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SF 642

as introduced - 90th Legislature (2017 - 2018) Posted on 08/24/2018 07:44am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to metropolitan government; providing for the election of Metropolitan
Council members; amending Minnesota Statutes 2016, 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; 200.02, subdivision 28;
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; 353D.01, subdivision 2; 473.123,
subdivisions 1, 3a, 4, by adding subdivisions; proposing coding for new law in
Minnesota Statutes, chapters 10A; 204D; repealing Minnesota Statutes 2016,
section 473.123, subdivisions 2a, 3; Laws 1994, chapter 628, article 1, section 8.

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

Section 1.

Minnesota Statutes 2016, 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 ordeleted text end judgenew text begin , or Metropolitan Council membernew 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 2016, 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 subdivisionnew 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 2016, 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, $94,700 in the election segment and $31,600 in a nonelection
segment;

(5) for state representative, $63,100 in the election segmentdeleted 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 2016, 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 $2,500 in a nonelection segment of the election cycledeleted 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 the 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. 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 candidates to the board, must
be returned by the board to the Metropolitan Council.
new text end

Sec. 6.

Minnesota Statutes 2016, 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 2016, 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, $1,500new text begin ; and
new text end

new text begin (vi) candidates for the Metropolitan Council, $3,000new 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 2016, 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 sectionnew text begin 10A.313 ornew 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 2016, 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 2016, section 200.02, subdivision 28, is amended to read:


Subd. 28.

Nonpartisan offices.

"Nonpartisan offices" means all judicial, new text begin Metropolitan
Council,
new text end county, municipal, school district, and special district offices.

Sec. 11.

Minnesota Statutes 2016, 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. 12.

Minnesota Statutes 2016, 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. 13.

Minnesota Statutes 2016, 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. 14.

Minnesota Statutes 2016, section 204B.11, is amended to read:


204B.11 CANDIDATES; FILING FEES; PETITION IN PLACE OF FILING FEE.

Subdivision 1.

Amount; dishonored checks; consequences.

(a) 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:

(1) 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;

(2) for the office of senator in Congress, $400;

(3) for office of senator or representative in the legislaturenew text begin or Metropolitan Councilnew text end ,
$100;

(4) for a county office, $50; and

(5) for the office of soil and water conservation district supervisor, $20.

(b) For the office of presidential elector, and for those offices for which no compensation
is provided, no filing fee is required.

(c) 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.

(d) 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 new text begin the Metropolitan Council, new text end a 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. 15.

Minnesota Statutes 2016, 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 ordeleted text end soil
and water conservation districtnew text begin , or Metropolitan Council districtnew 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. 16.

Minnesota Statutes 2016, 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 anddeleted text end school districtsnew 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. 17.

Minnesota Statutes 2016, section 204D.02, subdivision 1, is amended to read:


Subdivision 1.

Officers.

All elective statenew 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. 18.

Minnesota Statutes 2016, 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. 19.

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. 20.

Minnesota Statutes 2016, 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. 21.

Minnesota Statutes 2016, 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. 22.

Minnesota Statutes 2016, 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 officenew text begin or a seat on the Metropolitan Councilnew 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. 23.

Minnesota Statutes 2016, 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. 24.

Minnesota Statutes 2016, 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 officenew text begin and a member of the Metropolitan Councilnew 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. 25.

Minnesota Statutes 2016, 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. new text begin Until the
completion of redistricting following the 2020 census as required by subdivision 3a,
new text end it shall
be under the supervision and control of deleted text begin 17deleted text end new text begin 16 new text end membersnew text begin and a chairnew text end , all of whom deleted text begin shall be
residents of the metropolitan area
deleted text end new text begin are appointed by the governornew text end .new text begin After the completion of
redistricting following the 2020 census as required by subdivision 3a, it shall be under the
supervision and control of 17 members, each elected from a district as provided in this
section.
new text end

Sec. 26.

Minnesota Statutes 2016, section 473.123, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Terms. new text end

new text begin Following each redistricting of council districts, as provided under
subdivision 3a, council members must be elected from newly drawn districts. The terms of
members are staggered as follows: members representing even-numbered districts have
terms ending the first Monday in January of the year ending in the numeral "7;" and members
representing odd-numbered districts have terms ending the first Monday in January of the
year ending in the numeral "5." Thereafter the term of each member is four years, with terms
ending the first Monday in January, except that all terms expire on the effective date of the
next redistricting. A member shall continue to serve the member's district until a successor
is elected and qualified; except that, following each redistricting, the member shall continue
to serve at large until a successor is elected and qualified from each of the newly drawn
council districts as provided under subdivision 3a, to serve terms as provided under this
section.
new text end

Sec. 27.

Minnesota Statutes 2016, section 473.123, is amended by adding a subdivision
to read:


new text begin Subd. 2c. new text end

new text begin Membership. new text end

new text begin After the completion of redistricting following the 2020 census,
as required by subdivision 3a, 17 members must be elected from districts defined by this
section. Each council member must reside in the council district represented. Each council
district must be represented by one member of the council.
new text end

Sec. 28.

