SF 1490

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2017 11:15am

A bill for an act
relating to the Metropolitan Council; modifying governance of the Metropolitan
Council; amending Minnesota Statutes 2016, sections 473.123; 473.146, subdivision
4; 473.857, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 473.123, is amended to read:

473.123 METROPOLITAN COUNCIL.

Subdivision 1.

Creation new text begin ; membership new text end .

new text begin (a) new text end 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 17 deleted text end new text begin 27 new text end members, all of whom shall
be residents of the metropolitan area deleted text begin . deleted text end new text begin and appointed as follows:
new text end

new text begin (1) a county commissioner from each metropolitan county, appointed by the respective
county boards;
new text end

new text begin (2) a local elected official appointed from each Metropolitan Council district by the
municipal committee for the council district established in subdivision 2b;
new text end

new text begin (3) the commissioner of transportation or the commissioner's designee; and
new text end

new text begin (4) one person to represent nonmotorized transportation, freight transportation, and
public transit, appointed by the commissioner of transportation.
new text end

new text begin (b) The local elected offices identified in paragraph (a) are compatible with the office
of a Metropolitan Council member.
new text end

new text begin (c) Notwithstanding any change to the definition of the metropolitan area in section
473.121, subdivision 2, the jurisdiction of the Metropolitan Council is limited to the
seven-county metropolitan area.
new text end

Subd. 2a.

Terms.

new text begin (a) new text end Following each apportionment of council districts, as provided
under subdivision 3a, deleted text begin 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. deleted text end new text begin the municipal committee for each council district shall appoint a local elected
official who resides in the district to serve on the Metropolitan Council for a two-year term.
A member's position on the Metropolitan Council becomes vacant if the member ceases to
be a local elected official or as provided in chapter 351, and any vacancy must be filled as
soon as practicable for the unexpired term in the same manner as the appointment for a
regular term. new text end 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 deleted text begin governor appoints 16 council members, one deleted text end new text begin municipal
committee for the council district appoints a member new text end from deleted text begin each of deleted text end the newly drawn council
deleted text begin districts deleted text end new text begin district new text end 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.

new text begin (b) A county commissioner appointed to the Metropolitan Council shall serve a two-year
term. In addition to the provisions in chapter 351, if a member appointed under this paragraph
ceases to be a county commissioner, the council position becomes vacant. A vacancy must
be filled as soon as practicable for the unexpired term in the same manner as the appointment
for a regular term.
new text end

new text begin (c) An individual appointed by the commissioner of transportation under subdivision 1
serves at the pleasure of the appointing authority.
new text end

new text begin Subd. 2b. new text end

new text begin Municipal committee in each council district. new text end

new text begin The governing body of each
home rule charter or statutory city and town in each Metropolitan Council district shall
appoint a member to serve on a municipal committee for the council district. If a city or
town is in more than one council district, the governing body must appoint a member to
serve on each council district's municipal committee. A member appointed to a council
district's municipal committee must reside in the council district. In addition to appointing
a municipal committee member to serve as a member of the Metropolitan Council as provided
in subdivision 2a, the municipal committee must meet at least quarterly to discuss issues
relating to the Metropolitan Council.
new text end

Subd. 3.

deleted text begin Membership; appointment; qualifications deleted text end new text begin Compensation new text end .

(a) deleted text begin 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. deleted text end new text begin In addition to any compensation as a local
elected official, the council shall pay each member of the council other than the chair or the
commissioner of transportation, or the commissioner's designee, $20,000 per year plus
reimbursement of actual and necessary expenses as approved by the council. The
commissioner of transportation is not eligible for compensation under this subdivision but
may be reimbursed for actual and necessary expenses.
new text end

(b) deleted text begin 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. deleted text end new text begin
In addition to any compensation as a local elected official, the council shall pay the chair
$40,000 per year plus reimbursement of actual and necessary expenses as approved by the
council.
new text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (e) Appointments to the council are subject to the advice and consent of the senate as
provided in section 15.066.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (g) Members of the council must be persons knowledgeable about urban and metropolitan
affairs.
deleted text end

deleted text begin (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.
deleted text end

Subd. 3a.

Redistricting.

The legislature shall redraw the boundaries of the council
districts 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 deleted text begin governor deleted text end new text begin municipal committees new text end shall appoint
members from the newly drawn districts to serve terms as provided under subdivision 2a.

Subd. 3e.

District boundaries.

Metropolitan Council plan MC2013-1A, on file with
the Geographical Information Systems Office of the Legislative Coordinating Commission
and published on its Web site on April 9, 2013, is adopted and constitutes the redistricting
plan required by subdivision 3a. The boundaries of each Metropolitan Council district are
as described in that plan.

