SF 1143

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

  1.1                          A bill for an act 
  1.2             relating to metropolitan government; providing for an 
  1.3             elected metropolitan council; regulating contributions 
  1.4             to candidates; amending Minnesota Statutes 1998, 
  1.5             sections 15.0597, subdivision 1; 204B.06, subdivision 
  1.6             4; 204B.09, subdivisions 1 and 1a; 204B.11; 204B.135, 
  1.7             subdivision 2; 204B.32, subdivision 2; 204D.02, 
  1.8             subdivision 1; 204D.08, subdivision 6; 204D.27, by 
  1.9             adding a subdivision; 209.02, subdivision 1; 211B.01, 
  1.10            subdivision 3; 353D.01, subdivision 2; and 473.123, 
  1.11            subdivisions 1, 4, and 7; proposing coding for new law 
  1.12            in Minnesota Statutes, chapters 204D; and 473; 
  1.13            repealing Minnesota Statutes 1998, section 473.123, 
  1.14            subdivisions 2a, 3, 3a, and 3c. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1998, section 15.0597, 
  1.17  subdivision 1, is amended to read: 
  1.18     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  1.19  following terms shall have the meanings given them. 
  1.20     (a) "Agency" means (1) a state board, commission, council, 
  1.21  committee, authority, task force, including an advisory task 
  1.22  force created under section 15.014 or 15.0593, a group created 
  1.23  by executive order of the governor, or other similar multimember 
  1.24  agency created by law and having statewide jurisdiction; and (2) 
  1.25  the metropolitan council, a metropolitan agency, capitol area 
  1.26  architectural and planning board, and any agency with a regional 
  1.27  jurisdiction created in this state pursuant to an interstate 
  1.28  compact. 
  1.29     (b) "Vacancy" or "vacant agency position" means (1) a 
  1.30  vacancy in an existing agency, or (2) a new, unfilled agency 
  2.1   position.  Vacancy includes a position that is to be filled 
  2.2   through appointment of a nonlegislator by a legislator or group 
  2.3   of legislators; vacancy does not mean (1) a vacant position on 
  2.4   an agency composed exclusively of persons employed by a 
  2.5   political subdivision or another agency, or (2) a vacancy to be 
  2.6   filled by a person required to have a specific title or position.
  2.7      (c) "Secretary" means the secretary of state. 
  2.8      Sec. 2.  Minnesota Statutes 1998, section 204B.06, 
  2.9   subdivision 4, is amended to read: 
  2.10     Subd. 4.  [PARTICULAR OFFICES.] Candidates who seek 
  2.11  nomination for the following offices shall state the following 
  2.12  additional information on the affidavit:  
  2.13     (a) for United States senator, that the candidate will be 
  2.14  30 years of age or older and a citizen of the United States for 
  2.15  not less than nine years on the next January 3 or, in the case 
  2.16  of an election to fill a vacancy, within 21 days after the 
  2.17  special election; 
  2.18     (b) for United States representative, that the candidate 
  2.19  will be 25 years of age or older and a citizen of the United 
  2.20  States for not less than seven years on the next January 3 or, 
  2.21  in the case of an election to fill a vacancy, within 21 days 
  2.22  after the special election; 
  2.23     (c) for governor or lieutenant governor, that on the first 
  2.24  Monday of the next January the candidate will be 25 years of age 
  2.25  or older and, on the day of the state general election, a 
  2.26  resident of Minnesota for not less than one year; 
  2.27     (d) for supreme court justice, court of appeals judge, or 
  2.28  district court judge, that the candidate is learned in the law; 
  2.29     (e) for metropolitan council, county, municipal, school 
  2.30  district, or special district office, that the candidate meets 
  2.31  any other qualifications for that office prescribed by law; 
  2.32     (f) for senator or representative in the legislature, that 
  2.33  on the day of the general or special election to fill the office 
  2.34  the candidate will have resided not less than one year in the 
  2.35  state and not less than six months in the legislative district 
  2.36  from which the candidate seeks election.  
