HF 720

as introduced - 88th Legislature (2013 - 2014) Posted on 02/21/2013 08:45am

A bill for an act
relating to natural resources; modifying soil and water conservation district
consolidation provisions; amending Minnesota Statutes 2012, sections 103C.211;
103C.311, subdivision 1; 103C.401, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 103C.211, is amended to read:

103C.211 CONSOLIDATION deleted text begin AND DIVISION deleted text end OF DISTRICTS.

(a) deleted text begin A deleted text end new text begin One or more districts may new text end petition deleted text begin to consolidate two or more districts
or to separate a district into two or more districts may be filed with deleted text end the state board
new text begin for a consolidation new text end . deleted text begin The petition must be signed by the majority of each board of the
affected districts or by at least 100 resident owners within the affected districts. It is not
necessary to obtain the consent of fee owners in an established district before districts
are consolidated or an existing district is divided. Proceedings provided for petitions to
organize a district shall be followed as far as they are applicable. The state board shall
prescribe the form for a petition, which shall be as nearly as possible in the form for
petitions to organize a district. deleted text end new text begin The board shall take action on the petition if signed by a
majority of the supervisors of each of the affected districts.
new text end

deleted text begin (b) The eligible voters within the affected districts may vote in the referendum. The
state board may not determine the administrative feasibility of consolidating or separating
districts unless a majority of the votes cast in the referendum within each separate district
affected, or within each separate area sought to be made a separate district, is in favor of
the consolidation or separation.
deleted text end

deleted text begin (c) When districts are consolidated or separated, the corporate existence and terms
of office of the officers of the old districts expire upon the issuance and recording by the
secretary of state of a certificate of organization of the new districts. Upon consolidation,
the rights and liabilities of the consolidating districts shall be assumed by the consolidated
district. Upon separation, the rights and liabilities of the original district shall be vested
in and assumed by the new districts in an equitable proportion determined by the state
board. A separation does not affect the term of office for which a supervisor was elected
or appointed. The supervisor shall continue to represent the district where the supervisor
resides for that full term.
deleted text end

new text begin (b) The petition must:
new text end

new text begin (1) describe with particularity the change requested, the territory affected, and the
reasons for the change;
new text end

new text begin (2) illustrate that the change is consistent with the purpose and requirements of
sections 103C.201 to 103C.335;
new text end

new text begin (3) identify the proposed name for the consolidated district;
new text end

new text begin (4) identify the location of the principal office of the consolidated district;
new text end

new text begin (5) identify potential changes to supervisor districts;
new text end

new text begin (6) identify changes in supervisors that would result from the proposed petition;
new text end

new text begin (7) provide a list of nominees for vacant supervisor positions; and
new text end

new text begin (8) be accompanied by resolutions of support signed by each district board affected
by the change.
new text end

new text begin (c) Upon the filing of a valid petition, the state board shall give notice that the
petition has been filed. The notice must:
new text end

new text begin (1) be made by publication in a legal newspaper in each county affected by the
petition;
new text end

new text begin (2) be made by mail to the auditor of each county affected by the petition;
new text end

new text begin (3) describe the actions proposed by the petition;
new text end

new text begin (4) invite written comments on the petition for consideration by the state board;
new text end

new text begin (5) state that a person who objects to the actions proposed in the petition may submit
a written request for hearing to the state board within 30 days of the last publication of
the notice under this paragraph. The request must contain 25 or more signatures from
resident owners residing in the districts; and
new text end

new text begin (6) state that if a timely request for hearing is not received, the state board may make
a decision on the petition at a future meeting of the state board.
new text end

new text begin (d) If one or more timely requests for hearing are received, the state board must hold
a hearing on the petition.
new text end

new text begin (e) The state board must establish the proposed change, by order, if the board
determines the change promotes the public health and welfare and the proposed change
would advance the purposes of this chapter.
new text end

