASSOCIATED.] "Business with which the individual is associated" 10.29 means any association in connection with which the individual is 10.30 compensated in excess of $50 except for actual and reasonable 10.31 expenses in any month as a director, officer, owner, member, 10.32 partner, employer or employee, or is a holder of securities 10.33 worth $2,500 or more at fair market value. 10.34 Subd. 6. [CANDIDATE.] "Candidate" means an individual, not 10.35 within the definition of candidate in section 10A.01, 10.36 subdivision 5, who seeks nomination or election to the 11.1 metropolitan council. 11.2 Subd. 7. [CONTRIBUTION.] "Contribution" means a transfer 11.3 of funds or a donation in kind. 11.4 (a) Contribution includes a loan or advance of credit to a 11.5 political committee, political fund, or principal campaign 11.6 committee, if that loan or advance of credit is (1) forgiven, or 11.7 (2) paid by an entity other than the political committee, 11.8 political fund, or principal campaign committee to which the 11.9 loan or advance of credit is made. 11.10 (b) Contribution does not include services provided without 11.11 compensation by an individual volunteering personal time on 11.12 behalf of a candidate, political committee, or political fund, 11.13 or the publishing or broadcasting of news items or editorial 11.14 comments by the news media. 11.15 Subd. 8. [DONATION IN KIND.] "Donation in kind" means 11.16 anything of value other than money or negotiable instruments 11.17 given by an individual or association to a political committee, 11.18 political fund, or principal campaign committee to influence the 11.19 outcome of an election. 11.20 Subd. 9. [ELECTION.] "Election" means an election held to 11.21 nominate or elect a candidate to the metropolitan council. 11.22 Subd. 10. [EXPENDITURE.] "Expenditure" means a purchase or 11.23 payment of money or anything of value or an advance of credit 11.24 made or incurred to influence the outcome of any election. 11.25 Expenditure does not include services provided without 11.26 compensation by an individual volunteering personal time on 11.27 behalf of a candidate, political committee, or political fund, 11.28 or the publishing or broadcasting of news items or editorial 11.29 comments by the news media. 11.30 Subd. 11. [LOAN.] "Loan" means an advance of money or 11.31 anything of value made to a political committee, political fund, 11.32 or principal campaign committee. 11.33 Subd. 12. [POLITICAL COMMITTEE.] "Political committee" 11.34 means a political party, association, or person other than an 11.35 individual that seeks as its major purpose to influence the 11.36 outcome of an election. 12.1 Subd. 13. [POLITICAL FUND.] "Political fund" means an 12.2 accumulation of dues or voluntary contributions by an 12.3 association other than a political committee that is collected 12.4 or expended to influence the outcome of an election. 12.5 Subd. 14. [PRINCIPAL CAMPAIGN COMMITTEE.] "Principal 12.6 campaign committee" means the single political committee 12.7 designated by a candidate. 12.8 Subd. 15. [TRANSFER OF FUNDS OR TRANSFER.] "Transfer of 12.9 funds" or "transfer" means money or negotiable instruments given 12.10 by an individual or association to a political committee, 12.11 political fund, or principal campaign committee to influence the 12.12 outcome of an election. 12.13 Sec. 17. [473.1242] [POLITICAL COMMITTEES; METROPOLITAN 12.14 COUNCIL ELECTIONS.] 12.15 Subdivision 1. [OFFICERS.] A political committee must have 12.16 a chair and a treasurer, who may be the same individual. The 12.17 treasurer may designate deputy treasurers and is responsible for 12.18 their accounts. The treasurer shall designate a single 12.19 depository and account for all contributions received by the 12.20 political committee. 12.21 Subd. 2. [PROHIBITIONS; ACCEPTANCE OF CERTAIN 12.22 CONTRIBUTIONS; COMMINGLING OF FUNDS; PENALTY.] A contribution 12.23 must not be accepted and an expenditure must not be made by or 12.24 on behalf of a political committee while the office of treasurer 12.25 is vacant. An anonymous contribution in excess of $20 must not 12.26 be retained by the political committee but must be forwarded to 12.27 the state ethical practices board and deposited in the general 12.28 fund. Funds of the political committee must not be commingled 12.29 with the personal funds of an officer, member, or associate of 12.30 the committee. An individual who violates this subdivision is 12.31 guilty of a misdemeanor. 