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HF 2694

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to the Metropolitan Airports Commission; 
  1.3             requiring confirmation of the chair; increasing the 
  1.4             duties and compensation range of its chair; providing 
  1.5             for length of terms and time of appointment of 
  1.6             members; amending Minnesota Statutes 2002, sections 
  1.7             15A.0815, subdivision 1; 473.604, subdivisions 1, 2, 
  1.8             by adding a subdivision; 473.606, subdivision 2; 
  1.9             Minnesota Statutes 2003 Supplement, section 15A.0815, 
  1.10            subdivision 3; repealing Minnesota Statutes 2002, 
  1.11            section 15A.0815, subdivision 4. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2002, section 15A.0815, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [SALARY LIMITS.] The governor or other 
  1.16  appropriate appointing authority shall set the salary rates for 
  1.17  positions listed in this section within the salary limits listed 
  1.18  in subdivisions 2 to 4 and 3, subject to approval of the 
  1.19  Legislative Coordinating Commission and the legislature as 
  1.20  provided by subdivision 5 and sections 3.855 and 15A.081, 
  1.21  subdivision 7b.  The governor or other appropriate appointing 
  1.22  authority shall set the salary rate of the chair of the 
  1.23  Metropolitan Airports Commission at substantially the same rate 
  1.24  as that set for the chair of the Metropolitan Council, with 
  1.25  variation to account for different levels of experience or 
  1.26  tenure in office. 
  1.27     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  1.28  15A.0815, subdivision 3, is amended to read: 
  2.1      Subd. 3.  [GROUP II SALARY LIMITS.] The salaries for 
  2.2   positions in this subdivision may not exceed 85 percent of the 
  2.3   salary of the governor: 
  2.4      Executive director of Gambling Control Board; 
  2.5      Commissioner, Iron Range Resources and Rehabilitation 
  2.6   Board; 
  2.7      Commissioner, Bureau of Mediation Services; 
  2.8      Ombudsman for Mental Health and Retardation; 
  2.9      Chair, Metropolitan Airports Commission; 
  2.10     Chair, Metropolitan Council; 
  2.11     Executive director of pari-mutuel racing; 
  2.12     Executive director, Public Employees Retirement 
  2.13  Association; 
  2.14     Commissioner, Public Utilities Commission; 
  2.15     Executive director, State Retirement System; and 
  2.16     Executive director, Teachers Retirement Association. 
  2.17     Sec. 3.  Minnesota Statutes 2002, section 473.604, 
  2.18  subdivision 1, is amended to read: 
  2.19     Subdivision 1.  [COMPOSITION.] The commission consists of: 
  2.20     (1) the mayor of each of the cities, or a qualified voter 
  2.21  appointed by the mayor, for the term of office as mayor; 
  2.22     (2) eight members, appointed by the governor from each of 
  2.23  the following agency districts: 
  2.24     (i) district A, consisting of council districts 1 and 2; 
  2.25     (ii) district B, consisting of council districts 3 and 4; 
  2.26     (iii) district C, consisting of council districts 5 and 6; 
  2.27     (iv) district D, consisting of council districts 7 and 8; 
  2.28     (v) district E, consisting of council districts 9 and 10; 
  2.29     (vi) district F, consisting of council districts 11 and 12; 
  2.30     (vii) district G, consisting of council districts 13 and 
  2.31  14; and 
  2.32     (viii) district H, consisting of council districts 15 and 
  2.33  16. 
  2.34  Each member shall be a resident of the district represented.  
  2.35  Before making an appointment, the governor shall consult with 
  2.36  each member of the legislature from the district for which the 
  3.1   member is to be appointed, to solicit the legislator's 
  3.2   recommendation on the appointment; 
  3.3      (3) four members appointed by the governor from outside of 
  3.4   the metropolitan area to reflect fairly the various regions and 
  3.5   interests throughout the state that are affected by the 
  3.6   operation of the commission's major airport and airport system.  