new text begin (f) When districts are consolidated, the corporate existence and terms of office of the
officers of the old districts expire upon the issuance and recording by the secretary of state
of a certificate of organization of the new district. Upon consolidation, the rights, assets,
and liabilities of the consolidating districts shall be assumed by the consolidated district.
new text end

new text begin (g) If nomination districts are changed, the state board shall appoint supervisors to
fill vacancies resulting from the consolidation within 30 days after the action is taken. A
majority of the supervisors' terms must expire after the next general election following
their appointments and the remaining supervisors' terms must expire after the second
general election following their appointments.
new text end

new text begin (h) No sooner than two years after the date of consolidation, the affected districts
may petition the state board to have the action reversed through the same procedure
outlined in paragraphs (a) to (f). When a consolidation is reversed, the state board shall
order the appointments and distribution or transfer of assets and liabilities.
new text end

Sec. 2.

Minnesota Statutes 2012, section 103C.311, subdivision 1, is amended to read:

Subdivision 1.

Supervisors elected at large.

(a) The district board shall, with
the approval of the state board, divide a district into supervisor districts for purposes of
nomination for election. At each election after the division, one or more supervisors
shall be nominated from each supervisor district. A supervisor must be a resident of the
supervisor district to be elected.

(b) If the boundary of a soil and water conservation district has been substantially
changed by a division of the district, the district shall be divided into supervisor districts
for nomination purposes.

(c) new text begin Except for consolidation under section 103C.211, new text end this subdivision does not
disqualify a supervisor during the term for which the supervisor was elected or nominated
for election. Supervisors nominated from the supervisor districts shall be included on the
ballot for election from the entire area included in the soil and water conservation district.

(d) A certified copy of the minutes or the resolution of the supervisors establishing
supervisor districts must be promptly filed by the chair of the district board with the
county auditor of the counties where the district is located and with the state board.

Sec. 3.

Minnesota Statutes 2012, section 103C.401, subdivision 1, is amended to read:

Subdivision 1.

Powers and duties.

In addition to the powers and duties of the state
board provided by other law, the state board shall:

(1) offer to assist the district boards to implement their programs;

(2) keep the district boards of the state informed of the activities and experience of
other districts and facilitate cooperation and an interchange of advice and experience
among the districts;

(3) coordinate the programs and activities of the districts with appropriate agencies
by advice and consultation;

(4) approve or disapprove the plans or programs of districts relating to the use of
state funds administered by the state board;

(5) secure the cooperation and assistance of agencies in the work of the districts
and develop a program to advise and assist appropriate agencies in obtaining state and
federal funds for erosion, sedimentation, flooding, and agriculturally related pollution
control programs;

(6) develop and implement a public information program concerning the districts'
activities and programs, the problems and preventive practices relating to erosion control,
sedimentation, agriculturally related pollution, flood prevention, and the advantages of
formation of districts in areas where their organization is desirable;

(7) deleted text begin divide and deleted text end consolidate districts without a hearing or a referendum deleted text begin to confine
districts within county limits, without allowing a district, if feasible and practicable, to
contain less than four full or fractional congressional townships deleted text end ;

(8) assist the statewide program to inventory and classify the types of soils in the
state as determined by the Minnesota Cooperative Soil Survey;

(9) identify research needs and cooperate with other public agencies in research
concerning the nature and extent of erosion, sedimentation, flooding and agriculturally
related pollution, the amounts and sources of sediment and pollutants delivered to the
waters of the state, and long-term soil productivity;

(10) develop structural, land use management practice, and other programs to reduce
or prevent soil erosion, sedimentation, flooding, and agriculturally related pollution;

(11) develop a system of priorities to identify the erosion, flooding, sediment, and
agriculturally related pollution problem areas that most need control systems;

(12) ensure compliance with statewide programs and policies established by the state
board by advice, consultation, and approval of grant agreements with the districts; and

(13) service requests from districts to consolidate districts across county boundaries
and facilitate other agreed-to reorganizations of districts with other districts or other local
units of government, including making grants, within the limits of available funds, to
offset the cost of consolidation or reorganization.