HF 2791

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2014 01:51pm

A bill for an act
relating to metropolitan government; providing for staggering of Metropolitan
Council members' terms; providing that members of the Metropolitan Council
must be local elected officials; amending Minnesota Statutes 2012, section
473.123, subdivisions 2a, 3.

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

Section 1.

Minnesota Statutes 2012, section 473.123, subdivision 2a, is amended to read:

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. deleted text begin 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. deleted text end The terms of members deleted text begin end with the term of the governor deleted text end new text begin 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 new text end , except that all terms expire on the effective date of the next apportionment.
deleted text begin A member serves at the pleasure of the governor. deleted text end 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.

Sec. 2.

Minnesota Statutes 2012, section 473.123, subdivision 3, is amended to read:

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. new text begin Each council member must be an elected member of the
governing body of a statutory or home rule charter city, county, or town that has at least
50 percent of the city, county, or town population within the council district. Population
is determined as of the most recent federal decennial census. A council member's seat
is vacant if the council member is not a currently serving elected member of the local
governing body. The office of metropolitan council member is compatible with the office
of city council member, county board commissioner, or town supervisor.
new text end

(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.

Sec. 3. new text begin TRANSITION.
new text end

new text begin Subdivision 1. new text end

new text begin Termination of current council member terms. new text end

new text begin The terms of all
members serving on the Metropolitan Council, other than the chair, terminate on the
effective date of this act.
new text end

new text begin Subd. 2. new text end

new text begin Initial appointments. new text end

new text begin This subdivision is effective the day following final
enactment. The governor shall appoint members following the procedures in Minnesota
Statutes, chapter 473, to serve terms beginning January 5, 2015. Members representing
even-numbered districts shall serve terms ending the first Monday in January 2017,
and members representing odd-numbered districts shall serve for terms ending the first
Monday in January 2019. Thereafter, the term of each member is four years, with terms
ending the first Monday in January.
new text end

Sec. 4. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Except as otherwise provided, this act is effective January 5, 2015, and applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end