SF 2670

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to metropolitan government; regulating 
  1.3             economic interest statements of candidates and 
  1.4             members; regulating contributions to candidates; 
  1.5             requiring a study; amending Minnesota Statutes 1996, 
  1.6             sections 10A.01, subdivision 5; 10A.09, subdivision 
  1.7             6a; 10A.27, subdivision 1; 15.0597, subdivision 1; 
  1.8             204B.06, subdivision 4; 204B.09, subdivisions 1 and 
  1.9             1a; 204B.11; 204B.135, subdivision 2; 204B.32, 
  1.10            subdivision 2; 204D.02, subdivision 1; 204D.08, 
  1.11            subdivision 6; 204D.27, by adding a subdivision; 
  1.12            209.02, subdivision 1; 211A.01, subdivision 3; 
  1.13            211B.01, subdivision 3; 353D.01, subdivision 2; 
  1.14            375.09; and 473.123, subdivisions 1, 4, 7, and by 
  1.15            adding a subdivision; proposing coding for new law in 
  1.16            Minnesota Statutes, chapters 204D; and 473; repealing 
  1.17            Minnesota Statutes 1996, sections 473.123, 
  1.18            subdivisions 2a, 3, 3a, and 3c; and Laws 1994, chapter 
  1.19            628, article 1, section 8. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 1996, section 10A.01, 
  1.22  subdivision 5, is amended to read: 
  1.23     Subd. 5.  [CANDIDATE.] "Candidate" means an individual who 
  1.24  seeks nomination or election to any statewide or legislative 
  1.25  office for which reporting is not required under federal laws.  
  1.26  The term candidate shall also include an individual who seeks 
  1.27  nomination or election to supreme court, court of appeals, or 
  1.28  district court judgeships of the state.  "Candidate" also means 
  1.29  an individual who seeks nomination or election to the 
  1.30  metropolitan council.  An individual shall be deemed to seek 
  1.31  nomination or election if the individual has taken the action 
  1.32  necessary under the law of the state of Minnesota to qualify for 
  2.1   nomination or election, has received contributions or made 
  2.2   expenditures in excess of $100, or has given implicit or 
  2.3   explicit consent for any other person to receive contributions 
  2.4   or make expenditures in excess of $100, for the purpose of 
  2.5   bringing about the individual's nomination or election.  A 
  2.6   candidate remains a candidate until the candidate's principal 
  2.7   campaign committee is dissolved as provided in section 10A.24. 
  2.8      Sec. 2.  Minnesota Statutes 1996, section 10A.09, 
  2.9   subdivision 6a, is amended to read: 
  2.10     Subd. 6a.  [LOCAL OFFICIALS.] A local official required to 
  2.11  file a statement under this section shall file it with the 
  2.12  governing body of the official's political subdivision, except 
  2.13  that a candidate for or member of the metropolitan council shall 
  2.14  file the statement with the board.  The governing body shall 
  2.15  maintain statements filed with it under this subdivision as 
  2.16  public data. 
  2.17     Sec. 3.  Minnesota Statutes 1996, section 10A.27, 
  2.18  subdivision 1, is amended to read: 
  2.19     Subdivision 1.  [CONTRIBUTION LIMITS.] Except as provided 
  2.20  in subdivision 2, no candidate shall permit the candidate's 
  2.21  principal campaign committee to accept aggregate contributions 
  2.22  made or delivered by any individual, political committee, or 
  2.23  political fund in excess of the following: 
  2.24     (a) to candidates for governor and lieutenant governor 
  2.25  running together, $2,000 in an election year for the office 
  2.26  sought and $500 in other years; 
  2.27     (b) to a candidate for attorney general, $1,000 in an 
  2.28  election year for the office sought and $200 in other years; 
  2.29     (c) to a candidate for the office of secretary of state, 
  2.30  state treasurer or state auditor, $500 in an election year for 
  2.31  the office sought and $100 in other years; 
  2.32     (d) to a candidate for state senator, $500 in an election 
  2.33  year for the office sought and $100 in other years; and 
  2.34     (e) to a candidate for state representative or metropolitan 
  2.35  council member, $500 in an election year for the office sought 
  2.36  and $100 in the other a nonelection year. 
