Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 305--S.F.No. 164
           An act relating to state government; removing the 
          requirement of senate confirmation for appointment to 
          certain state agencies; limiting terms of certain 
          holdover appointees; formulating a procedure for 
          senate and house confirmations; changing a time 
          requirement for filing a statement of economic 
          interest in certain cases; amending Minnesota Statutes 
          1982, sections 1.33; 3.9223, subdivision 1; 10A.09, 
          subdivisions 1 and 3; 14.48; 15.0575, subdivision 2; 
          15.0597, subdivision 6; 15.06, subdivisions 2 and 5; 
          15.50, subdivision 1; 40.03, subdivision 1; 85A.01, 
          subdivision 1; 105.401, subdivision 1; 115A.05, 
          subdivision 2; 116E.02, subdivision 1; 116J.04; 
          121.82, subdivision 1; 121.844, subdivision 1; 179.72, 
          subdivision 1; 182.664, subdivision 1; 250.05, 
          subdivision 2; 299B.05, subdivision 1; 414.01, 
          subdivision 2; 473.123, subdivision 4; 473.141, 
          subdivision 3; 490.15, subdivision 1; proposing new 
          law coded in Minnesota Statutes, chapter 15; repealing 
          Minnesota Statutes 1982, section 11A.07, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 1.33, is 
amended to read: 
    1.33 [REPRESENTATIVES, SELECTION.] 
    In pursuance of section 1.31 creating the 
Minnesota-Wisconsin boundary area commission, the Minnesota 
representation thereon shall consist of five commissioners 
appointed by the governor, by and with the advice and consent of 
the senate, each for a four year term.  The terms of the 
commissioners shall be staggered.  Vacancies shall be filled by 
appointment by the governor with the advice and consent of the 
senate for the unexpired term. 
    Sec. 2.  Minnesota Statutes 1982, section 3.9223, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MEMBERSHIP.] There is created a state 
council on affairs of Spanish-speaking people to consist of 
seven members appointed by the governor with the advice and 
consent of the senate.  The members of the council shall be 
broadly representative of the Spanish-speaking community of the 
state.  Membership, terms, compensation, removal of members and 
filling of vacancies shall be as provided in Minnesota Statutes, 
Section 15.0575.  The council shall annually elect from its 
membership a chairperson and other officers it deems necessary. 
    Sec. 3.  Minnesota Statutes 1982, section 10A.09, 
subdivision 1, is amended to read: 
    Subdivision 1.  Except for a candidate for elective office 
in the judicial branch, an individual shall file a statement of 
economic interest with the board: 
    (a) Within 60 days of accepting employment as a public 
official; or 
    (b) Within 14 days after filing an affidavit of candidacy 
or petition to appear on the ballot for an elective public 
office; or 
    (c) In the case of a public official requiring the advice 
and consent of the senate, prior to the submission of his name 
to the senate, and in any event, within 60 14 days after he 
undertakes the duties of his office. 
    Sec. 4.  Minnesota Statutes 1982, section 10A.09, 
subdivision 3, is amended to read: 
    Subd. 3.  The board shall notify the secretary of state or 
the appropriate county auditor and, when necessary in the case 
of appointive office, the presiding officer of the house that 
will approve or disapprove the nomination, of the name of the 
individual who has filed a statement of economic interest with 
the board, a copy of the statement, and the date on which the 
statement was filed. 
    Sec. 5.  Minnesota Statutes 1982, section 14.48, is amended 
to read: 
    14.48 [CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS; CHIEF 
HEARING EXAMINER APPOINTED; OTHER HEARING EXAMINERS APPOINTED.] 
