HF 3553

as introduced - 86th Legislature (2009 - 2010) Posted on 03/09/2010 10:28am

A bill for an act
relating to local government; providing for a charter commission to report on a
form of county government for the counties of Stearns, Benton, and Sherburne.

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

Section 1. new text begin COUNTIES OF STEARNS, BENTON, AND SHERBURNE;
CHARTER COMMISSION.
new text end

new text begin For purposes of this act, the term "joint legislative delegation" means all elected
members of the state house of representatives and state senate whose legislative district
includes a portion of Stearns, Benton, or Sherburne county and who represents a county
that has approved this act under section 7. The house of representatives delegation shall
elect a member and the senate delegation shall elect a member who shall serve as cochairs
of the joint legislative delegation.
new text end

Sec. 2. new text begin CHARTER COMMISSION; NOMINATIONS AND APPOINTMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Counties defined. new text end

new text begin For purposes of this act, "county" or "counties"
means each of the counties of Stearns, Benton, or Sherburne that have approved this act.
new text end

new text begin Subd. 2. new text end

new text begin Nomination. new text end

new text begin Within 30 days of the effective date of this act, the joint
legislative delegation shall nominate 21 persons as candidates for appointment to a charter
commission to frame a charter to provide for the form of county government for each of
the counties of Stearns, Benton, and Sherburne that have approved this act. Three persons
who reside in the district shall be nominated for each of the county commissioner districts
in each county. Six persons who reside in each county shall be nominated without regard
to county commission districts.
new text end

new text begin Subd. 3. new text end

new text begin Appointment. new text end

new text begin With respect to the counties of Stearns and Benton
that have approved this act, within 30 days of the selection of nominees, the judges of
the seventh judicial district shall appoint to the charter commission 14 members, one
appointee for each county commissioner district in the counties of Stearns and Benton
and two appointees from each of the counties of Stearns and Benton who were nominated
to serve from the county without regard to county commissioner districts. If Sherburne
county has approved this act, within 30 days of the selection of nominees, the judges of
the tenth judicial district shall appoint to the charter commission seven members, one
appointee for each county commissioner district in Sherburne county and two appointees
from the county of Sherburne who were nominated to serve from the county without
regard to county commissioner districts. The commission members must be qualified
voters in the county in which they reside. A person is not disqualified from serving on
the charter commission because the person holds an elective or appointive office. The
appointing authority shall fill any vacancies. Appointments must be filed with the board of
county commissioners of the county in which the appointee resides. An appointee must
file an acceptance with the board within ten days of notification of the appointment or be
considered to have declined the appointment.
new text end

Sec. 3. new text begin CHARTER COMMISSION; TERMS; ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Chair; rules. new text end

new text begin The charter commission shall meet within 30 days
after the initial appointment, elect a chair from among the members, and establish rules,
including quorum requirements for its operation and procedures.
new text end

new text begin Subd. 2. new text end

new text begin Expenses and administration. new text end

new text begin The members of the charter commission
receive no compensation except reimbursement for expenses actually incurred in the
course of their duties. The boards of county commissioners of the counties may make
appropriations to the charter commission to be used to employ research and clerical
assistance, for supplies, and to meet expenses considered necessary by the charter
commission. Employees of the charter commission shall be in the unclassified service of a
county as determined by the county boards of commissioners. The charter commission
may request and receive assistance from any county official. If requested, a personnel
director shall assist the charter commission to test and hire employees. If requested, a
county attorney shall provide legal services.
new text end

new text begin Subd. 3. new text end

new text begin Terms. new text end

new text begin Members of the charter commission hold office until a final report
has been made under section 4.
new text end

Sec. 4. new text begin CHARTER COMMISSION; POWERS AND DUTIES.
new text end

new text begin Before December 31, 2011, the charter commission shall deliver to the boards of
county commissioners either (1) its report determining that the present form of county
government is adequate for the county and that a charter is not necessary or desirable,
or (2) a draft of a proposed charter. The report must be signed by a majority of the
members of the charter commission. The proposed charter may provide for any form of
government consistent with the Constitution of the state of Minnesota. It may provide for
the establishment and administration of all departments of a county government and for
the regulation of all local county functions. It may abolish or consolidate any department
or agency. The charter commission is required to hold at least one public hearing in
each of the county commissioner districts.
new text end

new text begin It shall provide for present functions to be assumed by new elective or appointive
officers as provided in the charter and may provide for other powers consistent with other
law. It shall provide methods of procedure in respect to the operation of the government
created and the duties of all officers. It shall provide for a home rule charter commission
consistent with article XII, section 5, of the Constitution of the state of Minnesota and
may provide for alternative methods for amending or abandoning the charter consistent
with the Constitution. A county may be authorized to acquire by gift, devise, purchase,
or condemnation or sell or lease any property needed for the full discharge of its duties
and powers. All special and general laws authorizing a county to incur indebtedness or
issue bonds shall be subject to the charter, provided that the charter provisions are not in
conflict with general laws relating to public indebtedness. A county shall continue to
have all the powers granted by law.
new text end

new text begin Personnel matters relating to employees of a county continue to be governed by law.
A charter proposed for adoption under this act shall not apply to personnel matters.
new text end

Sec. 5. new text begin ELECTION; BALLOT.
new text end

new text begin Subdivision 1. new text end

new text begin Procedure; notice. new text end

new text begin Upon delivery of the proposed charter to the
board of county commissioners in each county, each board shall submit it to the voters
in that county at the general election in 2012. The notice of election must contain the
complete charter and must be published once a week for two successive weeks in a
qualified newspaper of general circulation within each county.
new text end

new text begin Subd. 2. new text end

new text begin Ballot form. new text end

new text begin The ballot must be in the following form:
new text end

new text begin "Shall the proposed new county charter be adopted?
new text end

	new text begin Yes . new text end
	new text begin No . " new text end

new text begin The voter shall place an "X" after one of the last two words to express the voter's choice.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin If a majority of all the voters voting in any of the counties of Stearns, Benton, or
Sherburne at the election vote in favor of the proposed charter, it shall be adopted for
that county. The charter shall take effect in that county two years after the election. At
that time the courts shall take judicial notice of the new charter and upon the election or
appointment of officers under the charter the former officials of each county that adopts it
shall deliver to them all records, money, and other public property under their control.
new text end

Sec. 7. new text begin LOCAL APPROVAL.
new text end

new text begin This act is effective for each county that approves it the day after compliance with
Minnesota Statutes, section 645.021, subdivision 3, by the board of county commissioners
of Stearns, Benton, and Sherburne counties.
new text end