  3.1      The following deliveries are not subject to the bundling 
  3.2   limitation in this subdivision: 
  3.3      (1) delivery of contributions collected by a member of the 
  3.4   candidate's principal campaign committee, such as a block worker 
  3.5   or a volunteer who hosts a fund raising event, to the 
  3.6   committee's treasurer; and 
  3.7      (2) a delivery made by an individual on behalf of the 
  3.8   individual's spouse.  
  3.9      Sec. 4.  Minnesota Statutes 1996, section 15.0597, 
  3.10  subdivision 1, is amended to read: 
  3.11     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  3.12  following terms shall have the meanings given them. 
  3.13     (a) "Agency" means (1) a state board, commission, council, 
  3.14  committee, authority, task force, including an advisory task 
  3.15  force created under section 15.014 or 15.0593, a group created 
  3.16  by executive order of the governor, or other similar multimember 
  3.17  agency created by law and having statewide jurisdiction; and (2) 
  3.18  the metropolitan council, a metropolitan agency, capitol area 
  3.19  architectural and planning board, and any agency with a regional 
  3.20  jurisdiction created in this state pursuant to an interstate 
  3.21  compact. 
  3.22     (b) "Vacancy" or "vacant agency position" means (1) a 
  3.23  vacancy in an existing agency, or (2) a new, unfilled agency 
  3.24  position.  Vacancy includes a position that is to be filled 
  3.25  through appointment of a nonlegislator by a legislator or group 
  3.26  of legislators; vacancy does not mean (1) a vacant position on 
  3.27  an agency composed exclusively of persons employed by a 
  3.28  political subdivision or another agency, or (2) a vacancy to be 
  3.29  filled by a person required to have a specific title or position.
  3.30     (c) "Secretary" means the secretary of state. 
  3.31     Sec. 5.  Minnesota Statutes 1996, section 204B.06, 
  3.32  subdivision 4, is amended to read: 
  3.33     Subd. 4.  [PARTICULAR OFFICES.] Candidates who seek 
  3.34  nomination for the following offices shall state the following 
  3.35  additional information on the affidavit:  
  3.36     (a) for United States senator, that the candidate will be 
  4.1   30 years of age or older and a citizen of the United States for 
  4.2   not less than nine years on the next January 3 or, in the case 
  4.3   of an election to fill a vacancy, within 21 days after the 
  4.4   special election; 
  4.5      (b) for United States representative, that the candidate 
  4.6   will be 25 years of age or older and a citizen of the United 
  4.7   States for not less than seven years on the next January 3 or, 
  4.8   in the case of an election to fill a vacancy, within 21 days 
  4.9   after the special election; 
  4.10     (c) for governor or lieutenant governor, that on the first 
  4.11  Monday of the next January the candidate will be 25 years of age 
  4.12  or older and, on the day of the state general election, a 
  4.13  resident of Minnesota for not less than one year; 
  4.14     (d) for supreme court justice, court of appeals judge, or 
  4.15  district court judge, that the candidate is learned in the law; 
  4.16     (e) for metropolitan council, county, municipal, school 
  4.17  district, or special district office, that the candidate meets 
  4.18  any other qualifications for that office prescribed by law; 
  4.19     (f) for senator or representative in the legislature, that 
  4.20  on the day of the general or special election to fill the office 
  4.21  the candidate will have resided not less than one year in the 
  4.22  state and not less than six months in the legislative district 
  4.23  from which the candidate seeks election. 
  4.24     Sec. 6.  Minnesota Statutes 1996, section 204B.09, 
  4.25  subdivision 1, is amended to read: 
  4.26     Subdivision 1.  [CANDIDATES IN STATE AND COUNTY GENERAL 
  4.27  ELECTIONS.] Except as otherwise provided by this subdivision, 
  4.28  affidavits of candidacy and nominating petitions for county, 
  4.29  metropolitan council, state and federal offices filled at the 
  4.30  state general election shall be filed not more than 70 days nor 
  4.31  less than 56 days before the state primary.  The affidavit may 
  4.32  be prepared and signed at any time between 60 days before the 
  4.33  filing period opens and the last day of the filing period.  
  4.34  Notwithstanding other law to the contrary, the affidavit of 
  4.35  candidacy must be signed in the presence of a notarial officer.  
