HF 2086

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the metropolitan government; providing 
  1.3             residency requirements for members of the Metropolitan 
  1.4             Council and Metropolitan Airports Commission; 
  1.5             providing term limits for certain members; creating a 
  1.6             nominating committee; modifying a reporting 
  1.7             requirement; amending Minnesota Statutes 2004, 
  1.8             sections 473.123, subdivisions 2a, 3; 473.604, 
  1.9             subdivisions 1, 5; 473.608, subdivision 18; 473.621, 
  1.10            subdivision 1b. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2004, section 473.123, 
  1.13  subdivision 2a, is amended to read: 
  1.14     Subd. 2a.  [TERMS.] Following each apportionment of council 
  1.15  districts, as provided under subdivision 3a, council members 
  1.16  must be appointed from newly drawn districts as provided in 
  1.17  subdivision 3a.  At the time of appointment, each council 
  1.18  member, other than the chair, must reside in the council 
  1.19  district represented and must have resided in the council 
  1.20  district for at least six months and in the state for at least 
  1.21  one year immediately preceding the appointment.  Each council 
  1.22  district must be represented by one member of the council.  The 
  1.23  terms of members end with the term of the governor, except that 
  1.24  all terms expire on the effective date of the next 
  1.25  apportionment.  A member serves at the pleasure of the 
  1.26  governor.  A member shall continue to serve the member's 
  1.27  district until a successor is appointed and qualified; except 
  1.28  that, following each apportionment, the member shall continue to 
  2.1   serve at large until the governor appoints 16 council members, 
  2.2   one from each of the newly drawn council districts as provided 
  2.3   under subdivision 3a, to serve terms as provided under this 
  2.4   section.  The appointment to the council must be made by the 
  2.5   first Monday in March of the year in which the term ends.  
  2.6      [EFFECTIVE DATE.] This section is effective January 1, 2007.
  2.7      Sec. 2.  Minnesota Statutes 2004, section 473.123, 
  2.8   subdivision 3, is amended to read: 
  2.9      Subd. 3.  [MEMBERSHIP; APPOINTMENT; QUALIFICATIONS.] (a) 
  2.10  Sixteen members must be appointed by the governor from districts 
  2.11  defined by this section.  At the time of appointment, each 
  2.12  council member must reside in the council district 
  2.13  represented and must have resided in the council district for at 
  2.14  least six months and in the state for at least one year 
  2.15  immediately preceding the appointment.  Each council district 
  2.16  must be represented by one member of the council. 
  2.17     (b) In addition to the notice required by section 15.0597, 
  2.18  subdivision 4, notice of vacancies and expiration of terms must 
  2.19  be published in newspapers of general circulation in the 
  2.20  metropolitan area and the appropriate districts.  The governing 
  2.21  bodies of the statutory and home rule charter cities, counties, 
  2.22  and towns having territory in the district for which a member is 
  2.23  to be appointed must be notified in writing.  The notices must 
  2.24  describe the appointments process and invite participation and 
  2.25  recommendations on the appointment.  
  2.26     (c) The governor shall create a nominating committee, 
  2.27  composed of seven metropolitan citizens appointed by the 
  2.28  governor, to nominate persons for appointment to the council 
  2.29  from districts.  Three of the committee members must be local 
  2.30  elected officials.  Following the submission of applications as 
  2.31  provided under section 15.0597, subdivision 5, the nominating 
  2.32  committee shall conduct public meetings, after appropriate 
  2.33  notice, to accept statements from or on behalf of persons who 
  2.34  have applied or been nominated for appointment and to allow 
  2.35  consultation with and secure the advice of the public and local 
  2.36  elected officials.  The committee shall hold the meeting on each 
  3.1   appointment in the district or in a reasonably convenient and 
  3.2   accessible location in the part of the metropolitan area in 
  3.3   which the district is located.  The committee may consolidate 
  3.4   meetings.  Following the meetings, the committee shall submit to 
  3.5   the governor a list of nominees for each appointment.  The 
  3.6   governor is not required to appoint from the list.  
  3.7      (d) Before making an appointment, the governor shall 
  3.8   consult with all members of the legislature from the council 
  3.9   district for which the member is to be appointed.  
  3.10     (e) Appointments to the council are subject to the advice 
  3.11  and consent of the senate as provided in section 15.066. 
  3.12     (f) Members of the council must be appointed to reflect 
  3.13  fairly the various demographic, political, and other interests 
  3.14  in the metropolitan area and the districts.  
  3.15     (g) Members of the council must be persons knowledgeable 
  3.16  about urban and metropolitan affairs. 
  3.17     (h) Any vacancy in the office of a council member shall 
  3.18  immediately be filled for the unexpired term.  In filling a 
  3.19  vacancy, the governor may forgo the requirements of paragraph 
  3.20  (c) if the governor has made appointments in full compliance 
  3.21  with the requirements of this subdivision within the preceding 
  3.22  12 months. 
  3.23     [EFFECTIVE DATE.] This section is effective January 1, 2007.
