Minnesota Legislature
HF 3071
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/28/2006 |
Current Version - as introduced
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A bill for an act
relating to waters; modifying provisions for watershed districts; providing for
election of managers; amending Minnesota Statutes 2004, section 103D.271,
subdivision 4, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 103D; repealing Minnesota Statutes 2004,
sections 103D.271, subdivision 6; 103D.301; 103D.305; 103D.311; 103D.315,
subdivisions 6, 7; Minnesota Statutes 2005 Supplement, section 103D.315,
subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 103D.271, is amended by adding a
subdivision to read:
new text begin Subd. 3a. new text end
new text begin Automatic termination. new text end
new text begin
If a watershed district has not successfully
completed a project within five years of establishment, the district is automatically
terminated and the board may issue a termination order under the conditions of subdivision
10.
new text end
Sec. 2.
Minnesota Statutes 2004, section 103D.271, subdivision 4, is amended to read:
Subd. 4.
Termination petition.
(a) The termination petition must be signed by at
least deleted text begin 25deleted text end new text begin 20new text end percent of the deleted text begin resident owners residingdeleted text end new text begin landownersnew text end in the watershed district.
The termination petition must state that the existence of the watershed district deleted text begin doesdeleted text end new text begin hasnew text end not
deleted text begin benefitdeleted text end new text begin substantially benefitted new text end the public welfare deleted text begin and public interestdeleted text end and the watershed
district new text begin has failed to propose and complete proposed project plans within five years of
establishment or new text end is not needed to accomplish the purposes of this chapter.
(b) The petitioners must file a copy of the termination petition with the auditors of
the counties affected by the watershed district. The original termination petition with a
statement signed for delivery or receipt of each of the termination petitions submitted to
the auditors of counties affected by the watershed district must be filed with the board.
new text begin
(c) If the signed petitioners comprise 40 percent or more of the resident landowners
in the watershed district, a hearing is not required under subdivision 7 and the watershed
district is terminated under the conditions of subdivision 10.
new text end
Sec. 3.
new text begin
[103D.275] GENERAL ELECTION OF MANAGERS.
new text end
new text begin Subdivision 1. new text end
new text begin Time for election. new text end
new text begin
Elections must be held at the state general
election specified in section new text begin 204D.03, subdivision 2new text end . A primary may not be held.
new text end
new text begin Subd. 2. new text end
new text begin Filing for office; affidavit of candidacy. new text end
new text begin
A candidate for the office of
manager shall file an affidavit of candidacy with the county auditor of the county in which
the watershed district office is located during the period provided for filing affidavits
of candidacy for county offices in section new text begin 204B.09, subdivision 1new text end . The county auditor
accepting affidavits of candidacy shall forward copies of all affidavits filed by candidates
for manager to the auditor of any other county in which the office is voted on.
new text end
new text begin Subd. 3. new text end
new text begin Ballots. new text end
new text begin
Ballots shall be prepared by the county auditor. The names of
candidates shall be placed on the "canary ballot" described in section new text begin 204D.11, subdivision
3new text end .
new text end
new text begin Subd. 4. new text end
new text begin Election. new text end
new text begin
Laws relating to elections for county office shall govern to the
extent that they are consistent with this section and section The county auditor
shall certify the result to the board. If the watershed district includes land in more than one
county, the county auditor shall immediately certify to the board the vote, as shown by the
report of the county canvassing board, for candidates voted for in more than one county.
In the latter case, the board shall certify and publish the result.
new text end
new text begin Subd. 5. new text end
new text begin Election within areas governed by Indian tribes. new text end
new text begin
In a watershed district
where a manager nomination district is entirely within lands of an American Indian tribe
or band to which state election laws do not apply, a manager to represent the district shall
be elected or appointed as provided by the governing body of the tribe or band.
new text end
new text begin Subd. 6. new text end
new text begin Vacancy. new text end
new text begin
(a) If a vacancy occurs in the office of an elected manager
more than 56 days before the next state primary, the watershed district board shall fill the
vacancy by appointment. The manager appointed shall hold office until the first Monday
in January following the next general election. A successor shall be elected at the general
election following the appointment and hold office for the remainder of the term or for the
next regular term, whichever is appropriate.
new text end
new text begin
(b) If a vacancy occurs less than 56 days before the next state primary, the watershed
district board shall fill the vacancy by appointment. The appointed manager shall hold
office until the expiration of the term or until the first Monday in January following the
second succeeding general election, whichever is shorter. A successor shall be elected
at the general election preceding expiration of the appointed term and hold office for the
remainder of the term or for the next regular term, whichever is appropriate.
new text end
new text begin
(c) All terms under this subdivision continue until a successor has been elected and
has qualified.
new text end
Sec. 4.
new text begin
[103D.276] FORMATION OF MANAGER DISTRICTS.
new text end
new text begin Subdivision 1. new text end
new text begin Managers elected at large. new text end
new text begin
(a) The watershed district board shall,
with the approval of the Board of Water and Soil Resources, divide a watershed district
into manager districts for purposes of nomination for election. At each election after
the division, one or more managers shall be nominated from each manager district. A
manager must be a resident of the manager district to be elected.