  4.36  Candidates for presidential electors may file petitions on or 
  5.1   before the state primary day.  Nominating petitions to fill 
  5.2   vacancies in nominations shall be filed as provided in section 
  5.3   204B.13.  No affidavit or petition shall be accepted later than 
  5.4   5:00 p.m. on the last day for filing.  Affidavits and petitions 
  5.5   for offices to be voted on in only one county shall be filed 
  5.6   with the county auditor of that county.  Affidavits and 
  5.7   petitions for offices to be voted on in more than one county 
  5.8   shall be filed with the secretary of state. 
  5.9      Sec. 7.  Minnesota Statutes 1996, section 204B.09, 
  5.10  subdivision 1a, is amended to read: 
  5.11     Subd. 1a.  [ABSENT CANDIDATES.] A candidate for county, 
  5.12  metropolitan council, state, or federal office who will be 
  5.13  absent from the state during the filing period may submit a 
  5.14  properly executed affidavit of candidacy, the appropriate filing 
  5.15  fee, and any necessary petitions in person to the filing 
  5.16  officer.  The candidate shall state in writing the reason for 
  5.17  being unable to submit the affidavit during the filing period.  
  5.18  The affidavit, filing fee, and petitions must be submitted to 
  5.19  the filing officer during the seven days immediately preceding 
  5.20  the candidate's absence from the state.  Nominating petitions 
  5.21  may be signed during the 14 days immediately preceding the date 
  5.22  when the affidavit of candidacy is filed. 
  5.23     Sec. 8.  Minnesota Statutes 1996, section 204B.11, is 
  5.24  amended to read: 
  5.25     204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF 
  5.26  FILING FEE.] 
  5.27     Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
  5.28  Except as provided by subdivision 2, a filing fee shall be paid 
  5.29  by each candidate who files an affidavit of candidacy.  The fee 
  5.30  shall be paid at the time the affidavit is filed.  The amount of 
  5.31  the filing fee shall vary with the office sought as follows: 
  5.32     (a) for the office of governor, lieutenant governor, 
  5.33  attorney general, state auditor, state treasurer, secretary of 
  5.34  state, representative in Congress, judge of the supreme court, 
  5.35  judge of the court of appeals, judge of the district court, or 
  5.36  judge of the county municipal court of Hennepin county, $300; 
  6.1      (b) for the office of senator in Congress, $400; 
  6.2      (c) for office of senator or representative in the 
  6.3   legislature, $100; 
  6.4      (d) for a metropolitan council or county office, $50; and 
  6.5      (e) for the office of soil and water conservation district 
  6.6   supervisor, $20. 
  6.7      For the office of presidential elector, and for those 
  6.8   offices for which no compensation is provided, no filing fee is 
  6.9   required. 
  6.10     The filing fees received by the county auditor shall 
  6.11  immediately be paid to the county treasurer.  The filing fees 
  6.12  received by the secretary of state shall immediately be paid to 
  6.13  the state treasurer. 
  6.14     When an affidavit of candidacy has been filed with the 
  6.15  appropriate filing officer and the requisite filing fee has been 
  6.16  paid, the filing fee shall not be refunded.  If a candidate's 
  6.17  filing fee is paid with a check, draft, or similar negotiable 
  6.18  instrument for which sufficient funds are not available or that 
  6.19  is dishonored, notice to the candidate of the worthless 
  6.20  instrument must be sent by the filing officer via registered 
  6.21  mail no later than immediately upon the closing of the filing 
  6.22  deadline with return receipt requested.  The candidate will have 
  6.23  five days from the time the filing officer receives proof of 
  6.24  receipt to issue a check or other instrument for which 
  6.25  sufficient funds are available.  The candidate issuing the 
  6.26  worthless instrument is liable for a service charge pursuant to 
  6.27  section 332.50.  If adequate payment is not made, the name of 
  6.28  the candidate must not appear on any official ballot and the 
  6.29  candidate is liable for all costs incurred by election officials 
  6.30  in removing the name from the ballot. 
  6.31     Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
  6.32  filing an affidavit of candidacy, a candidate may present a 
  6.33  petition in place of the filing fee.  The petition may be signed 
  6.34  by any individual eligible to vote for the candidate.  A 
  6.35  nominating petition filed pursuant to section 204B.07 or 
  6.36  204B.13, subdivision 4, is effective as a petition in place of a 
  7.1   filing fee if the nominating petition includes a prominent 
  7.2   statement informing the signers of the petition that it will be 
  7.3   used for that purpose.  
