HF 883

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to metropolitan government; providing for the 
  1.3             confirmation of the chair of the metropolitan airports 
  1.4             commission by the senate; changing the composition, 
  1.5             filing of appointments, and the terms of office of the 
  1.6             members of the metropolitan airports commission; 
  1.7             providing for oversight of the metropolitan council 
  1.8             and airports commission by the legislative commission 
  1.9             on metropolitan government; amending Minnesota 
  1.10            Statutes 2002, sections 3.8841, subdivision 1, by 
  1.11            adding a subdivision; 473.601, subdivision 4; 473.604, 
  1.12            subdivisions 1, 2, 3, by adding a subdivision; 
  1.13            473.605, subdivision 2. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2002, section 3.8841, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [ESTABLISHED.] The legislative commission 
  1.18  on metropolitan government is established to oversee 
  1.19  the metropolitan council's operating and capital budgets, work 
  1.20  program programs, and capital improvement program programs of 
  1.21  the metropolitan council and the metropolitan airports 
  1.22  commission. 
  1.23     Sec. 2.  Minnesota Statutes 2002, section 3.8841, is 
  1.24  amended by adding a subdivision to read: 
  1.25     Subd. 10.  [POWERS; DUTIES; METROPOLITAN AIRPORTS 
  1.26  COMMISSION OVERSIGHT.] The commission must monitor, review, and 
  1.27  make recommendations to the metropolitan airports commission and 
  1.28  the legislature for the following calendar year on: 
  1.29     (1) the metropolitan airports commission's proposed 
  2.1   operating and capital budgets, work program, and capital 
  2.2   improvement program; and 
  2.3      (2) the overall work and role of the metropolitan airports 
  2.4   commission. 
  2.5      The commission must monitor appointments to the 
  2.6   metropolitan airports commission and may make recommendations to 
  2.7   the governor before the governor makes the appointments. 
  2.8      Sec. 3.  Minnesota Statutes 2002, section 473.601, 
  2.9   subdivision 4, is amended to read: 
  2.10     Subd. 4.  [COMMISSIONER AND MEMBERS.] "Commissioner" and 
  2.11  "member" each means a person appointed or otherwise selected as, 
  2.12  and, after qualification, acting as, a member of the corporation 
  2.13  serving on the commission.  
  2.14     Sec. 4.  Minnesota Statutes 2002, section 473.604, 
  2.15  subdivision 1, is amended to read: 
  2.16     Subdivision 1.  [COMPOSITION.] The commission consists of: 
  2.17     (1) the mayor of each of the cities, or a qualified voter 
  2.18  appointed by the mayor, for the term of office as mayor; 
  2.19     (2) eight members, appointed by the governor from each of 
  2.20  the following agency districts: 
  2.21     (i) district A, consisting of council districts 1 and 2; 
  2.22     (ii) district B, consisting of council districts 3 and 4; 
  2.23     (iii) district C, consisting of council districts 5 and 6; 
  2.24     (iv) district D, consisting of council districts 7 and 8; 
  2.25     (v) district E, consisting of council districts 9 and 10; 
  2.26     (vi) district F, consisting of council districts 11 and 12; 
  2.27     (vii) district G, consisting of council districts 13 and 
  2.28  14; and 
  2.29     (viii) district H, consisting of council districts 15 and 
  2.30  16. 
  2.31  Each member shall be a resident of the district represented.  
  2.32  Before making an appointment, the governor shall consult with 
  2.33  each member of the legislature from the district for which the 
  2.34  member is to be appointed, to solicit the legislator's 
  2.35  recommendation on the appointment; 
  2.36     (3) (2) four members appointed by the governor from outside 
  3.1   of the metropolitan area to reflect fairly the various regions 
  3.2   and interests throughout the state that are affected by the 
  3.3   operation of the commission's major airport and airport system.  
  3.4   Two of these members must be residents of statutory or home rule 
  3.5   charter cities, towns, or counties containing an airport 
  3.6   designated by the commissioner of transportation as a key 
  3.7   airport.  The other two must be residents of statutory or home 
  3.8   rule charter cities, towns, or counties containing an airport 
  3.9   designated by the commissioner of transportation as an 
  3.10  intermediate airport.  The members must be appointed by the 
  3.11  governor as follows:  one for a term of one year, one for a term 
  3.12  of two years, one for a term of three years, and one for a term 
  3.13  of four years.  All of the terms start on July 1, 1989.  The 
  3.14  successors of each member must be appointed to four-year terms 
  3.15  commencing on the first Monday in January of each fourth year 
  3.16  after the expiration of the original term.  Before making an 
  3.17  appointment, the governor shall consult each member of the 
  3.18  legislature representing the municipality or county from which 
  3.19  the member is to be appointed, to solicit the legislator's 
  3.20  recommendation on the appointment; and 
  3.21     (4) (3) a chair appointed by the governor for a term of 
  3.22  four years.  The chair may be removed who serves at the pleasure 
  3.23  of the governor for a term ending with the term of the governor. 
