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HF 2444

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

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to metropolitan government; providing for an 
  1.3             elected airport noise abatement council; amending 
  1.4             Minnesota Statutes 1998, sections 204B.06, subdivision 
  1.5             4; 204B.09, subdivisions 1 and 1a; 204B.11; 204B.32, 
  1.6             subdivision 2; 204D.02, subdivision 1; 204D.08, 
  1.7             subdivision 6; 204D.27, by adding a subdivision; 
  1.8             209.02, subdivision 1; and 211B.01, subdivision 3; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapters 204D; and 473. 
  1.12     Section 1.  Minnesota Statutes 1998, section 204B.06, 
  1.13  subdivision 4, is amended to read: 
  1.14     Subd. 4.  [PARTICULAR OFFICES.] Candidates who seek 
  1.15  nomination for the following offices shall state the following 
  1.16  additional information on the affidavit:  
  1.17     (a) for United States senator, that the candidate will be 
  1.18  30 years of age or older and a citizen of the United States for 
  1.19  not less than nine years on the next January 3 or, in the case 
  1.20  of an election to fill a vacancy, within 21 days after the 
  1.21  special election; 
  1.22     (b) for United States representative, that the candidate 
  1.23  will be 25 years of age or older and a citizen of the United 
  1.24  States for not less than seven years on the next January 3 or, 
  1.25  in the case of an election to fill a vacancy, within 21 days 
  1.26  after the special election; 
  1.27     (c) for governor or lieutenant governor, that on the first 
  1.28  Monday of the next January the candidate will be 25 years of age 
  2.1   or older and, on the day of the state general election, a 
  2.2   resident of Minnesota for not less than one year; 
  2.3      (d) for supreme court justice, court of appeals judge, or 
  2.4   district court judge, that the candidate is learned in the law; 
  2.5      (e) for airport noise abatement council, county, municipal, 
  2.6   school district, or special district office, that the candidate 
  2.7   meets any other qualifications for that office prescribed by 
  2.8   law; 
  2.9      (f) for senator or representative in the legislature, that 
  2.10  on the day of the general or special election to fill the office 
  2.11  the candidate will have resided not less than one year in the 
  2.12  state and not less than six months in the legislative district 
  2.13  from which the candidate seeks election.  
  2.14     Sec. 2.  Minnesota Statutes 1998, section 204B.09, 
  2.15  subdivision 1, is amended to read: 
  2.17  ELECTIONS.] Except as otherwise provided by this subdivision, 
  2.18  affidavits of candidacy and nominating petitions for county, 
  2.19  airport noise abatement council, state, and federal offices 
  2.20  filled at the state general election shall be filed not more 
  2.21  than 70 days nor less than 56 days before the state primary.  
  2.22  The affidavit may be prepared and signed at any time between 60 
  2.23  days before the filing period opens and the last day of the 
  2.24  filing period.  Notwithstanding other law to the contrary, the 
  2.25  affidavit of candidacy must be signed in the presence of a 
  2.26  notarial officer.  Candidates for presidential electors may file 
  2.27  petitions on or before the state primary day.  Nominating 
  2.28  petitions to fill vacancies in nominations shall be filed as 
  2.29  provided in section 204B.13.  No affidavit or petition shall be 
  2.30  accepted later than 5:00 p.m. on the last day for filing.  
  2.31  Affidavits and petitions for offices to be voted on in only one 
  2.32  county shall be filed with the county auditor of that county.  
  2.33  Affidavits and petitions for offices to be voted on in more than 
  2.34  one county shall be filed with the secretary of state. 
  2.35     Sec. 3.  Minnesota Statutes 1998, section 204B.09, 
  2.36  subdivision 1a, is amended to read: 
  3.1      Subd. 1a.  [ABSENT CANDIDATES.] A candidate for county, 
  3.2   airport noise abatement council, state, or federal office who 
  3.3   will be absent from the state during the filing period may 
  3.4   submit a properly executed affidavit of candidacy, the 
  3.5   appropriate filing fee, and any necessary petitions in person to 
  3.6   the filing officer.  The candidate shall state in writing the 
  3.7   reason for being unable to submit the affidavit during the 
  3.8   filing period.  The affidavit, filing fee, and petitions must be 
  3.9   submitted to the filing officer during the seven days 
  3.10  immediately preceding the candidate's absence from the state.  