    A state office of administrative hearings is created.  The 
office shall be under the direction of a chief hearing examiner, 
who shall be learned in the law and appointed by the governor, 
with the advice and consent of the senate, for a term ending on 
June 30 of the sixth calendar year after appointment.  Senate 
confirmation of the chief hearing examiner shall be as provided 
by section 10.  The chief hearing examiner shall appoint 
additional hearing examiners and compensation judges to serve in 
his office as necessary to fulfill the duties prescribed in 
sections 14.48 to 14.56.  All hearing examiners and compensation 
judges shall be in the classified service except that the chief 
hearing examiner shall be in the unclassified service, but may 
be removed from his position only for cause.  All hearing 
examiners shall have demonstrated knowledge of administrative 
procedures and shall be free of any political or economic 
association that would impair their ability to function 
officially in a fair and objective manner.  All workers' 
compensation judges shall be learned in the law, shall have 
demonstrated knowledge of workers' compensation laws and shall 
be free of any political or economic association that would 
impair their ability to function officially in a fair and 
objective manner.  
    Sec. 6.  Minnesota Statutes 1982, section 15.0575, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP TERMS.] The terms of the members 
shall be four years with the terms ending on the first Monday in 
January.  The appointing authority shall appoint as nearly as 
possible one-fourth of the members to terms expiring each year.  
If the number of members is not evenly divisible by four, the 
greater number of members, as necessary, shall be appointed to 
terms expiring in the year of commencement of the governor's 
term and the year or years immediately thereafter.  If the 
membership is composed of categories of members from 
occupations, industries, political subdivisions, the public or 
other groupings of persons, and if the categories have two or 
more members each, the appointing authority shall appoint as 
nearly as possible one-fourth of the members in each category at 
each appointment date.  Members may serve until their successors 
are appointed and qualify.  If the appointing authority fails to 
appoint a successor by July 1 of the year in which a term 
expires, the term of the member for whom a successor has not 
been appointed shall extend, subject to the advice and consent 
of the senate if the member was appointed by the governor, until 
the first Monday in January four years after the scheduled end 
of the original term but in no case later than July 1 in a year 
in which a term expires unless reappointed. 
    Sec. 7.  Minnesota Statutes 1982, section 15.0597, 
subdivision 6, is amended to read: 
    Subd. 6.  [APPOINTMENTS.] In making an appointment to a 
vacant agency position, the appointing authority shall consider 
applications for positions in that agency supplied by the 
secretary.  No appointing authority may appoint someone to a 
vacant agency position until (1) ten days after receipt of the 
applications for positions in that agency from the secretary or 
(2) receipt of notice from the secretary that no applications 
have been received for vacant positions in that agency.  At 
least five days before the date of appointment, the appointing 
authority shall issue a public announcement and inform the 
secretary in writing of the name of the person the appointing 
authority intends to appoint to fill the agency vacancy and the 
expiration date of that person's term.  If the appointing 
authority intends to appoint a person other than one for whom an 
application was submitted pursuant to this section, the 
appointing authority shall complete an application form on 
behalf of the appointee and submit it to the secretary 
indicating on the application that it is submitted by the 
appointing authority.  If the appointment requires the advice 
and consent of the senate, the secretary shall, prior to 
consideration by the senate of the appointment, supply the 
president of the senate with a copy of the application, together 
with a copy of any documents which the appointee is required by 
virtue of his appointment to submit to the ethical practices 
board.  With respect to the ethical practices board, the 
secretary shall also submit a copy of the application and 
documents to the speaker of the house of representatives prior 
to consideration of the appointment by the house of 
representatives.  
    Sec. 8.  Minnesota Statutes 1982, section 15.06, 
subdivision 2, is amended to read: 
    Subd. 2.  [TERM OF OFFICE; SUCCESSOR.] The term of a 
commissioner shall end with the term of the office of governor.  
If the appointing authority is the governor, the term shall end 
on the date the governor who appointed the commissioner vacates 
his office.  The appointing authority shall submit to the 
president of the senate the name of an appointee as permanent 
commissioner as provided by section 10, subdivision 2, within 45 
legislative days after the end of the term of a commissioner and 
within 45 legislative days after the occurrence of a vacancy.  
The appointee shall take office as permanent commissioner when 
the senate notifies the appointing authority that it has 
consented to the appointment.  A commissioner shall serve at the 
pleasure of the appointing authority.  Effective on and after 
July 1, 1987, a commissioner may only be removed for cause after 
notice and hearing.  