new text end
new text begin
(b) If the boundary of a watershed district has been substantially changed by a
division of the district, the district shall be divided into manager districts for nomination
purposes.
new text end
new text begin
(c) This subdivision does not disqualify a manager during the term for which the
manager was elected or nominated for election. Managers nominated from the manager
districts shall be included on the ballot for election from the entire area included in the
watershed district.
new text end
new text begin
(d) A certified copy of the minutes or the resolution of the managers establishing
manager districts must be promptly filed by the chair of the watershed district board with
the county auditor of the counties where the district is located and with the Board of
Water and Soil Resources.
new text end
new text begin Subd. 2. new text end
new text begin Managers elected by districts. new text end
new text begin
(a) The watershed district board, with
the approval of the Board of Water and Soil Resources, may by resolution provide that
managers will be elected by manager districts as provided in this subdivision.
new text end
new text begin
(b) The manager districts must be composed of precincts established by county
and municipal governing bodies under section . The districts must be compact,
include only contiguous territory, and be substantially equal in population. The districts
must be numbered in a regular series. The districts must be drawn by the county board of
the county containing the largest area of the watershed district, in consultation with the
watershed district board and with the approval of the Board of Water and Soil Resources.
The boundaries of the districts must be redrawn after each decennial federal census as
provided in section . A certified copy of the resolution establishing manager
districts must be filed by the chair of the watershed district board with the county auditor
of the counties where the watershed district is located, with the Board of Water and Soil
Resources, and with the secretary of state at least 30 days before the first date candidates
may file for the office of manager.
new text end
new text begin
(c) Each manager district is entitled to elect one manager. A manager must be a
resident of the watershed district from which elected.
new text end
new text begin
(d) The watershed district board shall provide staggered terms for managers elected
by district. After each redistricting, there shall be a new election of managers in all the
districts at the next general election, except that if the change made in the boundaries of a
district is less than five percent of the average population of all the districts, the manager
in office at the time of the redistricting shall serve for the full term for which elected.
The watershed district board shall determine by lot the seats to be filled for a two-year
term, a four-year term, and a six-year term.
new text end
Sec. 5.
new text begin
[103D.277] MANAGERS.
new text end
new text begin Subdivision 1. new text end
new text begin Members. new text end
new text begin
(a) Except as provided in paragraph (c), the watershed
district board shall consist of five managers, elected or appointed as provided in sections
new text begin 103D.225, subdivision 4, and 103D.275.
new text end
new text end
new text begin
(b) Managers must be eligible voters residing in the watershed district.
new text end
new text begin
(c) In counties where the county board consists of seven members and districts have
been divided into manager districts under section new text begin 103D.276, subdivision 2new text end , the county
board may establish seven manager districts, elected or appointed as provided in sections
103D.225, subdivision 4, new text begin 103D.275, new text end and new text begin 103D.276, subdivision 2new text end .
new text end
new text begin Subd. 2. new text end
new text begin Terms. new text end
new text begin
The managers appointed by the board upon the establishment of
a watershed district serve terms ending as provided in section new text begin 103D.225, subdivision 4new text end .
Their successors shall be elected for terms of four years commencing on the first Monday
in January and until a successor is elected or appointed and has qualified. Vacancies in the
office of manager appointed by the board shall be filled by the board.
new text end
new text begin Subd. 3. new text end
new text begin Quorum. new text end
new text begin
A majority of the managers is a quorum and the concurrence of
a majority in any matter is required for its determination except as otherwise expressly
provided.
new text end
new text begin Subd. 4. new text end
new text begin Compensation. new text end
new text begin
A manager shall receive compensation for services
up to $75 per day and may be reimbursed for expenses, including traveling expenses,
necessarily incurred in the discharge of duties. A manager may be reimbursed for the use
of the manager's own automobile in the performance of official duties at a rate up to the
maximum tax-deductible mileage rate permitted under the federal Internal Revenue Code.
new text end
new text begin Subd. 5. new text end
new text begin Removal of manager. new text end
new text begin
A manager may be removed from office according
to sections to for malfeasance or nonfeasance in office, but for no other
reason.
new text end
new text begin Subd. 6. new text end
new text begin Compatible offices. new text end
new text begin
The office of watershed district manager and the
offices of mayor, clerk, clerk-treasurer, or council member in a statutory or home rule
charter city of not more than 2,500 population contained in whole or in part in the
watershed district are compatible offices and one person may hold both offices. The office
of watershed district manager and the office of town clerk or town manager in a town of
not more than 2,500 population contained in whole or in part in the watershed district are
compatible offices and one person may hold both offices. A person holding both offices
shall refrain from voting or taking any other formal action on any matter coming before
the watershed district board or the city council or town board that has a substantial effect
on both the watershed district and the city or town. This subdivision does not apply to an
office located in whole or in part in Anoka, Hennepin, Ramsey, or Washington County.
new text end
Sec. 6. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, sections 103D.271, subdivision 6; 103D.301; 103D.305;
103D.311; and 103D.315, subdivisions 6 and 7;
new text end
new text begin
and
new text end
new text begin
Minnesota Statutes 2005 Supplement,
section 103D.315, subdivision 8,
new text end
new text begin
are repealed.
new text end
Sec. 7. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 6 are effective January 1, 2007.
new text end