SF 1107

as introduced - 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 members of the metropolitan 
  1.4             airports commission by the senate; clarifying the 
  1.5             terms of office of the members of the metropolitan 
  1.6             airports commission; removing the members appointed by 
  1.7             the mayors of the cities of Minneapolis and St. Paul; 
  1.8             providing for review of certain capital projects by 
  1.9             the legislature and specific approval of them in a 
  1.10            law; amending Minnesota Statutes 2002, sections 
  1.11            473.601, subdivision 4; 473.604, subdivisions 1, 2, by 
  1.12            adding a subdivision; 473.621, subdivision 6. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2002, section 473.601, 
  1.15  subdivision 4, is amended to read: 
  1.16     Subd. 4.  [COMMISSIONER OR MEMBER.] "Commissioner" or 
  1.17  "member" means a person appointed or otherwise selected as, and, 
  1.18  after qualification, acting as, a member of the corporation 
  1.19  serving on the commission, except when "member" specifically 
  1.20  refers to a member of a city council or board.  
  1.21     Sec. 2.  Minnesota Statutes 2002, section 473.604, 
  1.22  subdivision 1, is amended to read: 
  1.23     Subdivision 1.  [COMPOSITION.] The commission consists of: 
  1.24     (1) the mayor of each of the cities, or a qualified voter 
  1.25  appointed by the mayor, for the term of office as mayor; 
  1.26     (2) eight members, appointed by the governor from each of 
  1.27  the following agency districts: 
  1.28     (i) district A, consisting of council districts 1 and 2; 
  1.29     (ii) district B, consisting of council districts 3 and 4; 
  2.1      (iii) district C, consisting of council districts 5 and 6; 
  2.2      (iv) district D, consisting of council districts 7 and 8; 
  2.3      (v) district E, consisting of council districts 9 and 10; 
  2.4      (vi) district F, consisting of council districts 11 and 12; 
  2.5      (vii) district G, consisting of council districts 13 and 
  2.6   14; and 
  2.7      (viii) district H, consisting of council districts 15 and 
  2.8   16. 
  2.9   Each member shall be a resident of the district represented.  
  2.10  Before making an appointment, the governor shall consult with 
  2.11  each member of the legislature from the district for which the 
  2.12  member is to be appointed, to solicit the legislator's 
  2.13  recommendation on the appointment; 
  2.14     (3) (2) four members appointed by the governor from outside 
  2.15  of the metropolitan area to reflect fairly the various regions 
  2.16  and interests throughout the state that are affected by the 
  2.17  operation of the commission's major airport and airport system.  
  2.18  Two of these members must be residents of statutory or home rule 
  2.19  charter cities, towns, or counties containing an airport 
  2.20  designated by the commissioner of transportation as a key 
  2.21  airport.  The other two must be residents of statutory or home 
  2.22  rule charter cities, towns, or counties containing an airport 
  2.23  designated by the commissioner of transportation as an 
  2.24  intermediate airport.  The members must be appointed by the 
  2.25  governor as follows:  one for a term of one year, one for a term 
  2.26  of two years, one for a term of three years, and one for a term 
  2.27  of four years.  All of the terms start on July 1, 1989.  The 
  2.28  successors of each member must be appointed to four-year terms 
  2.29  commencing on the first Monday in January of each fourth year 
  2.30  after the expiration of the original term.  The appointment of 
  2.31  the members is subject to the advice and consent of the senate 
  2.32  as provided by section 15.066.  Before making an appointment, 
  2.33  the governor shall consult each member of the legislature 
  2.34  representing the municipality or county from which the member is 
  2.35  to be appointed, to solicit the legislator's recommendation on 
  2.36  the appointment; and 
  3.1      (4) (3) a chair appointed by the governor for a term of 
  3.2   four years.  The chair may be removed who serves at the pleasure 
  3.3   of the governor for a term ending with the term of the governor. 
  3.4   The appointment of the chair is subject to the advice and 
  3.5   consent of the senate as provided by section 15.066. 
