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S.F. No. 47 - Requiring Local Approval of Gubernatorial Appointees to the Metropolitan Council - The First Engrossment
Author: Senator David J. Osmek
Prepared By: Joan White, Senate Counsel (651/296-3814)
Date: March 12, 2019


Section 1 (473.123, subdivision 3) Paragraph (d) requires the Governor to consult with members of the Legislature after receiving the list of nominees from the committee and prior to selecting a nominee. Current law requires the Governor to consult with the same before making an appointment.

Paragraph (e) makes substantial changes with regard to local involvement prior to the Governor submitting the nominee for advice and consent of the senate.  Current law states that appointments to the council are subject to the advice and consent of the senate.  The new language requires the Governor to provide written notice of the name of the nominee selected to each local government in the district affected by the appointment. The governing body of each local government in the district has 90 days to pass a resolution in support of or opposition to the nominee. A local government that does not pass a resolution shall be deemed to oppose the nominee.  After the 90-day period, if a majority of the governments passed resolutions in support of the nominee, the Governor shall submit the nominee for advice and consent of the senate. If a majority have not passed a resolution in support, the Governor shall select another nominee from the list under paragraph (c) or request a new list from the nominating committee. This section also requires a list of all local governments located in the district after redistricting.

Paragraph (h) requires the Governor, when filling a vacancy, to follow the appointment process in this subdivision. Current law allows the Governor to forego the requirements of paragraph (c) if the Governor has made appointments that comply with this subdivision within the preceding 12 months.

New paragraph (i) allows for local governments to remove a council member if a majority of local governments in the member’s district submit resolutions to the chair of the council. The governing body of a local government may adopt a resolution stating that it is seeking to remove the council member representing the district.  The resolution must be transmitted to the chair of the council, and the chair must transmit to each local government in the district a copy of the resolution and a notice that states the council member will be removed if within 90 days the chair receives a resolution from a majority of local governments requesting removal of the member. If there is a majority, the member must be removed immediately and the vacancy must be filled under paragraph (h). This paragraph does not apply to the chair.

Section 2 (473.123, subdivision 4) states that no local government approval is required to confirm the chair.

Section 3 makes this bill effective the day following final enactment, but provides clarification as to its applicability.

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