  7.4      The number of signatures on a petition in place of a filing 
  7.5   fee shall be as follows:  
  7.6      (a) for a state office voted on statewide, or for president 
  7.7   of the United States, or United States senator, 2,000; 
  7.8      (b) for a congressional office, 1,000; 
  7.9      (c) for a county, metropolitan council, or legislative 
  7.10  office, or for the office of district, county, or county 
  7.11  municipal judge, 500; and 
  7.12     (d) for any other office which requires a filing fee as 
  7.13  prescribed by law, municipal charter, or ordinance, the lesser 
  7.14  of 500 signatures or five percent of the total number of votes 
  7.15  cast in the municipality, ward, or other election district at 
  7.16  the preceding general election at which that office was on the 
  7.17  ballot.  
  7.18     An official with whom petitions are filed shall make sample 
  7.19  forms for petitions in place of filing fees available upon 
  7.20  request. 
  7.21     Sec. 9.  Minnesota Statutes 1996, section 204B.135, 
  7.22  subdivision 2, is amended to read: 
  7.23     Subd. 2.  [OTHER ELECTION DISTRICTS.] For purposes of this 
  7.24  subdivision, "local government election district" means a county 
  7.25  district, park and recreation district, school district, 
  7.26  metropolitan council district, or soil and water conservation 
  7.27  district.  Local government election districts, other than city 
  7.28  wards covered by subdivision 1, may not be redistricted until 
  7.29  precinct boundaries are reestablished under section 204B.14, 
  7.30  subdivision 3, paragraph (c).  Election districts covered by 
  7.31  this subdivision must be redistricted within 80 days of the time 
  7.32  when the legislature has been redistricted or at least 15 weeks 
  7.33  before the state primary election in the year ending in two, 
  7.34  whichever comes first. 
  7.35     Sec. 10.  Minnesota Statutes 1996, section 204B.32, 
  7.36  subdivision 2, is amended to read: 
  8.1      Subd. 2.  [ALLOCATION OF ELECTION EXPENSES.] The secretary 
  8.2   of state shall develop procedures for the allocation of election 
  8.3   expenses among counties, municipalities, and school districts, 
  8.4   and the metropolitan council for elections that are held 
  8.5   concurrently.  The following expenses must be included in the 
  8.6   procedures:  salaries of election judges; postage for absentee 
  8.7   ballots and applications; preparation of polling places; 
  8.8   preparation and testing of electronic voting systems; ballot 
  8.9   preparation; publication of election notices and sample ballots; 
  8.10  transportation of ballots and election supplies; and 
  8.11  compensation for administrative expenses of the county auditor, 
  8.12  municipal clerk, or school district clerk. 
  8.13     Sec. 11.  Minnesota Statutes 1996, section 204D.02, 
  8.14  subdivision 1, is amended to read: 
  8.15     Subdivision 1.  [OFFICERS.] All elective state, 
  8.16  metropolitan council, and county officers, justices of the 
  8.17  supreme court, judges of the court of appeals, district, county 
  8.18  and county municipal courts, state senators and state 
  8.19  representatives, and senators and representatives in Congress 
  8.20  shall be elected at the state general election held in the year 
  8.21  before their terms of office expire.  Presidential electors 
  8.22  shall be chosen at the state general election held in the year 
  8.23  before the expiration of a term of a president of the United 
  8.24  States.  
  8.25     Sec. 12.  Minnesota Statutes 1996, section 204D.08, 
  8.26  subdivision 6, is amended to read: 
  8.27     Subd. 6.  [STATE AND COUNTY NONPARTISAN PRIMARY BALLOT.] 
  8.28  The state and county nonpartisan primary ballot shall be headed 
  8.29  "State and County Nonpartisan Primary Ballot."  It shall be 
  8.30  printed on canary paper.  The names of candidates for nomination 
  8.31  to the supreme court, court of appeals, district, county and 
  8.32  county municipal courts and all metropolitan council and county 
  8.33  offices shall be placed on this ballot.  
  8.34     No candidate whose name is placed on the state and county 
  8.35  nonpartisan primary ballot shall be designated or identified as 
  8.36  the candidate of any political party or in any other manner 
  9.1   except as expressly provided by law.  
