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HF 1674

as introduced - 89th Legislature (2015 - 2016) Posted on 06/02/2016 09:23am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to state government; modifying procedures for creation, annexation,
detachment, and dissolution of sanitary districts; modifying filing and
hearing requirements; amending Minnesota Statutes 2014, sections 442A.04,
subdivisions 2, 3, 8, 9; 442A.05, subdivisions 2, 4, 9, 10; 442A.06, subdivisions
2, 4, 9, 10; 442A.07, subdivisions 2, 3, 8, 9; 442A.08; 442A.13, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 442A.04, subdivision 2, is amended to read:


Subd. 2.

Proceeding to create sanitary district.

(a) A proceeding for the creation
of a district may be initiated by a petition to the chief administrative law judge containing
the following:

(1) a request for creation of the proposed district;

(2) the name proposed for the district, to include the words "sanitary district";

(3) a legal description of the territory of the proposed districtdeleted text begin, including justification
for inclusion or exclusion for all parcels
deleted text end;

(4) addresses of every property owner within the proposed district boundaries as
provided by the county auditor, with certification from the county auditor; two sets of
address labels for said owners; and a list of e-mail addresses for said owners, if available;

(5) a statement showing the existence in the territory of the conditions requisite for
creation of a district as prescribed in subdivision 1;

(6) a statement of the territorial units represented by and the qualifications of the
respective signers; and

(7) the post office address of each signer, given under the signer's signature.

A petition may consist of separate writings of like effect, each signed by one or more
qualified persons, and all such writings, when filed, shall be considered together as a
single petition.

(b) Petitioners must conduct and pay for a public meeting to inform citizens of the
proposed creation of the district. At the meeting, information must be provided, including
a description of the district's proposed structure, bylaws, territory, ordinances, budget, and
charges and a description of the territory of the proposed districtdeleted text begin, including justification
for inclusion or exclusion for all parcels
deleted text end. Notice of the meeting must be published for
two successive weeks in a qualified newspaper, as defined under chapter 331A, must
be published within the territory of the proposed district or, if there is no qualified
newspaper published within the territory, in a qualified newspaper of general circulation
in the territory, and must be posted for two weeks in each territorial unit of the proposed
district and on the Web site of the proposed district, if one exists. Notice of the meeting
must be mailed or e-mailed at least three weeks prior to the meeting to all property tax
billing addresses for all parcels included in the proposed district. The following must be
submitted to the chief administrative law judge with the petition:

(1) a record of the meeting, including copies of all information provided at the
meeting;

(2) a copy of the mailing list provided by the county auditor and used to notify
property owners of the meeting;

(3) a copy of the e-mail list used to notify property owners of the meeting;

(4) the printer's affidavit of publication of public meeting notice;

(5) an affidavit of posting the public meeting notice with information on dates and
locations of posting; and

(6) the minutes or other record of the public meeting documenting deleted text beginthatdeleted text end the deleted text beginfollowingdeleted text end
topics new text beginthat new text endwere discusseddeleted text begin:deleted text endnew text begin;new text end printer's affidavit of publication of each resolution, with a
copy of the resolution from the newspaper attached; and the affidavit of resolution posting
on the town or proposed district Web site.

(c) Every petition must be signed as follows:

(1) for each municipality wherein there is a territorial unit of the proposed district,
by an authorized officer pursuant to a resolution of the municipal governing body;

(2) for each organized town wherein there is a territorial unit of the proposed district,
by an authorized officer pursuant to a resolution of the town board; and

(3) for each county wherein there is a territorial unit of the proposed district consisting
of an unorganized area, by an authorized officer pursuant to a resolution of the county
board or by at least 20 percent of the voters residing and owning land within the unit.

(d) Each resolution must be published in the official newspaper of the governing
body adopting it and becomes effective 40 days after publication, unless within said
period there shall be filed with the governing body a petition signed by qualified electors
of a territorial unit of the proposed district, equal in number to five percent of the number
of electors voting at the last preceding election of the governing body, requesting a
referendum on the resolution, in which case the resolution may not become effective until
approved by a majority of the qualified electors voting at a regular election or special
election that the governing body may call. The notice of an election and the ballot to be
used must contain the text of the resolution followed by the question: "Shall the above
resolution be approved?"

(e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
the signer's landowner status as shown by the county auditor's tax assessment records,
certified by the auditor, shall be attached to or endorsed upon the petition.

