SF 780

as introduced - 89th Legislature (2015 - 2016) Posted on 02/13/2015 09:08am

A bill for an act
relating to metropolitan government; providing for the election of Metropolitan
Council members; eliminating the Grant Evaluation and Ranking System;
providing for redesignating the Metropolitan Council as the Metropolitan
Planning Organization; amending Minnesota Statutes 2014, sections 10A.01,
subdivision 10; 10A.09, subdivision 6a; 10A.25, subdivision 2; 10A.27,
subdivision 1; 10A.315; 10A.323; 10A.324, subdivision 1; 15.0597, subdivision
1; 204B.06, subdivision 4a; 204B.09, subdivisions 1, 1a; 204B.11; 204B.135,
subdivision 2; 204B.32, subdivision 2; 204D.02, subdivision 1; 204D.08,
subdivision 6; 204D.27, by adding a subdivision; 209.02, subdivision 1; 211A.01,
subdivision 3; 211B.01, subdivision 3; 290.06, subdivision 23; 297A.992,
subdivisions 1, 4, 5; 353D.01, subdivision 2; 473.123, subdivisions 1, 4, by adding
subdivisions; 473.146, subdivision 4; proposing coding for new law in Minnesota
Statutes, chapters 10A; 204D; 473; repealing Minnesota Statutes 2014, section
473.123, subdivisions 2a, 3, 3a; Laws 1994, chapter 628, article 1, section 8.

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

Section 1.

Minnesota Statutes 2014, 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, deleted text begin or deleted text end judge new text begin , or Metropolitan Council
member new text end . 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 $750, or has given implicit
or explicit consent for any other person to receive contributions or make expenditures in
excess of $750, 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.243.

Sec. 2.

Minnesota Statutes 2014, section 10A.09, subdivision 6a, is amended to read:

Subd. 6a.

Place of filing.

A public official required to file a statement under this
section must file it with the board. 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 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. If an official position is defined as both a public official and as a local official of
a metropolitan governmental unit under this chapter, the official must file the statement
with the board.

Sec. 3.

Minnesota Statutes 2014, section 10A.25, subdivision 2, is amended to read:

Subd. 2.

Amounts.

(a) In a segment of an election cycle, 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, $3,651,200 in the
election segment and $1,564,800 in the nonelection segment;

(2) for attorney general, $626,000 in the election segment and $208,700 in the
nonelection segment;

(3) for secretary of state and state auditor, separately, $417,300 in the election
segment and $104,400 in the nonelection segment;

(4) for state senator, $90,000 in the election segment and $30,000 in a nonelection
segment;

(5) for state representative, $62,600 in the election segment deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) for a member of the Metropolitan Council, $90,000 in the election segment
and $30,000 in the nonelection segment.
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 has not previously held the same office, whose name has not
previously been on the primary or general election ballot for that office, and who has not
in the past ten years raised or spent more than $750 in a run 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. In the case of a legislative candidate, the office is that of a
member of the house of representatives or senate without regard to any specific district.

Sec. 4.

Minnesota Statutes 2014, 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, political
fund, or association not registered with the board in excess of the following:

(1) to candidates for governor and lieutenant governor running together, $4,000
in the election segment of an election cycle for the office sought and $2,000 in the
nonelection segment of the election cycle;

(2) to a candidate for attorney general, $2,500 in the election segment of an election
cycle for the office sought and $1,500 in the nonelection segment of the election cycle;

(3) to a candidate for secretary of state or state auditor, $2,000 in the election
segment of an election cycle and $1,000 in the nonelection segment of the election cycle;

(4) to a candidate for state senator, $1,000 in the election segment of an election
cycle for the office sought and $1,000 in a nonelection segment of the election cycle;

(5) to a candidate for state representative, $1,000 in the election segment of an
election cycle for the office sought; deleted text begin and
deleted text end

(6) to a candidate for judicial office, $2,500 in the election segment of an election
cycle for the office sought and $1,000 in a nonelection segment of the election cycle deleted text begin . deleted text end new text begin ; and
new text end

new text begin (7) to a candidate for the Metropolitan Council, $1,000 in the election segment
of an election cycle for the office sought and $1,000 in a nonelection segment of the
election cycle.
new text end

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

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

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

(c) A lobbyist, political committee, political party unit, an association that has a
political fund, or an association not registered with the board 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 2014, 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 for transfer to the state special elections campaign
account for distribution by the board as set forth in this section.