  3.11  Nominating petitions may be signed during the 14 days 
  3.12  immediately preceding the date when the affidavit of candidacy 
  3.13  is filed. 
  3.14     Sec. 4.  Minnesota Statutes 1998, section 204B.11, is 
  3.15  amended to read: 
  3.17  FILING FEE.] 
  3.18     Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
  3.19  Except as provided by subdivision 2, a filing fee shall be paid 
  3.20  by each candidate who files an affidavit of candidacy.  The fee 
  3.21  shall be paid at the time the affidavit is filed.  The amount of 
  3.22  the filing fee shall vary with the office sought as follows: 
  3.23     (a) for the office of governor, lieutenant governor, 
  3.24  attorney general, state auditor, state treasurer, secretary of 
  3.25  state, representative in Congress, judge of the supreme court, 
  3.26  judge of the court of appeals, or judge of the district court, 
  3.27  $300; 
  3.28     (b) for the office of senator in Congress, $400; 
  3.29     (c) for office of senator or representative in the 
  3.30  legislature, $100; 
  3.31     (d) for a an airport noise abatement council or county 
  3.32  office, $50; and 
  3.33     (e) for the office of soil and water conservation district 
  3.34  supervisor, $20. 
  3.35     For the office of presidential elector, and for those 
  3.36  offices for which no compensation is provided, no filing fee is 
  4.1   required. 
  4.2      The filing fees received by the county auditor shall 
  4.3   immediately be paid to the county treasurer.  The filing fees 
  4.4   received by the secretary of state shall immediately be paid to 
  4.5   the state treasurer. 
  4.6      When an affidavit of candidacy has been filed with the 
  4.7   appropriate filing officer and the requisite filing fee has been 
  4.8   paid, the filing fee shall not be refunded.  If a candidate's 
  4.9   filing fee is paid with a check, draft, or similar negotiable 
  4.10  instrument for which sufficient funds are not available or that 
  4.11  is dishonored, notice to the candidate of the worthless 
  4.12  instrument must be sent by the filing officer via registered 
  4.13  mail no later than immediately upon the closing of the filing 
  4.14  deadline with return receipt requested.  The candidate will have 
  4.15  five days from the time the filing officer receives proof of 
  4.16  receipt to issue a check or other instrument for which 
  4.17  sufficient funds are available.  The candidate issuing the 
  4.18  worthless instrument is liable for a service charge pursuant to 
  4.19  section 332.50.  If adequate payment is not made, the name of 
  4.20  the candidate must not appear on any official ballot and the 
  4.21  candidate is liable for all costs incurred by election officials 
  4.22  in removing the name from the ballot. 
  4.23     Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
  4.24  filing an affidavit of candidacy, a candidate may present a 
  4.25  petition in place of the filing fee.  The petition may be signed 
  4.26  by any individual eligible to vote for the candidate.  A 
  4.27  nominating petition filed pursuant to section 204B.07 or 
  4.28  204B.13, subdivision 4, is effective as a petition in place of a 
  4.29  filing fee if the nominating petition includes a prominent 
  4.30  statement informing the signers of the petition that it will be 
  4.31  used for that purpose.  
  4.32     The number of signatures on a petition in place of a filing 
  4.33  fee shall be as follows:  
  4.34     (a) for a state office voted on statewide, or for president 
  4.35  of the United States, or United States senator, 2,000; 
  4.36     (b) for a congressional office, 1,000; 
  5.1      (c) for a county, airport noise abatement council, or 
  5.2   legislative office, or for the office of district judge, 500; 
  5.3   and 
  5.4      (d) for any other office which requires a filing fee as 
  5.5   prescribed by law, municipal charter, or ordinance, the lesser 
  5.6   of 500 signatures or five percent of the total number of votes 
  5.7   cast in the municipality, ward, or other election district at 
  5.8   the preceding general election at which that office was on the 
  5.9   ballot.  
  5.10     An official with whom petitions are filed shall make sample 
  5.11  forms for petitions in place of filing fees available upon 
  5.12  request.  