(f) At any time before publication of the public notice required in subdivision 3,
additional signatures may be added to the petition or amendments of the petition may
be made to correct or remedy any error or defect in signature or otherwise except a
material error or defect in the description of the territory of the proposed district. If the
qualifications of any signer of a petition are challenged, the chief administrative law judge
shall determine the challenge forthwith on the allegations of the petition, the county
auditor's certificate of land ownership, and such other evidence as may be received.

Sec. 2.

Minnesota Statutes 2014, section 442A.04, subdivision 3, is amended to read:


Subd. 3.

Notice of intent to create sanitary district.

(a) Upon receipt of a petition
and the record of the public meeting required under subdivision 2, the chief administrative
law judge shall publish a notice of intent to create the proposed sanitary district in deleted text beginthe
State Register
deleted text endnew text begin a newspaper of general circulation within the territory of the proposed
district,
new text end and mail or e-mail information of that publication to each property owner in the
affected territory at the owner's address as given by the county auditor. deleted text beginThe information
must state the date that the notice will appear in the State Register and give the Web site
location for the State Register.
deleted text end The notice must:

(1) describe the petition for creation of the district;

(2) describe the territory affected by the petition;

(3) allow 30 days for submission of written comments on the petition;

(4) state that a person who objects to the petition may submit a written request for
hearing to the chief administrative law judge within 30 days of the publication of the
notice deleted text beginin the State Registerdeleted text end; and

(5) state that if a timely request for hearing is not received, the chief administrative
law judge may make a decision on the petition.

(b) If 50 or more individual timely requests for hearing are received, the chief
administrative law judge must hold a hearing on the petition according to the contested
case provisions of chapter 14. The sanitary district proposers are responsible for paying all
costs involved in publicizing and holding a hearing on the petition.

Sec. 3.

Minnesota Statutes 2014, section 442A.04, subdivision 8, is amended to read:


Subd. 8.

Notice of order creating sanitary district.

The chief administrative law
judge shall publish a notice deleted text beginin the State Registerdeleted text end of the final order creating a sanitary
districtdeleted text begin, referring to the date of the order and describing the territory of the district,deleted text end new text begin in a
newspaper of general circulation within the territory of the proposed district,
new text endand shall
mail or e-mail deleted text begininformation of the publicationdeleted text endnew text begin a notice of the final order creating a sanitary
district
new text end to each property owner in the affected territory at the owner's address as given by
the county auditor. deleted text beginThe information must state the date that the notice will appear in the
State Register and give the Web site location for the State Register.
deleted text end The notice must:

(1) describe the petition for creation of the district;

(2) describe the territory affected by the petition; and

(3) state that a certified copy of the order shall be delivered to the secretary of state
for filing ten days after deleted text beginpublic noticedeleted text endnew text begin publicationnew text end of the order deleted text beginin the State Registerdeleted text end.

Sec. 4.

Minnesota Statutes 2014, section 442A.04, subdivision 9, is amended to read:


Subd. 9.

Filing.

Ten days after deleted text beginpublic noticedeleted text endnew text begin publicationnew text end of the order deleted text beginin the State
Register
deleted text end, the chief administrative law judge shall deliver a certified copy of the order to
the secretary of state for filing. Thereupon, the creation of the district is deemed complete,
and it shall be conclusively presumed that all requirements of law relating thereto have
been complied with. The chief administrative law judge shall also transmit a certified copy
of the order for filing to the county auditor of each county and the clerk or recorder of
each municipality and organized town wherein any part of the territory of the district is
situated and to the secretary of the district board when elected.

Sec. 5.

Minnesota Statutes 2014, section 442A.05, subdivision 2, is amended to read:


Subd. 2.

Proceeding for annexation.

(a) A proceeding for sanitary district
annexation may be initiated by a petition to the chief administrative law judge containing
the following:

(1) a request for proposed annexation to a sanitary district;

(2) a legal description of the territory of the proposed annexationdeleted text begin, including
justification for inclusion or exclusion for all parcels
deleted text end;

(3) addresses of every property owner within the existing sanitary district and
proposed annexation area boundaries as provided by the county auditor, with certification
from the county auditor; two sets of address labels for said owners; and a list of e-mail
addresses for said owners, if available;

(4) a statement showing the existence in such territory of the conditions requisite
for annexation to a district as prescribed in subdivision 1;

(5) a statement of the territorial units represented by and qualifications of the
respective signers; and

(6) the post office address of each signer, given under the signer's signature.

