Bill Text: MN HF2791 | 2013-2014 | 88th Legislature | Introduced


Bill Title: Metropolitan Council members' staggering terms provided, and Metropolitan Council members required to be local elected officials.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2014-03-06 - Introduction and first reading, referred to Government Operations [HF2791 Detail]

Download: Minnesota-2013-HF2791-Introduced.html

1.1A bill for an act
1.2relating to metropolitan government; providing for staggering of Metropolitan
1.3Council members' terms; providing that members of the Metropolitan Council
1.4must be local elected officials;amending Minnesota Statutes 2012, section
1.5473.123, subdivisions 2a, 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2012, section 473.123, subdivision 2a, is amended to read:
1.8    Subd. 2a. Terms. Following each apportionment of council districts, as provided
1.9under subdivision 3a, council members must be appointed from newly drawn districts as
1.10provided in subdivision 3a. Each council member, other than the chair, must reside in the
1.11council district represented. Each council district must be represented by one member of the
1.12council. The terms of members end with the term of the governor are staggered as follows:
1.13members representing even-numbered districts have terms ending the first Monday in
1.14January of the year ending in the numeral "7"; and members representing odd-numbered
1.15districts have terms ending the first Monday in January of the year ending in the numeral
1.16"5." Thereafter the term of each member is four years, with terms ending the first Monday
1.17in January, except that all terms expire on the effective date of the next apportionment.
1.18A member serves at the pleasure of the governor. A member shall continue to serve the
1.19member's district until a successor is appointed and qualified; except that, following each
1.20apportionment, the member shall continue to serve at large until the governor appoints 16
1.21council members, one from each of the newly drawn council districts as provided under
1.22subdivision 3a, to serve terms as provided under this section. The appointment to the
1.23council must be made by the first Monday in March of the year in which the term ends.

1.24    Sec. 2. Minnesota Statutes 2012, section 473.123, subdivision 3, is amended to read:
2.1    Subd. 3. Membership; appointment; qualifications. (a) Sixteen members must be
2.2appointed by the governor from districts defined by this section. Each council member
2.3must reside in the council district represented. Each council district must be represented
2.4by one member of the council. Each council member must be an elected member of the
2.5governing body of a statutory or home rule charter city, county, or town that has at least
2.650 percent of the city, county, or town population within the council district. Population
2.7is determined as of the most recent federal decennial census. A council member's seat
2.8is vacant if the council member is not a currently serving elected member of the local
2.9governing body. The office of metropolitan council member is compatible with the office
2.10of city council member, county board commissioner, or town supervisor.
2.11(b) In addition to the notice required by section 15.0597, subdivision 4, notice of
2.12vacancies and expiration of terms must be published in newspapers of general circulation
2.13in the metropolitan area and the appropriate districts. The governing bodies of the statutory
2.14and home rule charter cities, counties, and towns having territory in the district for which
2.15a member is to be appointed must be notified in writing. The notices must describe the
2.16appointments process and invite participation and recommendations on the appointment.
2.17(c) The governor shall create a nominating committee, composed of seven
2.18metropolitan citizens appointed by the governor, to nominate persons for appointment to
2.19the council from districts. Three of the committee members must be local elected officials.
2.20Following the submission of applications as provided under section 15.0597, subdivision
2.215
, the nominating committee shall conduct public meetings, after appropriate notice, to
2.22accept statements from or on behalf of persons who have applied or been nominated for
2.23appointment and to allow consultation with and secure the advice of the public and local
2.24elected officials. The committee shall hold the meeting on each appointment in the district
2.25or in a reasonably convenient and accessible location in the part of the metropolitan area
2.26in which the district is located. The committee may consolidate meetings. Following
2.27the meetings, the committee shall submit to the governor a list of nominees for each
2.28appointment. The governor is not required to appoint from the list.
2.29(d) Before making an appointment, the governor shall consult with all members of
2.30the legislature from the council district for which the member is to be appointed.
2.31(e) Appointments to the council are subject to the advice and consent of the senate as
2.32provided in section 15.066.
2.33(f) Members of the council must be appointed to reflect fairly the various
2.34demographic, political, and other interests in the metropolitan area and the districts.
2.35(g) Members of the council must be persons knowledgeable about urban and
2.36metropolitan affairs.
3.1(h) Any vacancy in the office of a council member shall immediately be filled
3.2for the unexpired term. In filling a vacancy, the governor may forgo the requirements
3.3of paragraph (c) if the governor has made appointments in full compliance with the
3.4requirements of this subdivision within the preceding 12 months.

3.5    Sec. 3. TRANSITION.
3.6    Subdivision 1. Termination of current council member terms. The terms of all
3.7members serving on the Metropolitan Council, other than the chair, terminate on the
3.8effective date of this act.
3.9    Subd. 2. Initial appointments. This subdivision is effective the day following final
3.10enactment. The governor shall appoint members following the procedures in Minnesota
3.11Statutes, chapter 473, to serve terms beginning January 5, 2015. Members representing
3.12even-numbered districts shall serve terms ending the first Monday in January 2017,
3.13and members representing odd-numbered districts shall serve for terms ending the first
3.14Monday in January 2019. Thereafter, the term of each member is four years, with terms
3.15ending the first Monday in January.

3.16    Sec. 4. EFFECTIVE DATE; APPLICATION.
3.17Except as otherwise provided, this act is effective January 5, 2015, and applies in the
3.18counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
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