as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:41am
A bill for an act
relating to metropolitan government; restructuring the Metropolitan Council as a
council of governments; amending Minnesota Statutes 2008, sections 15.0597,
subdivision 1; 15A.0815, subdivision 3; 352D.02, subdivision 1; 473.123;
473.303, subdivision 2; 473.604, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2008, section 15.0597, subdivision 1, is amended to read:
As used in this section, the following terms shall have
the meanings given them.
(a) "Agency" means (1) a state board, commission, council, committee, authority,
task force, including an advisory task force created under section 15.014 or 15.0593, a
group created by executive order of the governor, or other similar multimember agency
created by law and having statewide jurisdiction; and (2) deleted text begin the Metropolitan Council,deleted text end new text begin anew text end
metropolitan agency, Capitol Area Architectural and Planning Board, and any agency with
a regional jurisdiction created in this state pursuant to an interstate compact.
(b) "Vacancy" or "vacant agency position" means (1) a vacancy in an existing
agency, or (2) a new, unfilled agency position. Vacancy includes a position that is to
be filled through appointment of a nonlegislator by a legislator or group of legislators;
vacancy does not mean (1) a vacant position on an agency composed exclusively of
persons employed by a political subdivision or another agency, or (2) a vacancy to be filled
by a person required to have a specific title or position.
(c) "Secretary" means the secretary of state.
Minnesota Statutes 2008, section 15A.0815, subdivision 3, is amended to read:
The salaries for positions in this subdivision may
not exceed 85 percent of the salary of the governor:
Executive director of Gambling Control Board;
Commissioner, Iron Range Resources and Rehabilitation Board;
Commissioner, Bureau of Mediation Services;
Ombudsman for Mental Health and Developmental Disabilities;
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Chair, Metropolitan Council;
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Executive director of pari-mutuel racing; and
Commissioner, Public Utilities Commission.
Minnesota Statutes 2008, section 352D.02, subdivision 1, is amended to read:
(a) Employees enumerated in paragraph (c), clauses (2),
(3), (4), (6) to (14), and (16) to (18), if they are in the unclassified service of the state or
Metropolitan Council and are eligible for coverage under the general state employees
retirement plan under chapter 352, are participants in the unclassified program under this
chapter unless the employee gives notice to the executive director of the Minnesota State
Retirement System within one year following the commencement of employment in the
unclassified service that the employee desires coverage under the general state employees
retirement plan. For the purposes of this chapter, an employee who does not file notice
with the executive director is deemed to have exercised the option to participate in the
unclassified program.
(b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified
program under this chapter unless the person was eligible to elect different coverage under
section 3A.07 and elected retirement coverage by the applicable alternative retirement
plan. Persons referenced in paragraph (c), clause (15), are participants in the unclassified
program under this chapter for judicial employment in excess of the service credit limit in
section 490.121, subdivision 22.
(c) Enumerated employees and referenced persons are:
(1) the governor, the lieutenant governor, the secretary of state, the state auditor,
and the attorney general;
(2) an employee in the Office of the Governor, Lieutenant Governor, Secretary
of State, State Auditor, Attorney General;
(3) an employee of the State Board of Investment;
(4) the head of a department, division, or agency created by statute in the unclassified
service, an acting department head subsequently appointed to the position, or an employee
enumerated in section 15A.0815 or 15A.083, subdivision 4;
(5) a member of the legislature;
(6) a full-time unclassified employee of the legislature or a commission or agency of
the legislature who is appointed without a limit on the duration of the employment or a
temporary legislative employee having shares in the supplemental retirement fund as a
result of former employment covered by this chapter, whether or not eligible for coverage
under the Minnesota State Retirement System;
(7) a person who is employed in a position established under section 43A.08,
subdivision 1, clause (3), or in a position authorized under a statute creating or establishing
a department or agency of the state, which is at the deputy or assistant head of department
or agency or director level;
(8) the regional administrator, or executive director of the Metropolitan Council,
general counsel, division directors, operations managers, and other positions as designated
by the council, all of which may not exceed 27 positions at the council deleted text begin and the chairdeleted text end ;
(9) the executive director, associate executive director, and not to exceed nine
positions of the Minnesota Office of Higher Education in the unclassified service, as
designated by the Minnesota Office of Higher Education before January 1, 1992, or
subsequently redesignated with the approval of the board of directors of the Minnesota
State Retirement System, unless the person has elected coverage by the individual
retirement account plan under chapter 354B;
(10) the clerk of the appellate courts appointed under article VI, section 2, of the
Constitution of the state of Minnesota, the state court administrator and judicial district
administrators;
(11) the chief executive officers of correctional facilities operated by the Department
of Corrections and of hospitals and nursing homes operated by the Department of Human
Services;
(12) an employee whose principal employment is at the state ceremonial house;