  9.2      Sec. 13.  [204D.265] [VACANCY IN OFFICE OF METROPOLITAN 
  9.3   COUNCIL MEMBER.] 
  9.4      Subdivision 1.  [ELECTION IN 30 TO 60 DAYS.] Except as 
  9.5   provided in subdivision 3, a vacancy in the office of 
  9.6   metropolitan council member must be filled at a special election 
  9.7   scheduled by the metropolitan council on a date not less than 30 
  9.8   nor more than 60 days after the vacancy occurs.  The special 
  9.9   primary or special election may be held on the same day as a 
  9.10  regular primary or regular election but the special election 
  9.11  must be held not less than 14 days after the special primary.  
  9.12  The person elected at the special election shall take office 
  9.13  immediately after receipt of the certificate of election and 
  9.14  upon taking the oath of office and shall serve the remainder of 
  9.15  the unexpired term.  If the metropolitan council districts have 
  9.16  been redrawn since the commencement of the term of the vacant 
  9.17  office, the election shall be based on the district as redrawn.  
  9.18     Subd. 2.  [WHEN VICTOR SEATED IMMEDIATELY.] If a vacancy 
  9.19  for which a special election is required occurs less than 60 
  9.20  days before the general election preceding the end of the term, 
  9.21  the vacancy must be filled by the person elected at that 
  9.22  election for the ensuing term who shall take office immediately 
  9.23  after receiving the certificate of election and taking the oath 
  9.24  of office.  
  9.25     Subd. 3.  [INABILITY OR REFUSAL TO SERVE.] In addition to 
  9.26  when the events specified in section 351.02 happen, a vacancy in 
  9.27  the office of metropolitan council member may be declared by the 
  9.28  metropolitan council when a member is unable to serve in the 
  9.29  office or attend council meetings for a 90-day period because of 
  9.30  illness, or because of absence from or refusal to attend council 
  9.31  meetings for a 90-day period.  If any of the preceding 
  9.32  conditions occur, the council may, after the council by 
  9.33  resolution has declared a vacancy to exist, make an appointment 
  9.34  to fill the vacancy at a regular or special meeting for the 
  9.35  remainder of the unexpired term or until the ill or absent 
  9.36  member is again able to resume duties and attend council 
 10.1   meetings, whichever is earlier.  If the original member is again 
 10.2   able to resume duties and attend council meetings, the council 
 10.3   shall by resolution so determine and remove the appointed 
 10.4   officeholder and restore the original member to office. 
 10.5      Sec. 14.  Minnesota Statutes 1996, section 204D.27, is 
 10.6   amended by adding a subdivision to read: 
 10.7      Subd. 12.  [SPECIAL METROPOLITAN COUNCIL ELECTION.] (a) 
 10.8   [STATE CANVASSING BOARD.] Except as provided in subdivision 4, 
 10.9   the state canvassing board shall complete its canvass of a 
 10.10  special election for metropolitan council member and declare the 
 10.11  results within four days, excluding Sundays and legal holidays, 
 10.12  after the returns of the county canvassing boards are certified 
 10.13  to the secretary of state. 
 10.14     (b) [ELECTION CONTEST.] In case of a contest of a special 
 10.15  election for metropolitan council member, the notice of contest 
 10.16  must be filed within two days, excluding Sundays and legal 
 10.17  holidays, after the canvass is completed, and the contest 
 10.18  otherwise must proceed in the manner provided by law for 
 10.19  contesting elections. 
 10.20     (c) [CERTIFICATE OF ELECTION.] A certificate of election in 
 10.21  a special election for metropolitan council member must be 
 10.22  issued by the county auditor or the secretary of state to the 
 10.23  individual declared elected by the county or state canvassing 
 10.24  board, two days, excluding Sundays and legal holidays, after the 
 10.25  appropriate canvassing board finishes canvassing the returns for 
 10.26  the election.  In case of a contest, the certificate must not be 
 10.27  issued until the district court determines the contest. 
