HF 1895

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the metropolitan airports commission; 
  1.3             restructuring commission membership; amending 
  1.4             Minnesota Statutes 2000, sections 473.604; 473.605, 
  1.5             subdivision 2; 473.606, subdivision 1; repealing 
  1.6             Minnesota Statutes 2000, section 15A.0815, subdivision 
  1.7             4. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 473.604, is 
  1.10  amended to read: 
  1.11     473.604 [MEMBERSHIP, GOVERNMENT.] 
  1.12     Subdivision 1.  [COMPOSITION.] The commission consists of: 
  1.13     (1) the mayor of each of the cities, or a qualified voter 
  1.14  appointed by the mayor, for the term of office as mayor; 
  1.15     (2) eight members, appointed by the governor from each of 
  1.16  the following agency districts: members, appointed as provided 
  1.17  in subdivisions 1a to 1d. 
  1.18     Subd. 1a.  [DISTRICTS.] (a) One member shall be appointed 
  1.19  from each of the following eight commission districts: 
  1.20     (i) district A, consisting of metropolitan council 
  1.21  districts 1 and 2; 
  1.22     (ii) district B, consisting of metropolitan council 
  1.23  districts 3 and 4; 
  1.24     (iii) district C, consisting of metropolitan council 
  1.25  districts 5 and 6; 
  1.26     (iv) district D, consisting of metropolitan council 
  2.1   districts 7 and 8; 
  2.2      (v) district E, consisting of metropolitan council 
  2.3   districts 9 and 10; 
  2.4      (vi) district F, consisting of metropolitan council 
  2.5   districts 11 and 12; 
  2.6      (vii) district G, consisting of metropolitan council 
  2.7   districts 13 and 14; and 
  2.8      (viii) district H, consisting of metropolitan council 
  2.9   districts 15 and 16. 
  2.10  Each member shall be a resident of the district represented.  
  2.11  Before making an appointment, the governor shall consult with 
  2.12  each member of the legislature from the district for which the 
  2.13  member is to be appointed, to solicit the legislator's 
  2.14  recommendation on the appointment; 
  2.15     (b) The executive director of the commission shall convene 
  2.16  a selection committee for each commission district.  Once 
  2.17  convened, each selection committee shall select from among its 
  2.18  members a member to serve as chair and another to serve as 
  2.19  vice-chair.  For a district with one or two cities located in 
  2.20  part or in whole in the commission district, the selection 
  2.21  committee consists of the elected city council members and 
  2.22  mayors of those cities.  For a district with three or more 
  2.23  cities located in part or in whole in the commission district, 
  2.24  the selection committee consists of two city council members 
  2.25  appointed by each city council.  The vote of representatives of 
  2.26  each city must be weighted proportionate to the population of 
  2.27  the city compared to the total population of the district 
  2.28  according to the most recent federal decennial census.  Each 
  2.29  selection committee shall appoint a resident of the district to 
  2.30  serve as commissioner to represent the district.  Notice of 
  2.31  vacancies and expiration of terms must be published in 
  2.32  newspapers of general circulation in the metropolitan area and 
  2.33  the appropriate districts, and in the official newspapers for 
  2.34  each city or town on the selection committee.  The selection 
  2.35  committee shall determine what information each applicant or 
  2.36  nominee must submit to be considered for appointment.  The 
  3.1   notice must describe the appointments process and invite 
  3.2   participation and recommendations on the appointment.  Each 
  3.3   selection committee shall conduct public meetings, after 
  3.4   appropriate notice, to accept statements from or on behalf of 
  3.5   persons who have applied or been nominated for appointment.  
  3.6   Each selection committee shall hold the meetings on each 
  3.7   appointment in the district or in a reasonably convenient and 
  3.8   accessible location in the part of the metropolitan area in 
  3.9   which the district is located.  Meetings of the selection 
  3.10  committee are subject to the open meeting law, chapter 13D.  The 
  3.11  commission shall provide staff support to the selection 
  3.12  committees, including a person to serve as secretary, and pay 
  3.13  the expenses of the selection committee, including the costs of 
  3.14  providing notice and holding meetings.  Members of the selection 
  3.15  committee serve without compensation. 