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 2014, section 10A.323, is amended to read:

10A.323 AFFIDAVIT OF CONTRIBUTIONS.

(a) 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:

(1) between January 1 of the previous year and the cutoff date for transactions
included in the report of receipts and expenditures due before the primary election,
accumulate contributions from individuals 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, excluding in-kind contributions:

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

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

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

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

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

new text begin (vi) candidates for the Metropolitan Council, $3,000 new text end ;

(2) file an affidavit with the board stating that the principal campaign committee has
complied with this paragraph. The affidavit must state the total amount of contributions
that have been received from individuals eligible to vote in this state, excluding:

(i) the portion of any contribution in excess of $50;

(ii) any in-kind contribution; and

(iii) any contribution for which the name and address of the contributor is not known
and recorded; and

(3) submit the affidavit required by this section to the board in writing by the
deadline for reporting of receipts and expenditures before a primary under section 10A.20,
subdivision 4.

(b) 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 accumulate
the contributions specified in paragraph (a) and must submit the affidavit required by this
section to the board within five days after the close of the filing period for the special
election for which the candidate filed.

Sec. 8.

Minnesota Statutes 2014, 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 account 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 2014, 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 2014, section 204B.06, subdivision 4a, is amended to read:

Subd. 4a.

State and local offices.

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

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

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

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

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

Sec. 11.

Minnesota Statutes 2014, 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 new text begin Metropolitan Council, new text end county, state, and federal offices filled at the state general
election shall be filed not more than 84 days nor less than 70 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 at least 77
days before the general election 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 county offices must be filed with the county auditor of
that county. Affidavits and petitions for federal offices must be filed with the secretary of
state. Affidavits and petitions for state new text begin and Metropolitan Council new text end offices must be filed with
the secretary of state or with the county auditor of the county in which the candidate resides.

(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted
by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and
must be received by 5:00 p.m. on the last day for filing.

Sec. 12.

Minnesota Statutes 2014, section 204B.09, subdivision 1a, is amended to read:

Subd. 1a.

Absent candidates.

(a) 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, if any, 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.

(b) 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 entire filing period or who must leave
the state for the remainder of the filing period and who certifies to the secretary of state that
the circumstances constitute an emergency and were unforeseen, may submit a properly
executed affidavit of candidacy by facsimile device or by transmitting electronically
a scanned image of the affidavit to the secretary of state during the filing period. The
candidate shall state in writing the specific reason for being unable to submit the affidavit
by mail or by hand during the filing period or in person prior to the start of the filing
period. The affidavit of candidacy, filing fee, if any, and any necessary petitions must be
received by the secretary of state by 5:00 p.m. on the last day for filing. If the candidate is
filing for a special district or county office, the secretary of state shall forward the affidavit
of candidacy, filing fee, if any, and any necessary petitions to the appropriate filing officer.

Sec. 13.

Minnesota Statutes 2014, 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 new text begin or Metropolitan Council new text end ,
$100;

(d) for a 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 management and budget.

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 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 new text begin Metropolitan Council, new text end county 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 2014, 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, deleted text begin or deleted text end soil and water conservation district new text begin , or Metropolitan Council district new text end . 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 2014, 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 2014, 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 2014, 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 in the manner provided in the rules of the secretary of state.
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 Special election. new text end

new text begin (a) Except as otherwise provided in subdivision
3, a vacancy in an office shall be filled by appointment by the Metropolitan Council
until an election is held as provided in this subdivision. The appointee must reside in
the district represented by the seat to be filled. In case of a tie vote in the Metropolitan
Council, the chair shall make the appointment. If the vacancy occurs before the first
day to file affidavits of candidacy for the next regular election and more than two years
remain in the unexpired term, a special election shall be held at the next regular election
and the appointed person shall serve until a successor is elected at a special election to fill
the unexpired portion of the term. If the vacancy occurs on or after the first day to file
affidavits of candidacy for the regular election or when less than two years remain in the
unexpired term, there need not be a special election to fill the vacancy and the appointed
person shall serve until the qualification of a successor.
new text end