12.32 Sec. 18. [473.1243] [POLITICAL FUNDS.] 12.33 Subdivision 1. [WHEN REQUIRED.] An association other than 12.34 a political committee must not transfer more than $100 in 12.35 aggregate in any year to candidates or political committees or 12.36 make any expenditure unless the transfer or expenditure is made 13.1 from a political fund. 13.2 Subd. 2. [TREASURER; COMMINGLING OF FUNDS; ANONYMOUS 13.3 CONTRIBUTIONS.] An association that has a political fund shall 13.4 elect or appoint a treasurer of the political fund. 13.5 Contributions to the political fund must not be accepted and 13.6 expenditures from the fund must not be made while the office of 13.7 treasurer is vacant. The contents of the political fund must 13.8 not be commingled with other funds or with the personal funds of 13.9 an officer or member of the fund. An anonymous contribution in 13.10 excess of $20 must not be retained by the political fund but 13.11 must be forwarded to the state ethical practices board and 13.12 deposited in the general fund. 13.13 Subd. 3. [USE OF DUES AND MEMBERSHIP FEES.] 13.14 Notwithstanding subdivision 1, an association may, if not 13.15 prohibited by other law, deposit in its political fund money 13.16 derived from dues or membership fees. The treasurer of the 13.17 fund, in any report required by section 473.1247, shall disclose 13.18 the name of any member whose dues, membership fees, and 13.19 contributions deposited in the political fund in any year exceed 13.20 $50 in the aggregate. 13.21 Subd. 4. [PENALTY.] A person who knowingly violates this 13.22 section is guilty of a misdemeanor. 13.23 Sec. 19. [473.1244] [PRINCIPAL CAMPAIGN COMMITTEE.] 13.24 A candidate who receives contributions or makes 13.25 expenditures in excess of $100 shall designate and cause to be 13.26 formed a single political committee known as the candidate's 13.27 principal campaign committee. The candidate shall make 13.28 expenditures only through the candidate's principal campaign 13.29 committee. The candidate may be the chair and treasurer of the 13.30 principal campaign committee. 13.31 Sec. 20. [473.1245] [REGISTRATION OF POLITICAL COMMITTEES 13.32 AND POLITICAL FUNDS.] 13.33 Subdivision 1. [FILING OFFICE; DEADLINE.] A political 13.34 committee, political fund, and principal campaign committee 13.35 shall register with the board within 14 days after the date by 13.36 which the committee or fund has received contributions or made 14.1 expenditures in excess of $100. 14.2 Subd. 2. [STATEMENT REQUIRED.] A political committee or 14.3 fund registers by filing a statement of organization that 14.4 includes: 14.5 (1) the name and address of the political committee or 14.6 fund; 14.7 (2) the name and address of the chair, the treasurer, and 14.8 any deputy treasurers; 14.9 (3) the name and address of the depository used by the 14.10 committee or fund; 14.11 (4) the name and address of any supporting association of a 14.12 political fund; and 14.13 (5) a statement as to whether the committee is a principal 14.14 campaign committee. 14.15 The statement of organization must be filed by the 14.16 treasurer of the political committee, political fund, or 14.17 principal campaign committee. 14.18 Sec. 21. [473.1246] [ACCOUNTS WHICH MUST BE KEPT.] 14.19 Subdivision 1. [CONTRIBUTIONS; EXPENDITURES; TRANSFERS.] 14.20 The treasurer of a political committee, political fund, or 14.21 principal campaign committee shall keep an account of: 14.22 (1) the sum of all contributions, except any donation in 14.23 kind valued at $20 or less, made to the political committee or 14.24 fund; 14.25 (2) the name and address of each source of a transfer or 14.26 donation in kind in excess of $20, together with the date and 14.27 amount; 14.28 (3) each expenditure made by or on behalf of the committee 14.29 together with the date and amount; and 14.30 (4) the name and address of each political committee or 14.31 fund to which transfers in excess of $20 have been made, 14.32 together with the dates and amounts. 14.33 Subd. 2. [AUTHORIZATION OF EXPENDITURES; RECEIPTS.] An 14.34 expenditure by a political committee, political fund, or 14.35 principal campaign committee must be authorized by the 14.36 treasurer. The treasurer may authorize not more than $20 per 15.1 week as petty cash for miscellaneous expenditures. The 15.2 treasurer shall obtain a receipted bill stating the particulars 15.3 for every expenditure of more than $100 made by or on behalf of 15.4 the political committee or political fund, and for any 15.5 expenditure of a lesser amount, if the aggregate amount of 15.6 lesser expenditures to the same individual or association during 15.7 a year exceeds $100. 