Minnesota Statutes 2016, section 473.123, subdivision 3a, is amended to read:


Subd. 3a.

Redistricting.

The legislature shall redraw the boundaries of the council
districts after each decennial federal census so that each district has substantially equal
population. Redistricting is effective in the year ending in the numeral "3." deleted text begin Within 60 days
after a redistricting plan takes effect, the governor shall appoint members from the newly
drawn districts to serve terms as provided under subdivision 2a.
deleted text end new text begin At the general election in
the year ending in the numeral "4," members must be elected from each of the newly drawn
districts.
new text end

Sec. 29.

Minnesota Statutes 2016, section 473.123, subdivision 4, is amended to read:


Subd. 4.

Chair; deleted text begin appointment,deleted text end officersdeleted text begin ,deleted text end new text begin andnew text end selection; duties and compensation.

(a)
new text begin Until the completion of redistricting following the 2020 federal census as required by
subdivision 3a,
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 subdivision 3a, the chair shall be elected from the
membership of the council by the members of the council for a two-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 2016, 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. new text begin TRANSITION.
new text end

new text begin The terms of the appointed chair and members of the Metropolitan Council holding
office on the effective date of this act, and any successors appointed to serve, continue until
the first Monday in January 2019. A Metropolitan Council member must be elected for each
council district in the 2018 general election. A member representing an odd-numbered
district shall serve a two-year term and a member representing an even-numbered district
shall serve a four-year term. Thereafter, the terms are as provided in Minnesota Statutes,
section 473.123, subdivision 2a.
new text end

Sec. 32. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2016, section 473.123, subdivisions 2a and 3, 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. 33. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin This act is effective for the state primary in 2018 and thereafter. This act applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-2406

473.123 METROPOLITAN COUNCIL.

Subd. 2a.

Terms.

Following each apportionment of council districts, as provided under subdivision 3a, council members must be appointed from newly drawn districts as provided in subdivision 3a. Each council member, other than the chair, must reside in the council district represented. Each council district must be represented by one member of the council. The terms of members end with the term of the governor, except that all terms expire on the effective date of the next apportionment. A member serves at the pleasure of the governor. A member shall continue to serve the member's district until a successor is appointed and qualified; except that, following each apportionment, the member shall continue to serve at large until the governor appoints 16 council members, one from each of the newly drawn council districts as provided under subdivision 3a, to serve terms as provided under this section. The appointment to the council must be made by the first Monday in March of the year in which the term ends.

Subd. 3.

Membership; appointment; qualifications.

(a) Sixteen members must be appointed by the governor from districts defined by this section. Each council member must reside in the council district represented. Each council district must be represented by one member of the council.

(b) In addition to the notice required by section 15.0597, subdivision 4, notice of vacancies and expiration of terms must be published in newspapers of general circulation in the metropolitan area and the appropriate districts. The governing bodies of the statutory and home rule charter cities, counties, and towns having territory in the district for which a member is to be appointed must be notified in writing. The notices must describe the appointments process and invite participation and recommendations on the appointment.

(c) The governor shall create a nominating committee, composed of seven metropolitan citizens appointed by the governor, to nominate persons for appointment to the council from districts. Three of the committee members must be local elected officials. Following the submission of applications as provided under section 15.0597, subdivision 5, the nominating committee shall conduct public meetings, after appropriate notice, to accept statements from or on behalf of persons who have applied or been nominated for appointment and to allow consultation with and secure the advice of the public and local elected officials. The committee shall hold the meeting on each appointment in the district or in a reasonably convenient and accessible location in the part of the metropolitan area in which the district is located. The committee may consolidate meetings. Following the meetings, the committee shall submit to the governor a list of nominees for each appointment. The governor is not required to appoint from the list.

(d) Before making an appointment, the governor shall consult with all members of the legislature from the council district for which the member is to be appointed.

(e) Appointments to the council are subject to the advice and consent of the senate as provided in section 15.066.

(f) Members of the council must be appointed to reflect fairly the various demographic, political, and other interests in the metropolitan area and the districts.

(g) Members of the council must be persons knowledgeable about urban and metropolitan affairs.

(h) Any vacancy in the office of a council member shall immediately be filled for the unexpired term. In filling a vacancy, the governor may forgo the requirements of paragraph (c) if the governor has made appointments in full compliance with the requirements of this subdivision within the preceding 12 months.

Repealed Minnesota Session Laws: 17-2406

Laws 1994, chapter 628, article 1, section 8

Sec. 8. new text begin SALARIES OF MEMBERS.new text end

new text begin Until changed in law after recommendation by the compensation council as provided in Minnesota Statutes, section 15A.082, the chair of the metropolitan council shall receive a salary of $52,500 per year, and the other members shall receive a salary of $20,000 per year. new text end