SF 1658

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/02/2021 09:48am

A bill for an act
relating to local government; providing for towns to adopt home rule charters;
requiring a report; proposing coding for new law in Minnesota Statutes, chapter
365.

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

Section 1.

new text begin [365.70] DEFINITIONS RELATING TO TOWNS.
new text end

new text begin The term "town" means any town that has not adopted a home rule charter as provided
in this chapter. "Home rule charter town" means a town that has adopted a home rule charter.
In any law enacted after the effective date of this section, "town" when used without further
description means a town that has not adopted a charter.
new text end

Sec. 2.

new text begin [365.71] HOME RULE CHARTERS; TOWNS.
new text end

new text begin Any town in the state may prepare and adopt a town charter as provided in this chapter.
new text end

Sec. 3.

new text begin [365.72] CHARTER COMMISSION; TOWNS.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment; size of charter commission. new text end

new text begin (a) The chief judge of the
district court of the judicial district in which the town is located shall appoint an initial
charter commission to frame a charter if:
new text end

new text begin (1) the district court deems it to be in the best interest of the town;
new text end

new text begin (2) a petition signed by at least ten percent of the registered voters of the town requesting
the district court to appoint a charter commission is filed with the district court. The petition
must meet the requirements of the secretary of state, as provided in section 204B.071, and
any rules adopted to implement that section; or
new text end

new text begin (3) a resolution adopted by the town board of supervisors requesting the district court
to appoint a charter commission is filed with the district court.
new text end

new text begin (b) The chief judge of the district court shall appoint at least seven but not more than 15
registered voters of the town to serve as charter commissioners. If the charter commission
is appointed pursuant to a petition or resolution, the size of the commission shall be as
specified in the petition or resolution.
new text end

new text begin (c) An adopted town home rule charter may provide for the size of the charter
commission, which shall be at least seven but not more than 15 members.
new text end

new text begin (d) A town board of supervisors, a charter commission, or the petitioners requesting the
appointment of a charter commission may submit to the court the names of eligible nominees
which the district court may consider in making appointments to the charter commission.
new text end

new text begin Subd. 2. new text end

new text begin Ineligible to serve on charter commission. new text end

new text begin Except as otherwise provided in
the charter, no person shall be disqualified from serving on a charter commission by reason
of holding any other elective or appointive office other than judicial. The charter may provide
that members of the town board of supervisors cannot serve on the charter commission.
new text end

new text begin Subd. 3. new text end

new text begin Terms. new text end

new text begin (a) Each charter commission member shall serve for a term of six years
and until the member's successor is appointed and qualified. The district court appointments
for the initial charter commission shall provide for staggered terms so that approximately
one-third of the commissioners' terms expire every two years.
new text end

new text begin (b) Appointments shall be made by order filed with the court administrator of the district
court. An appointee who neglects to file with the court administrator within 30 days a written
acceptance and oath of office shall be deemed to have declined the appointment and the
place shall be filled as if the appointee had resigned.
new text end

new text begin (c) The commission shall submit to the chief judge of the district court, on or before
December 31 each year, an annual report outlining its activities and accomplishments for
the preceding calendar year. The commission shall forward a copy of the report to the clerk
of the town.
new text end

new text begin (d) Upon the expiration of each term, the chief judge shall appoint new commission
members. If the chief judge fails to either appoint new commission members within 30 days
or provide written notice to the town board within the 30 days that the appointment will be
made within 60 days, then the town board of supervisors shall appoint new commission
members.
new text end

new text begin Subd. 4. new text end

new text begin Vacancies; removal. new text end

new text begin (a) Vacancies in the commission shall be filled by
appointment of the chief judge for the unexpired terms.
new text end

new text begin (b) Any member may be removed at any time from office, by written order of the district
court, the reason for such removal being stated in the order. When any member has failed
to perform the duties of office and has failed to attend four consecutive meetings without
being excused by the commission, the secretary of the charter commission shall file a
certificate with the court setting forth those facts and the district court shall thereupon make
its order of removal and the chief judge shall fill the vacancy created thereby.
new text end

new text begin Subd. 5. new text end

new text begin Rules. new text end

new text begin The charter commission, within 30 days after the initial appointment of
the commission, shall make rules, including quorum requirements, with reference to its
operations and procedures.
new text end

new text begin Subd. 6. new text end

new text begin Commission meetings. new text end

new text begin The charter commission shall meet at least once during
each calendar year and, upon presentation of a petition signed by at least ten percent of the
registered voters of the town, as shown by the returns of the last general election, or upon
a resolution approved by a majority of the town board of supervisors requesting the
commission to convene, the commission shall meet to consider the proposals set forth in
the petition or resolution.
new text end

new text begin Subd. 7. new text end

new text begin Discharge. new text end

new text begin (a) A charter commission in a town that has not adopted a charter
may be discharged as follows:
new text end

new text begin (1) if the charter commission determines that a charter is not necessary or desirable, the
commission may be discharged by a vote of three-fourths of its members; or
new text end

new text begin (2) if a petition requesting a referendum to discharge the charter commission, signed by
at least five percent of the registered voters of the town, is filed with the town clerk, an
election must be held on the issue at a general election or a special election pursuant to
section 205.10. If a majority of the votes cast support the referendum, the charter commission
is discharged.
new text end

new text begin (b) Another commission may not be formed sooner than one year from the date of
discharge.
new text end