A petition may consist of separate writings of like effect, each signed by one or more
qualified persons, and all such writings, when filed, shall be considered together as a
single petition.

(b) Petitioners must conduct and pay for a public meeting to inform citizens of the
proposed annexation to a sanitary district. At the meeting, information must be provided,
including a description of the existing sanitary district's structure, bylaws, territory,
ordinances, budget, and charges; a description of the existing sanitary district's territory;
and a description of the territory of the proposed annexation areadeleted text begin, including justification
for inclusion or exclusion for all parcels for the annexation area
deleted text end. Notice of the meeting
must be published for two successive weeks in a qualified newspaper, as defined under
chapter 331A, must be published within the territories of the existing sanitary district and
proposed annexation area or, if there is no qualified newspaper published within those
territories, in a qualified newspaper of general circulation in the territories, and must be
posted for two weeks in each territorial unit of the existing sanitary district and proposed
annexation area and on the Web site of the existing sanitary district, if one exists. Notice
of the meeting must be mailed or e-mailed at least three weeks prior to the meeting to all
property tax billing addresses for all parcels included in the existing sanitary district and
proposed annexation area. The following must be submitted to the chief administrative
law judge with the petition:

(1) a record of the meeting, including copies of all information provided at the
meeting;

(2) a copy of the mailing list provided by the county auditor and used to notify
property owners of the meeting;

(3) a copy of the e-mail list used to notify property owners of the meeting;

(4) the printer's affidavit of publication of the public meeting notice;

(5) an affidavit of posting the public meeting notice with information on dates and
locations of posting; and

(6) the minutes or other record of the public meeting documenting deleted text beginthatdeleted text end the deleted text beginfollowingdeleted text end
topics deleted text beginweredeleted text end discusseddeleted text begin:deleted text endnew text begin;new text end printer's affidavit of publication of each resolution, with a copy of
the resolution from the newspaper attached; and the affidavit of resolution posting on the
town or existing sanitary district Web site.

(c) Every petition must be signed as follows:

(1) by an authorized officer of the existing sanitary district pursuant to a resolution
of the board;

(2) for each municipality wherein there is a territorial unit of the proposed annexation
area, by an authorized officer pursuant to a resolution of the municipal governing body;

(3) for each organized town wherein there is a territorial unit of the proposed
annexation area, by an authorized officer pursuant to a resolution of the town board; and

(4) for each county wherein there is a territorial unit of the proposed annexation area
consisting of an unorganized area, by an authorized officer pursuant to a resolution of the
county board or by at least 20 percent of the voters residing and owning land within the unit.

(d) Each resolution must be published in the official newspaper of the governing
body adopting it and becomes effective 40 days after publication, unless within said
period there shall be filed with the governing body a petition signed by qualified electors
of a territorial unit of the proposed annexation area, equal in number to five percent of the
number of electors voting at the last preceding election of the governing body, requesting
a referendum on the resolution, in which case the resolution may not become effective
until approved by a majority of the qualified electors voting at a regular election or special
election that the governing body may call. The notice of an election and the ballot to be
used must contain the text of the resolution followed by the question: "Shall the above
resolution be approved?"

(e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
the signer's landowner status as shown by the county auditor's tax assessment records,
certified by the auditor, shall be attached to or endorsed upon the petition.

(f) At any time before publication of the public notice required in subdivision 4,
additional signatures may be added to the petition or amendments of the petition may be
made to correct or remedy any error or defect in signature or otherwise except a material
error or defect in the description of the territory of the proposed annexation area. If the
qualifications of any signer of a petition are challenged, the chief administrative law judge
shall determine the challenge forthwith on the allegations of the petition, the county
auditor's certificate of land ownership, and such other evidence as may be received.

Sec. 6.

Minnesota Statutes 2014, section 442A.05, subdivision 4, is amended to read:


Subd. 4.

Notice of intent for sanitary district annexation.