  3.6      Sec. 3.  Minnesota Statutes 2002, section 473.604, 
  3.7   subdivision 2, is amended to read: 
  3.8      Subd. 2.  [TERMS OF OFFICE.] Each mayor, or any voter 
  3.9   appointed by the mayor instead, shall serve as a commissioner 
  3.10  for the term of office of such mayor.  The members appointed 
  3.11  under subdivision 1 serve at the pleasure of the governor and, 
  3.12  except as provided in subdivision 2a, serve for a term ending 
  3.13  with the term of the governor.  The office of any a commissioner 
  3.14  who is also a member of a city council or board shall become 
  3.15  vacant when for any reason the commissioner ceases to hold the 
  3.16  city office to which elected, and the office of any a 
  3.17  commissioner shall become vacant upon the occurrence of any 
  3.18  event referred to in section 351.02.  Except as provided in the 
  3.19  preceding sentences of this subdivision and subdivision 2a, each 
  3.20  a commissioner shall serve until a successor is duly appointed 
  3.21  and has qualified.  Any vacancy in the office of a commissioner 
  3.22  shall immediately be filled for the unexpired term, and in such 
  3.23  case, or when the term of a commissioner expires, a successor 
  3.24  shall be chosen in the same manner as was the predecessor, and 
  3.25  the appointment shall be evidenced in the same manner.  
  3.26     Sec. 4.  Minnesota Statutes 2002, section 473.604, is 
  3.27  amended by adding a subdivision to read: 
  3.28     Subd. 2a.  [REAPPORTIONMENT.] The terms of the members 
  3.29  appointed under subdivision 1, clause (2), end on the effective 
  3.30  date of the redistricting of the districts of the metropolitan 
  3.31  council, as provided by section 473.123, subdivision 3a.  Within 
  3.32  60 days after a redistricting plan takes effect, the governor 
  3.33  must appoint new members to the commission from the newly drawn 
  3.34  districts to serve terms as provided in subdivision 2. 
  3.35     Sec. 5.  Minnesota Statutes 2002, section 473.621, 
  3.36  subdivision 6, is amended to read: 
  4.1      Subd. 6.  [CAPITAL PROJECTS; REVIEW.] All Minneapolis-St. 
  4.2   Paul International Airport capital projects of the commission 
  4.3   requiring the expenditure of more than $5,000,000 shall be 
  4.4   submitted to the metropolitan council appropriate standing 
  4.5   committees of the Minnesota house of representatives and senate 
  4.6   for review.  All other capital projects of the commission 
  4.7   requiring the expenditure of more than $2,000,000 shall be 
  4.8   submitted to the metropolitan council appropriate standing 
  4.9   committees of the Minnesota house of representatives and senate 
  4.10  for review.  No such project that has a significant effect on 
  4.11  the orderly and economic development of the metropolitan area 
  4.12  may be commenced without the specific approval of the 
  4.13  metropolitan council in a law.  In addition to any other 
  4.14  criteria applied by the metropolitan council in reviewing a 
  4.15  proposed project, the council shall not approve a proposed 
  4.16  project unless the council finds that the commission has 
  4.17  completed a process intended to provide affected municipalities 
  4.18  the opportunity for discussion and public participation in the 
  4.19  commission's decision-making process.  An "affected 
  4.20  municipality" is any municipality that (1) is adjacent to a 
  4.21  commission airport, (2) is within the noise zone of a commission 
  4.22  airport, as defined in the metropolitan development guide, or 
  4.23  (3) has notified the commission's secretary that it considers 
  4.24  itself an "affected municipality."  The council must at a 
  4.25  minimum determine that the commission: 
  4.26     (a) provided adequate and timely notice of the proposed 
  4.27  project to each affected municipality; 
  4.28     (b) provided to each affected municipality a complete 
  4.29  description of the proposed project; 
  4.30     (c) provided to each affected municipality notices, 
  4.31  agendas, and meeting minutes of all commission meetings, 
  4.32  including advisory committee meetings, at which the proposed 
  4.33  project was to be discussed or voted on in order to provide the 
  4.34  municipalities the opportunity to solicit public comment and 
  4.35  participate in the project development on an ongoing basis; and 
  4.36     (d) considered the comments of each affected municipality. 
  5.1      Sec. 6.  [EFFECTIVE DATE.] 
  5.2      Sections 1 to 5 are effective the day following final 
  5.3   enactment and apply to all appointments to the metropolitan 
  5.4   airports commission on or after that date.