Sec. 4.

new text begin [365.73] TOWN CHARTER COMMISSION EXPENSES.
new text end

new text begin The members of a town charter commission shall receive no compensation. The
commission may employ an attorney and other personnel to assist in framing the charter
and any amendment or revision to it. At the direction of the commission, the town shall pay
reasonable compensation for persons employed or retained and pay the costs of printing the
charter or any amendment or revision to it. The town board of supervisors may authorize
additional charter commission expenses as it deems necessary; however, the amount of
reasonable and necessary expenses must not exceed $1,500 in any one year. Other statutory
and charter provisions requiring budgeting of, or limiting, expenditures do not apply to
charter commission expenses. The electors at the annual town meeting may authorize a levy
in excess of any levy limitations to pay the expenses unless the charter adopted by the voters
gives this authority to the town board of supervisors.
new text end

Sec. 5.

new text begin [365.74] CHARTER ELECTION IN A TOWN.
new text end

new text begin Subdivision 1. new text end

new text begin Report. new text end

new text begin As soon as practicable after the appointment of the charter
commission, the charter commission shall deliver to the town clerk either (1) its report
determining that a home rule charter for the town is not necessary or desirable, or (2) the
draft of a proposed charter. In either case, the report must be signed by at least a majority
of its members.
new text end

new text begin Subd. 2. new text end

new text begin Recommendation for a charter. new text end

new text begin The draft charter must specify the town name
and its boundaries. The draft charter must provide the organization of the town board from
among the options provided in statute.
new text end

new text begin Subd. 3. new text end

new text begin Boundary adjustments. new text end

new text begin Chapter 414, relating to municipal boundary
adjustments, applies to a home rule charter town the same as it applies to other towns unless
the charter specifies that part or all of the chapter does not apply to the town.
new text end

new text begin Subd. 4. new text end

new text begin Timing. new text end

new text begin Upon delivery of the draft charter, the town board of supervisors shall
submit the charter to the voters at a general or special election held on a date authorized by
section 205.10, subdivision 3a.
new text end

new text begin Subd. 5. new text end

new text begin Election notice; publication. new text end

new text begin The charter commission shall publish notice of
the election on the charter once a week for two successive weeks in the official newspaper
of the town, or if there be none, in a legal newspaper of general circulation in the town. The
charter commission may also publish the notice in any other legal newspaper published in
the town. The notice must contain the complete charter.
new text end

new text begin Subd. 6. new text end

new text begin Ballot form. new text end

new text begin The ballot question must read:
new text end

new text begin "Shall the proposed new charter be adopted?
new text end

	new text begin Yes . new text end
	new text begin No . new text end	new text begin " new text end

new text begin If any part of the proposed charter is submitted in the alternative, the ballot must be printed
as to permit the voter to indicate a preference among the alternatives.
new text end

new text begin Subd. 7. new text end

new text begin Rejection; later proposals. new text end

new text begin If the charter is rejected the charter commission
may propose others from time to time until one is adopted.
new text end

Sec. 6.

new text begin [365.75] ADOPTION; NOTICE, EFFECTIVE DATE.
new text end

new text begin If 51 percent of the votes cast on the proposition are in favor of the proposed charter, it
shall be considered adopted; and, if any provisions thereof are submitted in the alternative,
those ratified by a majority of the votes cast thereon shall prevail. If the charter is adopted,
the town clerk shall file with the secretary of state and in the town clerk's office a copy of
the charter accompanied by a certificate attesting to the accuracy of the copy and giving the
date of the election and the vote by which the charter was adopted and record a certified
copy with the county recorder of the county in which the town lies. The charter shall take
effect 30 days after the election, or at such other time as is fixed in the charter, and shall
then supersede all other charter provisions relating to the town. Thereupon the courts shall
take judicial notice of the new charter and, upon the election of officers thereunder, the
officials of the former corporation shall deliver to them the records, money and other public
property in their control.
new text end

Sec. 7.

