1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/08/2017 12:40pm
Engrossments | ||
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Introduction | Posted on 02/06/2017 | |
1st Engrossment | Posted on 03/06/2017 |
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2016, section 473.123, is amended to read:
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 17deleted text end new text begin 27new text end members, all of whom shall
be residents of the metropolitan areanew text begin and appointed as follows:
new text end
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(1) a county commissioner from each metropolitan county, appointed by the respective
county boards;
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(2) a local elected official appointed from each Metropolitan Council district by the
municipal committee for the council district established in this section;
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(3) the commissioner of transportation or the commissioner's designee; and
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new text begin (4) one person to represent nonmotorized transportation, one person to represent freight
transportation, and one person to represent public transit, each appointed by the commissioner
of transportationnew text end .
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(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 (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 each municipal committee for the 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, onedeleted text end new text begin municipal
committee for the council district appoints a membernew text end from deleted text begin each ofdeleted text end the newly drawn council
deleted text begin districtsdeleted text end new text begin districtnew 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.
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(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.
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(c) Persons appointed by the commissioner of transportation under subdivision 1 serve
at the pleasure of the appointing authority.
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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. The member appointed to a 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
(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.
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(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.
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(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.
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(e) Appointments to the council are subject to the advice and consent of the senate as
provided in section 15.066.
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(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.
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(g) Members of the council must be persons knowledgeable about urban and metropolitan
affairs.
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(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
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 governordeleted text end new text begin municipal committeesnew text end shall appoint
members from the newly drawn districts to serve terms as provided under subdivision 2a.
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.
(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 15.066deleted text end new text begin and from among the members of the Metropolitan Council to
serve a term determined by the councilnew 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.
The council may appoint a general counsel to serve at the
pleasure of the council.
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(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.
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(b) A quorum is a majority of the members permitted to vote on a matter.
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(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.
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(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.
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(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.
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(a) Except as provided in
paragraph (b), this section is effective January 1, 2019, 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.
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(b) Subdivision 2b is effective the day following final enactment.
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Minnesota Statutes 2016, section 473.146, subdivision 4, is amended to read:
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.
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(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:
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(1) the commissioner of transportation or the commissioner's designee;
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(2) the commissioner of the Pollution Control Agency or the commissioner's designee;
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(3) one member of the Metropolitan Airports Commission appointed by the commission;
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(4) one person appointed by the council to represent nonmotorized transportation;
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(5) one person appointed by the commissioner of transportation to represent the freight
transportation industry;
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(6) two persons appointed by the council to represent public transit;
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(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;
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(8) one member of the county board of each county in the seven-county metropolitan
area, appointed by the respective county boards;
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(9) eight citizens appointed by the council, one from each council precinct;
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(10) one elected official from a city participating in the replacement service program
under section 473.388, appointed by the Suburban Transit Association; and
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(11) one member of the council, appointed by the council.
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(c) The council shall appoint a chair from among the members of the advisory body.
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This section is effective January 1, 2019, and
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
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