as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to local government; removing county 1.3 commissioners from the Minnesota municipal board; 1.4 amending Minnesota Statutes 1996, section 414.01, 1.5 subdivisions 2, 5, and 6a. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 1996, section 414.01, 1.8 subdivision 2, is amended to read: 1.9 Subd. 2. [MEMBERS, QUALIFICATIONS, MEETINGS.] The board 1.10 shall be composed of three members appointed by the governor, at 1.11 least one of whom shall be learned in the law, and at least one 1.12 of whom shall be a resident from outside of the metropolitan 1.13 area as defined in section 473.121, subdivision 2. The board 1.14 shall select from its members a chair who shall have the powers 1.15 and duties prescribed by the general law applicable to the heads 1.16 of departments and agencies of the state. All those appointed 1.17 must be residents of the state for at least five years before 1.18 the appointment. Each appointed member shall serve for six 1.19 years. The board shall meet once each month at a regular time 1.20 to be established by the chair. The removal of members and 1.21 filling of vacancies for membersother than county commissioner1.22memberson the board are as provided in section 15.0575. 1.23In proceedings before the board for the incorporation of a1.24statutory city, consolidation of two or more municipalities, or1.25annexation of unincorporated land to a municipality, two county2.1commissioners of the board of the county in which all or a2.2majority of the affected land is located shall serve on the2.3board during such time as the board shall have under2.4consideration said matter. The executive director of the board2.5shall upon initiation of a proceeding for such incorporation,2.6consolidation, or annexation notify the county auditor of the2.7county in which the majority of the affected property is2.8situated of the need for the appointment of the two county2.9commissioners to the board. At the next succeeding meeting of2.10the county board the commissioners shall designate the two2.11appointed and shall thereupon immediately notify the Minnesota2.12municipal board executive director of their action. The county2.13commissioners shall represent districts which do not contain any2.14of the affected territory. If commissioners from the unaffected2.15districts are unavailable, commissioners from the affected2.16district may serve.2.17 Sec. 2. Minnesota Statutes 1996, section 414.01, 2.18 subdivision 5, is amended to read: 2.19 Subd. 5. [MAJORITY ACTS, CHAIR'S AUTHORITY.] The board 2.20 shall transact business and conduct hearings by a majority of 2.21 its members except as otherwise provided for by subdivision 12 2.22 but a smaller number may adjourn from time to time. The chair 2.23 may order the consolidation of separate proceedings in the 2.24 interest of economy and expedience.In those proceedings in2.25which the board is composed of five members,No order of the 2.26 board shall be final unlessapproved by three of the five2.27members, and in all other proceedings unlessapproved by two of 2.28 the three members. 2.29 Sec. 3. Minnesota Statutes 1996, section 414.01, 2.30 subdivision 6a, is amended to read: 2.31 Subd. 6a. [PER DIEM; EXPENSES.] Each member of the 2.32 municipal board shall receive $50 per day when in attendance at 2.33 board meetings or hearings, or when otherwise engaged in the 2.34 performance of duties.The county commissioners shall be paid2.35$25 per day for each hearing or meeting attended. The county2.36auditors and commissioners shall be deemed to be performing3.1duties for the county without additional compensation when3.2serving as ex officio members of the board.Each member of the 3.3 boardand the county commission members of the boardshall be 3.4 reimbursed for actual expenses incurred in accordance with state 3.5 travel regulations.