HF 2467

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/01/2016 10:28am

A bill for an act
relating to the Metropolitan Council; modifying membership and terms of the
Metropolitan Council; creating the Blue Ribbon Commission on the Metropolitan
Council; providing appointments; appropriating money; amending Minnesota
Statutes 2014, section 473.123, subdivisions 2a, 3.

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.

new text begin (a) new text end 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. deleted text begin 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. deleted text end The terms of members deleted text begin end with the term of the governor deleted text end new text begin are staggered as
follows: members representing districts one to four have terms ending the first Monday
in January of the year ending in the numeral "4"; members representing districts five to
eight have terms ending the first Monday in January of the year ending in the numeral
"5"; members representing districts nine to 12 have terms ending the first Monday in
January of the year ending in the numeral "6"; and members representing districts 13 to
16 have terms ending the first Monday in January of the year ending in the numeral "7."
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 begin A 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 (b) A person cannot serve more than 12 years, whether or not consecutive, as a
member of the Metropolitan Council.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin 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. 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. The first members appointed on or after January 1,
2019, from districts one to four shall serve terms ending the first Monday in January 2020;
the first members appointed after January 1, 2019, from districts five to eight shall serve
terms ending the first Monday in January 2021; the first members appointed after January
1, 2019, from districts nine to 12 shall serve terms ending the first Monday in January
2022; and the first members appointed after January 1, 2019, from districts 13 to 16 shall
serve terms ending the first Monday in January 2023. 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. Each council district must be represented
by one member of the council. new text begin Each Metropolitan Council member must be an elected city
council member or mayor, or county commissioner. A Metropolitan Council member's
office becomes vacant if the person appointed to that position ceases to be an elected city
council member or mayor, or county commissioner.
new 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. The notices must
describe the appointments process and invite participation and recommendations on the
appointment. new text begin The notice must refer persons to find more information on the Web site of
the council and other appropriate entities. The notice or the information on the Web sites
must include a description of the work of the council, the skills and knowledge needed
by council members, and the time commitment if appointed to the council, including
attending meetings throughout the member's district during the day and at night.
new text end

(c) deleted text begin The governor shall create a nominating committee, composed deleted text end new text begin A committee new text end of
deleted text begin seven deleted text end new text begin 13 new text end metropolitan citizens deleted text begin appointed by the governor, to deleted text end new text begin shall new text end nominate persons for
appointment to the council from districts. deleted text begin Three deleted text end new text begin Six new text end of the committee members must be
local elected officials new text begin appointed by the Association of Metropolitan Municipalities. Seven
members must be county commissioners, one appointed from each metropolitan county by
the respective county boards 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 new text begin other new text end 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 new text begin up to three new text end nominees for each appointment. new text begin The list of nominees must be posted
on the council's Web site, and may be made public by any other means that the nominating
committee chooses, at least 14 days before the governor makes any appointments. new text end The
governor is not required to appoint from the list.

(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.

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

(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 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, 2019, and applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 3. new text begin BLUE RIBBON COMMISSION ON THE METROPOLITAN COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Blue Ribbon Commission on the Metropolitan Council
established. new text end

new text begin The Blue Ribbon Commission on the Metropolitan Council is established
to study the needs of the region and make recommendations to the legislature and the
governor on the powers, duties, functions, and responsibilities that the Metropolitan
Council should have, the appropriate relationship the Metropolitan Council should have
with metropolitan area local governments, and the appropriate governance structure to
support and enhance those powers, duties, functions, and relationships.
new text end

new text begin Subd. 2. new text end

new text begin Authority; duties. new text end

new text begin (a) Among any other topics that the commission
determines are useful for informing the commission's understanding and recommendations
for the Metropolitan Council's powers, duties, functions, and relationships, the commission
shall study:
new text end

new text begin (1) the history and development of regional government in the metropolitan area;
new text end

new text begin (2) goals of local and regional government, whether they are appropriate goals, and
obstacles to achieving those goals;
new text end

new text begin (3) how to ensure adequate and appropriate accountability of the council to the
region and to the constituent local governments and residents of the region; and
new text end

new text begin (4) whether long-term regional planning is compatible with operation of major
regional systems.
new text end

new text begin (b) The commission shall conduct meetings and hearings to gather information
and analysis.
new text end

new text begin (c) The commission shall consult with all interested parties, including but not
limited to:
new text end

new text begin (1) local elected officials and staff of metropolitan area cities, counties, and towns;
new text end

new text begin (2) the Metropolitan Council;
new text end

new text begin (3) state agencies that coordinate planning or services with or issue permits to the
Metropolitan Council;
new text end

new text begin (4) academics with expertise and interest in regional government models and
local-regional government relations;
new text end

new text begin (5) former chairs of the Metropolitan Council; and
new text end

new text begin (6) other former state or regional officials with experience with and interest in
regional government and local-regional relations.
new text end

new text begin (d) The commission shall report the results of its study to the chairs and ranking
minority members of the legislative committees with jurisdiction over the Metropolitan
Council and to the governor by March 15, 2017. The report may be in the form of
proposed legislation.
new text end

new text begin Subd. 3. new text end

new text begin Members. new text end

new text begin The commission shall consist of the following members:
new text end

new text begin (1) three state representatives appointed by the speaker of the house, at least one
each from the majority and minority caucuses;
new text end

new text begin (2) three state senators appointed by the senate Subcommittee on Committees of
the Committee on Rules and Administration, at least one each from the majority and
minority caucuses;
new text end

new text begin (3) seven public members, one from each of the metropolitan counties, who may be
but are not required to be local elected officials; three must be appointed by the senate
Subcommittee on Committees of the Committee on Rules and Administration, three must
be appointed by the speaker of the house, and one must be appointed by the governor.
Appointments under this clause must be made as provided in Minnesota Statutes, section
15.0597. Appointing authorities are encouraged to consult with each other in making
their respective appointments in order to ensure that appointees represent the diverse
economic, social, and racial population of the metropolitan area, have diverse interests in
and experience with local and regional government, and have diverse relevant expertise.
new text end

new text begin Appointments must be made as soon as practicable after the effective date of this section.
new text end

new text begin Subd. 4. new text end

new text begin Chairs. new text end

new text begin The legislative appointing authorities shall each designate a
legislative appointee to serve as cochair of the commission.
new text end

new text begin Subd. 5. new text end

new text begin Meetings; staff. new text end

new text begin Meetings of the commission are subject to Minnesota
Statutes, chapter 13D. The Legislative Coordinating Commission shall provide
administrative support to the commission, including posting meeting notices on the
legislative Web site. Legislative staff, the Metropolitan Council, and state agencies shall
provide assistance when requested by the commission. The Legislative Coordinating
Commission may accept gifts, as provided in Minnesota Statutes, section 3.303, to support
the work of the Blue Ribbon Commission.
new text end

new text begin Subd. 6. new text end

new text begin Compensation; expenses. new text end

new text begin Legislative members of the commission may
be compensated as provided by the respective bodies of the legislature. Public members of
the commission shall not receive compensation, but must be reimbursed for expenses as
provided in Minnesota Statutes, section 15.0575, subdivision 3.
new text end

new text begin Subd. 7. new text end

new text begin Appropriation. new text end

new text begin $....... in fiscal year 2017 is appropriated from the general
fund to the Legislative Coordinating Commission to pay the costs of the commission. This
appropriation is available until June 30, 2018.
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The commission expires June 30, 2017.
new text end

new text begin EFFECTIVE DATE. new text end

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