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Minnesota Legislature

Office of the Revisor of Statutes

SF 47

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/15/2019 08:59am

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

Current Version - 1st Engrossment

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A bill for an act
relating to the Metropolitan Council; requiring local approval of gubernatorial
appointees to the Metropolitan Council; providing a method for local governments
to remove a member of the Metropolitan Council;amending Minnesota Statutes
2018, section 473.123, subdivisions 3, 4.

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

Section 1.

Minnesota Statutes 2018, 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. Each council district must be represented by one
member of the council.

(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. The notices must describe the
appointments process and invite participation and recommendations on the appointment.

(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.

(d) deleted text beginBefore making an appointmentdeleted text endnew text begin After receiving the list of nominees from the
nominating committee and prior to selecting a nominee
new text end, the governor shall consult with all
members of the legislature from the council district for which the member is to be appointed.

(e) deleted text beginAppointments to the council are subject to the advice and consent of the senate as
provided in section 15.066
deleted text endnew text begin After the governor selects a nominee, the governor must provide
written notice of the name of the nominee to each local government in the district that
received written notice pursuant to paragraph (b). The governing body of each local
government in the district has 90 days from the date of the notice to consider the nominee
and pass a resolution in support of or in opposition to the nominee. A copy of the resolution
must be transmitted to the governor within 90 days from the date of the notice. A local
government that does not pass a resolution shall be deemed to oppose the nominee. After
the 90-day period expires for each local government in the district, if a majority of local
governments have passed resolutions in support of the nominee, the governor shall submit
the nominee for advice and consent of the senate as provided in section 15.066. If a majority
of local governments in the district have not passed resolutions in support of the nominee
when the 90-day period expires for each local government, the governor shall select another
nominee or request the nominating committee to submit a new list of nominees. After each
redistricting, the Geographical Information Systems Office of the Legislative Coordinating
Commission must create a list of all local governments wholly or partially located in each
district
new text end.

(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.

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

(h) Any vacancy in the office of a council member shall immediately be filled for the
unexpired term. In filling a vacancy, the governor deleted text beginmay 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 endnew text begin shall follow the appointment process provided
in this subdivision
new text end.

new text begin (i) A council member may be removed by the majority of local governments in the
member's district by submitting resolutions to the chair of the council as provided by this
paragraph. The governing body of a local government may, at any time, adopt a resolution
stating that the governing body is seeking to remove the council member representing the
district. The local government must transmit the resolution to the chair of the council. Within
ten days of receiving the resolution, the chair must transmit to each local government in the
district a copy of the resolution and a notice that states that the council member will be
removed from office if the chair receives, within 90 days of the date of the notice, resolutions
from a majority of local governments in the district requesting removal of the council
member. Within 30 days after the expiration of the 90-day period, the chair shall determine
if a majority of local governments in the district have submitted resolutions requesting
removal of the member. If so, the member must be immediately removed from office and
the resulting vacancy shall be filled in the manner prescribed by paragraph (h). This paragraph
does not apply to the chair.
new text end

new text begin (j) For purposes of this subdivision, "local government" means a home rule charter or
statutory city, or town.
new text end

Sec. 2.

Minnesota Statutes 2018, section 473.123, subdivision 4, is amended to read:


Subd. 4.

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

(a) The
chair of the Metropolitan Council shall be appointed by 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.new text begin No local government approval is required to confirm the chair.
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.

Sec. 3. new text beginEFFECTIVE DATE; APPLICATION.
new text end

new text begin This act is effective the day following final enactment. This act does not apply to members
that have been appointed and confirmed prior to the effective date. This act applies to the
appointment and confirmation of any member on or after the effective date. For individuals
that have been appointed by the governor but not confirmed by the senate on the effective
date, the 90-day period described in Minnesota Statutes, section 473.123, subdivision 3,
paragraph (e), starts on the effective date. This section applies in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end