  3.1      Sec. 3.  Minnesota Statutes 1998, section 204B.09, 
  3.2   subdivision 1, is amended to read: 
  3.3      Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
  3.4   ELECTIONS.] Except as otherwise provided by this subdivision, 
  3.5   affidavits of candidacy and nominating petitions for county, 
  3.6   metropolitan council, state and federal offices filled at the 
  3.7   state general election shall be filed not more than 70 days nor 
  3.8   less than 56 days before the state primary.  The affidavit may 
  3.9   be prepared and signed at any time between 60 days before the 
  3.10  filing period opens and the last day of the filing period.  
  3.11  Notwithstanding other law to the contrary, the affidavit of 
  3.12  candidacy must be signed in the presence of a notarial officer.  
  3.13  Candidates for presidential electors may file petitions on or 
  3.14  before the state primary day.  Nominating petitions to fill 
  3.15  vacancies in nominations shall be filed as provided in section 
  3.16  204B.13.  No affidavit or petition shall be accepted later than 
  3.17  5:00 p.m. on the last day for filing.  Affidavits and petitions 
  3.18  for offices to be voted on in only one county shall be filed 
  3.19  with the county auditor of that county.  Affidavits and 
  3.20  petitions for offices to be voted on in more than one county 
  3.21  shall be filed with the secretary of state. 
  3.22     Sec. 4.  Minnesota Statutes 1998, section 204B.09, 
  3.23  subdivision 1a, is amended to read: 
  3.24     Subd. 1a.  [ABSENT CANDIDATES.] A candidate for county, 
  3.25  metropolitan council, state, or federal office who will be 
  3.26  absent from the state during the filing period may submit a 
  3.27  properly executed affidavit of candidacy, the appropriate filing 
  3.28  fee, and any necessary petitions in person to the filing 
  3.29  officer.  The candidate shall state in writing the reason for 
  3.30  being unable to submit the affidavit during the filing period.  
  3.31  The affidavit, filing fee, and petitions must be submitted to 
  3.32  the filing officer during the seven days immediately preceding 
  3.33  the candidate's absence from the state.  Nominating petitions 
  3.34  may be signed during the 14 days immediately preceding the date 
  3.35  when the affidavit of candidacy is filed. 
  3.36     Sec. 5.  Minnesota Statutes 1998, section 204B.11, is 
  4.1   amended to read: 
  4.2      204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF 
  4.3   FILING FEE.] 
  4.4      Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
  4.5   Except as provided by subdivision 2, a filing fee shall be paid 
  4.6   by each candidate who files an affidavit of candidacy.  The fee 
  4.7   shall be paid at the time the affidavit is filed.  The amount of 
  4.8   the filing fee shall vary with the office sought as follows: 
  4.9      (a) for the office of governor, lieutenant governor, 
  4.10  attorney general, state auditor, state treasurer, secretary of 
  4.11  state, representative in Congress, judge of the supreme court, 
  4.12  judge of the court of appeals, or judge of the district court, 
  4.13  $300; 
  4.14     (b) for the office of senator in Congress, $400; 
  4.15     (c) for office of senator or representative in the 
  4.16  legislature, $100; 
  4.17     (d) for a metropolitan council or county office, $50; and 
  4.18     (e) for the office of soil and water conservation district 
  4.19  supervisor, $20. 
  4.20     For the office of presidential elector, and for those 
  4.21  offices for which no compensation is provided, no filing fee is 
  4.22  required. 
  4.23     The filing fees received by the county auditor shall 
  4.24  immediately be paid to the county treasurer.  The filing fees 
  4.25  received by the secretary of state shall immediately be paid to 
  4.26  the state treasurer. 