new text begin [365.76] AMENDMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Proposals. new text end

new text begin The charter commission may propose amendments to such
charter and shall do so upon the petition of voters equal in number to five percent of the
total votes cast at the last previous state general election in the town. Proposed charter
amendments must be submitted at least 17 weeks before the general election. Only registered
voters are eligible to sign the petition. All petitions circulated with respect to a charter
amendment shall be uniform in character and shall have attached thereto the text of the
proposed amendment in full; except that in the case of a proposed amendment containing
more than 1,000 words, a true and correct copy of the same may be filed with the town
clerk, and the petition shall then contain a summary of not less than 50 nor more than 300
words setting forth in substance the nature of the proposed amendment. Such summary shall
contain a statement of the objects and purposes of the amendment proposed and an outline
of any proposed new scheme or framework of government and shall be sufficient to inform
the signers of the petition as to what change in government is sought to be accomplished
by the amendment. The summary, together with a copy of the proposed amendment, shall
first be submitted to the charter commission for its approval as to form and substance. The
commission shall within ten days after such submission to it, return the same to the proposers
of the amendment with such modifications in statement as it may deem necessary in order
that the summary may fairly comply with the requirements above set forth.
new text end

new text begin Subd. 2. new text end

new text begin Alternative methods of charter amendment. new text end

new text begin A home rule charter may be
amended only by following one of the alternative methods of amendment provided in
subdivisions 1 to 7.
new text end

new text begin Subd. 3. new text end

new text begin Petitions. new text end

new text begin The signatures to such petition need not all be appended to one paper,
but to each separate petition there shall be attached an affidavit of the circulator thereof as
provided by this section. A petition must contain each petitioner's signature in ink or indelible
pencil and must indicate after the signature the place of residence by street and number, or
other description sufficient to identify the place. There shall appear on each petition the
names and addresses of five electors of the town, and on each paper the names and addresses
of the same five electors, who, as a committee of the petitioners, shall be regarded as
responsible for the circulation and filing of the petition. The affidavit attached to each
petition shall be as follows:
new text end

	new text begin State of . new text end	new text begin ) new text end
		new text begin ) ss. new text end
	new text begin County of . new text end	new text begin ) new text end

new text begin .............. ................. being duly sworn, deposes and says that the affiant, and the affiant
only, personally circulated the foregoing paper, that all the signatures appended thereto
were made in the affiant's presence, and that the affiant believes them to be the genuine
signatures of the persons whose names they purport to be.
new text end

new text begin Signed ............................
new text end

new text begin (Signature of Circulator)
new text end

new text begin Subscribed and sworn to before me
new text end

new text begin this ....... day of ...... .......
new text end

new text begin Notary Public (or other officer)
new text end

new text begin authorized to administer oaths
new text end

new text begin The foregoing affidavit shall be strictly construed and any affiant convicted of swearing
falsely as regards any particular thereof shall be punishable in accordance with existing law.
new text end

new text begin Subd. 4. new text end

new text begin May be assembled as one petition. new text end

new text begin All petition papers for a proposed
amendment shall be assembled and filed with the charter commission as one instrument.
Within ten days after such petition is transmitted to the town board of supervisors, the town
clerk shall determine whether each paper of the petition is properly attested and whether
the petition is signed by a sufficient number of voters. The clerk shall declare any petition
paper entirely invalid which is not attested by the circulator thereof as required in this
section. Upon completing an examination of the petition, the clerk shall certify the result
of the examination to the town board of supervisors. If the clerk shall certify that the petition
is insufficient the clerk shall set forth in a certificate the particulars in which it is defective
and shall at once notify the committee of the petitioners of the findings. A petition may be
amended at any time within ten days after the making of a certificate of insufficiency by
the clerk, by filing a supplementary petition upon additional papers signed and filed as
provided in case of an original petition. The clerk shall within five days after such amendment
is filed, make examination of the amended petition, and if the certificate shall show the
petition still to be insufficient, the clerk shall file it in the clerk's office and notify the
committee of the petitioners of the findings and no further action shall be had on such
insufficient petition. The finding of the insufficiency of a petition shall not prejudice the
filing of a new petition for the same purpose.
new text end

new text begin Subd. 5. new text end

new text begin Election. new text end

new text begin Amendments shall be submitted to the qualified voters at a general
or special election and published as in the case of the original charter. The form of the ballot
shall be fixed by the governing body. The statement of the question on the ballot shall be
sufficient to identify the amendment clearly and to distinguish the question from every other
question on the ballot at the same time. If 51 percent of the votes cast on any amendment
are in favor of its adoption, copies of the amendment and certificates shall be filed, as in
the case of the original charter and the amendment shall take effect in 30 days from the date
of the election or at such other time as is fixed in the amendment.
new text end