    Sec. 9.  Minnesota Statutes 1982, section 15.06, 
subdivision 5, is amended to read: 
    Subd. 5.  [EFFECT OF DESIGNATION OF ACTING OR TEMPORARY 
COMMISSIONER.] A person who is designated commissioner, acting 
commissioner or temporary commissioner pursuant to subdivisions 
3 or 4 shall immediately have all the powers and emoluments and 
perform all the duties of the office.  A person who is 
designated permanent commissioner shall have all the powers and 
may perform all the duties of the office upon receipt of the 
letter of appointment by the president of the senate pursuant to 
section 10.  Upon the appointment of a permanent commissioner or 
acting commissioner to succeed any other acting or temporary 
commissioner, the subsequent appointee shall immediately take 
the place of any other acting or temporary commissioner.  No 
person shall serve as a permanent commissioner or acting 
commissioner after the senate has voted to refuse to consent to 
his appointment as permanent commissioner.  Notice of the 
designation of a commissioner or acting commissioner, or the 
assumption of office by a temporary commissioner, shall be filed 
with the president of the senate and the speaker of the house 
with a copy delivered to the secretary of state and published in 
the next available edition of the state register. 
    Sec. 10.  [15.066] [CONFIRMATION OF APPOINTMENTS.] 
    Subdivision 1.  [APPLICABILITY.] This section applies to 
all appointments which by statute require the advice and consent 
of the senate.  For the purpose of this section, the term 
"agency" includes state departments, boards, committees, 
councils, commissions, authorities, and advisory task forces 
created by statute.  
    Subd. 2.  [PROCEDURE.] In all appointments to state 
agencies which require the advice and consent of the senate, the 
following procedure shall apply:  
    (a) The appointing authority shall provide to the president 
of the senate a letter of appointment which shall include the 
position title to which the appointment is being made; the name, 
street address, city and county of the appointee; and the term 
of the appointment;  
    (b) For those positions for which a statement of economic 
interest is required to be filed by section 10A.09, the 
appointing authority shall give the notice to the ethical 
practices board required by section 10A.09, subdivision 2, at 
the time the letter of appointment is directed to the president 
of the senate;  
    (c) If the appointment is subject to the open appointments 
program provided by section 15.0597, the appointing authority 
shall provide the senate with a copy of the application provided 
by section 15.0597, at the time the letter of appointment is 
directed to the president of the senate; and 
    (d) The appointment shall be effective and the appointee 
may commence to exercise the duties of the office upon the 
receipt of the letter of appointment by the president of the 
senate.  
    Sec. 11.  Minnesota Statutes 1982, section 15.50, 
subdivision 1, is amended to read: 
    Subdivision 1.  (a) The legislature finds that the purposes 
of the board are to (1) preserve and enhance the dignity, beauty 
and architectural integrity of the capitol, the buildings 
immediately adjacent to it, the capitol grounds, and the capitol 
area; (2) protect, enhance, and increase the open spaces within 
the capitol area when deemed necessary and desirable for the 
improvement of the public enjoyment thereof; (3) develop proper 
approaches to the capitol area for pedestrian movement, the 
highway system, and mass transit system so that the area 
achieves its maximum importance and accessibility; and (4) 
establish a flexible framework for growth of the capitol 
buildings which will be in keeping with the spirit of the 
original design. 
    (b) The capitol area architectural and planning board, 
herein referred to as the board, consists of ten members.  The 
lieutenant governor shall be a member of the board.  Four 
members shall be appointed by the governor by and with the 
advice and consent of the senate; three members, one of whom 
shall be a resident of the district planning council area 
containing the capitol area, shall be appointed by the mayor of 
the city of Saint Paul, with the advice and consent of the city 
council.  The speaker of the house shall appoint a member of the 
house of representatives and the president of the senate shall 
appoint one senator to be members of the board.  Each person 
appointed to the board shall qualify by taking the oath of 
office. 
    (c) The lieutenant governor is the chairman of the board.  