15.8 Sec. 22. [473.1247] [CAMPAIGN REPORTS.] 15.9 Subdivision 1. [COMMITTEES REQUIRED TO REPORT; DEADLINES.] 15.10 The treasurer of a political committee, political fund, or 15.11 principal campaign committee required to register under section 15.12 473.1245 shall file campaign reports with the board. In each 15.13 year in which the name of the candidate is on the ballot, the 15.14 report of the principal campaign committee must be filed ten 15.15 days before a regular primary and a regular election. Political 15.16 committees and political funds other than principal campaign 15.17 committees shall file campaign reports ten days before a regular 15.18 primary or regular election. The treasurer of a principal 15.19 campaign committee shall file additional reports ten days before 15.20 a special primary or other special election and 30 days after a 15.21 special election. The reports must cover the period from the 15.22 last day of the previous reporting period to seven days before 15.23 the filing date. An additional campaign report must be filed by 15.24 all treasurers on January 31 of each year covering the period 15.25 from the last day of the previous reporting period to December 15.26 31 of the preceding calendar year. 15.27 Subd. 2. [CONTENT OF REPORTS.] A campaign report required 15.28 under this section must disclose: 15.29 (1) the amount of liquid assets on hand at the beginning of 15.30 the reporting period; 15.31 (2) the name, address, and employer, or occupation if 15.32 self-employed, of each individual, political committee, or 15.33 political fund that made transfers or donations in kind to the 15.34 political committee in an aggregate amount or value in excess of 15.35 $100, together with the amounts and dates; 15.36 (3) the sum of all contributions made to the political 16.1 committee or political fund; 16.2 (4) each loan made or received by the political committee 16.3 or political fund within the year in aggregate in excess of 16.4 $100, together with the name, address, occupation, and the 16.5 principal place of business, if any, of the lender and any 16.6 endorser and the date and amount of the loan. A loan made to a 16.7 political committee or political fund that is forgiven or is 16.8 repaid by an entity other than that political committee or 16.9 political fund must be reported as a contribution; 16.10 (5) the sum of all receipts, including all contributions 16.11 and loans, during the reporting period; 16.12 (6) the name and address of each person to whom aggregate 16.13 expenditures have been made by or on behalf of the political 16.14 committee or political fund within the year in excess of $100; 16.15 the amount, date, and purpose of each expenditure; and the name 16.16 and address of the candidate supported or opposed by the 16.17 expenditure; 16.18 (7) the sum of all expenditures made by the political 16.19 committee or political fund; 16.20 (8) the amount and nature of any advance of credit incurred 16.21 by the political committee or political fund continuously 16.22 reported until paid or forgiven. An advance of credit incurred 16.23 by a political committee or political fund that is forgiven or 16.24 is paid by an entity other than that political committee or 16.25 political fund must be reported as a donation in kind; 16.26 (9) the name and address of each political committee or 16.27 political fund to which aggregate transfers in excess of $100 16.28 have been made within the year, together with the amount and 16.29 date of each transfer; 16.30 (10) the sum of all transfers made to political committees 16.31 or political funds; and 16.32 (11) the sum of all disbursements not made to influence the 16.33 outcome of an election. 16.34 Subd. 3. [TERMINATION REPORTS.] A political committee or 16.35 political fund may dissolve upon filing of a termination report 16.36 indicating that the committee or fund has settled all of its 17.1 debts and disposed of all assets in excess of $100. The 17.2 termination report must include all information required in a 17.3 periodic campaign report. 17.4 Sec. 23. [473.1248] [EXPENDITURES BY INDIVIDUALS; 17.5 REPORTS.] 