 10.28     Sec. 15.  Minnesota Statutes 1996, section 209.02, 
 10.29  subdivision 1, is amended to read: 
 10.30     Subdivision 1.  Any eligible voter, including a candidate, 
 10.31  may contest in the manner provided in this chapter:  (1) the 
 10.32  nomination or election of any person for whom the voter had the 
 10.33  right to vote if that person is declared nominated or elected to 
 10.34  the senate or the house of representatives of the United States, 
 10.35  or to a statewide, metropolitan council, county, legislative, 
 10.36  municipal, school, or district court office; or (2) the declared 
 11.1   result of a constitutional amendment or other question voted 
 11.2   upon at an election.  The contest may be brought over an 
 11.3   irregularity in the conduct of an election or canvass of votes, 
 11.4   over the question of who received the largest number of votes 
 11.5   legally cast, over the number of votes legally cast in favor of 
 11.6   or against a question, or on the grounds of deliberate, serious, 
 11.7   and material violations of the Minnesota election law. 
 11.8      Sec. 16.  Minnesota Statutes 1996, section 211A.01, 
 11.9   subdivision 3, is amended to read: 
 11.10     Subd. 3.  [CANDIDATE.] "Candidate" means an individual who 
 11.11  seeks nomination or election to a county, municipal, school 
 11.12  district, or other political subdivision office.  This 
 11.13  definition does not include an individual seeking a judicial 
 11.14  office or a seat on the metropolitan council.  For purposes of 
 11.15  sections 211A.01 to 211A.05 and 211A.07, "candidate" also 
 11.16  includes a candidate for the United States Senate or House of 
 11.17  Representatives. 
 11.18     Sec. 17.  Minnesota Statutes 1996, section 211B.01, 
 11.19  subdivision 3, is amended to read: 
 11.20     Subd. 3.  [CANDIDATE.] "Candidate" means an individual who 
 11.21  seeks nomination or election to a federal, statewide, 
 11.22  metropolitan council, legislative, judicial, or local office 
 11.23  including special districts, school districts, towns, home rule 
 11.24  charter and statutory cities, and counties, except candidates 
 11.25  for president and vice-president of the United States. 
 11.26     Sec. 18.  Minnesota Statutes 1996, section 353D.01, 
 11.27  subdivision 2, is amended to read: 
 11.28     Subd. 2.  [ELIGIBILITY.] (a) Eligibility to participate in 
 11.29  the defined contribution plan is available to: 
 11.30     (1) elected local government officials of a governmental 
 11.31  subdivision who elect to participate in the plan under section 
 11.32  353D.02, subdivision 1, and who, for the elected service 
 11.33  rendered to a governmental subdivision, are not members of the 
 11.34  public employees retirement association within the meaning of 
 11.35  section 353.01, subdivision 7; 
 11.36     (2) physicians who, if they did not elect to participate in 
 12.1   the plan under section 353D.02, subdivision 2, would meet the 
 12.2   definition of member under section 353.01, subdivision 7; and 
 12.3      (3) basic and advanced life support emergency medical 
 12.4   service personnel employed by or providing services for any 
 12.5   public ambulance service or privately operated ambulance service 
 12.6   that receives an operating subsidy from a governmental entity 
 12.7   that elects to participate under section 353D.02, subdivision 3. 
 12.8      (b) For purposes of this chapter, an elected local 
 12.9   government official includes a person appointed to fill a 
 12.10  vacancy in an elective office and a member of the metropolitan 
 12.11  council.  Service as an elected local government official only 
 12.12  includes service for the governmental subdivision for which the 
 12.13  official was elected by the public-at-large.  Service as an 
 12.14  elected local government official ceases and eligibility to 
 12.15  participate terminates when the person ceases to be an elected 
 12.16  official.  An elected local government official does not include 
 12.17  an elected county sheriff.  
 12.18     (c) Elected local government officials, physicians, and 
 12.19  first response personnel and emergency medical service personnel 
 12.20  who are currently covered by a public or private pension plan 
 12.21  because of their employment or provision of services are not 
 12.22  eligible to participate in the public employees defined 
 12.23  contribution plan.  
 12.24     (d) A former participant is a person who has terminated 
 12.25  eligible employment or service and has not withdrawn the value 
 12.26  of the person's individual account. 