Subd. 4.

Chair; appointment, officers, selection; duties and compensation.

(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 15.066 deleted text end new text begin and from among the members of the Metropolitan Council to
serve a term determined by the council new 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.

(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 council member's
district. 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.

Subd. 8.

General counsel.

The council may appoint a general counsel to serve at the
pleasure of the council.

new text begin Subd. 9. new text end

new text begin Authority to vote; quorum; votes required for action. new text end

new text begin (a) The members
appointed by the counties and municipal committees may vote on all matters before the
council. The commissioner of transportation or the commissioner's designee and the three
members appointed by the commissioner may vote only on matters in which the council is
acting as the metropolitan planning organization for the region as provided in section
473.146.
new text end

new text begin (b) A quorum is a majority of the members permitted to vote on a matter.
new text end

new text begin (c) If a quorum is present, the council may adopt its levy only if at least 60 percent of
the members present vote in favor of the levy.
new text end

new text begin (d) If a quorum is present, the council may adopt a metropolitan system plan or plan
amendment only if at least 60 percent of the members present vote in favor of its adoption.
new text end

new text begin (e) Except as provided in paragraphs (c) and (d), if a quorum is present, the council may
act on a majority vote of the members present.
new text end

new text begin EFFECTIVE DATE; TRANSITION; APPLICATION. new text end

new text begin (a) Except as provided in
paragraph (b), this section is effective January 1, 2018, and applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. Metropolitan Council members
serving on the effective date of this section shall continue to serve until members are
appointed from districts by the municipal committees as provided in this section.
new text end

new text begin (b) Subdivision 1, paragraph (b), and subdivision 2b, are effective the day following
final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 473.146, subdivision 4, is amended to read:

Subd. 4.

Transportation planning.

deleted text begin (a) deleted text end The Metropolitan Council is the designated
planning agency for any long-range comprehensive transportation planning required by
section 134 of the Federal Highway Act of 1962, Section 4 of Urban Mass Transportation
Act of 1964 and Section 112 of Federal Aid Highway Act of 1973 and other federal
transportation laws. The council shall assure administration and coordination of transportation
planning with appropriate state, regional and other agencies, counties, and municipalities.

deleted text begin (b) The council shall establish an advisory body consisting of citizens and representatives
of municipalities, counties, and state agencies in fulfillment of the planning responsibilities
of the council. The membership of the advisory body must consist of:
deleted text end

deleted text begin (1) the commissioner of transportation or the commissioner's designee;
deleted text end

deleted text begin (2) the commissioner of the Pollution Control Agency or the commissioner's designee;
deleted text end

deleted text begin (3) one member of the Metropolitan Airports Commission appointed by the commission;
deleted text end

deleted text begin (4) one person appointed by the council to represent nonmotorized transportation;
deleted text end

deleted text begin (5) one person appointed by the commissioner of transportation to represent the freight
transportation industry;
deleted text end

deleted text begin (6) two persons appointed by the council to represent public transit;
deleted text end

deleted text begin (7) ten elected officials of cities within the metropolitan area, including one representative
from each first-class city, appointed by the Association of Metropolitan Municipalities;
deleted text end

deleted text begin (8) one member of the county board of each county in the seven-county metropolitan
area, appointed by the respective county boards;
deleted text end

deleted text begin (9) eight citizens appointed by the council, one from each council precinct;
deleted text end

deleted text begin (10) one elected official from a city participating in the replacement service program
under section 473.388, appointed by the Suburban Transit Association; and
deleted text end

deleted text begin (11) one member of the council, appointed by the council.
deleted text end

deleted text begin (c) The council shall appoint a chair from among the members of the advisory body.
deleted text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective January 1, 2018, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 3.

Minnesota Statutes 2016, section 473.857, subdivision 2, is amended to read:

Subd. 2.

Within 60 days; report.

A hearing shall be conducted within 60 days after the
request, provided that the advisory committee or the administrative law judge shall
consolidate hearings on related requests. The 60-day period within which the hearing shall
be conducted may be extended or suspended by mutual agreement of the council and the
local governmental unit. The hearing shall not consider the need for deleted text begin or reasonableness of deleted text end
the metropolitan system plans or parts thereof. The hearing shall afford all interested persons
an opportunity to testify and present evidence. The advisory committee or administrative
law judge may employ the appropriate technical and professional services of the office of
dispute resolution for the purpose of evaluating disputes of fact. The proceedings shall not
be deemed a contested case. Within 30 days after the hearing, the advisory committee or
the administrative law judge shall report to the council respecting the proposed amendments
to the system statements. The report shall contain findings of fact, conclusions, and
recommendations and shall apportion the costs of the proceedings among the parties.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end