HF 1645

as introduced - 87th Legislature (2011 - 2012) Posted on 05/03/2011 10:14am

A bill for an act
relating to local government; terminating Hennepin County Soil And Water
Conservation District and transferring certain duties; proposing coding for new
law in Minnesota Statutes, chapter 383B.

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

Section 1.

new text begin [383B.76] TERMINATION OF HENNEPIN COUNTY SOIL AND
WATER CONSERVATION DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Termination. new text end

new text begin Notwithstanding section 103C.225, the Hennepin
County Soil and Water Conservation District is terminated effective December 31, 2011.
new text end

new text begin Subd. 2. new text end

new text begin Transfer of duties. new text end

new text begin Effective January 1, 2012, the powers and duties of
the district regarding the Wetland Conservation Act as established in statutes and rules
on the effective date of this act, and as these statutes and rules may be amended, are
transferred to Hennepin County.
new text end

new text begin Subd. 3. new text end

new text begin Continuation plan. new text end

new text begin Commencing July 1, 2011, the Board of Water and
Soil Resources shall facilitate the preparation of a plan to continue the administration of
the remaining powers, duties, and responsibilities of the district.
new text end

new text begin Subd. 4. new text end

new text begin Certification of termination. new text end

new text begin Upon completion of the plan and no
later than September 1, 2011, the Board of Water and Soil Resources shall certify the
termination to the district board.
new text end

new text begin Subd. 5. new text end

new text begin District board duties. new text end

new text begin Upon receipt of the certification of termination, the
district board shall promptly terminate the affairs of the district. The district board shall
file an application with the secretary of state to discontinue the district within 60 days of
the receipt of the certification of termination. The application shall cite the certificate of
termination, affirm that all property and funds of the district have been properly disposed
of, and include a full accounting of the disposal of property and funds.
new text end

new text begin Subd. 6. new text end

new text begin Certificate of dissolution. new text end

new text begin The secretary of state shall issue to the district
board a certificate of dissolution and record the certificate in the secretary of state's office.
new text end

new text begin Subd. 7. new text end

new text begin Effect of dissolution. new text end

new text begin Upon issuance of the certificate of dissolution, any
ordinances and regulations adopted by the district have no further force and effect. All
contracts entered into, to which the district or district board were parties, shall remain in
force and effect for the period provided in the contracts. The Board of Water and Soil
Resources shall be substituted for the district or district board as party to the contracts
and succeed to the district's rights and duties. The Board of Water and Soil Resources
may delegate the district's rights and duties to a local government unit, as identified in
the plan developed under subdivision 3.
new text end

Sec. 2. new text begin EFFECTIVE DATE; LOCAL APPROVAL.
new text end

new text begin Section 1 is effective the day after the governing body of Hennepin County and its
chief clerical officer timely complete their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end