(13) an employee of the Agricultural Utilization Research Institute;
(14) an employee of the State Lottery who is covered by the managerial plan
established under section 43A.18, subdivision 3;
(15) a judge who has exceeded the service credit limit in section 490.121,
subdivision 22;
(16) an employee of Enterprise Minnesota, Inc.;
(17) a person employed by the Minnesota State Colleges and Universities as faculty
or in an eligible unclassified administrative position as defined in section 354B.20,
subdivision 6, who was employed by the former state university or the former community
college system before May 1, 1995, and elected unclassified program coverage prior to
May 1, 1995; and
(18) a person employed by the Minnesota State Colleges and Universities who
was employed in state service before July 1, 1995, who subsequently is employed in an
eligible unclassified administrative position as defined in section 354B.20, subdivision
6, and who elects coverage by the unclassified program.
Minnesota Statutes 2008, section 473.123, is amended to read:
A Metropolitan Council with jurisdiction in the
metropolitan area is established as a public corporation and political subdivision of the
state. It shall be under the supervision and control of deleted text begin 17deleted text end members, deleted text begin all of whom shall be
residents of the metropolitan areadeleted text end new text begin appointed as provided in this sectionnew text end .
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Council members may be reimbursed for
actual and necessary expenses incurred in the performance of duties. The annual budget
of the council shall provide as a separate account anticipated expenditures for travel and
associated expenses for the chair and members. These expenses shall be paid only when
budgeted. No council member may be paid a per diem.
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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. Each 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. The terms of members end with the term of the governor, except that all terms
expire on the effective date of the next apportionment. A member serves at the pleasure of
the governor. 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.
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(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.
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(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.
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(c) The governor shall create a nominating committee, composed of seven
metropolitan citizens appointed by the governor, to nominate persons for appointment to
the council from districts. Three of the committee members must be local elected officials.
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.
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(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.
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(e) Appointments to the council are subject to the advice and consent of the senate as
provided in section 15.066.
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(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.
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(g) Members of the council must be persons knowledgeable about urban and
metropolitan affairs.
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(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.
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The council consists of
the following members:
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(1) one county commissioner from each metropolitan county with a population of
less than 200,000, as determined by the most recent federal decennial census, appointed
by the respective county boards;
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(2) two county commissioners from each metropolitan county with a population of
200,000 or more, as determined by the most recent federal decennial census, appointed
by the respective county boards;
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(3) five members appointed by the governor, each of whom must be an elected city
council member of a city in the metropolitan area; and
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(4) the commissioner of transportation or the commissioner's designee, the
commissioner of natural resources or the commissioner's designee, and the commissioner
of the Minnesota Housing Finance Agency or the commissioner's designee.
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The members appointed under clauses (1) to (3) serve at the pleasure of the
respective appointing authorities and are voting members of the council. The members
under clause (4) serve as nonvoting members.
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new text begin For the purposes of sections 473.303, subdivision 2,
and 473.604, subdivision 1, new text end the legislature shall redraw the boundaries of the deleted text begin councildeleted text end
new text begin metropolitan agency new text end districts new text begin described in this section new text end after each decennial federal census
so that each district has substantially equal population. Redistricting is effective in the
year ending in the numeral "3." Within 60 days after a redistricting plan takes effect, the
governor shall appoint members from the newly drawn districts to serve terms as provided
deleted text begin under subdivision 2adeleted text end new text begin in sections 473.303 and 473.604new text end .
The deleted text begin councildeleted text end new text begin metropolitan agencynew text end district boundaries
are as follows:
(1) The first deleted text begin councildeleted text end district consists of that portion of Hennepin county consisting
of the cities of Champlin, Corcoran, Dayton, Greenfield, Independence, Loretto, Maple
Grove, Maple Plain, Medicine Lake, Medina, Plymouth, and Rogers, and the town of
Hassan.
