as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to local government; removing county 1.3 commissioners from the municipal board; amending 1.4 Minnesota Statutes 1994, section 414.01, subdivisions 1.5 2, 3a, 5, and 6a. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 1994, section 414.01, 1.8 subdivision 2, is amended to read: 1.9 Subd. 2. The board shall be composed of three members 1.10 appointed by the governor, at least one of whom shall be learned 1.11 in the law, and at least one of whom shall be a resident from 1.12 outside of the metropolitan area as defined in section 473.121, 1.13 subdivision 2. The board shall select from its members a chair 1.14 who shall have the powers and duties prescribed by the general 1.15 law applicable to the heads of departments and agencies of the 1.16 state.In proceedings before the board for the incorporation of1.17a statutory city, consolidation of two or more municipalities,1.18or annexation of unincorporated land to a municipality, two1.19county commissioners of the board of the county in which all or1.20a majority of the affected land is located shall serve on the1.21board during such time as the board shall have under1.22consideration said matter. The executive director of the board1.23shall upon initiation of a proceeding for such incorporation,1.24consolidation, or annexation notify the county auditor of the1.25county in which the majority of the affected property is2.1situated of the need for the appointment of the two county2.2commissioners to the board. At the next succeeding meeting of2.3the county board the commissioners shall designate the two2.4appointed and shall thereupon immediately notify the Minnesota2.5municipal board executive director of their action. The county2.6commissioners shall represent districts which do not contain any2.7of the affected territory. If commissioners from the unaffected2.8districts are unavailable, commissioners from the affected2.9district may serve.2.10 Sec. 2. Minnesota Statutes 1994, section 414.01, 2.11 subdivision 3a, is amended to read: 2.12 Subd. 3a. The removal of members and filling of vacancies 2.13 for membersother than county commissioner memberson the board 2.14 shall be as provided in section 15.0575. 2.15 Sec. 3. Minnesota Statutes 1994, section 414.01, 2.16 subdivision 5, is amended to read: 2.17 Subd. 5. The board shall transact business and conduct 2.18 hearings by a majority of its members except as otherwise 2.19 provided for by subdivision 12 but a smaller number may adjourn 2.20 from time to time. The chair may order the consolidation of 2.21 separate proceedings in the interest of economy and expedience. 2.22In those proceedings in which the board is composed of five2.23members,No order of the board shall be final unless approved by 2.24three of the five members, and in all other proceedings unless2.25approved bytwo of the three members. 2.26 Sec. 4. Minnesota Statutes 1994, section 414.01, 2.27 subdivision 6a, is amended to read: 2.28 Subd. 6a. Each member of the municipal board shall receive 2.29 $50 per day when in attendance at board meetings or hearings, or 2.30 when otherwise engaged in the performance of duties.The county2.31commissioners shall be paid $25 per day for each hearing or2.32meeting attended.The county auditorsand commissionersshall 2.33 be deemed to be performing duties for the county without 2.34 additional compensation when serving as ex officio members of 2.35 the board. Each member of the boardand the county commission2.36members of the boardshall be reimbursed for actual expenses 3.1 incurred in accordance with regulations relative to travel and 3.2 expenses of state officers and employees.