(a) Upon receipt
of a petition and the record of public meeting required under subdivision 2, the chief
administrative law judge shall publish a notice of intent for sanitary district annexation in
deleted text beginthe State Registerdeleted text endnew text begin a newspaper of general circulation within the territories of the existing
sanitary district and proposed annexation area,
new text end and mail or e-mail information of the
publication to each property owner in the affected territory at the owner's address as given
by the county auditor. deleted text beginThe information must state the date that the notice will appear in
the State Register and give the Web site location for the State Register.
deleted text end The notice must:

(1) describe the petition for sanitary district annexation;

(2) describe the territory affected by the petition;

(3) allow 30 days for submission of written comments on the petition;

(4) state that a person who objects to the petition may submit a written request for
hearing to the chief administrative law judge within 30 days of the publication of the
notice deleted text beginin the State Registerdeleted text end; and

(5) state that if a timely request for hearing is not received, the chief administrative
law judge may make a decision on the petition.

(b) If 50 or more individual timely requests for hearing are received, the chief
administrative law judge must hold a hearing on the petition according to the contested case
provisions of chapter 14. The sanitary district or annexation area proposers are responsible
for paying all costs involved in publicizing and holding a hearing on the petition.

Sec. 7.

Minnesota Statutes 2014, section 442A.05, subdivision 9, is amended to read:


Subd. 9.

Notice of order for sanitary district annexation.

The chief administrative
law judge shall publish in deleted text beginthe State Registerdeleted text endnew text begin a newspaper of general circulation within the
territory of the proposed district,
new text end a notice of the final order for sanitary district annexation,
referring to the date of the order and describing the territory of the annexation area, and
shall mail or e-mail deleted text begininformation of the publicationdeleted text endnew text begin a notice of final order for sanitary
district annexation
new text end to each property owner in the affected territory at the owner's address as
given by the county auditor. deleted text beginThe information must state the date that the notice will appear
in the State Register and give the Web site location for the State Register.
deleted text end The notice must:

(1) describe the petition for annexation to the district;

(2) describe the territory affected by the petition; and

(3) state that a certified copy of the order shall be delivered to the secretary of state
for filing ten days after deleted text beginpublicdeleted text end new text beginpublication of the new text endnotice of the order deleted text beginin the State Registerdeleted text end.

Sec. 8.

Minnesota Statutes 2014, section 442A.05, subdivision 10, is amended to read:


Subd. 10.

Filing.

Ten days after deleted text beginpublicdeleted text endnew text begin mailingnew text end notice of the order deleted text beginin the State
Register
deleted text end, the chief administrative law judge shall deliver a certified copy of the order to
the secretary of state for filing. Thereupon, the sanitary district annexation is deemed
complete, and it shall be conclusively presumed that all requirements of law relating thereto
have been complied with. The chief administrative law judge shall also transmit a certified
copy of the order for filing to the county auditor of each county and the clerk or recorder
of each municipality and organized town wherein any part of the territory of the district,
including the newly annexed area, is situated and to the secretary of the district board.

Sec. 9.

Minnesota Statutes 2014, section 442A.06, subdivision 2, is amended to read:


Subd. 2.

Proceeding for detachment.

(a) A proceeding for sanitary district
detachment may be initiated by a petition to the chief administrative law judge containing
the following:

(1) a request for proposed detachment from a sanitary district;

(2) a statement that the requisite conditions for inclusion in a district no longer exist
in the proposed detachment area;

(3) a legal description of the territory of the proposed detachmentdeleted text begin, including
justification for inclusion or exclusion for all parcels
deleted text end;

(4) addresses of every property owner within the sanitary district and proposed
detachment area boundaries as provided by the county auditor, with certification from the
county auditor; two sets of address labels for said owners; and a list of e-mail addresses
for said owners, if available;

(5) a statement of the territorial units represented by and qualifications of the
respective signers; and

(6) the post office address of each signer, given under the signer's signature.

A petition may consist of separate writings of like effect, each signed by one or more
qualified persons, and all such writings, when filed, shall be considered together as a
single petition.