(2) The second deleted text begin councildeleted text end district consists of that portion of Anoka county consisting of
the cities of Columbia Heights, Fridley, Hilltop, and Spring Lake Park, and that portion of
Hennepin county consisting of the cities of Brooklyn Center, Brooklyn Park, Osseo, and
Robbinsdale.
(3) The third deleted text begin councildeleted text end district consists of that portion of Hennepin county consisting
of the cities of Chanhassen, Deephaven, Eden Prairie, Excelsior, Greenwood, Hopkins,
Long Lake, Minnetonka, Minnetonka Beach, Mound, Orono, Shorewood, Spring Park,
Tonka Bay, Wayzata, and Woodland.
(4) The fourth deleted text begin councildeleted text end district consists of Carver county, that portion of Hennepin
county consisting of the cities of Minnetrista and St. Bonifacius, and that portion of Scott
county in the metropolitan area.
(5) The fifth deleted text begin councildeleted text end district consists of that portion of Hennepin county consisting
of the cities of Bloomington, Edina, and Richfield, and the unorganized territory of Fort
Snelling.
(6) The sixth deleted text begin councildeleted text end district consists of that portion of Hennepin county consisting
of the cities of Crystal, Golden Valley, New Hope, and St. Louis Park, and that portion
of the city of Minneapolis lying within a line described as follows: commencing at the
intersection of the southern boundary of the city of Minneapolis and Lyndale Avenue,
northerly along Lyndale Avenue to its intersection with Interstate Highway 394, easterly
along Interstate Highway 394 to its intersection with Interstate Highway 94, northerly
along Interstate Highway 94 to its intersection with the second set of Burlington Northern
Santa Fe Railroad tracks, westerly along that set of Burlington Northern Santa Fe Railroad
tracks to their intersection with the Canadian Pacific Railway tracks, westerly and northerly
along the Canadian Pacific Railway tracks to their most westerly intersection with Bassett
Creek in the city of Minneapolis, northwesterly along Bassett Creek to its intersection
with the western boundary of the city of Minneapolis, southerly and then easterly along
the western and southern boundaries of the city of Minneapolis to the point of origin.
(7) The seventh deleted text begin councildeleted text end district consists of that portion of the city of Minneapolis
lying within a line described as follows: commencing at the intersection of the west bank
of the Mississippi River with Interstate Highway 35W, southwesterly along Interstate
Highway 35W to its intersection with State Highway 55, southerly along State Highway
55 to its intersection with Interstate Highway 94, easterly along Interstate Highway 94
to its intersection with 20th Avenue South, southerly along 20th Avenue South to its
intersection with Cedar Avenue, southerly along Cedar Avenue to its intersection with East
42nd Street, westerly along East 42nd Street to its intersection with the eastern boundary
of the sixth deleted text begin councildeleted text end district, northerly and then westerly along the eastern and northern
boundaries of the sixth deleted text begin councildeleted text end district to the western boundary of the city of Minneapolis,
northerly and then easterly along the western and northern boundaries of the city of
Minneapolis to the west bank of the Mississippi River, southerly and easterly along the
west bank of the Mississippi River to the point of origin.
(8) The eighth deleted text begin councildeleted text end district consists of that portion of the city of Minneapolis
not included in the sixth or seventh deleted text begin councildeleted text end district, that portion of Hennepin county
consisting of the city of St. Anthony, and that portion of Ramsey county consisting of
the city of St. Anthony.
(9) The ninth deleted text begin councildeleted text end district consists of that portion of Anoka county consisting of
the cities of Andover, Anoka, Bethel, Coon Rapids, East Bethel, Ham Lake, Oak Grove,
Ramsey, and St. Francis, and the towns of Burns and Linwood.
(10) The tenth deleted text begin councildeleted text end district consists of that portion of Anoka county consisting
of the cities of Blaine, Circle Pines, and Lexington, and that portion of Ramsey county
consisting of the cities of Arden Hills, Blaine, Falcon Heights, Lauderdale, Mounds View,
New Brighton, North Oaks, Roseville, Shoreview, and Spring Lake Park.