  5.13     Sec. 5.  Minnesota Statutes 1998, section 204B.32, 
  5.14  subdivision 2, is amended to read: 
  5.15     Subd. 2.  [ALLOCATION OF ELECTION EXPENSES.] The secretary 
  5.16  of state shall develop procedures for the allocation of election 
  5.17  expenses among counties, municipalities, and school districts, 
  5.18  and the metropolitan airports commission for the airport noise 
  5.19  abatement council for elections that are held concurrently.  The 
  5.20  following expenses must be included in the procedures:  salaries 
  5.21  of election judges; postage for absentee ballots and 
  5.22  applications; preparation of polling places; preparation and 
  5.23  testing of electronic voting systems; ballot preparation; 
  5.24  publication of election notices and sample ballots; 
  5.25  transportation of ballots and election supplies; and 
  5.26  compensation for administrative expenses of the county auditor, 
  5.27  municipal clerk, or school district clerk. 
  5.28     Sec. 6.  Minnesota Statutes 1998, section 204D.02, 
  5.29  subdivision 1, is amended to read: 
  5.30     Subdivision 1.  [OFFICERS.] All elective state, airport 
  5.31  noise abatement council, and county officers, justices of the 
  5.32  supreme court, judges of the court of appeals and district 
  5.33  court, state senators and state representatives, and senators 
  5.34  and representatives in Congress shall be elected at the state 
  5.35  general election held in the year before their terms of office 
  5.36  expire.  Presidential electors shall be chosen at the state 
  6.1   general election held in the year before the expiration of a 
  6.2   term of a president of the United States.  
  6.3      Sec. 7.  Minnesota Statutes 1998, section 204D.08, 
  6.4   subdivision 6, is amended to read: 
  6.6   The state and county nonpartisan primary ballot shall be headed 
  6.7   "State and County Nonpartisan Primary Ballot."  It shall be 
  6.8   printed on canary paper.  The names of candidates for nomination 
  6.9   to the supreme court, court of appeals, district court, and 
  6.10  all airport noise abatement council and county offices shall be 
  6.11  placed on this ballot.  
  6.12     No candidate whose name is placed on the state and county 
  6.13  nonpartisan primary ballot shall be designated or identified as 
  6.14  the candidate of any political party or in any other manner 
  6.15  except as expressly provided by law.  
  6.16     Sec. 8.  [204D.265] [VACANCY IN OFFICE OF AIRPORT NOISE 
  6.18     Subdivision 1.  [ELECTION IN 30 TO 60 DAYS.] Except as 
  6.19  provided in subdivision 3, a vacancy in the office of airport 
  6.20  noise abatement council member must be filled at a special 
  6.21  election scheduled by the airport noise abatement council on a 
  6.22  date not less than 30 nor more than 60 days after the vacancy 
  6.23  occurs.  The special primary or special election may be held on 
  6.24  the same day as a regular primary or regular election, but the 
  6.25  special election must be held not less than 14 days after the 
  6.26  special primary.  The person elected at the special election 
  6.27  shall take office immediately after receipt of the certificate 
  6.28  of election and upon taking the oath of office and shall serve 
  6.29  the remainder of the unexpired term.  If the airport noise 
  6.30  abatement council districts have been redrawn since the 
  6.31  commencement of the term of the vacant office, the election 
  6.32  shall be based on the district as redrawn. 
  6.33     Subd. 2.  [WHEN VICTOR SEATED IMMEDIATELY.] If a vacancy 
  6.34  for which a special election is required occurs less than 60 
  6.35  days before the general election preceding the end of the term, 
  6.36  the vacancy must be filled by the person elected at that 
  7.1   election for the ensuing term.  The person who is elected shall 
  7.2   take office immediately after receiving the certificate of 
  7.3   election and taking the oath of office.  
  7.4      Subd. 3.  [INABILITY OR REFUSAL TO SERVE.] In addition to 
  7.5   when the events specified in section 351.02 happen, a vacancy in 
  7.6   the office of airport noise abatement council member may be 
  7.7   declared by the airport noise abatement council when a member is 
  7.8   unable to serve in the office or attend council meetings for a 
  7.9   90-day period because of illness, or because of absence from or 
  7.10  refusal to attend council meetings for a 90-day period.  If any 
  7.11  of the preceding conditions occur, the council may, after the 
  7.12  council by resolution has declared a vacancy to exist, make an 
  7.13  appointment to fill the vacancy at a regular or special meeting 
  7.14  for the remainder of the unexpired term or until the ill or 
  7.15  absent member is again able to resume duties and attend council 
  7.16  meetings, whichever is earlier.  If the original member is again 
  7.17  able to resume duties and attend council meetings, the council 
  7.18  shall by resolution so determine and remove the appointed 
  7.19  officeholder and restore the original member to office.  
