Minnesota Legislature
SF 1940
2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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A bill for an act
relating to metropolitan government; requiring senate
confirmation of the chair of the Metropolitan Airports
Commission; providing a residency requirement and for
terms of office for members of the Metropolitan
Council and the Metropolitan Airports Commission;
creating a nominating committee; modifying a reporting
requirement; amending Minnesota Statutes 2004,
sections 473.123, subdivisions 2a, 3; 473.604,
subdivision 1; 473.621, subdivision 1b.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, 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. new text begin At the time of appointment,new text end each council
member, other than the chair, must reside in the council
district represented new text begin and must have resided in the council
district for at least six months and in the state for at least
one year immediately preceding the appointmentnew text end . Each council
district must be represented by one member of the council. The
terms of members deleted text begin 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.
deleted text end new text begin
are as follows: members representing even-numbered districts
for terms ending the first Monday in January of the year ending
in the numeral "7"; members representing odd-numbered districts
for terms ending the first Monday in January of the year ending
in the numeral "5." Thereafter the term of each member is four
years except that all terms expire on the effective date of the
next apportionment.new 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 2.
Minnesota Statutes 2004, 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. new text begin At the time of appointment,new text end each
council member must reside in the council district
represented new text begin and must have resided in the council district for at
least six months and in the state for at least one year
immediately preceding the appointmentnew text end . 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007.
new text end
Sec. 3.
Minnesota Statutes 2004, section 473.604,
subdivision 1, is amended to read:
Subdivision 1.
Composition.
new text begin (a) new text end The commission consists
of:
(1) the mayor of each of the cities, or a qualified voter
appointed by the mayor, for the term of office as mayor;
(2) eight members, appointed by the governornew text begin , one new text end from each
of the following agency districts:
(i) district A, consisting of council districts 1 and 2;
(ii) district B, consisting of council districts 3 and 4;
(iii) district C, consisting of council districts 5 and 6;
(iv) district D, consisting of council districts 7 and 8;
(v) district E, consisting of council districts 9 and 10;
(vi) district F, consisting of council districts 11 and 12;
(vii) district G, consisting of council districts 13 and
14; and
(viii) district H, consisting of council districts 15 and
16.
new text begin
At the time of appointment,new text end each member shall be a resident of
the district represented new text begin and must have been a resident of the
district for at least six months and of the state for at least
one year immediately preceding the appointment. The terms of
the members from districts A, B, F, and H expire on January 1,
2007. The terms of the members from districts C, D, E, and G
expire on January 5, 2009. The successors of each member must
be appointed to four-year termsnew text end . Before making an appointment,
the governor shall consult with each member of the legislature
from the district for which the member is to be appointed, to
solicit the legislator's recommendation on the appointment;
(3) four members appointed by the governor from outside of
the metropolitan area to reflect fairly the various regions and
interests throughout the state that are affected by the
operation of the commission's major airport and airport system.
Two of these members must be residents of statutory or home rule
charter cities, towns, or counties containing an airport
designated by the commissioner of transportation as a key
airport. The other two must be residents of statutory or home
rule charter cities, towns, or counties containing an airport
designated by the commissioner of transportation as an
intermediate airport. The members must be appointed by the
governor as follows: deleted text begin one for a term of one year, one for a term
of two years, one for a term of three years, and one for a term
of four years. All of the terms start on July 1, 1989 deleted text end new text begin one
member representing a key airport and one member representing an
intermediate airport for terms that expire on January 1, 2007;
and one member representing a key airport and one member
representing an intermediate airport for terms that expire on
January 5, 2009new text end . The successors of each member must be
appointed to four-year terms deleted text begin commencing on the first Monday in
January of each fourth year after the expiration of the original
termdeleted text end . Before making an appointment, the governor shall consult
each member of the legislature representing the municipality or
county from which the member is to be appointed, to solicit the
legislator's recommendation on the appointment; and
(4) a chair appointed by the governor for a term of four
years. The chair may be removed at the pleasure of the governor.
new text begin
Effective January 2007, the appointment of the chair is subject
to the advice and consent of the senate as provided in section
15.066.
new text end
new text begin
(b) The commissioner of transportation shall create a
nominating committee, composed of 15 members appointed by the
commissioner. The nominating committee consists of: the
director of aeronautics, who is the chair; a representative of a
major airline at Minneapolis-St. Paul International Airport; a
representative of a major airline union at Minneapolis-St. Paul
International Airport; a representative of each reliever
airport; and a representative of each of the cities of
Minneapolis, St. Paul, Richfield, Bloomington, Mendota Heights,
and Eagan. The nominating committee shall oversee the
nominating process for the 12 members of the commission
appointed by the governor. 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.
Following the meetings, the committee shall submit to the
governor the list of applicants, with comments, for each
appointment.
new text end
new text begin
(c) 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 and in aviation
oriented publications published in the state. The notices must
describe the appointments process and invite participation and
recommendations on the appointment.
new text end
Sec. 4.
Minnesota Statutes 2004, section 473.621,
subdivision 1b, is amended to read:
Subd. 1b.
Annual report to legislature.
The corporation
shall report to the legislature by deleted text begin February 15 deleted text end new text begin March 30 new text end of each
year concerning operations at Minneapolis-St. Paul International
Airport new text begin and each reliever airportnew text end . new text begin Regarding Minneapolis-St.
Paul International Airport,new text end the report must include the number
of aircraft operations and passenger enplanements at the airport
in the preceding year, current airport capacity in terms of
operations and passenger enplanements, average length of delay
statistics, and technological developments affecting aviation
and their effect on operations and capacity at the airport. deleted text begin The
report must include information in all the foregoing categories
as it relates to operations at Wayne County Metropolitan Airport
in Detroit. The report must compare the number of passenger
enplanements and the number of aircraft operations with the 1993
Metropolitan Airports Commission baseline forecasts of total
passengers and total aircraft operations.deleted text end new text begin The report must
include the aircraft operations, based aircraft, and status of
major development programs at each reliever airport.
new text end
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin
The terms of council members provided by section 1 are
effective for members serving in the enumerated districts on
August 1, 2005.
new text end