1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to water; providing for four-year terms for 1.3 soil and water conservation district supervisors; 1.4 conforming the timelines for appointing supervisor 1.5 replacements to other election law; amending Minnesota 1.6 Statutes 1996, sections 103C.301, subdivisions 1 and 1.7 6; 103C.305, subdivision 6; 103C.311; and 103C.315, 1.8 subdivision 2. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 1996, section 103C.301, 1.11 subdivision 1, is amended to read: 1.12 Subdivision 1. [NOMINATING PETITIONS.] Within 30 days 1.13 after the date that the secretary of state issues a certificate 1.14 of organization of a district, or during additional time as the 1.15 state board may allow, nominating petitions may be filed with 1.16 the state board nominating legal voters as candidates for 1.17 election as supervisors.TwoThree supervisors shall be elected 1.18 for terms to expire on December 31 following the second general 1.19 election after their initial election, and one for a term to1.20expire on December 31 following the third general election after1.21their initial election. Each petition must be signed by one or 1.22 more legal voters of the district. If a person signs petitions 1.23 nominating more than three candidates, the signature may not be 1.24 counted on any petition. 1.25 Sec. 2. Minnesota Statutes 1996, section 103C.301, 1.26 subdivision 6, is amended to read: 1.27 Subd. 6. [ELECTED SUPERVISOR TERM.] Except to fill a 2.1 vacancy or for initial elections, supervisors shall be elected 2.2 forsix-yearfour-year terms. 2.3 Sec. 3. Minnesota Statutes 1996, section 103C.305, 2.4 subdivision 6, is amended to read: 2.5 Subd. 6. [VACANCY.] (a) If a vacancy occurs in the office 2.6 of an elected supervisor,more than6056 days before the 2.7 nextgeneral electionstate primary, the district board shall 2.8 fill the vacancy by appointment. The supervisor appointed shall 2.9 hold office until December 31 following the next general 2.10 election. A successor shall be elected at the general election 2.11 following the appointment and hold office for the remainder of 2.12 the term or for the next regular term, whichever is appropriate. 2.13 (b) If a vacancy occurs less than6056 days before the 2.14 nextgeneral electionstate primary, the district board shall 2.15 fill the vacancy by appointment. The appointed supervisor shall 2.16 hold office until the expiration of the term or until December 2.17 31 following the second succeeding general election, whichever 2.18 is shorter. A successor shall be elected at the general 2.19 election preceding expiration of the appointed term and hold 2.20 office for the remainder of the term or for the next regular 2.21 term, whichever is appropriate. 2.22 Sec. 4. Minnesota Statutes 1996, section 103C.311, is 2.23 amended to read: 2.24 103C.311 [FORMATION OF SUPERVISOR DISTRICTS.] 2.25 (a) The district board, aftertwo successive annual2.26elections havethe initial election has been held, shall, with 2.27 the approval of the state board, divide a district into five 2.28 supervisor districts for purposes of nomination for election. 2.29 At each election after the division, one or more supervisors 2.30 shall be nominated from each supervisor district. 2.31 (b) If the boundary of a soil and water conservation 2.32 district has been substantially changed by a division of the 2.33 district, the district shall be divided into five supervisor 2.34 districts for nomination purposes. 2.35 (c) This subdivision does not disqualify a supervisor 2.36 during the term for which the supervisor was elected or 3.1 nominated for election. Supervisors nominated from the 3.2 supervisor districts shall be included on the ballot for 3.3 election from the entire area included in the soil and water 3.4 conservation district. 3.5 (d) A certified copy of the minutes or the resolution of 3.6 the supervisors establishing supervisor districts must be 3.7 promptly filed by the chair of the district board with the 3.8 county auditor of the counties where the district is located and 3.9 with the state board. 3.10 Sec. 5. Minnesota Statutes 1996, section 103C.315, 3.11 subdivision 2, is amended to read: 3.12 Subd. 2. [TERMS.] The two supervisors appointed by the 3.13 state board upon the establishment of a district shall serve 3.14 terms ending on December 31 following the next general election 3.15 after their appointment. Their successors shall be elected for 3.16 terms ofsixfour years. 3.17 A supervisor shall hold office until a successor is elected 3.18 or appointed and has qualified. Vacancies in the office of 3.19 supervisor appointed by the state board shall be filled by the 3.20 state board. 3.21 Sec. 6. [TERMINATION OF INCUMBENT TERMS.] 3.22 (a) On December 31, 1998, the terms of the following three 3.23 incumbents shall terminate: the two supervisors whose terms, 3.24 under Minnesota Statutes 1996, chapter 103C, expire December 31, 3.25 1998, and the supervisor whose term, under Minnesota Statutes 3.26 1996, chapter 103C, expires December 31, 2000. Their successors 3.27 shall be elected to four-year terms at the 1998 general election. 3.28 (b) On December 31, 2000, the terms of the following two 3.29 incumbents shall terminate: the two supervisors whose terms, 3.30 under Minnesota Statutes 1996, chapter 103C, expire December 31, 3.31 2002. Their successors shall be elected to four-year terms at 3.32 the 2000 general election.