SF 1163

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 members other than county commissioner 
  1.22  members on the board are as provided in section 15.0575.  
  1.23     In proceedings before the board for the incorporation of a 
  1.24  statutory city, consolidation of two or more municipalities, or 
  1.25  annexation of unincorporated land to a municipality, two county 
  2.1   commissioners of the board of the county in which all or a 
  2.2   majority of the affected land is located shall serve on the 
  2.3   board during such time as the board shall have under 
  2.4   consideration said matter.  The executive director of the board 
  2.5   shall upon initiation of a proceeding for such incorporation, 
  2.6   consolidation, or annexation notify the county auditor of the 
  2.7   county in which the majority of the affected property is 
  2.8   situated of the need for the appointment of the two county 
  2.9   commissioners to the board.  At the next succeeding meeting of 
  2.10  the county board the commissioners shall designate the two 
  2.11  appointed and shall thereupon immediately notify the Minnesota 
  2.12  municipal board executive director of their action.  The county 
  2.13  commissioners shall represent districts which do not contain any 
  2.14  of the affected territory.  If commissioners from the unaffected 
  2.15  districts are unavailable, commissioners from the affected 
  2.16  district 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 in 
  2.25  which the board is composed of five members, No order of the 
  2.26  board shall be final unless approved by three of the five 
  2.27  members, and in all other proceedings unless approved 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 paid 
  2.35  $25 per day for each hearing or meeting attended.  The county 
  2.36  auditors and commissioners shall be deemed to be performing 
  3.1   duties for the county without additional compensation when 
  3.2   serving as ex officio members of the board.  Each member of the 
  3.3   board and the county commission members of the board shall be 
  3.4   reimbursed for actual expenses incurred in accordance with state 
  3.5   travel regulations.