The attorney general is the legal advisor to the board.  The 
board may elect a vice-chairman who may preside at meetings in 
the absence of the lieutenant governor and such other officers 
as it may deem necessary to carry out its duties. 
    (d) The board shall select an executive secretary to serve 
the board.  It may employ such other officers and employees as 
it may deem necessary all of whom shall be in the classified 
service of the state civil service.  The board may contract for 
professional and other similar service on such terms as it may 
deem desirable. 
    Sec. 12.  Minnesota Statutes 1982, section 40.03, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MEMBERS.] There is hereby established, to 
serve as an agency within the department of natural resources 
and to perform the functions conferred upon it in this chapter, 
the state soil and water conservation board to be composed of 12 
members, seven of whom shall be elected supervisors and the 
following five ex-officio members:  The director of the 
agricultural extension service of the University of Minnesota; 
the dean of the Institute of Agriculture of the University of 
Minnesota; the director of the pollution control agency; the 
commissioner of agriculture; and the commissioner of natural 
resources.  Each ex-officio member may designate a person within 
his organization to act in his stead as a member of the state 
board, with all his rights and privileges.  The designation 
shall be filed with the secretary of state.  The state board 
shall invite the state conservationist of the United States soil 
conservation service to serve as an advisory member.  The state 
board may also invite a representative of the state association 
of soil and water conservation districts, the association of 
Minnesota counties, the league of Minnesota cities and any other 
organizations and appropriate agencies deemed necessary to serve 
as advisory members.  The seven members of the state board who 
are elected supervisors shall be appointed by the governor with 
the advice and consent of the senate.  In making these 
appointments the governor may consider persons recommended by 
the state association of soil and water conservation district.  
One member shall be appointed from each department of natural 
resources region except that two members shall be appointed from 
region number one soil and water conservation board 
administrative region. 
    Sec. 13.  Minnesota Statutes 1982, section 85A.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  The Minnesota zoological garden is hereby 
established under the supervision and control of the state 
zoological board which is hereby created.  The board shall 
consist of 11 members appointed by the governor with the advice 
and consent of the senate.  In consultation with the Dakota 
county board the governor shall appoint as a twelfth member of 
the zoo board a resident of Dakota county who shall not vote and 
who may be a member of the county board. 
    Sec. 14.  Minnesota Statutes 1982, section 105.401, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MEMBERSHIP, OFFICERS, STAFF.] There is 
created in the executive branch of the state government a water 
planning board.  The members of the board are:  (1) the 
commissioner of natural resources; (2) the commissioner of 
health; (3) the director of the pollution control agency; (4) 
the commissioner of agriculture; (5) the chairman of the state 
soil and water conservation board, or their designees; and (6) 
three citizen members with experience in and knowledge of water 
management issues appointed by the governor with the advice and 
consent of the senate.  The citizen members shall not be 
considered public officers of the state for the purposes of 
section 112.37, subdivision 1.  The governor shall appoint the 
chairperson of the board, with the advice and consent of the 
senate to serve at the pleasure of the governor for a four year 
term coterminous with the term of the governor.  The chairperson 
shall not be a representative of the state agencies listed, but 
shall be the ninth member of the board and also shall represent 
the governor on the federal-state river basin commissions.  The 
membership term and compensation of the citizen members shall be 
as provided by section 15.0575.  The board shall supersede and 
replace the Minnesota water resources council created by 
executive order of the governor. 
    The board shall keep a record of its official actions, and 
may perform such acts, hold such public hearings, and promulgate 
such rules and regulations as may be necessary for the discharge 
of its duties and the exercise of its functions. 
