HF 372

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; abolishing town 
  1.3             government and providing for the dissolution of 
  1.4             organized towns; providing for the governance of 
  1.5             territory of dissolved towns; specifying certain 
  1.6             powers and duties of counties and cities in relation 
  1.7             to dissolution of towns; proposing coding for new law 
  1.8             as Minnesota Statutes, chapter 365; repealing 
  1.9             Minnesota Statutes 1994, sections 365.01; 365.02; 
  1.10            365.025; 365.04; 365.05; 365.07; 365.08; 365.09; 
  1.11            365.10; 365.11; 365.125; 365.13; 365.14; 365.15; 
  1.12            365.16; 365.17; 365.18; 365.181; 365.19; 365.20; 
  1.13            365.21; 365.22; 365.23; 365.24; 365.37; 365.38; 
  1.14            365.39; 365.40; 365.41; 365.42; 365.43; 365.431; 
  1.15            365.44; 365.50; 365.51; 365.52; 365.53; 365.54; 
  1.16            365.55; 365.56; 365.57; 365.58; 365.59; 365A.01; 
  1.17            365A.02; 365A.03; 365A.04; 365A.05; 365A.06; 365A.07; 
  1.18            365A.08; 365A.09; 365A.10; 366.01; 366.012; 366.015; 
  1.19            366.03; 366.04; 366.05; 366.07; 366.08; 366.09; 
  1.20            366.095; 366.10; 366.11; 366.12; 366.13; 366.14; 
  1.21            366.15; 366.151; 366.16; 366.17; 366.18; 366.181; 
  1.22            366.19; 366.20; 366.21; 366.22; 366.27; 367.01; 
  1.23            367.02; 367.03; 367.033; 367.05; 367.10; 367.11; 
  1.24            367.12; 367.13; 367.14; 367.15; 367.16; 367.161; 
  1.25            367.17; 367.18; 367.19; 367.22; 367.23; 367.24; 
  1.26            367.25; 367.30; 367.31; 367.32; 367.33; 367.34; 
  1.27            367.35; 367.36; 367.40; 367.401; 367.411; 367.42; 
  1.28            367.43; 368.01; 368.015; 368.47; 368.48; 368.49; and 
  1.29            368.85. 
  1.30  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.31     Section 1.  [365.001] [TOWN GOVERNMENT ABOLISHED.] 
  1.32     Effective January 1, 1997, town government is abolished and 
  1.33  all organized towns are dissolved. 
  1.34     Sec. 2.  [365.002] [TRANSITIONAL PERIOD.] 
  1.35     As soon as possible after the effective date of this act, 
  1.36  each organized town shall prepare an inventory of the town's 
  1.37  assets and liabilities, including property of all kinds.  The 
  2.1   town shall provide the county or counties in which it is located 
  2.2   a written report of its assets and liabilities before January 1, 
  2.3   1996.  After December 31, 1995, and before January 1, 1997, each 
  2.4   town and the county or counties in which a town is located shall 
  2.5   cooperatively prepare for the dissolution of the town, utilizing 
  2.6   authority provided in sections 365.45 to 365.49 to the greatest 
  2.7   extent practicable.  Two or more counties in which the territory 
  2.8   of a town are located may enter into agreements under section 
  2.9   471.59, or other applicable law, for the succession of 
  2.10  governance of any part or all of that territory.  Before January 
  2.11  1, 1997, a city and town may combine under sections 465.81 to 
  2.12  465.87, or other applicable laws. 
  2.13     Sec. 3.  [365.003] [COUNTIES, SUCCESSORS TO TOWNS; 
  2.14  EXCEPTIONS.] 
  2.15     Except in situations where arrangements are made for the 
  2.16  governance of territory of a dissolved town under other 
  2.17  applicable laws, the county in which a town or part of a town is 
  2.18  located is the successor government to each dissolved town.  A 
  2.19  county has all of the powers and duties provided in sections 
  2.20  365.45 to 365.49, and related laws, in regard to the towns being 
  2.21  dissolved under section 1, except as follows:  (1) no petition, 
  2.22  vote, or county board resolution is necessary to dissolve a 
  2.23  town; (2) the county may not attach the territory of a dissolved 
  2.24  town to any other town; (3) meetings of the county board at 
  2.25  which town board dissolution matters are to be considered, as 
  2.26  required by section 365.45, must be scheduled to begin before 
  2.27  October 1, 1996; and (4) notices required by section 365.46, 
  2.28  regarding towns that are to be dissolved effective January 1, 
  2.29  1997, shall be sent by the county auditor of each county to the 
  2.30  secretary of state and to other entities named in section 
  2.31  365.46, before December 1, 1996. 