  3.16     (c) A term of office expires at the end of the calendar 
  3.17  year of the last year of the term.  All terms expire on the 
  3.18  effective date of the next apportionment of metropolitan council 
  3.19  districts, but each commissioner shall continue to serve at 
  3.20  large until the new commission members are all appointed as 
  3.21  provided in paragraphs (a) and (b).  Following each 
  3.22  apportionment of metropolitan council districts, as provided 
  3.23  under section 473.123, subdivision 3a, metropolitan airports 
  3.24  commission members must be appointed as soon as practicable from 
  3.25  newly drawn districts.  Following reapportionment, commissioners 
  3.26  from commission districts A, B, C, and D shall serve initial 
  3.27  terms of two years, and then four years thereafter, and 
  3.28  commissioners from commission districts E, F, G, and H shall 
  3.29  serve initial terms of four years and then four years thereafter.
  3.30     (3) Subd. 1b.  [GREATER MINNESOTA.] Four members of the 
  3.31  commission shall be appointed by the governor from outside of 
  3.32  the metropolitan area to reflect fairly the various regions and 
  3.33  interests throughout the state that are affected by the 
  3.34  operation of the commission's major airport and airport system.  
  3.35  Appointments under this subdivision are subject to the open 
  3.36  appointments process in section 15.0597.  Two of these members 
  4.1   must be residents of statutory or home rule charter cities, 
  4.2   towns, or counties containing an airport designated by the 
  4.3   commissioner of transportation as a key airport.  The other two 
  4.4   must be residents of statutory or home rule charter cities, 
  4.5   towns, or counties containing an airport designated by the 
  4.6   commissioner of transportation as an intermediate airport.  The 
  4.7   members must be appointed by the governor as follows:  one for a 
  4.8   term of one year, one for a term of two years, one for a term of 
  4.9   three years, and one for a term of four years.  All of the terms 
  4.10  start on July 1, 1989.  The successors of each member must be 
  4.11  appointed to four-year terms commencing on the first Monday in 
  4.12  January of each fourth year after the expiration of the original 
  4.13  term.  Before making an appointment, the governor shall consult 
  4.14  each member of the legislature representing the municipality or 
  4.15  county from which the member is to be appointed, to solicit the 
  4.16  legislator's recommendation on the appointment; and 
  4.17     (4) a chair appointed by the governor for a term of four 
  4.18  years.  The chair may be removed at the pleasure of the governor.
  4.19     Subd. 1c.  [MSP AIRPORT COMMUNITIES.] (a) The communities 
  4.20  adjacent to the Minneapolis-St. Paul International Airport shall 
  4.21  appoint commissioners as follows: 
  4.22     (1) Minneapolis.  The city council member for each ward in 
  4.23  the city of Minneapolis that is in part or in whole within the 
  4.24  approved DNL 60 noise contour, as amended from time to time, 
  4.25  shall appoint a resident of the ward to serve as a 
  4.26  commissioner.  The half, or one-half plus one if the number of 
  4.27  wards is an odd number, of the commissioners appointed from the 
  4.28  wards with the lowest ward numbers shall serve an initial term 
  4.29  of two years and the remaining commissioners shall serve an 
  4.30  initial term of four years.  Thereafter, all commissioners 
  4.31  appointed under this clause serve a term of four years, except 
  4.32  that following redrawing of ward boundaries, commissioners shall 
  4.33  continue to serve at large until new appointments are made as 
  4.34  provided in this clause.  A term expires at the end of the 
  4.35  calendar year of the last year of the term.  In addition, the 
  4.36  mayor of Minneapolis shall appoint a resident of the city at 
  5.1   large to serve as a commissioner for a term of four years. 
  5.2      (2) St. Paul.  The St. Paul city council and mayor shall 
  5.3   appoint two residents of the city of St. Paul to serve as 
  5.4   commissioners.  In addition, the mayor shall appoint a resident 
  5.5   of the city to represent the city at large.  One appointee of 
  5.6   the council and mayor shall serve an initial term of two years 
  5.7   and the other appointees shall serve an initial term of four 
  5.8   years.  Terms are four years thereafter. 
  5.9      (3) Richfield.  The Richfield city council and mayor shall 
  5.10  appoint two residents of the city of Richfield to serve as 
  5.11  commissioners.  One shall serve an initial term of two years and 
  5.12  the other shall serve an initial term of four years.  Terms are 
  5.13  four years thereafter. 
  5.14     (4) Bloomington.  The Bloomington city council and mayor 
  5.15  shall appoint two residents of the city of Bloomington to serve 
  5.16  as commissioners.  One shall serve an initial term of two years 
  5.17  and the other shall serve an initial term of four years.  Terms 
  5.18  are four years thereafter. 