(11) The eleventh deleted text begin councildeleted text end district consists of that portion of Anoka county consisting
of the cities of Centerville and Lino Lakes, and the town of Columbus, and that portion of
Ramsey county consisting of the cities of Gem Lake, Little Canada, Maplewood, North
St. Paul, Vadnais Heights, and White Bear Lake, and the town of White Bear, and that
portion of Washington county consisting of the cities of Hugo, Landfall, Oakdale, and
White Bear Lake.
(12) The twelfth deleted text begin councildeleted text end district consists of that portion of Washington county not
included in the eleventh deleted text begin councildeleted text end district.
(13) The thirteenth deleted text begin councildeleted text end district consists of that portion of Dakota county
consisting of the cities of Lilydale, Mendota, Mendota Heights, Sunfish Lake, and West
St. Paul, and that portion of Ramsey county consisting of that portion of the city of St.
Paul lying east of Interstate Highway 35E.
(14) The fourteenth deleted text begin councildeleted text end district consists of that portion of Ramsey county
consisting of that portion of the city St. Paul lying west of Interstate Highway 35E.
(15) The fifteenth deleted text begin councildeleted text end district consists of that portion of Dakota county consisting
of the cities of Burnsville, Inver Grove Heights, and South St. Paul, and that portion of the
city of Eagan lying north of a line described as follows: commencing at the intersection of
Cliff Road with the western boundary of the city of Eagan, easterly along Cliff Road to
its intersection with Robert Trail South and 110th Street West, then easterly along 110th
Street West to the eastern boundary of the city of Eagan.
(16) The sixteenth deleted text begin councildeleted text end district consists of that portion of Dakota county in the
metropolitan area not included in the thirteenth or fifteenth deleted text begin councildeleted text end district.
(17) In case of any discrepancy between the description of a district in this
subdivision and the district as it appears in Metropolitan Council redistricting plan MC03,
as adopted in Laws 2003, First Special Session chapter 16, section 9, the district that
appears in plan MC03 governs.
(a)
The chair of the Metropolitan Council shall be appointed by deleted text begin the governor as the 17th
voting member thereof by and with the advice and consent of the senate to serve at the
pleasure of the governor to represent the metropolitan area at large. Senate confirmation
shall be as provided by section 15.066deleted text end new text begin and from among the council membersnew text end .
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. The annual budget of the council
shall provide as a separate account anticipated expenditures for compensation, travel, and
associated expenses for the chair and members, and compensation or reimbursement shall
be made to the chair and members only when budgeted.
(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 deleted text begin council
member's districtdeleted text end new text begin metropolitan areanew text end . 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.
The council, other than the chair, may
hire a performance and budget analyst to assist the deleted text begin 16deleted text end council members with policy and
budget analysis and evaluation of the council's performance. The analyst may recommend
and the council may hire up to two additional analysts to assist the council with
performance evaluation and budget analysis. The analyst and any additional analysts hired
shall serve at the pleasure of the council members. The deleted text begin 16deleted text end members of the council may
prescribe all terms and conditions for the employment of the analyst and any additional
analysts hired, including, but not limited to, the fixing of compensation, benefits, and
insurance. The analyst shall prepare the budget for the provisions of this section and
submit the budget for council approval and inclusion in the council's overall budget.
The council may appoint a general counsel to serve at
the pleasure of the council.
Minnesota Statutes 2008, section 473.303, subdivision 2, is amended to read:
(a) The agency consists of eight members,
plus a chair appointed as provided in subdivision 3. The Metropolitan Council shall
appoint the eight members on a nonpartisan basis after consultation with the members of
the legislature from the district for which the member is to be appointed. The consultation
with legislators in the affected district must include informing each legislator of the name,
address, and background of each candidate for appointment and soliciting and reporting to
the appointments committee the recommendation of each legislator on the appointment.
(b) In addition to the notice required in 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 council shall notify in writing
the governing bodies of the statutory and home rule charter cities, counties, and towns
having territory in the district for which the member is to be appointed. The notices must
describe the appointment process and invite participation and recommendations on the
appointment.