  2.32     Sec. 4.  [365.004] [COUNTY AUTHORITY.] 
  2.33     After December 31, 1996, the county in which territory of a 
  2.34  dissolved town is located governs that territory under laws 
  2.35  applicable to the governance of unorganized territory, unless 
  2.36  arrangements have been made before that date for the governance 
  3.1   of territory of a dissolved town under other applicable law.  
  3.2   The county in which the territory is located is the successor, 
  3.3   in all respects, to the town, unless other arrangements are made 
  3.4   under other applicable laws.  
  3.5      Sec. 5.  [365.005] [EMPLOYEES OF TOWNS.] 
  3.6      To the greatest extent possible, all persons employed by a 
  3.7   town at the time of its dissolution under sections 1 to 4, shall 
  3.8   be employed by the county or city which succeeds to the 
  3.9   governance of the territory of the dissolved town in positions 
  3.10  corresponding to positions held by those persons while employed 
  3.11  by the town or, if that is not possible, in other suitable 
  3.12  positions as similar as possible to those held by town employees 
  3.13  while employed by the town.  To the greatest extent possible the 
  3.14  county or city shall employ the former town employee in the 
  3.15  classified service of the county or city, if the county or city 
  3.16  has a civil service system.  
  3.17     Sec. 6.  [REVISOR'S INSTRUCTION.] 
  3.18     The revisor of statutes shall examine statutes relating to 
  3.19  towns and shall prepare drafts of bills necessary to reflect the 
  3.20  abolishment of town government and dissolution of organized 
  3.21  towns required by sections 1 to 5 and shall submit the drafts to 
  3.22  appropriate committees of the senate and house for their review 
  3.23  and consideration.  
  3.24     Sec. 7.  [REPEALER.] 
  3.25     Minnesota Statutes 1994, sections 365.01; 365.02; 365.025; 
  3.26  365.04; 365.05; 365.07; 365.08; 365.09; 365.10; 365.11; 365.125; 
  3.27  365.13; 365.14; 365.15; 365.16; 365.17; 365.18; 365.181; 365.19; 
  3.28  365.20; 365.21; 365.22; 365.23; 365.24; 365.37; 365.38; 365.39; 
  3.29  365.40; 365.41; 365.42; 365.43; 365.431; 365.44; 365.50; 365.51; 
  3.30  365.52; 365.53; 365.54; 365.55; 365.56; 365.57; 365.58; 365.59; 
  3.31  365A.01; 365A.02; 365A.03; 365A.04; 365A.05; 365A.06; 365A.07; 
  3.32  365A.08; 365A.09; 365A.10; 366.01; 366.012; 366.015; 366.03; 
  3.33  366.04; 366.05; 366.07; 366.08; 366.09; 366.095; 366.10; 366.11; 
  3.34  366.12; 366.13; 366.14; 366.15; 366.151; 366.16; 366.17; 366.18; 
  3.35  366.181; 366.19; 366.20; 366.21; 366.22; 366.27; 367.01; 367.02; 
  3.36  367.03; 367.033; 367.05; 367.10; 367.11; 367.12; 367.13; 367.14; 
  4.1   367.15; 367.16; 367.161; 367.17; 367.18; 367.19; 367.22; 367.23; 
  4.2   367.24; 367.25; 367.30; 367.31; 367.32; 367.33; 367.34; 367.35; 
  4.3   367.36; 367.40; 367.401; 367.411; 367.42; 367.43; 368.01; 
  4.4   368.015; 368.47; 368.48; 368.49; and 368.85, are repealed 
  4.5   effective January 1, 1997. 
  4.6      Sec. 8.  [EFFECTIVE DATE.] 
  4.7      Except as otherwise provided, this act is effective the day 
  4.8   after final enactment.