17.6 (a) An individual who makes expenditures in an aggregate 17.7 amount of $100 or more in any year, which are not required to be 17.8 reported by any political committee or political fund as 17.9 contributions to that political committee or political fund but 17.10 which were made with the cooperation or express or implied 17.11 consent of a candidate, political committee, or agent of a 17.12 candidate or political committee, shall file campaign reports in 17.13 the form required by section 473.1247 with respect to those 17.14 expenditures. 17.15 (b) Paragraph (a) does not apply to an individual's 17.16 expenditures made expressly to advocate the election or defeat 17.17 of a clearly identified candidate. 17.18 Sec. 24. [473.1249] [ADDITIONAL INFORMATION TO BE 17.19 DISCLOSED.] 17.20 Subdivision 1. [EARMARKED CONTRIBUTIONS PROHIBITED.] An 17.21 individual, political committee, or political fund may not 17.22 solicit or accept a contribution from any source with the 17.23 express or implied condition that the contribution or any part 17.24 of it be directed to a particular candidate other than the 17.25 initial recipient. An individual, political committee, or 17.26 political fund who knowingly accepts any earmarked contribution 17.27 is guilty of a gross misdemeanor. 17.28 Subd. 2. [BILLS WHEN RENDERED.] A person who has a bill, 17.29 charge, or claim against a political committee or political fund 17.30 for any expenditure shall render in writing to the treasurer of 17.31 the committee or fund the bill, charge, or claim within 60 days 17.32 after the material or service is provided. Failure to present 17.33 the bill, charge, or claim as required by this subdivision is a 17.34 petty misdemeanor. 17.35 Sec. 25. [473.1251] [CIRCUMVENTION PROHIBITED.] 17.36 A person who attempts to circumvent disclosure of the 18.1 source or amount of contributions or expenditures by redirecting 18.2 funds through or contributing funds on behalf of another person 18.3 is guilty of a misdemeanor. 18.4 Sec. 26. [473.1252] [ECONOMIC REPRISALS PROHIBITED.] 18.5 (a) An individual or association must not engage in 18.6 economic reprisals or threaten loss of employment or physical 18.7 coercion against any individual or association because of the 18.8 political contributions or political activity of that individual 18.9 or association. 18.10 (b) Paragraph (a) does not apply to compensation for 18.11 employment or loss of employment when the political affiliation 18.12 or viewpoint of the employee is a bona fide occupational 18.13 qualification of the employment. 18.14 (c) Violation of this subdivision is a misdemeanor. 18.15 Sec. 27. [473.1253] [ECONOMIC INTEREST DISCLOSURE.] 18.16 Subdivision 1. [OFFICIALS REQUIRED TO FILE; DEADLINES.] A 18.17 candidate for the metropolitan council shall file statements of 18.18 economic interest as required by this section with the board. A 18.19 candidate shall file an original statement within 14 days of the 18.20 filing of an affidavit or petition to appear on the ballot. All 18.21 elected members shall file an original statement of economic 18.22 interest 60 days after forms for disclosure are provided to the 18.23 filing officer. An individual required to file a statement 18.24 shall file a supplementary statement on April 15 of each year in 18.25 which the individual remains a candidate or elected official. 18.26 An official required to file a statement of economic interest 18.27 under section 10A.09 is not required to comply with this section. 18.28 Subd. 2. [CONTENT OF STATEMENT.] (a) An individual 18.29 required to file a statement of economic interest shall disclose: 18.30 (1) the individual's name, address, occupation, and 18.31 principal place of business; 18.32 (2) the name of each business with which the individual or 18.33 spouse is associated and the nature of that association; 18.34 (3) all income received by the candidate or spouse in 18.35 excess of $500 and any source of such income; 18.36 (4) all stock in any one company with a market value of 19.1 $2,500 or more owned by the individual or spouse; 19.2 (5) a listing of all real property within the state, 19.3 excluding homestead property, in which the individual or spouse 19.4 holds: 19.5 (i) a fee simple interest, mortgage, contract for deed as 19.6 buyer or seller, or option to buy, whether direct or indirect, 19.7 and which interest has a market value in excess of $2,500 as 19.8 shown on the real estate tax statement for the property; or 19.9 (ii) an option to buy, which property has a fair market 19.10 value of $50,000 or more; 19.11 (6) a listing of all real property within