 12.27     Sec. 19.  Minnesota Statutes 1996, section 375.09, is 
 12.28  amended to read: 
 12.29     375.09 [MAY NOT HOLD OTHER OFFICE; BRIBERY; VIOLATION; 
 12.30  MALFEASANCE.] 
 12.31     No county commissioner shall hold another elected office 
 12.32  during tenure as commissioner, except to serve as an elected 
 12.33  metropolitan council member, nor be employed by the county.  No 
 12.34  commissioner shall receive any money or other valuable thing as 
 12.35  a condition of voting or inducement to vote for any contract or 
 12.36  other thing under consideration by the board.  Every election 
 13.1   and every contract or payment voted for or made contrary to this 
 13.2   section is void.  Any violation of this section is a malfeasance 
 13.3   in office. 
 13.4      Sec. 20.  Minnesota Statutes 1996, section 473.123, 
 13.5   subdivision 1, is amended to read: 
 13.6      Subdivision 1.  [CREATION.] A metropolitan council with 
 13.7   jurisdiction in the metropolitan area is established as a public 
 13.8   corporation and political subdivision of the state.  It shall be 
 13.9   under the supervision and control of 17 members, all of whom 
 13.10  shall be residents of the metropolitan area elected from 
 13.11  districts as provided in section 473.124. 
 13.12     Sec. 21.  Minnesota Statutes 1996, section 473.123, 
 13.13  subdivision 4, is amended to read: 
 13.14     Subd. 4.  [CHAIR; APPOINTMENT, OFFICERS, SELECTION; DUTIES 
 13.15  AND COMPENSATION.] (a) The chair of the metropolitan council 
 13.16  shall be appointed by the governor as the 17th voting member 
 13.17  thereof by and with the advice and consent of the senate to 
 13.18  serve at the pleasure of the governor to represent the 
 13.19  metropolitan area at large.  Senate confirmation shall be as 
 13.20  provided by section 15.066 elected by and from among the members 
 13.21  of the council to serve a one-year term.  
 13.22     The chair of the metropolitan council shall, if present, 
 13.23  preside at meetings of the council, have the primary 
 13.24  responsibility for meeting with local elected officials, serve 
 13.25  as the principal legislative liaison, present to the governor 
 13.26  and the legislature, after council approval, the council's plans 
 13.27  for regional governance and operations, serve as the principal 
 13.28  spokesperson of the council, and perform other duties assigned 
 13.29  by the council or by law. 
 13.30     (b) The metropolitan council shall elect other officers as 
 13.31  it deems necessary for the conduct of its affairs for a one-year 
 13.32  term.  A secretary and treasurer need not be members of the 
 13.33  metropolitan council.  Meeting times and places shall be fixed 
 13.34  by the metropolitan council and special meetings may be called 
 13.35  by a majority of the members of the metropolitan council or by 
 13.36  the chair.  The chair and each metropolitan council member shall 
 14.1   be reimbursed for actual and necessary expenses.  The annual 
 14.2   budget of the council shall provide as a separate account 
 14.3   anticipated expenditures for compensation, travel, and 
 14.4   associated expenses for the chair and members, and compensation 
 14.5   or reimbursement shall be made to the chair and members only 
 14.6   when budgeted. 
 14.7      (c) Each member of the council shall attend and participate 
 14.8   in council meetings and meet regularly with local elected 
 14.9   officials and legislative members from the council member's 
 14.10  district.  Each council member shall serve on at least one 
 14.11  division committee for transportation, environment, or community 
 14.12  development. 
 14.13     (d) In the performance of its duties the metropolitan 
 14.14  council may adopt policies and procedures governing its 
 14.15  operation, establish committees, and, when specifically 
 14.16  authorized by law, make appointments to other governmental 
 14.17  agencies and districts.  
 14.18     Sec. 22.  Minnesota Statutes 1996, section 473.123, is 
 14.19  amended by adding a subdivision to read: 
 14.20     Subd. 4a.  [COMPENSATION.] Each metropolitan council member 
 14.21  must be paid as authorized by the metropolitan council, but not 
 14.22  to exceed $12,000 per year.  The chair and each metropolitan 
 14.23  council member must be reimbursed for actual and necessary 
 14.24  expenses.  The annual budget of the council must provide as a 
 14.25  separate account anticipated expenditures for compensation, 
 14.26  travel, and associated expenses for the chair and members, and 
 14.27  compensation or reimbursement must be made to the chair and 
 14.28  members only when budgeted. 