  4.27     When an affidavit of candidacy has been filed with the 
  4.28  appropriate filing officer and the requisite filing fee has been 
  4.29  paid, the filing fee shall not be refunded.  If a candidate's 
  4.30  filing fee is paid with a check, draft, or similar negotiable 
  4.31  instrument for which sufficient funds are not available or that 
  4.32  is dishonored, notice to the candidate of the worthless 
  4.33  instrument must be sent by the filing officer via registered 
  4.34  mail no later than immediately upon the closing of the filing 
  4.35  deadline with return receipt requested.  The candidate will have 
  4.36  five days from the time the filing officer receives proof of 
  5.1   receipt to issue a check or other instrument for which 
  5.2   sufficient funds are available.  The candidate issuing the 
  5.3   worthless instrument is liable for a service charge pursuant to 
  5.4   section 332.50.  If adequate payment is not made, the name of 
  5.5   the candidate must not appear on any official ballot and the 
  5.6   candidate is liable for all costs incurred by election officials 
  5.7   in removing the name from the ballot. 
  5.8      Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
  5.9   filing an affidavit of candidacy, a candidate may present a 
  5.10  petition in place of the filing fee.  The petition may be signed 
  5.11  by any individual eligible to vote for the candidate.  A 
  5.12  nominating petition filed pursuant to section 204B.07 or 
  5.13  204B.13, subdivision 4, is effective as a petition in place of a 
  5.14  filing fee if the nominating petition includes a prominent 
  5.15  statement informing the signers of the petition that it will be 
  5.16  used for that purpose.  
  5.17     The number of signatures on a petition in place of a filing 
  5.18  fee shall be as follows:  
  5.19     (a) for a state office voted on statewide, or for president 
  5.20  of the United States, or United States senator, 2,000; 
  5.21     (b) for a congressional office, 1,000; 
  5.22     (c) for a county, metropolitan council, or legislative 
  5.23  office, or for the office of district judge, 500; and 
  5.24     (d) for any other office which requires a filing fee as 
  5.25  prescribed by law, municipal charter, or ordinance, the lesser 
  5.26  of 500 signatures or five percent of the total number of votes 
  5.27  cast in the municipality, ward, or other election district at 
  5.28  the preceding general election at which that office was on the 
  5.29  ballot.  
  5.30     An official with whom petitions are filed shall make sample 
  5.31  forms for petitions in place of filing fees available upon 
  5.32  request.  
  5.33     Sec. 6.  Minnesota Statutes 1998, section 204B.135, 
  5.34  subdivision 2, is amended to read: 
  5.35     Subd. 2.  [OTHER ELECTION DISTRICTS.] For purposes of this 
  5.36  subdivision, "local government election district" means a county 
  6.1   district, park and recreation district, school district, 
  6.2   metropolitan council district, or soil and water conservation 
  6.3   district.  Local government election districts, other than city 
  6.4   wards covered by subdivision 1, may not be redistricted until 
  6.5   precinct boundaries are reestablished under section 204B.14, 
  6.6   subdivision 3, paragraph (c).  Election districts covered by 
  6.7   this subdivision must be redistricted within 80 days of the time 
  6.8   when the legislature has been redistricted or at least 15 weeks 
  6.9   before the state primary election in the year ending in two, 
  6.10  whichever comes first. 
  6.11     Sec. 7.  Minnesota Statutes 1998, section 204B.32, 
  6.12  subdivision 2, is amended to read: 
  6.13     Subd. 2.  [ALLOCATION OF ELECTION EXPENSES.] The secretary 
  6.14  of state shall develop procedures for the allocation of election 
  6.15  expenses among counties, municipalities, and school districts, 
  6.16  and the metropolitan council for elections that are held 
  6.17  concurrently.  The following expenses must be included in the 
  6.18  procedures:  salaries of election judges; postage for absentee 
  6.19  ballots and applications; preparation of polling places; 
  6.20  preparation and testing of electronic voting systems; ballot 
  6.21  preparation; publication of election notices and sample ballots; 
  6.22  transportation of ballots and election supplies; and 
  6.23  compensation for administrative expenses of the county auditor, 
  6.24  municipal clerk, or school district clerk. 