    Sec. 15.  Minnesota Statutes 1982, section 115A.05, 
subdivision 2, is amended to read: 
    Subd. 2.  [PERMANENT MEMBERS.] Eight of the permanent 
members of the board shall be appointed by the governor, with 
the advice and consent of the senate, to represent diverse areas 
and interests within the state.  One member shall be appointed 
from each congressional district in accordance with boundaries 
existing on January 1, 1980.  The term of office and 
compensation of the eight members thus appointed, and the manner 
of removal and filling of vacancies, shall be as provided in 
section 15.0575, except that the initial term of all members 
shall be four years and the rate of compensation shall be $50 
per day spent on board activities.  The ninth permanent member 
of the board shall be the chairperson who shall be appointed by 
the governor with the advice and consent of the senate.  Senate 
confirmation of the permanent members of the board shall be as 
provided by section 10.  The chairperson shall serve at the 
pleasure of the governor for a term coterminous with that of the 
governor, except that the initial term of the chairperson shall 
be four years.  The chairperson shall be the executive and 
operating officer of the board and shall determine the time and 
place of meetings, preside at meetings, appoint all board 
officers and hire and supervise all employees subject to the 
approval of the board, carry out the policy decisions of the 
board, and perform all other duties and functions assigned to 
him by the board or by law.  No permanent member of the board 
shall hold other elected or appointed public office. 
    Sec. 16.  Minnesota Statutes 1982, section 116E.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MEMBERSHIP; TERMS.] A state environmental 
education board, designated as the environmental education 
board, is hereby created.  Regional environmental education 
councils, subordinate to the environmental education board and 
designated as regional environmental education councils are 
hereby created to represent the regions of the state designated 
by the governor pursuant to Minnesota Statutes 1971, Section 
462.385.  The state board shall consist of 6 members to be 
appointed by the governor with the advice and consent of the 
senate, and one member from each of the regional councils.  Each 
regional council shall elect one member to serve on the state 
board.  Regional councils shall consist of 12 members, appointed 
by the chairman of the state board with approval of the state 
board, with at least one person representing each of the 
following groups:  (a) public school systems having grade levels 
kindergarten through 12, inclusive; (b) post-secondary 
educational institutions; (c) regional economic development 
commissions, where established; (d) voluntary organizations; (e) 
business, industry and agriculture; (f) labor organizations; and 
(g) elected local government officers.  The term of a member of 
a regional council shall begin on July 1 and shall extend for a 
four year term and until his successor is duly appointed and 
qualifies.  A vacancy in the office of a member of any regional 
council shall be filled by the appointing authority, for the 
unexpired term. 
    The regional environmental education council corresponding 
to the metropolitan area regional development commission as 
designated by the governor pursuant to section 462.385 shall 
consist of one member from each of the five task forces 
hereafter created and seven public members.  One task force 
consisting of seven members shall be appointed by the chairman 
of the state board with the approval of the board to represent 
each of the following five geographic areas:  the city of 
Minneapolis; the remainder of Hennepin county; Carver, Scott and 
Dakota counties; Ramsey county; and Anoka and Washington 
counties.  Each task force shall select one of its members to 
serve on the metropolitan regional environmental education 
council.  Members of the task forces shall be compensated and 
shall have terms similar to those of the regional environmental 
education councils.  The foregoing task forces shall commence 
their functions on July 1, 1977; however, they may not select 
members for the state boards until July 1, 1978. 
    Sec. 17.  Minnesota Statutes 1982, section 116J.04, is 
amended to read: 
    116J.04 [ENERGY POLICY DEVELOPMENT COUNCIL.] 
    A council of 15 members to act in an advisory capacity on 
energy policy development to the commissioner is created.  
Members shall be appointed by the governor, with the advice and 
consent of the senate, one from each congressional district and 
seven from the state at large.  The council members shall 
broadly represent the scientific, technical, educational, 
business and labor fields and at least four members shall be 
from educational and scientific research institutions.  The 
council shall develop recommendations on policy for energy 
issues and energy needs and shall advise the commissioner on the 
energy related functions of the department.  The commissioner 
shall report to the legislature on the major energy policy 
recommendations of the council.  The council shall organize and 
elect among its members such other officers as it may deem 
necessary.  The council shall meet at the call of the chair.  
The terms, compensation and removal of members shall be as 
provided by section 15.059.  The council may advise the 
commissioner on the transfer of energy agency personnel and 
functions.  