(b) Petitioners must conduct and pay for a public meeting to inform citizens of
the proposed detachment from a sanitary district. At the meeting, information must be
provided, including a description of the existing district's territory and a description of
the territory of the proposed detachment areadeleted text begin, including justification for inclusion or
exclusion for all parcels for the detachment area
deleted text end. Notice of the meeting must be published
for two successive weeks in a qualified newspaper, as defined under chapter 331A, must
be published within the territories of the existing sanitary district and proposed detachment
area or, if there is no qualified newspaper published within those territories, in a qualified
newspaper of general circulation in the territories, and must be posted for two weeks in
each territorial unit of the existing sanitary district and proposed detachment area and on
the Web site of the existing sanitary district, if one exists. Notice of the meeting must be
mailed or e-mailed at least three weeks prior to the meeting to all property tax billing
addresses for all parcels included in the sanitary district. The following must be submitted
to the chief administrative law judge with the petition:

(1) a record of the meeting, including copies of all information provided at the
meeting;

(2) a copy of the mailing list provided by the county auditor and used to notify
property owners of the meeting;

(3) a copy of the e-mail list used to notify property owners of the meeting;

(4) the printer's affidavit of publication of public meeting notice;

(5) an affidavit of posting the public meeting notice with information on dates and
locations of posting; and

(6) the minutes or other record of the public meeting documenting deleted text beginthatdeleted text end the deleted text beginfollowingdeleted text end
topics deleted text beginweredeleted text end discusseddeleted text begin:deleted text endnew text begin;new text end printer's affidavit of publication of each resolution, with a copy of
the resolution from the newspaper attached; and the affidavit of resolution posting on the
town or existing sanitary district Web site.

(c) Every petition must be signed as follows:

(1) by an authorized officer of the existing sanitary district pursuant to a resolution
of the board;

(2) for each municipality wherein there is a territorial unit of the proposed detachment
area, by an authorized officer pursuant to a resolution of the municipal governing body;

(3) for each organized town wherein there is a territorial unit of the proposed
detachment area, by an authorized officer pursuant to a resolution of the town board; and

(4) for each county wherein there is a territorial unit of the proposed detachment area
consisting of an unorganized area, by an authorized officer pursuant to a resolution of the
county board or by at least 20 percent of the voters residing and owning land within the unit.

(d) Each resolution must be published in the official newspaper of the governing
body adopting it and becomes effective 40 days after publication, unless within said period
there shall be filed with the governing body a petition signed by qualified electors of a
territorial unit of the proposed detachment area, equal in number to five percent of the
number of electors voting at the last preceding election of the governing body, requesting
a referendum on the resolution, in which case the resolution may not become effective
until approved by a majority of the qualified electors voting at a regular election or special
election that the governing body may call. The notice of an election and the ballot to be
used must contain the text of the resolution followed by the question: "Shall the above
resolution be approved?"

(e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
the signer's landowner status as shown by the county auditor's tax assessment records,
certified by the auditor, shall be attached to or endorsed upon the petition.

(f) At any time before publication of the public notice required in subdivision 4,
additional signatures may be added to the petition or amendments of the petition may be
made to correct or remedy any error or defect in signature or otherwise except a material
error or defect in the description of the territory of the proposed detachment area. If the
qualifications of any signer of a petition are challenged, the chief administrative law judge
shall determine the challenge forthwith on the allegations of the petition, the county
auditor's certificate of land ownership, and such other evidence as may be received.

Sec. 10.

Minnesota Statutes 2014, section 442A.06, subdivision 4, is amended to read:


Subd. 4.

Notice of intent for sanitary district detachment.

(a) Upon receipt
of a petition and record of public meeting required under subdivision 2, the chief
administrative law judge shall publish a notice of intent for sanitary district detachment in
deleted text beginthe State Registerdeleted text endnew text begin a newspaper of general circulation within the territories of the existing
sanitary district and proposed detachment area,
new text end and mail or e-mail information of the
publication to each property owner in the affected territory at the owner's address as given
by the county auditor. deleted text beginThe information must state the date that the notice will appear in
the State Register and give the Web site location for the State Register.
deleted text end The notice must:

(1) describe the petition for sanitary district detachment;

(2) describe the territory affected by the petition;

(3) allow 30 days for submission of written comments on the petition;

(4) state that a person who objects to the petition may submit a written request for
hearing to the chief administrative law judge within 30 days of the publication of the
notice deleted text beginin the State Registerdeleted text end; and

(5) state that if a timely request for hearing is not received, the chief administrative
law judge may make a decision on the petition.

(b) If 50 or more individual timely requests for hearing are received, the chief
administrative law judge must hold a hearing on the petition according to the contested case
provisions of chapter 14. The sanitary district or detachment area proposers are responsible
for paying all costs involved in publicizing and holding a hearing on the petition.

Sec. 11.

