3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the state demographer; changing procedures 1.3 for certain population and related estimates; amending 1.4 Minnesota Statutes 1996, sections 4A.02; 379.02; and 1.5 414.01, subdivision 14; repealing Minnesota Statutes 1.6 1996, section 414.033, subdivision 9. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 1996, section 4A.02, is 1.9 amended to read: 1.10 4A.02 [STATE DEMOGRAPHER.] 1.11 (a) The director shall appoint a state demographer. The 1.12 demographer must be professionally competent in demography and 1.13 must possess demonstrated ability based upon past performance. 1.14 (b) The demographer shall: 1.15 (1) continuously gather and develop demographic data 1.16 relevant to the state; 1.17 (2) design and test methods of research and data 1.18 collection; 1.19 (3) periodically prepare population projections for the 1.20 state and designated regions and periodically prepare 1.21 projections for each county or other political subdivision of 1.22 the state as necessary to carry out the purposes of this 1.23 section; 1.24 (4) review, comment on, and prepare analysis of population 1.25 estimates and projections made by state agencies, political 1.26 subdivisions, other states, federal agencies, or nongovernmental 2.1 persons, institutions, or commissions; 2.2 (5) serve as the state liaison with the
federalUnited 2.3 States Bureau of the Census, coordinate state and federal 2.4 demographic activities to the fullest extent possible, and aid 2.5 the legislature in preparing a census data plan and form for 2.6 each decennial census; 2.7 (6) compile an annual study of population estimates on the 2.8 basis of county, regional, or other political or geographical 2.9 subdivisions as necessary to carry out the purposes of this 2.10 section and section 4A.03; 2.11 (7) by January 1 of each year, issue a report to the 2.12 legislature containing an analysis of the demographic 2.13 implications of the annual population study and population 2.14 projections; 2.15 (8) prepare maps for all counties in the state, all 2.16 municipalities with a population of 10,000 or more, and other 2.17 municipalities as needed for census purposes, according to scale 2.18 and detail recommended by the federalUnited States Bureau of 2.19 the Census, with the maps of cities showing precinct boundaries; 2.20 and2.21 (9) prepare an estimate of population and of the number of 2.22 households for each governmental subdivision for which the 2.23 metropolitan council does not prepare an annual estimate, and 2.24 convey the estimates to the governing body of each political 2.25 subdivision by May 1 of each year; 2.26 (10) direct, under section 414.01, subdivision 14, and 2.27 certify population and household estimates of annexed or 2.28 detached areas of municipalities or towns after being notified 2.29 of the order or letter of approval by the Minnesota municipal 2.30 board; and 2.31 (11) prepare, for any purpose for which a population 2.32 estimate is required by law or needed to implement a law, a 2.33 population estimate of a municipality or town whose population 2.34 is affected by action under section 2 or 3. 2.35 (c) A governing body may challenge an estimate made under 2.36 paragraph (b) by filing their specific objections in writing 3.1 with the state demographer by June 10. If the challenge does 3.2 not result in an acceptable estimate by June 24, the governing 3.3 body may have a special census conducted by the United States 3.4 Bureau of the Census. The political subdivision must notify the 3.5 state demographer by July 1 of its intent to have the special 3.6 census conducted. The political subdivision must bear all costs 3.7 of the special census. Results of the special census must be 3.8 received by the state demographer by the next April 15 to be 3.9 used in that year's May 1 estimate to the political subdivision 3.10 under paragraph (b). 3.11 Sec. 2. Minnesota Statutes 1996, section 379.02, is 3.12 amended to read: 3.13 379.02 [TOWNS, CHANGE OF BOUNDARIES AND NAMES.] 3.14 The county board may alter the boundaries of towns, or 3.15 partition any town among other towns within the county by 3.16 attaching a part of one town to another, or by dividing one town 3.17 and attaching the parts to other towns, or by forming a new town 3.18 from the territory of one or more towns, or from territory not 3.19 before included in a town, whenever it is made to appear 3.20 necessary or expedient, by a petition for that purpose signed by 3.21 not less than 20 legal voters residing within the territory to 3.22 be affected. The county board may, upon notice as provided in 3.23 section 379.03, alter the boundaries or change the name of any 3.24 town within the county by attaching thereto unorganized 3.25 territory abutting thereon within the county, after a petition 3.26 for that purpose, signed by not less than 20 legal voters 3.27 residing within the unorganized territory proposed to be 3.28 attached, is approved by the town board of the town to which the 3.29 territory is proposed to be attached. No town shall be so 3.30 formed, having less than 36 square miles, nor have its 3.31 boundaries so changed as to reduce its territory below that 3.32 area, unless after such division it shall have at least 25 3.33 qualified voters therein, and real estate valued at the last 3.34 preceding assessment at $30,000 or more; and no town shall be 3.35 divided or have any part detached therefrom so as to make its 3.36 area less than 36 square miles, except upon the petition of at 4.1 least two-thirds of the legal voters residing in one or both 4.2 subdivisions or parts. The county auditor must notify the state 4.3 demographer of any boundary or name changes. The county shall 4.4 prepare an estimate of the population and the number of 4.5 households in the attached or detached area. The estimate must 4.6 be certified by the state demographer. The estimate must 4.7 estimate the population as of the effective date of the county 4.8 board's resolution and must be so dated. 4.9 Sec. 3. Minnesota Statutes 1996, section 414.01, 4.10 subdivision 14, is amended to read: 4.11 Subd. 14. [POPULATION OF CHANGED TERRITORY.] When a board 4.12 order or approval letter enlarges or diminishes the area of an 4.13 existing municipality or town, the population of the annexed or4.14 detached area shall be as found by the board at its hearing or,4.15 in cases in which no hearing by the board for the boundary4.16 change is required, as stated in the resolution or ordinance.4.17 The effective date of the population change shall be the same as4.18 the effective date of the order whether or not the order is from4.19 a hearing or from the approval of an annexation resolution or4.20 ordinance.the board shall communicate its population finding4.21 order or approval letter to the municipality and the state 4.22 demographer. state demographer who shall incorporate that data4.23 intoThe municipality shall prepare an estimate of 4.24 population estimateand of the number of households for the 4.25 annexed or detached area of the municipality or town. The 4.26 estimate shall be certified by the state demographer. The 4.27 estimate must estimate the population as of the effective date 4.28 of the board order or approval letter and must be so dated. 4.29 When a new municipality is created by an order of the board, the 4.30 municipality shall request a separation census from the United 4.31 States bureau of the census and bear any costs incurred. 4.32 Sec. 4. [REPEALER.] 4.33 Minnesota Statutes 1996, section 414.033, subdivision 9, is 4.34 repealed.