HF 1762

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to statutory cities; providing mechanisms for discharge of city charter
commission; amending Minnesota Statutes 2006, section 410.05, subdivision 5.

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

Section 1.

Minnesota Statutes 2006, section 410.05, subdivision 5, is amended to read:

Subd. 5.

Discharge.

new text begin (a) The charter commission of a statutory city may be
discharged by any of the methods provided in this paragraph. Another commission may
not be formed sooner than one year from the date of discharge.
new text end

new text begin (1) new text end If the charter commission of a statutory city determines that a charter is not
necessary or desirable, the commission may be discharged by a vote of three-fourths of
its members. deleted text begin Another commission may not be formed sooner than one year from the
date of discharge.
deleted text end

new text begin (2) If less than 25 percent of those voting on the question vote in favor of adopting
the charter proposed by the commission, the charter commission is discharged.
new text end

new text begin (3) If between 25 and 50 percent of those voting on the question vote in favor of
adopting the charter proposed by the commission, the charter commission is discharged if
a petition requesting discharge of the charter commission, signed by at least ten percent of
the number of registered voters of the city, as shown by the returns of the last regular city
election, or upon resolution of the governing body of the city requesting such action, is
presented to the commission and the city clerk.
new text end

new text begin (4) If between 25 and 50 percent of those voting on the question vote in favor of
adopting the charter proposed by the commission, an election on the question of whether
to discharge the charter commission must be held if a petition requesting an election on
the question, signed by at least five percent of the number of registered voters of the
city, as shown by the returns of the last regular city election, or upon resolution of the
governing body of the city requesting such action, is presented to the commission and the
city clerk. The question of whether to discharge the charter commission must be on the
ballot at the next regular city election that is more than a?| days after the commission and
the city clerk receive the petition. The question on the ballot must read: "Shall the charter
commission be discharged and cease to exist? A "yes" vote means the current charter
commission will be discharged and cease to exist and another charter commission cannot
be appointed for one year." The question must be followed by the words "Yes" and "No"
with an appropriate space by each in which to indicate the vote.
new text end

new text begin (b) If a charter is not adopted within five years of the appointment of the charter
commission, the charter commission is discharged. Another commission may not be
formed sooner than one year from the date of discharge.
new text end