Minnesota Statutes 2014, section 442A.06, subdivision 9, is amended to read:


Subd. 9.

Notice of order for sanitary district detachment.

The chief administrative
law judge shall publish in deleted text beginthe State Registerdeleted text endnew text begin a newspaper of general circulation within the
territory of the proposed district
new text end a notice of the final order for sanitary district detachment,
referring to the date of the order and describing the territory of the detached area and shall
mail or e-mail deleted text begininformation of the publicationdeleted text endnew text begin a notice of the final order for sanitary district
detachment
new text end to each property owner in the affected territory at the owner's address as given
by the county auditor. deleted text beginThe information must state the date that the notice will appear in
the State Register and give the Web site location for the State Register.
deleted text end The notice must:

(1) describe the petition for detachment from the district;

(2) describe the territory affected by the petition; and

(3) state that a certified copy of the order shall be delivered to the secretary of state
for filing ten days after deleted text beginpublicdeleted text endnew text begin publication ofnew text end notice of the order deleted text beginin the State Registerdeleted text end.

Sec. 12.

Minnesota Statutes 2014, section 442A.06, subdivision 10, is amended to read:


Subd. 10.

Filing.

Ten days after deleted text beginpublicdeleted text endnew text begin publication ofnew text end notice of the order deleted text beginin the State
Register
deleted text end, the chief administrative law judge shall deliver a certified copy of the order to
the secretary of state for filing. Thereupon, the sanitary district detachment is deemed
complete, and it shall be conclusively presumed that all requirements of law relating thereto
have been complied with. The chief administrative law judge shall also transmit a certified
copy of the order for filing to the county auditor of each county and the clerk or recorder
of each municipality and organized town wherein any part of the territory of the district,
including the newly detached area, is situated and to the secretary of the district board.

Sec. 13.

Minnesota Statutes 2014, section 442A.07, subdivision 2, is amended to read:


Subd. 2.

Proceeding for dissolution.

(a) A proceeding for sanitary district
dissolution may be initiated by a petition to the chief administrative law judge containing
the following:

(1) a request for proposed sanitary district dissolution;

(2) a statement that the requisite conditions for a sanitary district no longer exist
in the district area;

(3) a proposal for distribution of the remaining funds of the district, if any, among
the related governmental subdivisions;

(4) a legal description of the territory of the proposed dissolution;

(5) addresses of every property owner within the sanitary district boundaries as
provided by the county auditor, with certification from the county auditor; two sets of
address labels for said owners; and a list of e-mail addresses for said owners, if available;

(6) a statement of the territorial units represented by and the qualifications of the
respective signers; and

(7) the post office address of each signer, given under the signer's signature.

A petition may consist of separate writings of like effect, each signed by one or more
qualified persons, and all such writings, when filed, shall be considered together as a
single petition.

(b) Petitioners must conduct and pay for a public meeting to inform citizens of the
proposed dissolution of a sanitary district. At the meeting, information must be provided,
including a description of the existing district's territory. Notice of the meeting must be
published for two successive weeks in a qualified newspaper, as defined under chapter
331A, must be published within the territory of the sanitary district or, if there is no
qualified newspaper published within that territory, in a qualified newspaper of general
circulation in the territory, and must be posted for two weeks in each territorial unit of
the sanitary district and on the Web site of the existing sanitary district, if one exists.
Notice of the meeting must be mailed or e-mailed at least three weeks prior to the meeting
to all property tax billing addresses for all parcels included in the sanitary district. The
following must be submitted to the chief administrative law judge with the petition:

(1) a record of the meeting, including copies of all information provided at the
meeting;

(2) a copy of the mailing list provided by the county auditor and used to notify
property owners of the meeting;

(3) a copy of the e-mail list used to notify property owners of the meeting;

(4) the printer's affidavit of publication of public meeting notice;

(5) an affidavit of posting the public meeting notice with information on dates and
locations of posting; and

(6) the minutes or other record of the public meeting documenting deleted text beginthatdeleted text end the deleted text beginfollowingdeleted text end
topics deleted text beginweredeleted text end discusseddeleted text begin:deleted text endnew text begin;new text end printer's affidavit of publication of each resolution, with a copy of
the resolution from the newspaper attached; and the affidavit of resolution posting on the
town or existing sanitary district Web site.