new text begin Subd. 6. new text end

new text begin Amendments proposed by council. new text end

new text begin The town board of supervisors of any
town having a home rule charter may propose charter amendments to the voters by ordinance.
Any ordinance proposing such an amendment shall be submitted to the charter commission.
Within 60 days thereafter, the charter commission shall review the proposed amendment
but before the expiration of such period the commission may extend the time for review for
an additional 90 days by filing with the town clerk its resolution determining that an
additional time for review is needed. After reviewing the proposed amendment, the charter
commission shall approve or reject the proposed amendment or suggest a substitute
amendment. The commission shall promptly notify the town board of the action taken. On
notification of the charter commission's action, the town board may submit to the people,
in the same manner as provided in subdivision 4, the amendment originally proposed by it
or the substitute amendment proposed by the charter commission. The amendment shall
become effective only when approved by the voters as provided in subdivision 4. If so
approved it shall be filed in the same manner as other amendments. Nothing in this
subdivision precludes the charter commission from proposing charter amendments in the
manner provided by subdivision 1.
new text end

new text begin Subd. 7. new text end

new text begin Amendment by ordinance. new text end

new text begin Upon recommendation of the charter commission,
the town board of supervisors may enact a charter amendment by ordinance. Within one
month of receiving a recommendation to amend the charter by ordinance, the town must
publish notice of a public hearing on the proposal and the notice must contain the text of
the proposed amendment. The town board of supervisors must hold the public hearing on
the proposed charter amendment at least two weeks but not more than one month after the
notice is published. Within one month of the public hearing, the town board must vote on
the proposed charter amendment ordinance. An ordinance amending a town charter is
enacted if it receives an affirmative vote of all members of the town board and is published
as in the case of other ordinances. An ordinance amending a charter shall not become
effective until 90 days after passage and publication or at such later date as is fixed in the
ordinance. Within 60 days after passage and publication of such an ordinance, a petition
requesting a referendum on the ordinance may be filed with the town clerk. The petition
must be signed by registered voters equal in number to at least five percent of the registered
voters in the town, or 2,000, whichever is less. If the requisite petition is filed within the
prescribed period, the ordinance shall not become effective until it is approved by the voters
as in the case of charter amendments submitted by the charter commission, the town board,
or by petition of the voters, except that the town board may submit the ordinance at any
general or special election held at least 60 days after submission of the petition, or it may
reconsider its action in adopting the ordinance. As far as practicable the requirements of
subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending
a charter, and to the filing of such ordinance when approved by the voters.
new text end

Sec. 8.

new text begin [365.77] SUCCESSION; SUBSISTING RIGHTS.
new text end

new text begin A town organized under a home rule charter is the legal successor of the town previously
organized under statute. The charter and any amendment to the charter does not prejudice
any right, lien, or demand against the town, or affect any pending action or proceeding to
enforce an action. All rights, penalties, forfeitures accrued or accruing to the town before
the charter became effective, all property vested with the town or held in trust for the town,
all taxes and assessments levied on the town's behalf, and all the town's privileges and
immunities not inconsistent with the new charter, shall pass to its successor. All ordinances,
resolutions, and bylaws in force at the adoption of the new charter that do not conflict with
the charter's provisions continue in force until amended or repealed.
new text end

Sec. 9.

new text begin [365.78] RECALL AND REMOVAL OF OFFICERS; ORDINANCES.
new text end

new text begin A home rule charter may provide for the recall of any elective town officer and for
removal of the officer by vote of the electors of the town. The charter may also provide for
submitting ordinances to the town board by petition of the electors of the town and for the
repeal of ordinances in like manner. The charter may also provide that no ordinance passed
by the town board, except an emergency ordinance, shall take effect within a certain time
after its passage, and that if, during such time, a petition be made by a certain percentage
of the electors of the town protesting against the passage of such ordinance until the same
be voted on at an election held for such purpose, and then such ordinance to take effect or
not as determined by such vote.
new text end

Sec. 10.

new text begin [365.79] NEW OR REVISED CHARTER.
new text end

new text begin Any town having a home rule charter may submit and adopt a new or revised charter in
the manner provided by law for the original adoption of such home rule charter.
new text end

Sec. 11.

new text begin [365.80] HOME RULE CHARTER TOWN MAY REVERT TO TOWN;
PROCESS; TRANSITION.
new text end

new text begin Any town having a home rule charter may abandon the charter and become a town under
general law. A proposal to abandon the charter shall be presented, adopted, and become
effective in the same manner as a charter amendment, and all statutory provisions relating
to home rule charter amendments shall apply to a proposal to abandon a charter. Such
proposal shall include a schedule containing all necessary provisions for transition to a town
form of government, including such provisions with reference to terms of incumbent officers
as are deemed appropriate to place the home rule charter town on the regular town election
schedule as soon as practicable. The proposal may provide in effect for continuance of
specified provisions of the home rule charter for an interim period.
new text end

Sec. 12.

new text begin [365.81] SAVINGS CLAUSE.
new text end

new text begin If a town charter is silent on a matter that is addressed for towns in general law, and
general law does not prohibit a town charter from addressing the matter or expressly provide
that a town charter prevails over general law on the matter, then the town may apply the
general law on the matter.
new text end