  3.24  The appointment of the chair is subject to the advice and 
  3.25  consent of the senate as provided by section 15.066. 
  3.26     Sec. 5.  Minnesota Statutes 2002, section 473.604, 
  3.27  subdivision 2, is amended to read: 
  3.28     Subd. 2.  [TERMS OF OFFICE.] Each mayor, or any voter 
  3.29  appointed by the mayor instead, shall serve as a commissioner 
  3.30  for the term of office of such mayor.  The members appointed 
  3.31  under subdivision 1, clauses (1) and (2), serve at the pleasure 
  3.32  of the governor, and except as provided in subdivision 2a, serve 
  3.33  for a term ending with the term of the governor.  The office 
  3.34  of any a commissioner who is also a member of a city council or 
  3.35  board shall become vacant when for any reason the commissioner 
  3.36  ceases to hold the city office to which elected, and the office 
  4.1   of any a commissioner shall become vacant upon the occurrence of 
  4.2   any event referred to in section 351.02.  Except as provided 
  4.3   in the preceding sentences of this subdivision and subdivision 
  4.4   2a, each a commissioner shall serve until a successor is duly 
  4.5   appointed and has qualified.  Any vacancy in the office of a 
  4.6   commissioner shall immediately be filled for the unexpired term, 
  4.7   and in such case, or when the term of a commissioner expires, a 
  4.8   successor shall be chosen in the same manner as was the 
  4.9   predecessor, and the appointment shall be evidenced in the same 
  4.10  manner.  
  4.11     Sec. 6.  Minnesota Statutes 2002, section 473.604, is 
  4.12  amended by adding a subdivision to read: 
  4.13     Subd. 2a.  [REAPPORTIONMENT.] The terms of the members 
  4.14  appointed under subdivision 1, clause (2), end on the effective 
  4.15  date of the redistricting of the districts of the metropolitan 
  4.16  council, as provided by section 473.123, subdivision 3a.  Within 
  4.17  60 days after a redistricting plan takes effect, the governor 
  4.18  must appoint new members to the commission from the newly drawn 
  4.19  districts to serve terms as provided in subdivision 2. 
  4.20     Sec. 7.  Minnesota Statutes 2002, section 473.604, 
  4.21  subdivision 3, is amended to read: 
  4.22     Subd. 3.  [RESOLUTION OF APPOINTMENT; OATH.] The clerk, 
  4.23  secretary, or other appropriate official of each appointing 
  4.24  public body shall immediately file with the secretary of state a 
  4.25  certified copy of each resolution appointing commissioners.  The 
  4.26  city clerk of each city, upon the election and qualification of 
  4.27  each new mayor thereof, shall file with the secretary of state a 
  4.28  certificate stating the mayor's full name and address, and that 
  4.29  such mayor has elected to act as a commissioner, or, in the 
  4.30  event such mayor has appointed some other qualified voter 
  4.31  instead, shall file a certified copy of the order of the mayor 
  4.32  appointing such commissioner.  The governor shall file 
  4.33  appointments in the same office of the secretary of state.  Each 
  4.34  person selected as a commissioner shall thereupon file in the 
  4.35  same office the oath of office prescribed by the state 
  4.36  Constitution, article V, section 5, subscribed by the person and 
  5.1   certified by the officer administering the same.  
  5.2      Sec. 8.  Minnesota Statutes 2002, section 473.605, 
  5.3   subdivision 2, is amended to read: 
  5.4      Subd. 2.  [PER DIEM, EXPENSES; EXCEPTION.] Each commission 
  5.5   member shall receive $50 per diem compensation and be reimbursed 
  5.6   for actual and necessary expenses.  The chair shall receive a 
  5.7   salary as prescribed in section 15A.0815 and shall be reimbursed 
  5.8   for reasonable expenses to the same extent as a member.  The 
  5.9   mayors and members of the city councils of Minneapolis and St. 
  5.10  Paul shall not be eligible for per diem compensation.  The 
  5.11  annual budget of the commission shall provide as a separate 
  5.12  account anticipated expenditures for per diem, travel, and 
  5.13  associated expenses for the chair and members, and compensation 
  5.14  or reimbursement shall be made to the chair and members only 
  5.15  when budgeted. 
  5.16     Sec. 9.  [EFFECTIVE DATE.] 
  5.17     Sections 3 to 6 are effective the day following final 
  5.18  enactment and apply to all appointments to the metropolitan 
  5.19  airports commission on or after that date.