(c) The council shall establish an appointments committee, composed of members
of the council, to screen and review candidates. Following the submission of member
applications to the Metropolitan Council as provided under section 15.0597, subdivision 5,
the appointments committee shall conduct public meetings, following 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 council a written report that lists the persons
who have applied or been nominated or recommended for the position, along with a
description of the background and qualifications of each. In making its recommendation,
the committee specifically shall consider evidence of the candidate's commitment to
regularly communicate on issues before the agency with Metropolitan Council members,
legislators and local elected officials in the district, and the committee shall report its
findings on this subject in its written report to the council.
(d) One member shall be appointed from each of the following agency districts:
(1) district A, consisting of deleted text begin councildeleted text end new text begin metropolitan agency new text end districts 1 and 2;
(2) district B, consisting of deleted text begin councildeleted text end new text begin metropolitan agency new text end districts 3 and 4;
(3) district C, consisting of deleted text begin councildeleted text end new text begin metropolitan agency new text end districts 5 and 6;
(4) district D, consisting of deleted text begin councildeleted text end new text begin metropolitan agency new text end districts 7 and 8;
(5) district E, consisting of deleted text begin councildeleted text end new text begin metropolitan agency new text end districts 9 and 10;
(6) district F, consisting of deleted text begin councildeleted text end new text begin metropolitan agency new text end districts 11 and 12;
(7) district G, consisting of deleted text begin councildeleted text end new text begin metropolitan agency new text end districts 13 and 14; and
(8) district H, consisting of deleted text begin councildeleted text end new text begin metropolitan agency new text end districts 15 and 16.
Minnesota Statutes 2008, section 473.604, subdivision 1, is amended to read:
The commission consists of:
(1) the mayor of each of the cities, or a qualified voter appointed by the mayor,
for the term of office as mayor;
(2) eight members, appointed by the governor, one from each of the following
agency districts:
(i) district A, consisting of deleted text begin councildeleted text end new text begin metropolitan agencynew text end districts 1 and 2;
(ii) district B, consisting of deleted text begin councildeleted text end new text begin metropolitan agencynew text end districts 3 and 4;
(iii) district C, consisting of deleted text begin councildeleted text end new text begin metropolitan agencynew text end districts 5 and 6;
(iv) district D, consisting of deleted text begin councildeleted text end new text begin metropolitan agencynew text end districts 7 and 8;
(v) district E, consisting of deleted text begin councildeleted text end new text begin metropolitan agencynew text end districts 9 and 10;
(vi) district F, consisting of deleted text begin councildeleted text end new text begin metropolitan agencynew text end districts 11 and 12;
(vii) district G, consisting of deleted text begin councildeleted text end new text begin metropolitan agencynew text end districts 13 and 14; and
(viii) district H, consisting of deleted text begin councildeleted text end new text begin metropolitan agencynew text end districts 15 and 16.
Each member shall be a resident of the district represented. For appointments after June 2,
2006, a member must have resided in the district for at least six months and in the state
for at least one year immediately preceding the appointment. The terms of the members
from districts A, B, F, and H expire on January 1, 2007. The terms of the members from
districts C, D, E, and G expire on January 5, 2009. The successors of each member must
be appointed to four-year terms. Before making an appointment, the governor shall
consult with each member of the legislature from the district for which the member is to
be appointed, to solicit the legislator's recommendation on the appointment;
(3) four members appointed by the governor from outside of the metropolitan area to
reflect fairly the various regions and interests throughout the state that are affected by the
operation of the commission's major airport and airport system. Two of these members
must be residents of statutory or home rule charter cities, towns, or counties containing an
airport designated by the commissioner of transportation as a key airport. The other two
must be residents of statutory or home rule charter cities, towns, or counties containing
an airport designated by the commissioner of transportation as an intermediate airport.
The members must be appointed by the governor as follows: one for a term of one year,
one for a term of two years, one for a term of three years, and one for a term of four
years. All of the terms start on July 1, 1989. The successors of each member must be
appointed to four-year terms commencing on the first Monday in January of each fourth
year after the expiration of the original term. Before making an appointment, the governor
shall consult each member of the legislature representing the municipality or county
from which the member is to be appointed, to solicit the legislator's recommendation
on the appointment; and
(4) a chair appointed by the governor for a term of four years. The chair may be
removed at the pleasure of the governor.
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Sections 4 to 6 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
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