the state in 19.12 which a partnership of which the individual or spouse is a 19.13 member holds: 19.14 (i) a fee simple interest, mortgage, contract for deed as 19.15 buyer or seller, or option to buy, whether direct or indirect, 19.16 if the individual's or spouse's share of the partnership 19.17 interest has a market value in excess of $2,500 as shown on the 19.18 real estate tax statement for the property; or 19.19 (ii) an option to buy, which property has a fair market 19.20 value of $50,000 or more; and 19.21 (7) in supplementary statements only, the amount of each 19.22 honorarium in excess of $50 received by the individual since the 19.23 last statement, together with the name and address of the source. 19.24 (b) A listing under paragraph (a), clause (5) or (6), must 19.25 indicate the street address and the municipality or the section, 19.26 township range, and approximate acreage, whichever applies, and 19.27 the county in which the property is located. 19.28 Sec. 28. [473.1254] [REPORTS AND STATEMENTS; 19.29 REQUIREMENTS.] 19.30 Subdivision 1. [CERTIFICATION.] A report or statement 19.31 required by section 473.1245 or 473.1247 must be signed and 19.32 certified as true by the individual required to file the report 19.33 or statement. An individual who signs and certifies to be true 19.34 a report or statement that the individual knows contains false 19.35 information or who knowingly omits required information is 19.36 guilty of a gross misdemeanor. 20.1 Subd. 2. [REPORTS RETAINED.] The board shall retain the 20.2 statements, reports, and copies and make them available for 20.3 public inspection for a period of five years after the date of 20.4 receipt by the board. 20.5 Subd. 3. [CHANGES AND CORRECTIONS.] Any material changes 20.6 in information previously submitted and any corrections to a 20.7 report or statement must be reported in writing to the board 20.8 within ten days following the date of the event prompting the 20.9 change or the date upon which the individual filing became aware 20.10 of the inaccuracy. The change or correction must identify the 20.11 form and the paragraph containing the information to be changed 20.12 or corrected. An individual who willfully fails to report a 20.13 material change or correction is guilty of a misdemeanor. 20.14 Subd. 4. [RECORD KEEPING.] An individual required to file 20.15 a report or statement or to keep an account under sections 20.16 473.1245 to 473.1247 shall maintain and preserve for four years 20.17 the records, including vouchers, canceled checks, bills, 20.18 invoices, worksheets, and receipts, that will provide in 20.19 sufficient detail the necessary information from which the 20.20 accounts and the filed reports and statements may be verified, 20.21 explained, clarified, and checked for accuracy and completeness. 20.22 Subd. 5. [PENALTIES.] The board shall notify by certified 20.23 mail or personal service an individual who fails to file a 20.24 statement or report required by sections 473.1245 to 473.1247. 20.25 Except for a campaign report of a principal campaign committee 20.26 due before an election, if an individual fails to file a 20.27 statement or report within seven days after receiving a notice, 20.28 the board may impose a late filing fee of $5 per day, not to 20.29 exceed $100, beginning on the eighth day after receiving 20.30 notice. If a treasurer of a principal campaign committee fails 20.31 to file a campaign report due before an election within three 20.32 days of the date due, regardless of whether the treasurer has 20.33 received notice, the board may impose a late filing fee of $50 20.34 per day, not to exceed $500, beginning on the fourth day after 20.35 the date the statement was due. The board shall further notify 20.36 by certified mail or personal service an individual who fails to 21.1 file a statement or report within 21 days after receiving a 21.2 first notice that the individual may be subject to a criminal 21.3 penalty for failure to file the statement or report. An 21.4 individual who knowingly fails to file the statement or report 21.5 within seven days after receiving a second notice from the board 21.6 is guilty of a misdemeanor. 