    Sec. 18.  Minnesota Statutes 1982, section 121.82, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPOINTMENT OF MEMBERS.] Legislative 
members of the education commission established in article III 
(A) are appointed as follows:  One member of the house of 
representatives appointed by the speaker of the house for a term 
coinciding with the term of office of the member; one member of 
the senate appointed by the committee on committees for a two 
year term.  Members of the education commission appointed by the 
governor are appointed with the advice and consent of the senate 
for a term which coincides with the term of the appointing 
governor.  Members appointed from the legislature and members 
appointed by the governor serve until their successors are 
appointed and qualified.  
    Sec. 19.  Minnesota Statutes 1982, section 121.844, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPOINTMENT.] Legislative members of the 
Midwestern Education Board established in article III of the 
Midwestern Education Compact are appointed as follows:  one 
member of the house of representatives appointed by the speaker 
of the house for a term coinciding with the term of office of 
the member; one member of the senate appointed by the 
subcommittee on committees of the rules and administration 
committee for a two-year term.  Two citizen members, one of whom 
shall be from the field of education, shall be appointed by the 
governor with the advice and consent of the senate for a term 
which coincides with the term of the appointing governor.  
Members appointed from the legislature and members appointed by 
the governor serve until their successors are appointed and 
qualified. 
    Sec. 20.  Minnesota Statutes 1982, section 179.72, 
subdivision 1, is amended to read: 
    Subdivision 1.  There is hereby established a public 
employment relations board with the powers and duties assigned 
to it by this section.  The board shall consist of five members 
appointed by the governor of the state of Minnesota with the 
advice and consent of the senate.  Two members shall be 
representative of public employees; two shall be representative 
of public employers; and one shall be representative of the 
public at large.  Public employers and employee organizations 
representing public employees may submit for consideration names 
of persons representing their interests to serve as members of 
the board.  The board shall select one of its members to serve 
as chairman for a term beginning May 1 each year. 
    Sec. 21.  Minnesota Statutes 1982, section 182.664, 
subdivision 1, is amended to read: 
    Subdivision 1.  There is hereby created the occupational 
safety and health review board, consisting of three members to 
be appointed by the governor, by and with the advice and consent 
of the senate.  The governor shall designate one member to serve 
as chairman.  The review board members shall be chosen so that 
one shall represent management; one shall represent labor; and 
one shall represent the general public.  The members shall be 
chosen from persons qualified by education, training or 
experience to carry out the functions of the board.  Service on 
such board for a term shall not render a person ineligible for 
reappointment. 
    Sec. 22.  Minnesota Statutes 1982, section 250.05, 
subdivision 2, is amended to read: 
    Subd. 2.  The Gillette hospital shall be governed by a 
board of directors consisting of nine members.  Not more than 
four of those appointed by the governor shall be residents of 
Ramsey county.  The commissioner of health and the commissioner 
of economic security shall each designate a senior employee of 
their respective departments to represent them as voting members 
of the board. The designee of the commissioner of economic 
security shall be the person having authority over the 
administration of federally recognized vocational rehabilitation 
programs.  Notwithstanding the provisions of subdivision 2a, the 
term of office of a designee shall be coterminous with the term 
of office of the designating commissioner.  Of the seven 
remaining members, at least four shall be consumers as defined 
in section 145.833, and one member shall be a member of the 
medical staff, to be recommended by the medical staff of the 
hospital.  Members other than the designees shall be appointed 
by the governor, and the appointments of all members shall be 
subject to the advice and consent of the senate.  No member of 
the board shall be an employee of or have any direct or 
immediate family financial interest in a business entity that 
provides goods or services to the hospital.  No member of the 
board may be an employee of the hospital or employed by the 
hospital within the past five years. 
    Sec. 23.  Minnesota Statutes 1982, section 299B.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  There is created in the department of 
public safety, for budgetary and administrative purposes, the 
crime victims reparations board, which shall consist of three 
members appointed by the governor with the advice and consent of 
the senate.  One of the members shall be designated as chairman 
by the governor and serve as such at his pleasure.  At least one 
member shall be a person who is admitted to the bar of this 
state, and at least one member shall be a medical or osteopathic 
physician licensed to practice in this state. 
