HF 2466

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 03:05pm

A bill for an act
relating to annexation; providing for a referendum by petition in an orderly
annexation proceeding; requiring a stay of a final annexation under certain
conditions; amending Minnesota Statutes 2010, sections 414.031, subdivision
1a, by adding a subdivision; 414.033, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 414.

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

Section 1.

Minnesota Statutes 2010, section 414.031, subdivision 1a, is amended to
read:

Subd. 1a.

Notice of intent to annex.

At least 30 days before submitting a petition
or resolution to the chief administrative law judge under this section, the petitioning
municipality or petitioning property owner or supporting municipality must serve the
township clerk of the affected township by certified mail new text begin , and publish in the official
newspaper of the town, new text end a notice of the petitioning municipality's or the petitioning
property owner's intent to annex property within the township. The notice must clearly
identify the boundaries of the area proposed to be annexed.

Sec. 2.

Minnesota Statutes 2010, section 414.031, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Referendum alternative. new text end

new text begin The town board or city council may by
resolution, and shall upon timely receipt of a petition signed by a number of residents
equal to at least 20 percent of the votes cast in the most recent applicable town or city
general election, notify the chief administrative law judge that the jurisdiction is requesting
the proposed annexation be decided by a referendum as provided in section 414.0315
instead of the process otherwise required by this section. The request for a referendum
must be submitted to the chief administrative law judge no later than 20 days following
the joint informational meeting provided in section 414.033.
new text end

Sec. 3.

new text begin [414.0315] REFERENDUM.
new text end

new text begin If a request for a referendum is received as provided in section 414.031, subdivision
1b, the chief administrative law judge shall, except as provided in this section, stay all
further proceedings on the petition and shall order the city and town to each conduct
a referendum on the proposed annexation. If the order for a referendum is issued no
more than 120 days and no less than 90 days before a scheduled state primary or general
election, or any election being conducted in both the city and town, the referendum shall
be conducted at the same time as that election. If the order is issued no more than 120 days
and no less than 90 days before a primary or general election being held in either the city
or town, but not both, the referendum shall be scheduled for the day of that election and
shall be treated as a special election for the entity not originally conducting an election on
that day. In all other situations, the referendum shall be treated as a special election on a
date ordered by the chief administrative law judge. The referendum shall be conducted
in accordance with all applicable election laws. Prior to the election, the city and town
shall hold the joint informational meeting as provided in section 414.0333. The ballot
question shall read "Should the property identified in [insert OAH file number] be annexed
from [insert township] Township to the City of [insert city]?" The ballot shall in all other
manner conform to the requirements of applicable election laws. After the election results
from both the city and town have been certified, the results shall be provided to the chief
administrative law judge. If at least 75 percent of the voters voting on the question in the
city referendum and at least 75 percent of the voters voting on the question in the town
referendum approve the annexation, the chief administrative law judge shall order the
annexation as if approved under section 414.031. If the question fails to be approved by at
least 75 percent of the voters voting on the question in either the city or town, the chief
administrative law judge must deny the annexation as provided under section 414.031.
If an annexation is denied pursuant to this section, no petition submitted under section
414.031 seeking to annex 25 percent or more of the same land may be accepted by the
chief administrative law judge for the three years immediately following the order denying
the annexation rejected by the voters.
new text end

Sec. 4.

Minnesota Statutes 2010, section 414.033, is amended by adding a subdivision
to read:

new text begin Subd.14. new text end

new text begin Stay of final order. new text end

new text begin Notwithstanding the provisions of this section, the
chief administrative law judge shall not issue a final order relating to a proposed annexation
under this section unless: (1) the governing body of any town affected by the annexation
adopts a resolution requesting the chief administrative law judge to issue the final order
and submits it to the chief administrative law judge; and (2) all property owners in the area
to be annexed submit to the administrative law judge a request for the final order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 1, 2012, and applies to
annexation proceedings begun on or after that date.
new text end