SF 420

as introduced - 84th Legislature (2005 - 2006) 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 2004, 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 4; 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;
353D.01, subdivision 2; 375.09, subdivision 1;
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 2004, section 473.123, subdivisions 2a, 3,
3a; Laws 1994, chapter 628, article 1, section 8; Laws
2003, chapter 8, section 2.

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

Section 1.

Minnesota Statutes 2004, 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 2004, 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 2004, 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,
$2,188,090;

(2) for attorney general, $364,690;

(3) for secretary of state and state auditor, separately,
$182,350;

(4) for state senator, $54,740;

(5) for state representative, $28,400 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 2004, 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 political committee 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 10A.323,
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 10A.323, 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 2004, 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 10A.322 and meet the contribution requirements of
section 10A.323, 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 10A.323. 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 2004, 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 2004, 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 2004, 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 2004, section 204B.06,
subdivision 4, is amended to read:

Subd. 4.

Particular offices.

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

(a) for United States senator, that the candidate will be
30 years of age or older and a citizen of the United States for
not less than nine years on the next January 3 or, in the case
of an election to fill a vacancy, within 21 days after the
special election;

(b) for United States representative, that the candidate
will be 25 years of age or older and a citizen of the United
States for not less than seven years on the next January 3 or,
in the case of an election to fill a vacancy, within 21 days
after the special election;

(c) 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;

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

(e) 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;

(f) 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 2004, 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 2004, 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 2004, 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 2004, 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 2004, 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 2004, 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 2004, 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 351.02 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 2004, 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)
new text end [STATE CANVASSING BOARD.] new text begin 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) new text end [ELECTION CONTEST.] new text begin 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) new text end [CERTIFICATE OF ELECTION.] new text begin 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 2004, section 209.02,
subdivision 1, 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 2004, 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 2004, 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 or providing services for any
public ambulance service or privately operated ambulance service
that receives an operating subsidy from a governmental entity
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; and

(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.

(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. 24.

Minnesota Statutes 2004, section 375.09,
subdivision 1, is amended to read:

Subdivision 1.

No county employment or other elected
office.

No county commissioner shall hold another elected
office during tenure as commissioner new text begin , except to serve as an
elected Metropolitan Council member, new text end nor be employed by the
county.

Sec. 25.

Minnesota Statutes 2004, 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 2004, 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 2004, 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 but not
to exceed $12,000 per year. 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 2004, 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 204B.135, subdivision 2. 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 STUDY; REPORT.
new text end

new text begin The Metropolitan Council must study the feasibility of
transferring functions or services from metropolitan counties to
the Metropolitan Council established in this act to take
advantage of economies of scale without sacrificing equity or
effectiveness. In addition to any other function or service,
the study must include an analysis of the feasibility and
benefits of transferring county correctional facilities and
county highways to the council. The council shall report to the
legislature the results of the study by December 31, 2006.
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 Minnesota Statutes 2004, section 473.123, subdivisions 2a,
3, and 3a, are repealed.
new text end

new text begin Laws 1994, chapter 628, article 1, section 8; and Laws
2003, chapter 8, section 2, are 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 2006 and
thereafter, except that section 30 is effective the day
following final enactment.
new text end