21.7 Subd. 6. [RECOVERY OF LATE FILING FEES.] The board may 21.8 bring an action in Ramsey county district court to recover any 21.9 late filing fee imposed under subdivision 5. All money 21.10 recovered must be deposited in the state general fund. 21.11 Subd. 7. [REPORTS OF VIOLATIONS.] If an individual fails 21.12 to file the required statement or report within seven days after 21.13 a second notice as provided in subdivision 5, the board shall 21.14 inform the county attorney of the county where the individual 21.15 resides that a second notice was sent and that the individual 21.16 failed to file the required statement or report. If a candidate 21.17 fails to file a report or statement after a second notice as 21.18 provided in subdivision 5, the board shall notify the attorney 21.19 general. 21.20 Sec. 29. [473.1255] [CAMPAIGN FINANCING.] 21.21 Subdivision 1. [ELIGIBILITY.] A candidate who has: 21.22 (1) filed a petition or affidavit of candidacy with the 21.23 secretary of state as provided in section 473.123; 21.24 (2) filed an agreement with the state ethical practices 21.25 board as provided in subdivision 2; and 21.26 (3) raised $2,500 in campaign funds before the primary 21.27 election from eligible voters in the state, counting only the 21.28 first $50 contributed by each voter, as stated in the agreement 21.29 filed with the board, is eligible for $20,000 public campaign 21.30 financing. 21.31 Subd. 2. [AGREEMENT.] A candidate for council may receive 21.32 public campaign financing by signing and filing with the state 21.33 ethical practices board a written agreement that not more than 21.34 $47,000 will be spent on the candidate's campaign for expenses 21.35 incurred from the time of filing through the election day and by 21.36 stating in the agreement that the candidate has raised $2,500 as 22.1 specified in subdivision 1. 22.2 Subd. 3. [FUNDING.] The council shall provide sufficient 22.3 funds for the purposes of this section. The council may levy to 22.4 provide these funds and the levy authorized by this subdivision 22.5 shall be in addition to the levy authorized under section 22.6 473.249. The levy must be levied and collected in the manner 22.7 provided in sections 473.13 and 473.249, subdivision 2. 22.8 Subd. 4. [RETURN OF PUBLIC FUNDS.] Each candidate who 22.9 receives public campaign financing under this section shall 22.10 return to the council's public campaign financing fund any funds 22.11 not spent by January 1 of the year following the election, or 22.12 all public campaign financing funds, if the candidate's campaign 22.13 expenditures exceed the limits set by this section. 22.14 Sec. 30. [473.1256] [CONTRIBUTION LIMITS.] 22.15 A candidate must not permit the candidate's principal 22.16 campaign committee to accept contributions in excess of $100 per 22.17 calendar year from an individual, political committee, or 22.18 political fund in aggregate. 22.19 Sec. 31. [473.1257] [METROPOLITAN COUNCIL MEMBERS; 22.20 INTEREST IN CONTRACT; PENALTY.] 22.21 (a) A member of the metropolitan council who may take part 22.22 in any manner in making a sale, lease, or contract in the 22.23 member's official capacity may not voluntarily have a personal 22.24 financial interest in that sale, lease, or contract or 22.25 personally benefit financially from it. The exceptions listed 22.26 in section 471.88 apply to council members. 22.27 (b) A member who violates paragraph (a) is guilty of a 22.28 gross misdemeanor. 22.29 Sec. 32. [473.1258] [DUTIES OF ETHICAL PRACTICES BOARD.] 22.30 Subdivision 1. [ADVISORY OPINIONS; DISCLOSURE EXEMPTIONS.] 22.31 The state ethical practices board shall: 22.32 (1) issue and publish advisory opinions concerning the 22.33 requirements of sections 473.124 to 473.1259 upon application in 22.34 writing by any individual or association who wishes to use the 22.35 opinion to guide the applicant's own conduct; and 22.36 (2) exempt any individual or association required to 23.1 disclose information under sections 473.124 to 473.1259 from any 23.2 requirement of those sections in the same manner as it exempts 23.3 any individual or association from disclosure requirements under 23.4 chapter 10A. An individual or association exempted from the 23.5 disclosure provisions of chapter 10A is also exempt from the 23.6 disclosure provisions of sections 473.124 to 473.1259. 23.7 Subd. 2. [FORMS.] The board shall develop forms for all 23.8 statements and reports required to be filed under sections 23.9 473.124 to 473.1258. 23.10 Sec. 33. [473.1259] [PROSECUTION OF VIOLATIONS.] 23.11 A violation of a criminal provision of sections 473.124 to 23.12 473.1259 must be prosecuted by the county attorney of the county 23.13 in which the defendant resides. 23.14 Sec. 34. [473.1295] [VOTER EDUCATION.] 