new text begin (b) 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, must serve the
remainder of the unexpired term.
new text end

new text begin (c) 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 a vacancy arising under
section 351.02, a vacancy in the office of a 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 2014, section 204D.27, is amended by adding a
subdivision to read:

new text begin Subd. 13. new text end

new text begin Special Metropolitan Council election. new text end

new text begin (a) Except as provided in
subdivision 4, the State Canvassing Board shall complete its canvass of a special election
for a 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) In case of a contest of a special election for a 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) A certificate of election in a special election for a 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 after the appropriate canvassing
board finishes canvassing the returns for the election, excluding Sundays and legal
holidays. 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 2014, section 209.02, subdivision 1, is amended to read:

Subdivision 1.

General.

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

Sec. 21.

Minnesota Statutes 2014, section 211A.01, subdivision 3, is amended to read:

Subd. 3.

Candidate.

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

Sec. 22.

Minnesota Statutes 2014, 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 2014, section 290.06, subdivision 23, is amended to read:

Subd. 23.

Refund of contributions to political parties and candidates.

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

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

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

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

(3) has designated a principal campaign committee.

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

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

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

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

"Contribution" means a gift of money.

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

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

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

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

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

Sec. 24.

Minnesota Statutes 2014, section 297A.992, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given them:

(1) "metropolitan transportation area" means the counties participating in the joint
powers agreement under subdivision 3;

(2) "eligible county" means the county of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, or Washington; new text begin and
new text end

(3) deleted text begin "committee" means the Grant Evaluation and Ranking System (GEARS)
Committee deleted text end new text begin "council" means the Metropolitan Council new text end ;

(4) "minimum guarantee county" means any metropolitan county or eligible county
that is participating in the joint powers agreement under subdivision 3, whose proportion
of the annual sales tax revenue under this section collected within that county is less
than or equal to three percent deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (5) "population" means the population, as defined in section 477A.011, subdivision
3, estimated or established by July 15 of the year prior to the calendar year in which
the representatives will serve on the Grant Evaluation and Ranking System Committee
established under subdivision 5.
deleted text end

Sec. 25.

Minnesota Statutes 2014, section 297A.992, subdivision 4, is amended to read:

Subd. 4.

Joint powers board.

(a) The joint powers board must consist of one
or more commissioners of each county that is in the metropolitan transportation area,
appointed by its county board, and the chair of the Metropolitan Council, who must have
voting rights, subject to subdivision 3, clause (4). The joint powers board has the powers
and duties provided in this section and section 471.59.

(b) The joint powers board may utilize no more than three-fourths of one percent of
the proceeds of the taxes imposed under this section for ordinary administrative expenses
incurred in carrying out the provisions of this section. Any additional administrative
expenses must be paid by the participating counties.

(c) The joint powers board may establish a technical advisory group deleted text begin that is separate
from the GEARS Committee deleted text end . The group must consist of representatives of cities, counties,
or public agencies, including the Metropolitan Council. The technical advisory group
must be used solely for technical consultation purposes.

Sec. 26.

Minnesota Statutes 2014, section 297A.992, subdivision 5, is amended to read:

Subd. 5.

Grant application and awards; Grant Evaluation and Ranking System
(GEARS) Committee.

(a) The joint powers board shall establish a grant application
process and identify the amount of available funding for grant awards. Grant applications
must be submitted in a form prescribed by the joint powers board. An applicant must
provide, in addition to all other information required by the joint powers board, the
estimated cost of the project, the amount of the grant sought, possible sources of funding
in addition to the grant sought, and identification of any federal funds that will be utilized
if the grant is awarded. A grant application seeking transit capital funding must identify
the source of money necessary to operate the transit improvement.

(b) The joint powers board shall establish a timeline and procedures for the award of
grants, and may award grants only to the state and political subdivisions. The board shall
define objective criteria for the award of grants, which must include, but not be limited to,
consistency with the most recent version of the transportation policy plan adopted by the
Metropolitan Council under section 473.146. The joint powers board shall maximize the
availability and use of federal funds in projects funded under this section.

