as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the municipal board; providing for the 1.3 composition of the board; amending Minnesota Statutes 1.4 1994, section 414.01, subdivisions 2, 3a, 5, and 6a. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 1994, section 414.01, 1.7 subdivision 2, is amended to read: 1.8 Subd. 2. The board shall be composed of three members 1.9 appointed by the governor, at least one of whom shall be learned 1.10 in the law, and at least one of whom shall be a resident from 1.11 outside of the metropolitan area as defined in section 473.121, 1.12 subdivision 2. The board shall select from its members a chair 1.13 who shall have the powers and duties prescribed by the general 1.14 law applicable to the heads of departments and agencies of the 1.15 state.In proceedings before the board for the incorporation of1.16a statutory city, consolidation of two or more municipalities,1.17or annexation of unincorporated land to a municipality, two1.18county commissioners of the board of the county in which all or1.19a majority of the affected land is located shall serve on the1.20board during such time as the board shall have under1.21consideration said matter. The executive director of the board1.22shall upon initiation of a proceeding for such incorporation,1.23consolidation, or annexation notify the county auditor of the1.24county in which the majority of the affected property is1.25situated of the need for the appointment of the two county2.1commissioners to the board. At the next succeeding meeting of2.2the county board the commissioners shall designate the two2.3appointed and shall thereupon immediately notify the Minnesota2.4municipal board executive director of their action. The county2.5commissioners shall represent districts which do not contain any2.6of the affected territory. If commissioners from the unaffected2.7districts are unavailable, commissioners from the affected2.8district may serve.2.9 Sec. 2. Minnesota Statutes 1994, section 414.01, 2.10 subdivision 3a, is amended to read: 2.11 Subd. 3a. The removal of members and filling of vacancies 2.12 formembers other than county commissionermembers on the board 2.13 shall be as provided in section 15.0575. 2.14 Sec. 3. Minnesota Statutes 1994, section 414.01, 2.15 subdivision 5, is amended to read: 2.16 Subd. 5. The board shall transact business and conduct 2.17 hearings by a majority of its members except as otherwise 2.18 provided for by subdivision 12 but a smaller number may adjourn 2.19 from time to time. The chair may order the consolidation of 2.20 separate proceedings in the interest of economy and expedience. 2.21In those proceedings in which the board is composed of five2.22members,No order of the board shall be finalunless approved by2.23three of the five members, and in all other proceedingsunless 2.24 approved by two of thethreemembers. 2.25 Sec. 4. Minnesota Statutes 1994, section 414.01, 2.26 subdivision 6a, is amended to read: 2.27 Subd. 6a. Each member of the municipal board shall receive 2.28 $50 per day when in attendance at board meetings or hearings, or 2.29 when otherwise engaged in the performance of duties.The county2.30commissioners shall be paid $25 per day for each hearing or2.31meeting attended. The county auditors and commissioners shall2.32be deemed to be performing duties for the county without2.33additional compensation when serving as ex officio members of2.34the board.Each member of the boardand the county commission2.35members of the boardshall be reimbursed for actual expenses 2.36 incurred in accordance with regulations relative to travel and 3.1 expenses of state officers and employees. 3.2 Sec. 5. [EFFECTIVE DATE.] 3.3 Sections 1 to 4 are effective January 1, 1996.