  3.24     Sec. 3.  Minnesota Statutes 2004, section 473.604, 
  3.25  subdivision 1, is amended to read: 
  3.26     Subdivision 1.  [COMPOSITION.] (a) The commission consists 
  3.27  of: 
  3.28     (1) the mayor of each of the cities, or a qualified voter 
  3.29  appointed by the mayor, for the term of office as mayor; 
  3.30     (2) eight members, appointed by the governor, one from each 
  3.31  of the following agency districts: 
  3.32     (i) district A, consisting of council districts 1 and 2; 
  3.33     (ii) district B, consisting of council districts 3 and 4; 
  3.34     (iii) district C, consisting of council districts 5 and 6; 
  3.35     (iv) district D, consisting of council districts 7 and 8; 
  3.36     (v) district E, consisting of council districts 9 and 10; 
  4.1      (vi) district F, consisting of council districts 11 and 12; 
  4.2      (vii) district G, consisting of council districts 13 and 
  4.3   14; and 
  4.4      (viii) district H, consisting of council districts 15 and 
  4.5   16. 
  4.6   At the time of appointment, each member shall be a resident of 
  4.7   the district represented and must have been a resident of the 
  4.8   council district for at least six months and of the state for at 
  4.9   least one year immediately preceding the appointment.  Each 
  4.10  member's term expires on September 30, 2005.  The members must 
  4.11  be appointed by the governor as follows:  the terms of the 
  4.12  members from districts A, C, E, and G begin on October 1, 2005, 
  4.13  and end on March 14, 2007; the terms of the members from 
  4.14  districts B, D, F, and H begin on October 1, 2005, and end on 
  4.15  March 14, 2009.  The successors of each member must be appointed 
  4.16  to four-year terms.  Before making an appointment, the governor 
  4.17  shall consult with each member of the legislature from the 
  4.18  district for which the member is to be appointed, to solicit the 
  4.19  legislator's recommendation on the appointment; 
  4.20     (3) four members appointed by the governor from outside of 
  4.21  the metropolitan area to reflect fairly the various regions and 
  4.22  interests throughout the state that are affected by the 
  4.23  operation of the commission's major airport and airport system.  
  4.24  Two of these members must be residents of statutory or home rule 
  4.25  charter cities, towns, or counties containing an airport 
  4.26  designated by the commissioner of transportation as a key 
  4.27  airport.  The other two must be residents of statutory or home 
  4.28  rule charter cities, towns, or counties containing an airport 
  4.29  designated by the commissioner of transportation as an 
  4.30  intermediate airport.  Each member's term expires on September 
  4.31  30, 2005.  The members must be appointed by the governor as 
  4.32  follows:  one for a term of one year, one for a term of two 
  4.33  years, one for a term of three years, and one for a term of four 
  4.34  years.  All of the terms start on July 1, 1989 two for terms 
  4.35  beginning on October 1, 2005, and ending on March 14, 2007, and 
  4.36  two for terms beginning on October 1, 2005, and ending on March 
  5.1   14, 2009.  The successors of each member must be appointed to 
  5.2   four-year terms commencing on the first Monday in January of 
  5.3   each fourth year after the expiration of the original term.  
  5.4   Before making an appointment, the governor shall consult each 
  5.5   member of the legislature representing the municipality or 
  5.6   county from which the member is to be appointed, to solicit the 
  5.7   legislator's recommendation on the appointment; and 
  5.8      (4) a chair appointed by the governor for a term of four 
  5.9   years.  The chair may be removed at the pleasure of the governor.
  5.10     (b) The commissioner of transportation shall create a 
  5.11  nominating committee, composed of nine members appointed by the 
  5.12  commissioner.  The nominating committee consists of:  the 
  5.13  director of aeronautics, who is the chair; a representative of a 
  5.14  major airline at Minneapolis-St. Paul International Airport; a 
  5.15  representative of a major airline union at Minneapolis-St. Paul 
  5.16  International Airport; and a representative of each reliever 
  5.17  airport.  The nominating committee shall oversee the nominating 
  5.18  process for the 12 members of the commission appointed by the 
  5.19  governor.  Following the submission of applications as provided 
  5.20  under section 15.0597, subdivision 5, the nominating committee 
  5.21  shall conduct public meetings, after appropriate notice, to 
  5.22  accept statements from or on behalf of persons who have applied 
  5.23  or been nominated for appointment and to allow consultation with 
  5.24  and secure the advice of the public.  Following the meetings, 
  5.25  the committee shall submit to the governor a list of nominees 
  5.26  for each appointment. 
  5.27     (c) In addition to the notice required by section 15.0597, 
  5.28  subdivision 4, notice of vacancies and expiration of terms must 
  5.29  be published in newspapers of general circulation in the 
  5.30  metropolitan area and the appropriate districts and in aviation 
  5.31  oriented publications published in the state.  The notices must 
  5.32  describe the appointments process and invite participation and 
  5.33  recommendations on the appointment. 