(c) deleted text begin The joint powers board shall establish a GEARS Committee, which must consist
of:
deleted text end

deleted text begin (1) one county commissioner from each county that is in the metropolitan
transportation area, appointed by its county board;
deleted text end

deleted text begin (2) one elected city representative from each county that is in the metropolitan
transportation area;
deleted text end

deleted text begin (3) one additional elected city representative from each county for every additional
400,000 in population, or fraction of 400,000, in the county that is above 400,000 in
population; and
deleted text end

deleted text begin (4) the chair of the Metropolitan Council Transportation Committee.
deleted text end

deleted text begin (d) Each city representative must be elected at a meeting of cities in the metropolitan
transportation area, which must be convened for that purpose by the Association of
Metropolitan Municipalities.
deleted text end

deleted text begin (e) deleted text end The deleted text begin committee deleted text end new text begin council new text end shall evaluate grant applications following objective
criteria established by the joint powers board, and must provide to the joint powers board
a selection list of transportation projects that includes a priority ranking.

deleted text begin (f) deleted text end new text begin (d) new text end A grant award for a transit project located within the metropolitan area, as
defined in section 473.121, subdivision 2, may be funded only after the deleted text begin Metropolitan
Council deleted text end new text begin council new text end reviews the project deleted text begin for consistency deleted text end with the transit portion of the
deleted text begin Metropolitan Council deleted text end new text begin council new text end policy plan and one of the following occurs:

(1) the deleted text begin Metropolitan Council deleted text end new text begin council new text end finds the project to be consistent;

(2) the deleted text begin Metropolitan Council deleted text end new text begin council new text end initially finds the project to be inconsistent, but
after a good faith effort to resolve the inconsistency through negotiations with the joint
powers board, agrees that the grant award may be funded; or

(3) the deleted text begin Metropolitan Council deleted text end new text begin council new text end finds the project to be inconsistent, and submits
the consistency issue for final determination to a panel, which determines the project to be
consistent. The panel is composed of a member appointed by the chair of the deleted text begin Metropolitan
Council deleted text end new text begin council new text end , a member appointed by the joint powers board, and a member agreed
upon by both the chair and the joint powers board.

deleted text begin (g) deleted text end new text begin (e) new text end Grants must be funded by the proceeds of the taxes imposed under this section,
bonds, notes, or other obligations issued by the joint powers board under subdivision 7.

deleted text begin (h) deleted text end new text begin (f) new text end Notwithstanding the provisions of this section except subdivision 6a, of
the revenue collected under this section, the joint powers board shall allocate to the
deleted text begin Metropolitan Council deleted text end new text begin council new text end , in fiscal years 2012 and 2013, an amount not less than 75
percent of the net cost of operations for those transitways that were receiving metropolitan
sales tax funds through an operating grant agreement on June 30, 2011.

deleted text begin (i) deleted text end new text begin (g) new text end The deleted text begin Metropolitan Council deleted text end new text begin council new text end shall expend any funds allocated under
paragraph deleted text begin (h) deleted text end new text begin (f) new text end for the operations of the specified transitways solely within those
counties that are in the metropolitan transportation area.

deleted text begin (j) deleted text end new text begin (h) new text end Nothing in paragraph deleted text begin (h) deleted text end new text begin (f) new text end or deleted text begin (i) deleted text end new text begin (g) new text end prevents grant awards to the
deleted text begin Metropolitan Council deleted text end new text begin council new text end for capital and operating assistance for transitways and
park-and-ride facilities.

Sec. 27.

Minnesota Statutes 2014, 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 who
are employed by any public ambulance service that elects to participate under section
353D.02, subdivision 3;

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

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

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

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

(8) elected county sheriffs who are former members of the police and fire plan and
who are receiving a retirement annuity as provided under section 353.651; and

(9) persons who are excluded from membership under section 353.01, subdivision
2b, paragraph (a), clause (23).

(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 who must be a member of the police and fire plan
as provided under chapter 353.

(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. 28.

