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HF 1392

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to cities; allowing the charter to prohibit 
  1.3             members of the governing body of the city from serving 
  1.4             on the charter commission; amending Minnesota Statutes 
  1.5             2002, section 410.05, subdivision 1. 
  1.7      Section 1.  Minnesota Statutes 2002, section 410.05, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [APPOINTMENT.] When the district court of 
  1.10  the judicial district in which a city is situated, deems it for 
  1.11  the best interest of the city so to do, the court, acting 
  1.12  through its chief judge, may appoint a charter commission to 
  1.13  frame and amend a charter.  Upon presentation of a petition 
  1.14  requesting such action, signed by at least ten percent of the 
  1.15  number of voters of the city, as shown by the returns of the 
  1.16  last regular city election, or upon resolution of the governing 
  1.17  body of the city requesting such action, the court shall appoint 
  1.18  a charter commission.  The commission shall be composed of not 
  1.19  less than seven nor more than 15 members, each of whom shall be 
  1.20  a qualified voter of the city.  The size of the commission shall 
  1.21  be determined within the above limits by the court, except that 
  1.22  where the commission is appointed pursuant to a petition of the 
  1.23  voters or resolution of the governing body of the city, the size 
  1.24  of the commission shall be as specified in such petition or 
  1.25  resolution.  Any city may by charter provision fix the size of 
  2.1   the charter commission at a figure which shall not be less than 
  2.2   seven nor more than 15 members, and such charter provision shall 
  2.3   prevail over any inconsistent provisions of this subdivision.  
  2.4   Except as otherwise provided in the charter, no person shall be 
  2.5   disqualified from serving on a charter commission by reason of 
  2.6   holding any other elective or appointive office other than 
  2.7   judicial.  The charter may provide that members of the governing 
  2.8   body of the city cannot serve on the charter commission.