23.15 Subdivision 1. [VOTER'S GUIDE.] At least 21 days before 23.16 each council general election, the council shall mail a voter's 23.17 guide to every household in the district in which an election is 23.18 scheduled. The voter's guide must include the following 23.19 information: 23.20 (1) the name, address, telephone number, and occupation of 23.21 each candidate; 23.22 (2) biographical information on each candidate, if 23.23 provided, not to exceed 50 words; 23.24 (3) a statement from each candidate, if provided, not to 23.25 exceed 150 words; 23.26 (4) information on the procedures for voter registration; 23.27 (5) information on the procedures for voting by absentee 23.28 ballot; 23.29 (6) information on assistance available to persons with 23.30 disabilities; and 23.31 (7) other election-related information, as determined by 23.32 the council. 23.33 The council shall provide each person filing an affidavit 23.34 of candidacy with blank forms and instructions to be used by the 23.35 candidates to submit information for the voter's guide. 23.36 Candidates must submit information for the voter's guide to the 24.1 council no later than six weeks before the council primary 24.2 election. The council must provide the candidates an 24.3 opportunity to review submitted material before publication. 24.4 The council shall select a person or organization that is 24.5 not a member or employee of the council and who is nonpartisan 24.6 to edit information submitted by candidates to ensure compliance 24.7 with this subdivision and to delete any information which, in 24.8 the opinion of the council, contains obscene, profane, 24.9 scandalous, or defamatory language or any language that may not 24.10 be legally circulated through the mails. Nothing in this 24.11 section makes the author of the material submitted to the 24.12 council exempt from any civil or criminal action due to 24.13 defamatory statements made by the author. The person writing, 24.14 signing, or offering a statement to the council is considered 24.15 its author and publisher. 24.16 Subd. 2. [PUBLIC ACCESS CABLE TV.] The council shall 24.17 arrange for candidates to have equal access to public access 24.18 cable television in the metropolitan area for campaign purposes 24.19 including debates during the four-week period prior to election 24.20 day. 24.21 Subd. 3. [COUNCIL RECOVERY OF COSTS.] The council shall 24.22 determine the costs of the voter's guide, including the 24.23 publication and distribution of the guide, and cable television 24.24 access provided for each candidate and deduct that cost from the 24.25 public campaign financing to the candidate. The council shall 24.26 bill a candidate not receiving public campaign financing and the 24.27 candidate shall reimburse the council for the candidate's share 24.28 of the voter's guide and cable television costs. 24.29 Sec. 35. [TRANSITION.] 24.30 Subdivision 1. [CONTINUATION OF TERMS.] The appointed 24.31 chair and appointed metropolitan council members holding office 24.32 on the effective date of this section, and any successor 24.33 appointed to serve as the council chair or as a member, shall 24.34 continue in office until the first Monday in January 1997. 24.35 Subd. 2. [COMPENSATION.] Until provided otherwise by the 24.36 metropolitan council under section 473.123, subdivision 4a, the 25.1 annual compensation for elected metropolitan council members, 25.2 including the chair, is $35,000. 25.3 Subd. 3. [INITIAL TERMS.] For the elected metropolitan 25.4 council taking office on the first Monday in January 1997, the 25.5 terms of the members representing even-numbered districts end 25.6 the first Monday in January 2001, and the terms of the members 25.7 representing odd-numbered districts end the first Monday in 25.8 January 1999. 25.9 Sec. 36. [INSTRUCTION TO REVISOR.] 25.10 The revisor shall renumber Minnesota Statutes, section 25.11 473.125 to section 473.126, and correct all references to that 25.12 section in Minnesota Statutes and Minnesota Rules. 25.13 Sec. 37. [REPEALER.] 25.14 Minnesota Statutes 1994, section 473.123, subdivision 3, is 25.15 repealed. 25.16 Sec. 38. [APPLICATION.] 25.17 This act applies in the counties of Anoka, Carver, Dakota, 25.18 Hennepin, Ramsey, Scott, and Washington. 25.19 Sec. 39. [EFFECTIVE DATES.] 25.20 Sections 1, 2, 5, 7, 8, 10, 12, 13, 14, and 37 are 25.21 effective the first Monday in January 1997. The remainder of 25.22 this act is effective January 1, 1996.