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SF 2385

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/11/2016 08:46am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to the Metropolitan Council; providing for staggered terms; expanding
the membership of the nomination committee; requiring additional information
to be made publicly available as part of the selection process; clarifying council
member qualifications; requiring new advisory committee; establishing sewer
availability charges stakeholder group; amending Minnesota Statutes 2014,
sections 473.123, subdivisions 2a, 3; 473.127.

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

Section 1.

Minnesota Statutes 2014, section 473.123, subdivision 2a, is amended to read:


Subd. 2a.

Terms.

Following each apportionment of council districts, as provided
under subdivision 3a, 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 deleted text beginend with the term of the governordeleted text endnew text begin are staggered as follows:
members representing an odd-numbered district have terms ending the first Monday in
January of the year ending in the numeral "1" and members representing an even-numbered
district have terms ending the first Monday in January in the year ending in the numeral
"3." Thereafter, the term of each member is four years, with terms ending the first Monday
in January
new text end, except that all terms expire on the effective date of the next apportionment.
deleted text beginA member serves at the pleasure of the governor.deleted 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 governor appoints 16
council members, one from each of the newly drawn council districts 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 EFFECTIVE DATE; APPLICATION; TRANSITION. new text end

new text begin (a) This section is
effective for appointments made on or after January 1, 2019, and applies in the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

new text begin (b) Each member serving on the Metropolitan Council on the effective date of this
section shall continue to serve until the member's successor is appointed and qualified.
Thereafter, subject to Minnesota Statutes, section 473.123, subdivision 3a, the term of
each member is four years, with terms ending the first Monday in January.
new text end

Sec. 2.

Minnesota Statutes 2014, section 473.123, subdivision 3, is amended to read:


Subd. 3.

Membership; appointment; qualifications.

(a) Sixteen members must be
appointed by the governor from districts defined by this section. Each council member
must reside in the council district represented. deleted text beginEach council district must be represented
by
deleted text end One member of the councilnew text begin must represent each council districtnew text end.

(b) 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. new text beginWithin ten days of submitting
notice to the secretary of state as required by section 15.0597, subdivision 4, the notice
must be published and provided to statutory and home rule charter cities, counties, and
towns.
new text endThe notices new text beginrequired by this section new text endmust deleted text begindescribedeleted text end new text begininclude a description of new text endthe
appointments processnew text begin and a detailed position description that includes the required skills,
expected time commitment, and connection to the district;
new text end and new text beginmust new text endinvite participation
and recommendations on the appointment.

(c) The governor shall create a nominating committeedeleted text begin, composed of seven
metropolitan citizens appointed by the governor,
deleted text end to nominate persons for appointment
to the council from districts. deleted text beginThree of the committee members must be local elected
officials.
deleted text endnew text begin The governor must appoint seven members. The Association of Metropolitan
Municipalities must appoint three members to represent cities. The Association of
Minnesota Counties must appoint three members to represent counties.
new text end

new text begin (d)new text end 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 deleted text begina list of
nominees
deleted text end new text beginthree finalists new text endfor each appointment. new text beginThe nominating committee shall publish
the names and qualifications of each of the three finalists in the same newspaper in which
the notice of vacancy was published. The governor must not make an appointment until
the names of the finalists have been public for 14 calendar days.
new text endThe governor is not
required to appoint from the list.

deleted text begin (d)deleted text end new text begin(e) new text endBefore 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 begin (e)deleted text end new text begin(f) new text endAppointments to the council are subject to the advice and consent of the
senate as provided in section 15.066.

deleted text begin (f)deleted text end new text begin(g) new text endMembers of the council must be appointed to reflect fairly the various
demographic, political, and other interests in the metropolitan area and new text begineach of new text endthe districts.

deleted text begin (g)deleted text endnew text begin (h)new text end Members of the council must be persons knowledgeable about urban and
metropolitan affairs.new text begin Members must have relevant experience in areas including, but
not limited to, local government, transportation, housing, environment, and regional
development. Members appointed to the council must be able to meet time commitments
required by the position including attending council meetings, attending community
meetings, and completing other job duties.
new text end

deleted text begin (h)deleted text end new text begin(i) new text endAny 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.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective for appointments
made on or after January 1, 2017, and applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 3.

Minnesota Statutes 2014, section 473.127, is amended to read:


473.127 ADVISORY COMMITTEES.

new text begin Subdivision 1. new text end

new text begin Advisory committees. new text end

The Metropolitan Council may establish
and appoint persons to advisory committees to assist the Metropolitan Council in the
performance of its duties. Members of the advisory committees shall serve without
compensation but shall be reimbursed for their reasonable expenses as determined by
the Metropolitan Council.

new text begin Subd. 2. new text end

new text begin Equity Advisory Committee. new text end

new text begin The Equity Advisory Committee must
assist the Metropolitan Council in looking at ways to reduce concentrations of poverty in
the region and foster increased connections to social and economic opportunities. This
advisory committee must include diverse regional stakeholders. The committee must:
new text end

new text begin (1) create an equity policy plan to reduce concentrations of poverty in the region for
consideration by the full Metropolitan Council;
new text end

new text begin (2) evaluate existing transit routes to ensure the best means to more directly connect
areas of concentrated poverty with job centers and high-growth industry centers; and
new text end

new text begin (3) explore and evaluate strategies that will reduce poverty and its concentration,
increase economic and social opportunities to advance future economic growth, and
mitigate the impact of demographic changes in the region related to aging.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective January 1, 2017,
and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
new text end

Sec. 4. new text beginSEWER AVAILABILITY CHARGES STAKEHOLDER GROUP.
new text end

new text begin The Metropolitan Council must convene a stakeholder group to review and make
recommendations on sewer availability charges for new or expanded outdoor seating
at eating or drinking establishments. The Metropolitan Council must consult with
stakeholders representing the range of users who are served by the Metropolitan Council
Environmental Services wastewater treatment system and are subject to sewer availability
charge determinations. The Metropolitan Council must submit a report to the chair and
ranking minority members of the committees in the house of representatives and the senate
with jurisdiction over the Metropolitan Council by January 25, 2017. The Metropolitan
Council must provide a technical basis for any proposed changes.
new text end