(c) Every petition must be signed as follows:

(1) by an authorized officer of the existing sanitary district pursuant to a resolution
of the board;

(2) for each municipality wherein there is a territorial unit of the existing sanitary
district, by an authorized officer pursuant to a resolution of the municipal governing body;

(3) for each organized town wherein there is a territorial unit of the existing sanitary
district, by an authorized officer pursuant to a resolution of the town board; and

(4) for each county wherein there is a territorial unit of the existing sanitary district
consisting of an unorganized area, by an authorized officer pursuant to a resolution of the
county board or by at least 20 percent of the voters residing and owning land within the unit.

(d) Each resolution must be published in the official newspaper of the governing body
adopting it and becomes effective 40 days after publication, unless within said period there
shall be filed with the governing body a petition signed by qualified electors of a territorial
unit of the district, equal in number to five percent of the number of electors voting at the
last preceding election of the governing body, requesting a referendum on the resolution,
in which case the resolution may not become effective until approved by a majority of the
qualified electors voting at a regular election or special election that the governing body
may call. The notice of an election and the ballot to be used must contain the text of the
resolution followed by the question: "Shall the above resolution be approved?"

(e) If any signer is alleged to be a landowner in a territorial unit, a statement as to
the signer's landowner status as shown by the county auditor's tax assessment records,
certified by the auditor, shall be attached to or endorsed upon the petition.

(f) At any time before publication of the public notice required in subdivision 3,
additional signatures may be added to the petition or amendments of the petition may be
made to correct or remedy any error or defect in signature or otherwise except a material
error or defect in the description of the territory of the proposed dissolution area. If the
qualifications of any signer of a petition are challenged, the chief administrative law judge
shall determine the challenge forthwith on the allegations of the petition, the county
auditor's certificate of land ownership, and such other evidence as may be received.

Sec. 14.

Minnesota Statutes 2014, section 442A.07, subdivision 3, is amended to read:


Subd. 3.

Notice of intent for sanitary district dissolution.

(a) Upon receipt
of a petition and record of the public meeting required under subdivision 2, the chief
administrative law judge shall publish a notice of intent of sanitary district dissolution deleted text beginin
the State Register
deleted text endnew text begin in a newspaper of general circulation within the territory of the proposed
dissolution area,
new text end and mail or e-mail information of the publication to each property
owner in the affected territory at the owner's address as given by the county auditor. deleted text beginThe
information must state the date that the notice will appear in the State Register and give
the Web site location for the State Register.
deleted text end The notice must:

(1) describe the petition for sanitary district dissolution;

(2) describe the territory affected by the petition;

(3) allow 30 days for submission of written comments on the petition;

(4) state that a person who objects to the petition may submit a written request for
hearing to the chief administrative law judge within 30 days of the publication of the
notice deleted text beginin the State Registerdeleted text end; and

(5) state that if a timely request for hearing is not received, the chief administrative
law judge may make a decision on the petition.

(b) If 50 or more individual timely requests for hearing are received, the chief
administrative law judge must hold a hearing on the petition according to the contested
case provisions of chapter 14. The sanitary district dissolution proposers are responsible
for paying all costs involved in publicizing and holding a hearing on the petition.

Sec. 15.

Minnesota Statutes 2014, section 442A.07, subdivision 8, is amended to read:


Subd. 8.

Notice of order for sanitary district dissolution.

The chief administrative
law judge shall publish in deleted text beginthe State Registerdeleted text endnew text begin a newspaper of general circulation within the
territory of the proposed district
new text end a notice of the final order for sanitary district dissolution,
referring to the date of the order and describing the territory of the dissolved district and
shall mail or e-mail deleted text begininformation of the publicationdeleted text endnew text begin a notice of the final order for sanitary
district dissolution
new text end to each property owner in the affected territory at the owner's address as
given by the county auditor. deleted text beginThe information must state the date that the notice will appear
in the State Register and give the Web site location of the State Register.
deleted text end The notice must:

(1) describe the petition for dissolution of the district;

(2) describe the territory affected by the petition; and

(3) state that a certified copy of the order shall be delivered to the secretary of state
for filing ten days after deleted text beginpublicdeleted text endnew text begin publication ofnew text end notice of the order deleted text beginin the State Registerdeleted text end.

Sec. 16.

Minnesota Statutes 2014, section 442A.07, subdivision 9, is amended to read:


Subd. 9.

Filing.