Minnesota Statutes 2014, 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. 29.

Minnesota Statutes 2014, section 473.123, subdivision 4, is amended to read:

Subd. 4.

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

(a)
new text begin Until the completion of redistricting following the 2020 federal census as required by
section 473.124, subdivision 2, new text end the chair of the Metropolitan Council shall be 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. new text begin After the completion of
redistricting following the 2020 federal census as required by section 473.124, subdivision
2, the chair shall be elected from the membership of the council by the members of the
council for a four-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. The chair and each Metropolitan Council
member shall be reimbursed for actual and necessary expenses.

(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. 30.

Minnesota Statutes 2014, section 473.123, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Compensation. new text end

new text begin Each Metropolitan Council member must be paid
as authorized by the Metropolitan Council. The chair and each Metropolitan Council
member must be reimbursed for actual and necessary expenses.
new text end

Sec. 31.

Minnesota Statutes 2014, section 473.123, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Ex officio members. new text end

new text begin For purposes of transportation planning, as described
in section 473.146, subdivision 4, the following individuals shall be ex officio, nonvoting
members of the council:
new text end

new text begin (1) the commissioner of transportation or the commissioner's designee;
new text end

new text begin (2) the commissioner of the Pollution Control Agency or the commissioner's
designee; and
new text end

new text begin (3) one member of the Metropolitan Airports Commission appointed by the
commission.
new text end

Sec. 32.

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 17
members. Until the completion of redistricting following the 2020 federal census, there
shall be 16 elected members and a chair appointed as provided in section 473.123,
subdivision 4. After the completion of redistricting following the 2020 federal census,
there shall be 17 elected 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 2020, 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 a member appointed 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. 33.

Minnesota Statutes 2014, section 473.146, subdivision 4, is amended to read:

Subd. 4.

Transportation planning.

(a) The Metropolitan Council is the designated
planning agency for any long-range comprehensive transportation planning required by
section 134 of the Federal Highway Act of 1962, Section 4 of Urban Mass Transportation
Act of 1964 and Section 112 of Federal Aid Highway Act of 1973 and other federal
transportation laws. The council shall assure administration and coordination of
transportation planning with appropriate state, regional and other agencies, counties,
and municipalities.

(b) The council shall establish an advisory body consisting of citizens and
representatives of municipalities, counties, and state agencies in fulfillment of the planning
responsibilities of the council. The membership of the advisory body must consist of:

(1) the commissioner of transportation or the commissioner's designee;

(2) the commissioner of the Pollution Control Agency or the commissioner's
designee;

(3) one member of the Metropolitan Airports Commission appointed by the
commission;

(4) one person appointed by the council to represent nonmotorized transportation;

(5) one person appointed by the commissioner of transportation to represent the
freight transportation industry;

(6) two persons appointed by the council to represent public transit;

(7) ten elected officials of cities within the metropolitan area, including one
representative from each first-class city, appointed by the Association of Metropolitan
Municipalities;

(8) one member of the county board of each county in the seven-county metropolitan
area, appointed by the respective county boards;

(9) eight citizens appointed by the council, one from each council precinct; and

(10) one member of the council, appointed by the council.

The council shall appoint a chair from among the members of the advisory body.

new text begin (c) The advisory body described in paragraph (b) shall be dissolved and the council
shall fulfill all planning responsibilities upon agreement between the governor and local
governments that together represent at least 75 percent of the metropolitan area, including
the most populous home rule charter or statutory city.
new text end

Sec. 34. new text begin INITIAL SALARY.
new text end

new text begin Notwithstanding section 30, the salary of members elected to the Metropolitan
Council at the general election in 2016 must not exceed $40,000.
new text end

Sec. 35. new text begin TRANSITION.
new text end

new text begin The terms of the appointed chair and appointed Metropolitan Council members
holding office on the effective date of this section, and any successors appointed to serve
as the council chair or as a member, continue until the first Monday in January 2017.
new text end

Sec. 36. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2014, section 473.123, subdivisions 2a, 3, and 3a, new text end new text begin are repealed.
new text end

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

Sec. 37. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 36 are effective for the state primary in 2016 and thereafter and apply
in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end