  6.25     Sec. 8.  Minnesota Statutes 1998, section 204D.02, 
  6.26  subdivision 1, is amended to read: 
  6.27     Subdivision 1.  [OFFICERS.] All elective state, 
  6.28  metropolitan council, and county officers, justices of the 
  6.29  supreme court, judges of the court of appeals and district 
  6.30  court, state senators and state representatives, and senators 
  6.31  and representatives in Congress shall be elected at the state 
  6.32  general election held in the year before their terms of office 
  6.33  expire.  Presidential electors shall be chosen at the state 
  6.34  general election held in the year before the expiration of a 
  6.35  term of a president of the United States.  
  6.36     Sec. 9.  Minnesota Statutes 1998, section 204D.08, 
  7.1   subdivision 6, is amended to read: 
  7.2      Subd. 6.  [STATE AND COUNTY NONPARTISAN PRIMARY BALLOT.] 
  7.3   The state and county nonpartisan primary ballot shall be headed 
  7.4   "State and County Nonpartisan Primary Ballot."  It shall be 
  7.5   printed on canary paper.  The names of candidates for nomination 
  7.6   to the supreme court, court of appeals, district court, and 
  7.7   all metropolitan council and county offices shall be placed on 
  7.8   this ballot.  
  7.9      No candidate whose name is placed on the state and county 
  7.10  nonpartisan primary ballot shall be designated or identified as 
  7.11  the candidate of any political party or in any other manner 
  7.12  except as expressly provided by law.  
  7.13     Sec. 10.  [204D.265] [VACANCY IN OFFICE OF METROPOLITAN 
  7.14  COUNCIL MEMBER.] 
  7.15     Subdivision 1.  [ELECTION IN 30 TO 60 DAYS.] Except as 
  7.16  provided in subdivision 3, a vacancy in the office of 
  7.17  metropolitan council member must be filled at a special election 
  7.18  scheduled by the metropolitan council on a date not less than 30 
  7.19  nor more than 60 days after the vacancy occurs.  The special 
  7.20  primary or special election may be held on the same day as a 
  7.21  regular primary or regular election but the special election 
  7.22  must be held not less than 14 days after the special primary.  
  7.23  The person elected at the special election shall take office 
  7.24  immediately after receipt of the certificate of election and 
  7.25  upon taking the oath of office and shall serve the remainder of 
  7.26  the unexpired term.  If the metropolitan council districts have 
  7.27  been redrawn since the commencement of the term of the vacant 
  7.28  office, the election shall be based on the district as redrawn. 
  7.29     Subd. 2.  [WHEN VICTOR SEATED IMMEDIATELY.] If a vacancy 
  7.30  for which a special election is required occurs less than 60 
  7.31  days before the general election preceding the end of the term, 
  7.32  the vacancy must be filled by the person elected at that 
  7.33  election for the ensuing term who shall take office immediately 
  7.34  after receiving the certificate of election and taking the oath 
  7.35  of office.  
  7.36     Subd. 3.  [INABILITY OR REFUSAL TO SERVE.] In addition to 
  8.1   when the events specified in section 351.02 happen, a vacancy in 
  8.2   the office of metropolitan council member may be declared by the 
  8.3   metropolitan council when a member is unable to serve in the 
  8.4   office or attend council meetings for a 90-day period because of 
  8.5   illness, or because of absence from or refusal to attend council 
  8.6   meetings for a 90-day period.  If any of the preceding 
  8.7   conditions occur, the council may, after the council by 
  8.8   resolution has declared a vacancy to exist, make an appointment 
  8.9   to fill the vacancy at a regular or special meeting for the 
  8.10  remainder of the unexpired term or until the ill or absent 
  8.11  member is again able to resume duties and attend council 
  8.12  meetings, whichever is earlier.  If the original member is again 
  8.13  able to resume duties and attend council meetings, the council 
  8.14  shall by resolution so determine and remove the appointed 
  8.15  officeholder and restore the original member to office.  