  5.34     Sec. 4.  Minnesota Statutes 2004, section 473.604, 
  5.35  subdivision 5, is amended to read: 
  5.36     Subd. 5.  [MEETINGS.] The commission shall meet regularly 
  6.1   at least once each month, at such time and place as the 
  6.2   commission shall by resolution designate, provided that no 
  6.3   meetings shall be scheduled or held within an airport security 
  6.4   screening perimeter.  Special meetings may be held at any time 
  6.5   upon the call of the chair or any two other members, upon 
  6.6   written notice sent by certified mail to each member at least 
  6.7   three days prior to the meeting, or upon such other notice as 
  6.8   the commission may by resolution provide, or without notice if 
  6.9   each member is present or files with the secretary a written 
  6.10  consent to the meeting either before or after the meeting.  
  6.11  Unless otherwise provided, any action within the authority of 
  6.12  the commission may be taken by the affirmative vote of a 
  6.13  majority of all the members.  A majority of all of the members 
  6.14  of the commission shall constitute a quorum, but a lesser number 
  6.15  may meet and adjourn from time to time and compel the attendance 
  6.16  of absent members. 
  6.17     Sec. 5.  Minnesota Statutes 2004, section 473.608, 
  6.18  subdivision 18, is amended to read: 
  6.19     Subd. 18.  [HEARINGS AND THE LIKE.] It shall have the power 
  6.20  to conduct investigations, inquiries and hearings concerning 
  6.21  matters covered by the provisions of sections 473.601 to 473.679 
  6.22  and orders, rules and regulations of the commission; and shall 
  6.23  hold hearings as required by said sections 473.601 to 473.679.  
  6.24  Notice of hearings to all interested parties shall be given as 
  6.25  specified in said sections 473.601 to 473.679, in the instances 
  6.26  specified, and otherwise in accordance with such rules as the 
  6.27  commission may adopt.  All hearings shall be open to the public, 
  6.28  and shall be conducted by the commission itself or a committee 
  6.29  or member thereof designated by the commission for such 
  6.30  purposes.  No hearings may be conducted within an airport 
  6.31  security screening perimeter.  Where a hearing is conducted by a 
  6.32  committee or a member of the commission, such committee or 
  6.33  member shall make a full and complete report thereof, together 
  6.34  with a transcript of all testimony and evidence taken at the 
  6.35  hearing, to the commission and the commission shall proceed to a 
  6.36  determination of the subject matter of said hearing and make its 
  7.1   findings and conclusions and order with respect thereto. Any 
  7.2   member of the commission conducting or participating in the 
  7.3   conduct of any hearing shall have the power to administer oaths 
  7.4   and affirmations, to issue subpoenas, and compel the attendance 
  7.5   and testimony of witnesses, and the production of papers, books 
  7.6   and documents.  The commission, or its director, shall upon 
  7.7   request of any party to a hearing issue subpoenas to compel the 
  7.8   attendance and testimony of witnesses, and the production of 
  7.9   papers, books and documents.  In case of failure of any witness 
  7.10  to comply with any served subpoena, the commission may invoke 
  7.11  the aid of any court of this state of general jurisdiction. The 
  7.12  court may order the witness to comply with the subpoena and any 
  7.13  failure so to do may be punished by the court as a contempt 
  7.14  thereof.  The testimony and other evidence at any and all 
  7.15  hearings shall be taken by a reporter employed by the 
  7.16  commission, and any party in interest upon payment to said 
  7.17  reporter of the going rates therefor shall be entitled to a 
  7.18  transcript thereof.  Witnesses shall receive the same fees and 
  7.19  mileage as in court actions, and a witness before being required 
  7.20  to respond to a subpoena shall be given fees and mileage for one 
  7.21  day's attendance. 
  7.22     Sec. 6.  Minnesota Statutes 2004, section 473.621, 
  7.23  subdivision 1b, is amended to read: 
  7.24     Subd. 1b.  [ANNUAL REPORT TO LEGISLATURE.] The corporation 
  7.25  shall report to the legislature under section 3.195 and 
  7.26  specifically to the house of representatives and senate 
  7.27  committees with jurisdiction over aviation issues by February 15 
  7.28  of each year concerning operations at Minneapolis-St. Paul 
  7.29  International Airport each airport in the metropolitan airports 
  7.30  system.  The report must include the number of aircraft 
  7.31  operations and passenger enplanements at the airport in the 
  7.32  preceding year, current airport capacity in terms of operations 
  7.33  and passenger enplanements, average length of delay statistics, 
  7.34  and technological developments affecting aviation and their 
  7.35  effect on operations and capacity at the airport.  The report 
  7.36  must include information in all the foregoing categories as it 
  8.1   relates to operations at Wayne County Metropolitan Airport in 
  8.2   Detroit.  The report must compare the number of passenger 
  8.3   enplanements and the number of aircraft operations with the 1993 
  8.4   Metropolitan Airports Commission baseline forecasts of total 
  8.5   passengers and total aircraft operations.  The report must 
  8.6   include the commission's proposed operating and capital budgets, 
  8.7   capital improvement program, and a review of rates and other 
  8.8   charges set by the commission.