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HF 1297

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/30/2016 10:23am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to the Metropolitan Council; providing for staggered terms of
Metropolitan Council members; modifying the membership of the Metropolitan
Council to include local elected officials; providing for the council to select its
own chair; modifying the membership of the nominating committee; amending
Minnesota Statutes 2014, section 473.123, subdivisions 2a, 3, 4.

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

Section 1.

Minnesota Statutes 2014, 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 beginEach 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 beginend with the term of the governordeleted text endnew 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 beginA 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.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 2.

Minnesota Statutes 2014, 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 Metropolitan Council member must be an elected city
council member or mayor, or county commissioner. A Metropolitan Council member's
office becomes vacant if the person appointed to that position ceases to be an elected city
council member or mayor, or county commissioner.
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) deleted text beginThe governor shall create a nominating committee, composeddeleted text endnew text begin A committeenew text end of
seven metropolitan citizens deleted text beginappointed by the governor, todeleted text endnew text begin shallnew text end nominate persons for
appointment to the council from districts. Three of the committee members must be local
elected officialsnew text begin appointed by Metro Cities, one must be a county commissioner appointed
by the Association of Minnesota Counties, and three must be appointed by the governor
new text end.
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; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 3.

Minnesota Statutes 2014, section 473.123, subdivision 4, is amended to read:


Subd. 4.

Chair; appointment, officers, selection; duties and compensation.

(a)
The chair of the Metropolitan Council shall be deleted text beginappointeddeleted text endnew text begin electednew text end by the deleted text begingovernordeleted text endnew text begin 16
members of the council
new text end as the 17th voting member thereof by and with the advice and
consent of the senate to serve at the pleasure of the deleted text begingovernordeleted text endnew text begin councilnew text end to represent the
metropolitan area at large. Senate confirmation shall be as provided by section 15.066.

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.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington. The term of the chair of the Metropolitan Council serving on the
effective date of this section ends on that date, but the chair may continue serving until
a new chair is elected by the council under this section.
new text end

Sec. 4. new text beginMETROPOLITAN COUNCIL APPOINTMENTS; IMMEDIATE
TRANSITION TO STAGGERED TERMS.
new text end

new text begin For members serving on the Metropolitan Council on the effective date of this
section, other than the chair, members representing even-numbered districts shall serve
terms ending the first Monday in January 2019, and members representing odd-numbered
districts shall serve terms ending the first Monday in January 2017. Thereafter the term of
each member is four years, with terms ending the first Monday in January.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end