  5.19     (5) Mendota Heights.  The Mendota Heights city council and 
  5.20  mayor shall appoint two residents of the city of Mendota Heights 
  5.21  to serve as commissioners.  One shall serve an initial term of 
  5.22  two years and the other shall serve an initial term of four 
  5.23  years.  Terms are four years thereafter. 
  5.24     (6) Eagan.  The Eagan city council and mayor shall appoint 
  5.25  two residents of the city of Eagan to serve as commissioners.  
  5.26  One shall serve an initial term of two years and the other shall 
  5.27  serve an initial term of four years.  Terms are four years 
  5.28  thereafter. 
  5.29     Subd. 1d.  [RELIEVER AIRPORT COMMUNITIES.] (a) Airlake.  
  5.30  The city council members and mayors of the cities of Lakeville 
  5.31  and Farmington, and the town board of supervisors of the town of 
  5.32  Eureka Center, together, shall appoint a resident of one of the 
  5.33  three communities to serve as a commissioner for a term of four 
  5.34  years. 
  5.35     (b) Anoka County-Blaine.  The city council members and 
  5.36  mayors of the cities of Blaine and Mounds View, together, shall 
  6.1   appoint a resident of either of the two cities to serve as a 
  6.2   commissioner for a term of four years. 
  6.3      (c) Crystal.  The city council members and mayors of the 
  6.4   cities of Crystal, Brooklyn Park, and Brooklyn Center, together, 
  6.5   shall appoint a resident of one of the three cities to serve as 
  6.6   a commissioner for a term of four years. 
  6.7      (d) Flying Cloud.  The city council members and mayor of 
  6.8   the city of Eden Prairie shall appoint a resident of the city to 
  6.9   serve as a commissioner for a term of four years. 
  6.10     (e) Lake Elmo.  The city council members and mayor of the 
  6.11  city of Lake Elmo, and town boards of supervisors of Baytown 
  6.12  Township and West Lakeland Township, together, shall appoint a 
  6.13  resident of either the city or one of the townships to serve as 
  6.14  a commissioner for a term of four years. 
  6.15     (f) Holman Field.  The city council members and mayor of 
  6.16  the city of St. Paul shall appoint a resident of the city to 
  6.17  serve as a commissioner for a term of four years. 
  6.18     Subd. 2.  [TERMS OF OFFICE VACANCIES.] Each mayor, or any 
  6.19  voter appointed by the mayor instead, shall serve as a 
  6.20  commissioner for the term of office of such mayor.  The office 
  6.21  of any commissioner who is a member of a city council or board 
  6.22  shall become vacant when for any reason the commissioner ceases 
  6.23  to hold the city office to which elected, and The office of any 
  6.24  commissioner shall become vacant upon the occurrence of any 
  6.25  event referred to in section 351.02.  Except as otherwise 
  6.26  provided in the preceding sentences of this subdivision, each 
  6.27  commissioner shall serve until a successor is duly appointed and 
  6.28  has qualified.  Any vacancy in the office of a commissioner 
  6.29  shall immediately be filled for the unexpired term, and in such 
  6.30  case, or when the term of a commissioner expires, a successor 
  6.31  shall be chosen in the same manner as was the predecessor, and 
  6.32  the appointment shall be evidenced in the same manner.  
  6.33     Subd. 3.  [RESOLUTION OF APPOINTMENT; OATH.] The clerk, 
  6.34  secretary, or other appropriate official of each appointing 
  6.35  public body the commission shall immediately file with the 
  6.36  secretary of state a certified copy of each resolution 
  7.1   appointing commissioners.  The city clerk of each city, upon the 
  7.2   election and qualification of each new mayor thereof, shall file 
  7.3   with the secretary of state a certificate stating the mayor's 
  7.4   full name and address, and that such mayor has elected to act as 
  7.5   a commissioner, or, in the event such mayor has appointed some 
  7.6   other qualified voter instead, shall file a certified copy of 
  7.7   the order of the mayor appointing such commissioner.  The 
  7.8   governor shall file appointments in the same office.  Each 
  7.9   person selected as a commissioner shall thereupon file in the 
  7.10  same office with the secretary of state the oath of office 
  7.11  prescribed by the state Constitution, article V, section 5, 
  7.12  subscribed by the person and certified by the officer 
  7.13  administering the same.  