 14.29     Sec. 23.  Minnesota Statutes 1996, section 473.123, 
 14.30  subdivision 7, is amended to read: 
 14.31     Subd. 7.  [PERFORMANCE AND BUDGET ANALYST.] The council, 
 14.32  other than the chair, may hire a performance and budget analyst 
 14.33  to assist the 16 council members with policy and budget analysis 
 14.34  and evaluation of the council's performance.  The analyst may 
 14.35  recommend and the council may hire up to two additional analysts 
 14.36  to assist the council with performance evaluation and budget 
 15.1   analysis.  The analyst and any additional analysts hired shall 
 15.2   serve at the pleasure of the council members.  The 16 members of 
 15.3   the council may prescribe all terms and conditions for the 
 15.4   employment of the analyst and any additional analysts hired, 
 15.5   including, but not limited to, the fixing of compensation, 
 15.6   benefits, and insurance.  The analyst shall prepare the budget 
 15.7   for the provisions of this section subdivision and submit the 
 15.8   budget for council approval and inclusion in the council's 
 15.9   overall budget. 
 15.10     Sec. 24.  [473.124] [METROPOLITAN COUNCIL ELECTIONS.] 
 15.11     Subdivision 1.  [NUMBER OF MEMBERS.] The metropolitan 
 15.12  council consists of 16 members.  
 15.13     Subd. 2.  [DISTRICTS.] (a) After each federal decennial 
 15.14  census, the metropolitan council shall divide the metropolitan 
 15.15  area into as many districts as there are members.  Each district 
 15.16  is entitled to elect one member.  The districts must be bounded 
 15.17  by town, municipal, ward, or precinct lines.  The districts must 
 15.18  be composed of compact, convenient, and contiguous territory and 
 15.19  must be substantially equal in population.  The population of 
 15.20  the largest district must not exceed the population of the 
 15.21  smallest district by more than ten percent, unless the result 
 15.22  would force a voting precinct to be split.  A metropolitan 
 15.23  council district may not include territory in more than one 
 15.24  county unless necessary to meet equal-population requirements.  
 15.25  The districts must be numbered in a regular series. 
 15.26     (b) The districts must be redrawn within the time provided 
 15.27  in section 204B.135, subdivision 2.  Before acting to 
 15.28  redistrict, the council shall publish three weeks' notice of its 
 15.29  purpose, stating the time and place of the meeting where the 
 15.30  matter will be considered, in newspapers of general 
 15.31  circulation.  The council shall file a map of the new districts 
 15.32  with the secretary of state. 
 15.33     Subd. 3.  [TERMS.] Members serve a term of four years, 
 15.34  except to fill a vacancy and there must be a new election of all 
 15.35  the members at the first election after each decennial 
 15.36  redistricting and the members elected at that election from 
 16.1   districts with odd numbers serve for an initial term of two 
 16.2   years. 
 16.3      Sec. 25.  [STUDY; REPORT.] 
 16.4      The metropolitan council shall study the feasibility of 
 16.5   transferring functions or services from metropolitan counties to 
 16.6   the metropolitan council established in this act in order to 
 16.7   take advantage of economies of scale without sacrificing equity 
 16.8   or effectiveness.  In addition to any other function or service, 
 16.9   the study must include an analysis of the feasibility and 
 16.10  benefits of transferring county correctional facilities and 
 16.11  county highways to the council.  The council shall report to the 
 16.12  legislature the results of the study by December 31, 2000. 
 16.13     Sec. 26.  [TRANSITION.] 
 16.14     The appointed chair and appointed metropolitan council 
 16.15  members holding office on the effective date of this section, 
 16.16  and any successor appointed to serve as the council chair or as 
 16.17  a member, shall continue in office until the first Monday in 
 16.18  January 2003.  
 16.19     Sec. 27.  [APPLICATION.] 
 16.20     This act applies in the counties of Anoka, Carver, Dakota, 
 16.21  Hennepin, Ramsey, Scott, and Washington. 
 16.22     Sec. 28.  [REPEALER.] 
 16.23     Minnesota Statutes 1996, section 473.123, subdivisions 2a, 
 16.24  3, 3a, and 3c, are repealed. 
 16.25     Laws 1994, chapter 628, article 1, section 8, is repealed. 
 16.26     Sec. 29.  [EFFECTIVE DATE.] 
 16.27     This act is effective for the state primary in 2002 and 
 16.28  thereafter, except that section 25 is effective the day 
 16.29  following final enactment.