  7.20     Sec. 9.  Minnesota Statutes 1998, section 204D.27, is 
  7.21  amended by adding a subdivision to read: 
  7.23  ELECTION.] (a) [STATE CANVASSING BOARD.] Except as provided in 
  7.24  subdivision 4, the state canvassing board shall complete its 
  7.25  canvass of a special election for airport noise abatement 
  7.26  council member and declare the results within four days, 
  7.27  excluding Sundays and legal holidays, after the returns of the 
  7.28  county canvassing boards are certified to the secretary of state.
  7.29     (b) [ELECTION CONTEST.] In case of a contest of a special 
  7.30  election for airport noise abatement council member, the notice 
  7.31  of contest must be filed within two days, excluding Sundays and 
  7.32  legal holidays, after the canvass is completed, and the contest 
  7.33  otherwise must proceed in the manner provided by law for 
  7.34  contesting elections. 
  7.35     (c) [CERTIFICATE OF ELECTION.] A certificate of election in 
  7.36  a special election for airport noise abatement council member 
  8.1   must be issued by the county auditor or the secretary of state 
  8.2   to the individual declared elected by the county or state 
  8.3   canvassing board two days, excluding Sundays and legal holidays, 
  8.4   after the appropriate canvassing board finishes canvassing the 
  8.5   returns for the election.  In case of a contest, the certificate 
  8.6   must not be issued until the district court determines the 
  8.7   contest. 
  8.8      Sec. 10.  Minnesota Statutes 1998, section 209.02, 
  8.9   subdivision 1, is amended to read: 
  8.10     Subdivision 1.  Any eligible voter, including a candidate, 
  8.11  may contest in the manner provided in this chapter:  (1) the 
  8.12  nomination or election of any person for whom the voter had the 
  8.13  right to vote if that person is declared nominated or elected to 
  8.14  the senate or the house of representatives of the United States, 
  8.15  or to a statewide, airport noise abatement council, county, 
  8.16  legislative, municipal, school, or district court office; or (2) 
  8.17  the declared result of a constitutional amendment or other 
  8.18  question voted upon at an election.  The contest may be brought 
  8.19  over an irregularity in the conduct of an election or canvass of 
  8.20  votes, over the question of who received the largest number of 
  8.21  votes legally cast, over the number of votes legally cast in 
  8.22  favor of or against a question, or on the grounds of deliberate, 
  8.23  serious, and material violations of the Minnesota Election Law. 
  8.24     Sec. 11.  Minnesota Statutes 1998, section 211B.01, 
  8.25  subdivision 3, is amended to read: 
  8.26     Subd. 3.  [CANDIDATE.] "Candidate" means an individual who 
  8.27  seeks nomination or election to a federal, statewide, airport 
  8.28  noise abatement council, legislative, judicial, or local office 
  8.29  including special districts, school districts, towns, home rule 
  8.30  charter and statutory cities, and counties, except candidates 
  8.31  for president and vice-president of the United States.  
  8.32     Sec. 12.  [473.610] [AIRPORT NOISE ABATEMENT COUNCIL 
  8.33  ELECTIONS.] 
  8.34     Subdivision 1.  [NUMBER OF MEMBERS.] The airport noise 
  8.35  abatement council is established and consists of members elected 
  8.36  from the districts established in subdivision 2. 
  9.1      Subd. 2.  [DISTRICTS.] The airport noise abatement council 
  9.2   districts are coterminous with the districts that are adjacent 
  9.3   to the Minneapolis-St. Paul International Airport established 
  9.4   for state representatives. 
  9.5      Subd. 3.  [TERMS.] Members serve a term of four years, 
  9.6   except to fill a vacancy, and there must be a new election of 
  9.7   all the members at the first election after each decennial 
  9.8   redistricting. 
  9.9      Subd. 4.  [COSTS.] The metropolitan airports commission 
  9.10  shall pay all costs of an election to elect airport noise 
  9.11  abatement council members. 