  7.14     Subd. 4.  [GOVERNOR'S APPOINTMENTS TO VACANCIES.] Should 
  7.15  any of the said appointments not be made within 60 days after 
  7.16  the commencement of the term for which it is to be made, the 
  7.17  governor shall upon the request of the chair select and appoint 
  7.18  such commissioners as have not been so designated.  Any 
  7.19  commissioner so appointed by the governor shall be a legal voter 
  7.20  of the city, county, or precinct for which appointed.  Upon 
  7.21  filing the oath of office required by subdivision 3, the 
  7.22  appointee shall have all the rights, privileges, and powers of a 
  7.23  commissioner duly appointed as provided in subdivision 2.  If 
  7.24  thereafter any vacancy in the office of a commissioner shall not 
  7.25  be promptly filled, the governor may upon request of the chair 
  7.26  proceed as in this subdivision provided. 
  7.27     Subd. 5.  [MEETINGS.] The commission shall meet regularly 
  7.28  at least once each month, at such time and place as the 
  7.29  commission shall by resolution designate.  Special meetings may 
  7.30  be held at any time upon the call of the chair or any two other 
  7.31  members, upon written notice sent by certified mail to each 
  7.32  member at least three days prior to the meeting, or upon such 
  7.33  other notice as the commission may by resolution provide, or 
  7.34  without notice if each member is present or files with the 
  7.35  secretary a written consent to the meeting either before or 
  7.36  after the meeting.  Unless otherwise provided, any action within 
  8.1   the authority of the commission may be taken by the affirmative 
  8.2   vote of a majority of all the members.  A majority of all of the 
  8.3   members of the commission shall constitute a quorum, but a 
  8.4   lesser number may meet and adjourn from time to time and compel 
  8.5   the attendance of absent members. 
  8.6      Subd. 6.  [AUDIT.] The legislative auditor shall audit the 
  8.7   books and accounts of the commission once each year or as often 
  8.8   as the legislative auditor's funds and personnel permit.  The 
  8.9   commission shall pay the total cost of the audit pursuant to 
  8.10  section 3.9741.  
  8.11     Sec. 2.  Minnesota Statutes 2000, section 473.605, 
  8.12  subdivision 2, is amended to read: 
  8.13     Subd. 2.  [PER DIEM, EXPENSES; EXCEPTION.] Except as 
  8.14  otherwise provided in this subdivision, each commission member 
  8.15  shall receive $50 per diem compensation and be reimbursed for 
  8.16  actual and necessary expenses.  The chair shall receive a salary 
  8.17  as prescribed in section 15A.0815 and shall be reimbursed for 
  8.18  reasonable expenses to the same extent as a member.  The mayors 
  8.19  and members of the city councils of Minneapolis and St. Paul 
  8.20  shall not be eligible for per diem compensation.  The annual 
  8.21  budget of the commission shall provide as a separate account 
  8.22  anticipated expenditures for per diem, travel, and associated 
  8.23  expenses for the chair and members, and compensation or 
  8.24  reimbursement shall be made to the chair and members only when 
  8.25  budgeted. 
  8.26     Sec. 3.  Minnesota Statutes 2000, section 473.606, 
  8.27  subdivision 1, is amended to read: 
  8.28     Subdivision 1.  [AT PLEASURE; COMPENSATION.] The 
  8.29  corporation shall elect from its membership a chair and a 
  8.30  vice-chair, and shall elect a secretary and a treasurer, who may 
  8.31  or may not be one of the commissioners.  The chair, vice-chair, 
  8.32  the secretary, and the treasurer shall hold office at the 
  8.33  pleasure of the corporation, and the secretary and the 
  8.34  treasurer, if not a commissioner, shall receive compensation as 
  8.35  determined by the corporation.  
  8.36     Sec. 4.  [REPEALER.] 
  9.1      Minnesota Statutes 2000, section 15A.0815, subdivision 4, 
  9.2   is repealed. 
  9.3      Sec. 5.  [APPLICATION; EFFECTIVE DATE.] 
  9.4      Sections 1 to 4 apply in the counties of Anoka, Carver, 
  9.5   Dakota, Hennepin, Ramsey, Scott, and Washington.  Sections 1 to 
  9.6   4 are effective on the effective date of the law providing for 
  9.7   reapportionment of metropolitan council districts following the 
  9.8   2000 federal decennial census.