  8.16     Sec. 11.  Minnesota Statutes 1998, section 204D.27, is 
  8.17  amended by adding a subdivision to read: 
  8.18     Subd. 12.  [SPECIAL METROPOLITAN COUNCIL ELECTION.] (a) 
  8.19  [STATE CANVASSING BOARD.] Except as provided in subdivision 4, 
  8.20  the state canvassing board shall complete its canvass of a 
  8.21  special election for metropolitan council member and declare the 
  8.22  results within four days, excluding Sundays and legal holidays, 
  8.23  after the returns of the county canvassing boards are certified 
  8.24  to the secretary of state. 
  8.25     (b) [ELECTION CONTEST.] In case of a contest of a special 
  8.26  election for metropolitan council member, the notice of contest 
  8.27  must be filed within two days, excluding Sundays and legal 
  8.28  holidays, after the canvass is completed, and the contest 
  8.29  otherwise must proceed in the manner provided by law for 
  8.30  contesting elections. 
  8.31     (c) [CERTIFICATE OF ELECTION.] A certificate of election in 
  8.32  a special election for metropolitan council member must be 
  8.33  issued by the county auditor or the secretary of state to the 
  8.34  individual declared elected by the county or state canvassing 
  8.35  board, two days, excluding Sundays and legal holidays, after the 
  8.36  appropriate canvassing board finishes canvassing the returns for 
  9.1   the election.  In case of a contest, the certificate must not be 
  9.2   issued until the district court determines the contest. 
  9.3      Sec. 12.  Minnesota Statutes 1998, section 209.02, 
  9.4   subdivision 1, is amended to read: 
  9.5      Subdivision 1.  Any eligible voter, including a candidate, 
  9.6   may contest in the manner provided in this chapter:  (1) the 
  9.7   nomination or election of any person for whom the voter had the 
  9.8   right to vote if that person is declared nominated or elected to 
  9.9   the senate or the house of representatives of the United States, 
  9.10  or to a statewide, metropolitan council, county, legislative, 
  9.11  municipal, school, or district court office; or (2) the declared 
  9.12  result of a constitutional amendment or other question voted 
  9.13  upon at an election.  The contest may be brought over an 
  9.14  irregularity in the conduct of an election or canvass of votes, 
  9.15  over the question of who received the largest number of votes 
  9.16  legally cast, over the number of votes legally cast in favor of 
  9.17  or against a question, or on the grounds of deliberate, serious, 
  9.18  and material violations of the Minnesota Election Law. 
  9.19     Sec. 13.  Minnesota Statutes 1998, section 211B.01, 
  9.20  subdivision 3, is amended to read: 
  9.21     Subd. 3.  [CANDIDATE.] "Candidate" means an individual who 
  9.22  seeks nomination or election to a federal, statewide, 
  9.23  metropolitan council, legislative, judicial, or local office 
  9.24  including special districts, school districts, towns, home rule 
  9.25  charter and statutory cities, and counties, except candidates 
  9.26  for president and vice-president of the United States.  
  9.27     Sec. 14.  Minnesota Statutes 1998, section 353D.01, 
  9.28  subdivision 2, is amended to read: 
  9.29     Subd. 2.  [ELIGIBILITY.] (a) Eligibility to participate in 
  9.30  the defined contribution plan is available to: 
  9.31     (1) elected local government officials of a governmental 
  9.32  subdivision who elect to participate in the plan under section 
  9.33  353D.02, subdivision 1, and who, for the elected service 
  9.34  rendered to a governmental subdivision, are not members of the 
  9.35  public employees retirement association within the meaning of 
  9.36  section 353.01, subdivision 7; 
 10.1      (2) physicians who, if they did not elect to participate in 
 10.2   the plan under section 353D.02, subdivision 2, would meet the 
 10.3   definition of member under section 353.01, subdivision 7; and 
 10.4      (3) basic and advanced life support emergency medical 
 10.5   service personnel employed by or providing services for any 
 10.6   public ambulance service or privately operated ambulance service 
 10.7   that receives an operating subsidy from a governmental entity 
 10.8   that elects to participate under section 353D.02, subdivision 3. 