  9.12     Sec. 13.  [473.6105] [AIRPORT NOISE ABATEMENT COUNCIL; 
  9.14     Subdivision 1.  [GENERAL.] The airport noise abatement 
  9.15  council has the powers and duties given it in this section. 
  9.16     Subd. 2.  [REVIEW CRITERIA.] The airport noise abatement 
  9.17  council shall develop and adopt criteria by which it will review 
  9.18  and approve noise-related projects.  The council must consult 
  9.19  with all interested or potentially affected persons and entities 
  9.20  and hold public meetings in order to solicit public comments on 
  9.21  the council's proposed criteria. 
  9.23  APPROVAL.] (a) All Minneapolis-St. Paul International Airport 
  9.24  noise-related projects of the commission must be submitted to 
  9.25  the airport noise abatement council for review.  The commission 
  9.26  may not implement a noise-related project without the approval 
  9.27  of the airport noise abatement council.  The airport noise 
  9.28  abatement council may not approve a proposed project unless the 
  9.29  council finds that the commission has completed a process 
  9.30  intended to provide affected municipalities the opportunity for 
  9.31  discussion and public participation in the commission's 
  9.32  decision-making process.  
  9.33     (b) An "affected municipality" is any municipality that:  
  9.34     (1) is adjacent to the airport; 
  9.35     (2) is within the noise zone of the airport, as defined in 
  9.36  the metropolitan development guide; or 
 10.1      (3) has notified the commission's secretary that it 
 10.2   considers itself an affected municipality.  
 10.3      (c) The council must at a minimum determine that the 
 10.4   commission: 
 10.5      (1) provided adequate and timely notice of the proposed 
 10.6   project to each affected municipality; 
 10.7      (2) provided to each affected municipality a complete 
 10.8   description of the proposed project; 
 10.9      (3) provided to each affected municipality notices, 
 10.10  agendas, and meeting minutes of all commission meetings, 
 10.11  including advisory committee meetings, at which the proposed 
 10.12  project was to be discussed or voted on in order to provide the 
 10.13  municipalities the opportunity to solicit public comment and 
 10.14  participate in the project development on an ongoing basis; and 
 10.15     (4) considered the comments of each affected municipality. 
 10.16     Subd. 4.  [NOISE-RELATED PROJECTS; DEFINED.] (a) For 
 10.17  purposes of this section, "noise-related projects" are projects 
 10.18  that have the potential to increase or decrease air traffic over 
 10.19  adjacent municipalities or that are intended to mitigate the 
 10.20  adverse effects of aircraft noise in the areas adjacent to the 
 10.21  airport.  
 10.22     (b) Noise-related projects include, but are not limited to: 
 10.23     (1) a new runway; 
 10.24     (2) a runway extension; 
 10.25     (3) runway strengthening other than routine maintenance to 
 10.26  determine compliance with federal Air Regulation, part 36; 
 10.27     (4) construction or expansion of passenger handling or 
 10.28  parking facilities which would permit a .. percent or greater 
 10.29  increase in passenger enplanement levels; 
 10.30     (5) land acquisition associated with clause (1), (2), (3), 
 10.31  or (4) or that would cause relocation of residential or business 
 10.32  activities; and 
 10.33     (6) part 150 program measures, including land acquisition 
 10.34  or sound insulation. 
 10.35     Subd. 5.  [BYLAWS.] The airport noise abatement council 
 10.36  shall adopt bylaws governing its structure and operation. 
 11.1      Sec. 14.  [473.6107] [ADMINISTRATIVE ASSISTANCE AND 
 11.2   EXPENSES.] 
 11.3      The metropolitan airports commission shall provide 
 11.4   administrative assistance, staff support, and meeting space to 
 11.5   the airport noise abatement council.  The commission shall pay 
 11.6   airport noise abatement council members' per diem and expenses 
 11.7   in the same amount as for commission members. 
 11.8      Sec. 15.  [APPLICATION.] 
 11.9      This act applies in the counties of Anoka, Carver, Dakota, 
 11.10  Hennepin, Ramsey, Scott, and Washington. 
 11.11     Sec. 16.  [EFFECTIVE DATE.] 
 11.12     This act is effective for the state primary in 2000 and 
 11.13  thereafter.