HF 437

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; providing for referenda 
  1.3             on the continued existence of a town's government; 
  1.4             providing the procedures and effects of the referenda; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 379. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [379.10] [REFERENDUM ON CONTINUED TOWN 
  1.9   EXISTENCE.] 
  1.10     Subdivision 1.  [APPLIES TO ALL TOWNS.] This section 
  1.11  applies to every town in the state that is organized to provide 
  1.12  governmental services. 
  1.13     Subd. 2.  [TOWN BOARD MAY CALL ELECTION.] In 2002 and each 
  1.14  four years thereafter that a town continues to be organized to 
  1.15  provide governmental services, its town board must consider 
  1.16  whether to place the question of the town's continued existence 
  1.17  on the town's general election ballot. 
  1.18     Subd. 3.  [BALLOT QUESTION.] If the town board decides to 
  1.19  put the issue of the town's continued existence on the ballot, 
  1.20  the ballot question must be: 
  1.21     "Shall the town government remain in existence as opposed 
  1.22  to being transferred to the county? 
  1.23                                     Yes .......
  1.24                                     No ........"
  1.25     Subd. 4.  [ELECTION TIME, FORMALITIES.] Except as otherwise 
  1.26  provided in this section, a referendum election under this 
  2.1   section must be conducted in the manner otherwise provided by 
  2.2   law. 
  2.3      Subd. 5.  [INFORMATION ON FINANCIAL IMPACT.] A county that 
  2.4   has a town whose town board has set a referendum under this 
  2.5   section, must provide information on the estimated financial 
  2.6   impact of transferring the town's governmental functions to the 
  2.7   county.  The information must be mailed to all of the town's 
  2.8   registered voters at the most recent known address in the 
  2.9   county's election records.  The mailing must be made not more 
  2.10  than 30 or less than seven days before the town's general 
  2.11  election at which the question of the town's continued existence 
  2.12  as a governmental service provider is to be decided. 
  2.13     Subd. 6.  [MAJORITY NEEDED FOR TOWN GOVERNMENT TO GO 
  2.14  ON.] An affirmative vote of a majority of the registered voters 
  2.15  in the town is required for the town form of government to 
  2.16  continue to exist in that town. 
  2.17     Subd. 7.  [EFFECT OF LESS THAN MAJORITY FOR CONTINUED 
  2.18  EXISTENCE.] If a majority, as provided in subdivision 6, does 
  2.19  not vote for continued existence of a town government, all 
  2.20  governmental functions of the town are transferred to the county 
  2.21  on the next January 1.  
  2.22     Subd. 8.  [DETAILS OF DISSOLUTION.] Except as otherwise 
  2.23  provided in this section, the transfer of a town's governmental 
  2.24  functions is governed by the law otherwise provided for the 
  2.25  dissolution of a town organized to provide governmental services.
  2.26     Subd. 9.  [FAMILIAR TOWN NAMES PRESERVED.] The name of a 
  2.27  township whose governmental functions are transferred to the 
  2.28  county under this section continues to exist as a place name for 
  2.29  the geographic area of the former township government, unless 
  2.30  changed as otherwise provided by law for changing the name of a 
  2.31  township. 
  2.32     Subd. 10.  [IF TOWN BOARD AVOIDS QUADRENNIAL ELECTION.] If 
  2.33  the town board of a town organized to provide governmental 
  2.34  services chooses not to place the question of the town's 
  2.35  continued existence as a governmental service provider on the 
  2.36  town's general election ballot at any four-year interval 
  3.1   provided under this section, the township's governmental 
  3.2   functions are transferred to the county on the next January 1 
  3.3   after the question could have been put on the town's general 
  3.4   election ballot by the town board.  The transfer is otherwise 
  3.5   governed by subdivision 8.