 10.9      (b) For purposes of this chapter, an elected local 
 10.10  government official includes a person appointed to fill a 
 10.11  vacancy in an elective office and a member of the metropolitan 
 10.12  council.  Service as an elected local government official only 
 10.13  includes service for the governmental subdivision for which the 
 10.14  official was elected by the public-at-large.  Service as an 
 10.15  elected local government official ceases and eligibility to 
 10.16  participate terminates when the person ceases to be an elected 
 10.17  official.  An elected local government official does not include 
 10.18  an elected county sheriff.  
 10.19     (c) Elected local government officials, physicians, and 
 10.20  first response personnel and emergency medical service personnel 
 10.21  who are currently covered by a public or private pension plan 
 10.22  because of their employment or provision of services are not 
 10.23  eligible to participate in the public employees defined 
 10.24  contribution plan.  
 10.25     (d) A former participant is a person who has terminated 
 10.26  eligible employment or service and has not withdrawn the value 
 10.27  of the person's individual account. 
 10.28     Sec. 15.  Minnesota Statutes 1998, section 473.123, 
 10.29  subdivision 1, is amended to read: 
 10.30     Subdivision 1.  [CREATION.] A metropolitan council with 
 10.31  jurisdiction in the metropolitan area is established as a public 
 10.32  corporation and political subdivision of the state.  It shall be 
 10.33  under the supervision and control of 17 members, all of whom 
 10.34  shall be residents of the metropolitan area elected from 
 10.35  districts as provided in section 473.124. 
 10.36     Sec. 16.  Minnesota Statutes 1998, section 473.123, 
 11.1   subdivision 4, is amended to read: 
 11.2      Subd. 4.  [CHAIR; APPOINTMENT, OFFICERS, SELECTION; DUTIES 
 11.3   AND COMPENSATION.] (a) The chair of the metropolitan council 
 11.4   shall be appointed by the governor as the 17th voting member 
 11.5   thereof by and with the advice and consent of the senate to 
 11.6   serve at the pleasure of the governor to represent the 
 11.7   metropolitan area at large.  Senate confirmation shall be as 
 11.8   provided by section 15.066 elected by and from among the members 
 11.9   of the council to serve a one-year term.  
 11.10     The chair of the metropolitan council shall, if present, 
 11.11  preside at meetings of the council, have the primary 
 11.12  responsibility for meeting with local elected officials, serve 
 11.13  as the principal legislative liaison, present to the governor 
 11.14  and the legislature, after council approval, the council's plans 
 11.15  for regional governance and operations, serve as the principal 
 11.16  spokesperson of the council, and perform other duties assigned 
 11.17  by the council or by law. 
 11.18     (b) The metropolitan council shall elect other officers as 
 11.19  it deems necessary for the conduct of its affairs for a one-year 
 11.20  term.  A secretary and treasurer need not be members of the 
 11.21  metropolitan council.  Meeting times and places shall be fixed 
 11.22  by the metropolitan council and special meetings may be called 
 11.23  by a majority of the members of the metropolitan council or by 
 11.24  the chair.  The chair and each metropolitan council member shall 
 11.25  be reimbursed for actual and necessary expenses.  The annual 
 11.26  budget of the council shall provide as a separate account 
 11.27  anticipated expenditures for compensation, travel, and 
 11.28  associated expenses for the chair and members, and compensation 
 11.29  or reimbursement shall be made to the chair and members only 
 11.30  when budgeted. 
 11.31     (c) Each member of the council shall attend and participate 
 11.32  in council meetings and meet regularly with local elected 
 11.33  officials and legislative members from the council member's 
 11.34  district.  Each council member shall serve on at least one 
 11.35  division committee for transportation, environment, or community 
 11.36  development. 
 12.1      (d) In the performance of its duties the metropolitan 
 12.2   council may adopt policies and procedures governing its 
 12.3   operation, establish committees, and, when specifically 
 12.4   authorized by law, make appointments to other governmental 
 12.5   agencies and districts.  
