as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the metropolitan council; modifying the 1.3 areas from which council members are appointed; 1.4 amending Minnesota Statutes 1994, section 473.123, 1.5 subdivisions 2a and 3; repealing Minnesota Statutes 1.6 1994, section 473.123, subdivisions 3a and 3c. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1994, section 473.123, 1.9 subdivision 2a, is amended to read: 1.10 Subd. 2a. [MEMBERS; APPOINTMENTS AREAS; TERMS.]Following1.11each apportionment of council districts, as provided under1.12subdivision 3a,Council members must be appointed fromnewly1.13drawn districts as provided in subdivision 3athe following 1.14 areas: (1) two members from each of the seven counties in the 1.15 metropolitan areas; (2) one member from the city of Minneapolis; 1.16 and (3) one member from the city of St. Paul. Each council 1.17 member, other than the chair, must reside in the 1.18 councildistrictarea represented.Each council district must1.19be represented by one member of the council.The terms of 1.20 members end with the term of the governor, except that all terms1.21expire on the effective date of the next apportionment. A 1.22 member serves at the pleasure of the governor. A member shall 1.23 continue to serve the member's district until a successor is 1.24 appointed and qualified; except that, following each1.25apportionment, the member shall continue to serve at large until1.26the governor appoints 16 council members, one from each of the2.1newly drawn council districts as provided under subdivision 3a,2.2to serve terms as provided under this section. The appointment 2.3 to the council must be made by the first Monday in March of the 2.4 year in which the term ends. 2.5 Sec. 2. Minnesota Statutes 1994, section 473.123, 2.6 subdivision 3, is amended to read: 2.7 Subd. 3. [MEMBERSHIP; APPOINTMENT; QUALIFICATIONS.] (a) 2.8 Sixteen members must be appointed by the governor fromdistricts2.9defined by this sectionareas specified in subdivision 2a. Each 2.10 council member must reside in the councildistrictarea 2.11 represented.Each council district must be represented by one2.12member of the council.2.13 (b) In addition to the notice required by section 15.0597, 2.14 subdivision 4, notice of vacancies and expiration of terms must 2.15 be published in newspapers of general circulation in the 2.16 metropolitan area and the appropriate districts. The governing 2.17 bodies of the statutory and home rule charter cities, counties, 2.18 and towns having territory in thedistrictarea for which a 2.19 member is to be appointed must be notified in writing. The 2.20 notices must describe the appointments process and invite 2.21 participation and recommendations on the appointment. 2.22 (c) The governor shall create a nominating committee, 2.23 composed of seven metropolitan citizens appointed by the 2.24 governor, to nominate persons for appointment to the council 2.25 fromdistrictsthe areas specified in subdivision 2a. Three of 2.26 the committee members must be local elected officials. 2.27 Following the submission of applications as provided under 2.28 section 15.0597, subdivision 5, the nominating committee shall 2.29 conduct public meetings, after appropriate notice, to accept 2.30 statements from or on behalf of persons who have applied or been 2.31 nominated for appointment and to allow consultation with and 2.32 secure the advice of the public and local elected officials. 2.33 The committee shall hold the meeting on each appointment in 2.34 thedistrictarea or in a reasonably convenient and accessible 2.35 location in the part of the metropolitan area in which 2.36 thedistrictarea is located. The committee may consolidate 3.1 meetings. Following the meetings, the committee shall submit to 3.2 the governor a list of nominees for each appointment. The 3.3 governor is not required to appoint from the list. 3.4 (d) Before making an appointment, the governor shall 3.5 consult with all members of the legislature from the council 3.6districtarea for which the member is to be appointed. 3.7 (e) Appointments to the council are subject to the advice 3.8 and consent of the senate as provided in section 15.066. 3.9 (f) Members of the council must be appointed to reflect 3.10 fairly the various demographic, political, and other interests 3.11 in the metropolitan area and thedistrictsarea from which 3.12 appointed. 3.13 (g) Members of the council must be persons knowledgeable 3.14 about urban and metropolitan affairs. 3.15 Sec. 3. [REPEALER.] 3.16 Minnesota Statutes 1994, section 473.123, subdivisions 3a 3.17 and 3c, are repealed. 3.18 Sec. 4. [EFFECTIVE DATE.] 3.19 Sections 1 to 3 are effective January 1, 1996. The terms 3.20 of metropolitan council members appointed before January 1, 3.21 1996, expire on December 31, 1995. However, before January 1, 3.22 1996, the governor shall appoint members from the areas 3.23 specified in section 1 whose terms shall not commence until 3.24 January 1, 1996. 3.25 Sec. 5. [APPLICATION.] 3.26 Sections 1 to 4 apply in the counties of Anoka, Carver, 3.27 Dakota, Hennepin, Ramsey, Scott, and Washington.