    Sec. 24.  Minnesota Statutes 1982, section 414.01, 
subdivision 2, is amended to read: 
    Subd. 2.  The board shall be composed of three members 
appointed by the governor, with the advice and consent of the 
senate, at least one of whom shall be learned in the law, and at 
least one of whom shall be a resident from outside of the 
metropolitan area as defined in section 473.02, subdivision 5.  
The board shall select from its members a chairman who shall 
have the powers and duties prescribed by the general law 
applicable to the heads of departments and agencies of the 
state.  In proceedings before the board for the incorporation of 
a statutory city, consolidation of two or more municipalities, 
or annexation of unincorporated land to a municipality, two 
county commissioners of the board of the county in which all or 
a majority of the affected land is located shall serve on the 
board during such time as the board shall have under 
consideration said matter.  The executive director of the board 
shall upon initiation of a proceeding for such incorporation, 
consolidation, or annexation notify the county auditor of the 
county in which the majority of the affected property is 
situated of the need for the appointment of the two county 
commissioners to the board.  At the next succeeding meeting of 
the county board the commissioners shall designate the two 
appointed and shall thereupon immediately notify the Minnesota 
municipal board executive director of their action.  The county 
commissioners shall represent districts which do not contain any 
of the affected territory.  If commissioners from the unaffected 
districts are unavailable, commissioners from the affected 
district may serve. 
    Sec. 25.  Minnesota Statutes 1982, section 473.123, 
subdivision 4, is amended to read: 
    Subd. 4.  [CHAIRMAN; APPOINTMENT, DUTIES.] (a) The chairman 
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 his the pleasure of the 
governor.  Senate confirmation shall be as provided by section 
10.  He The chairman shall be a person experienced in the field 
of municipal and urban affairs with administrative training and 
executive ability. 
    (b) The chairman of the metropolitan council shall preside 
at the meetings of the metropolitan council and shall act as 
principal executive officer.  He shall organize the work of the 
metropolitan council, appoint all officers and employees 
thereof, subject to the approval of the metropolitan council, 
and be responsible for carrying out all policy decisions of the 
metropolitan council.  His salary shall be as provided in 
section 15A.081, and he shall be eligible for expenses in the 
same manner and amount as state employees. 
    Sec. 26.  Minnesota Statutes 1982, section 473.141, 
subdivision 3, is amended to read: 
    Subd. 3.  [CHAIRMAN.] The chairman of each commission shall 
be appointed by the governor with the advice and consent of the 
senate and shall be the ninth voting member of the commission 
and shall meet all qualifications established for members, 
except the chairman need only reside within the metropolitan 
area.  Senate confirmation shall be as provided by section 10.  
The chairman shall preside at all meetings of the commission, if 
present, and shall perform all other duties and functions 
assigned to him by the commission or by law.  Each commission 
may appoint from among its members a vice-chairman to act for 
the chairman during his temporary absence or disability. 
    Sec. 27.  Minnesota Statutes 1982, section 490.15, 
subdivision 1, is amended to read: 
    Subdivision 1.  The board on judicial standards is 
established and consists of one judge of the district court, one 
judge of a municipal court, one judge of county court, two 
lawyers who have practiced law in the state for ten years and 
four citizens who are not judges, retired judges or lawyers.  
The executive secretary is appointed by the governor.  
Commencing July 1, 1980, the board shall appoint the executive 
secretary.  All members shall be appointed by the governor with 
the advice and consent of the senate except that senate 
confirmation shall not be required for the judicial members.  No 
member shall serve more than two full four-year terms or their 
equivalent.  Membership terminates if a member ceases to hold 
the position that qualified him for appointment.  
    Sec. 28.  [REPEALER.] 
     Minnesota Statutes 1982, section 11A.07, subdivision 3, is 
repealed.  
    Sec. 29.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved June 9, 1983