(a) Ten days after deleted text beginpublicdeleted text endnew text begin publication ofnew text end notice of the order deleted text beginin the
State Register
deleted text end, the chief administrative law judge shall deliver a certified copy of the order
to the secretary of state for filing. Thereupon, the sanitary district dissolution is deemed
complete, and it shall be conclusively presumed that all requirements of law relating
thereto have been complied with. The chief administrative law judge shall also transmit a
certified copy of the order for filing to the county auditor of each county and the clerk or
recorder of each municipality and organized town wherein any part of the territory of the
dissolved district is situated and to the secretary of the district board.

(b) The chief administrative law judge shall also transmit a certified copy of the order
to the treasurer of the district, who must thereupon distribute the remaining funds of the
district as directed by the order and who is responsible for the funds until so distributed.

Sec. 17.

Minnesota Statutes 2014, section 442A.08, is amended to read:


442A.08 JOINT PUBLIC INFORMATIONAL MEETING.

new text begin In all cases that proceed to a contested case hearing, new text endthere must be a joint public
informational meeting of the local governments of any proposed sanitary district creation,
annexation, detachment, or dissolution. The joint public informational meeting must
be held after the final mediation meeting or the final meeting held according to section
442A.02, subdivision 8, if any, and before the hearing on the matter is held. If no
mediation meetings are held, the joint public informational meeting must be held after the
initiating documents have been filed and before the hearing on the matter. The time, date,
and place of the public informational meeting must be determined jointly by the local
governments in the proposed creation, annexation, detachment, or dissolution areas and by
the sanitary district, if one exists. The chair of the sanitary district, if one exists, and the
responsible official for one of the local governments represented at the meeting must serve
as the co-chairs for the informational meeting. Notice of the time, date, place, and purpose
of the informational meeting must be posted by the sanitary district, if one exists, and local
governments in designated places for posting notices. The sanitary district, if one exists,
and represented local governments must also publish, at their own expense, notice in their
respective official newspapers. If the same official newspaper is used by multiple local
government representatives or the sanitary district, a joint notice may be published and the
costs evenly divided. All notice required by this section must be provided at least ten days
before the date for the public informational meeting. At the public informational meeting,
all persons appearing must have an opportunity to be heard, but the co-chairs may, by
mutual agreement, establish the amount of time allowed for each speaker. The sanitary
district board, the local government representatives, and any resident or affected property
owner may be represented by counsel and may place into the record of the informational
meeting documents, expert opinions, or other materials supporting their positions on
issues raised by the proposed proceeding. The secretary of the sanitary district, if one
exists, or a person appointed by the chair must record minutes of the proceedings of the
informational meeting and must make an audio recording of the informational meeting.
The sanitary district, if one exists, or a person appointed by the chair must provide the
chief administrative law judge and the represented local governments with a copy of the
printed minutes and must provide the chief administrative law judge and the represented
local governments with a copy of the audio recording. The record of the informational
meeting for a proceeding under section 442A.04, 442A.05, 442A.06, or 442A.07 is
admissible in any proceeding under this chapter and shall be taken into consideration by
the chief administrative law judge or the chief administrative law judge's designee.

Sec. 18.

Minnesota Statutes 2014, section 442A.13, subdivision 1, is amended to read:


Subdivision 1.

Hearings.

(a) Proceedings initiated by the submission of an initiating
document or by the chief administrative law judge shall deleted text begincome ondeleted text endnew text begin be schedulednew text end for hearing
within 30 to 60 days from receipt of the document by the chief administrative law judge or
from the date of the chief administrative law judge's action, and the person conducting the
hearing must submit an order no later than one year from the date of the first hearing.

(b) The place of the hearing shall be in the county where a majority of the affected
territory is situated, and shall be established for the convenience of the parties.

(c) The chief administrative law judge shall mail notice of the hearing to the
following parties: the sanitary district; any township or municipality presently governing
the affected territory; any township or municipality abutting the affected territory;
the county where the affected territory is situated; and each planning agency that has
jurisdiction over the affected area.

(d) The chief administrative law judge shall see that notice of the hearing is published
for two successive weeks in a legal newspaper of general circulation in the affected area.

(e) When the chief administrative law judge exercises authority to change the
boundaries of the affected area so as to increase the quantity of land, the hearing shall
be recessed and reconvened upon two weeks' published notice in a legal newspaper of
general circulation in the affected area.