  3.7   Two of these members must be residents of statutory or home rule 
  3.8   charter cities, towns, or counties containing an airport 
  3.9   designated by the commissioner of transportation as a key 
  3.10  airport.  The other two must be residents of statutory or home 
  3.11  rule charter cities, towns, or counties containing an airport 
  3.12  designated by the commissioner of transportation as an 
  3.13  intermediate airport.  The members must be appointed by the 
  3.14  governor as follows:  one for a term of one year, one for a term 
  3.15  of two years, one for a term of three years, and one for a term 
  3.16  of four years.  All of the terms start on July 1, 1989.  The 
  3.17  successors of each member must be appointed to four-year terms 
  3.18  commencing on the first Monday in January of each fourth year 
  3.19  after the expiration of the original term.  Before making an 
  3.20  appointment, the governor shall consult each member of the 
  3.21  legislature representing the municipality or county from which 
  3.22  the member is to be appointed, to solicit the legislator's 
  3.23  recommendation on the appointment; and 
  3.24     (4) a chair appointed by the governor for a term of four 
  3.25  years.  The chair may be removed who serves at the pleasure of 
  3.26  the governor for a term ending with the term of the governor.  
  3.27  The appointment of the chair is subject to the advice and 
  3.28  consent of the senate as provided in section 15.066. 
  3.29     Sec. 4.  Minnesota Statutes 2002, section 473.604, 
  3.30  subdivision 2, is amended to read: 
  3.31     Subd. 2.  [TERMS OF OFFICE.] Each mayor, or any voter 
  3.32  appointed by the mayor instead, shall serve as a commissioner 
  3.33  for the term of office of such mayor.  The members appointed 
  3.34  under subdivision 1, clauses (2) and (3), serve at the pleasure 
  3.35  of the governor and, except as provided in subdivision 2a, serve 
  3.36  for a term ending with the term of the governor.  The office of 
  4.1   any a commissioner who is also a member of a city council or 
  4.2   board shall become vacant when for any reason the commissioner 
  4.3   ceases to hold the city office to which elected, and the office 
  4.4   of any a commissioner shall become vacant upon the occurrence of 
  4.5   any event referred to in section 351.02.  Except as provided 
  4.6   in the preceding sentences of this subdivision, each and 
  4.7   subdivision 2a, a commissioner shall serve until a successor is 
  4.8   duly appointed and has qualified.  Any vacancy in the office of 
  4.9   a commissioner shall immediately be filled for the unexpired 
  4.10  term, and in such case, or when the term of a commissioner 
  4.11  expires, a successor shall be chosen in the same manner as was 
  4.12  the predecessor, and the appointment shall be evidenced in the 
  4.13  same manner.  
  4.14     Sec. 5.  Minnesota Statutes 2002, section 473.604, is 
  4.15  amended by adding a subdivision to read: 
  4.16     Subd. 2a.  [REAPPORTIONMENT.] The terms of the members 
  4.17  appointed under subdivision 1, clause (2), end on the effective 
  4.18  date of the redistricting of the districts of the Metropolitan 
  4.19  Council, as provided in section 473.123, subdivision 3a.  Within 
  4.20  60 days after a redistricting plan takes effect, the governor 
  4.21  must appoint new members to the commission from the newly drawn 
  4.22  districts to serve terms as provided in subdivision 2. 
  4.23     Sec. 6.  Minnesota Statutes 2002, section 473.606, 
  4.24  subdivision 2, is amended to read: 
  4.25     Subd. 2.  [CHAIRS, SECRETARY.] (a) The chair, vice-chair, 
  4.26  and secretary shall have such powers and perform such duties as 
  4.27  may be given or imposed upon them by sections 473.601 to 
  4.28  473.679, or by the bylaws of the corporation. 
  4.29     (b) Among the chair's duties are specifically to: 
  4.30     (1) if present, preside at meetings of the commission; 
  4.31     (2) have the primary responsibility for meeting with local 
  4.32  elected officials; 
  4.33     (3) serve as the principal legislative liaison; 
  4.34     (4) present to the governor and the legislature, after 
  4.35  commission approval, the commission's plans for its operations; 
  4.36  and 
  5.1      (5) serve as the principal spokesperson of the commission. 
  5.2      Sec. 7.  [REPEALER.] 
  5.3      Minnesota Statutes 2002, section 15A.0815, subdivision 4, 
  5.4   is repealed. 
  5.5      Sec. 8.  [EFFECTIVE DATE.] 
  5.6      This act is effective the day following final enactment.  
  5.7   Section 3 is effective the day following final enactment and 
  5.8   applies to appointments made on or after that date.