 12.6      Sec. 17.  Minnesota Statutes 1998, section 473.123, 
 12.7   subdivision 7, is amended to read: 
 12.8      Subd. 7.  [PERFORMANCE AND BUDGET ANALYST.] The council, 
 12.9   other than the chair, may hire a performance and budget analyst 
 12.10  to assist the 16 council members with policy and budget analysis 
 12.11  and evaluation of the council's performance.  The analyst may 
 12.12  recommend and the council may hire up to two additional analysts 
 12.13  to assist the council with performance evaluation and budget 
 12.14  analysis.  The analyst and any additional analysts hired shall 
 12.15  serve at the pleasure of the council members.  The 16 members of 
 12.16  the council may prescribe all terms and conditions for the 
 12.17  employment of the analyst and any additional analysts hired, 
 12.18  including, but not limited to, the fixing of compensation, 
 12.19  benefits, and insurance.  The analyst shall prepare the budget 
 12.20  for the provisions of this section subdivision and submit the 
 12.21  budget for council approval and inclusion in the council's 
 12.22  overall budget. 
 12.23     Sec. 18.  [473.124] [METROPOLITAN COUNCIL ELECTIONS.] 
 12.24     Subdivision 1.  [NUMBER OF MEMBERS.] The metropolitan 
 12.25  council consists of 16 members. 
 12.26     Subd. 2.  [DISTRICTS. ] (a) After each federal decennial 
 12.27  census, the metropolitan council shall divide the metropolitan 
 12.28  area into as many districts as there are members.  Each district 
 12.29  is entitled to elect one member.  The districts must be bounded 
 12.30  by town, municipal, ward, or precinct lines.  The districts must 
 12.31  be composed of compact, convenient, and contiguous territory and 
 12.32  must be substantially equal in population.  The population of 
 12.33  the largest district must not exceed the population of the 
 12.34  smallest district by more than ten percent, unless the result 
 12.35  would force a voting precinct to be split.  A metropolitan 
 12.36  council district may not include territory in more than one 
 13.1   county unless necessary to meet equal population requirements.  
 13.2   The districts must be numbered in a regular series. 
 13.3      (b) The districts must be redrawn within the time provided 
 13.4   in section 204B.135, subdivision 2.  Before acting to 
 13.5   redistrict, the council shall publish three weeks' notice of its 
 13.6   purpose, stating the time and place of the meeting where the 
 13.7   matter will be considered, in newspapers of general circulation. 
 13.8   The council shall file a map of the new districts with the 
 13.9   secretary of state. 
 13.10     Subd. 3.  [TERMS.] Members serve a term of four years, 
 13.11  except to fill a vacancy, and there must be a new election of 
 13.12  all the members at the first election after each decennial 
 13.13  redistricting and the members elected at that election from 
 13.14  districts with odd numbers serve for an initial term of two 
 13.15  years. 
 13.16     Subd. 4.  [CONTRIBUTION LIMITS.] A candidate for the 
 13.17  metropolitan council may not accept aggregate contributions made 
 13.18  or delivered by an individual or committee in excess of $300 in 
 13.19  an election year for the metropolitan council and $100 in other 
 13.20  years. 
 13.21     Sec. 19.  [TRANSITION.] 
 13.22     The appointed chair and appointed metropolitan council 
 13.23  members holding office on the effective date of this section, 
 13.24  and any successor appointed to serve as the council chair or as 
 13.25  a member, shall continue in office until the first Monday in 
 13.26  January 2003. 
 13.27     Sec. 20.  [APPLICATION.] 
 13.28     This act applies in the counties of Anoka, Carver, Dakota, 
 13.29  Hennepin, Ramsey, Scott, and Washington. 
 13.30     Sec. 21.  [REPEALER.] 
 13.31     Minnesota Statutes 1998, section 473.123, subdivisions 2a, 
 13.32  3, 3a, and 3c, are repealed. 
 13.33     Sec. 22.  [EFFECTIVE DATE.] 
 13.34     This act is effective for the state primary in 2002 and 
 13.35  thereafter.