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SF 4312

as introduced - 91st Legislature (2019 - 2020) Posted on 03/12/2020 02:44pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to local government; providing for towns to adopt home rule charters;
requiring a report; amending Minnesota Statutes 2018, sections 410.015; 410.04;
410.06; 410.11; 410.12, subdivisions 1, 2, 3, 5, 7; 410.15; 410.20; 410.24; 410.30;
410.33; proposing coding for new law in Minnesota Statutes, chapter 410.

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

Section 1.

Minnesota Statutes 2018, section 410.015, is amended to read:


410.015 DEFINITIONS deleted text begin RELATING TO CITIESdeleted text end .

new text begin Subdivision 1. new text end

new text begin City. new text end

The term "statutory city" means any city which has not adopted a
home rule charter pursuant to the constitution and laws; the words "home rule charter city"
mean any city which has adopted such a charter. In any law adopted after July 1, 1976, the
word "city" when used without further description extending the application of the term to
home rule charter cities means statutory cities only.

new text begin Subd. 2. new text end

new text begin Town. 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.

Minnesota Statutes 2018, section 410.04, is amended to read:


410.04 HOME RULE CHARTERSdeleted text begin ; PATROL LIMITSdeleted text end .

new text begin Subdivision 1. new text end

new text begin Cities; patrol limits. new text end

Any city in the state may frame a city charter for
its own government in the manner hereinafter prescribed; provided, that in such cities having
patrol limits established by charter, such limits shall not be altered unless the charter
proposing such alteration be adopted by a three-fourths majority.

new text begin Subd. 2. new text end

new text begin 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 [410.055] 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 city.
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.

Minnesota Statutes 2018, section 410.06, is amended to read:


410.06 COMPENSATION; EXPENSES.

new text begin Subdivision 1. new text end

new text begin City charter commissions. new text end

The members of such commission shall
receive no compensation, but the commission may employ an attorney and other personnel
to assist in framing such charter, and any amendment or revision thereof, and the reasonable
compensation and the cost of printing such charter, or any amendment or revision thereof,
when so directed by the commission, shall be paid by such city. The amount of reasonable
and necessary charter commission expenses that shall be so paid by the city shall not exceed
in any one year the sum of $10,000 for a first class city and $1,500 for any other city; but
the council may authorize such additional charter commission expenses as it deems necessary.
Other statutory and charter provisions requiring budgeting of, or limiting, expenditures do
not apply to charter commission expenses. The council may levy a tax in excess of charter
tax limitations to pay such expenses.

new text begin Subd. 2. new text end

new text begin 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 [410.075] 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.

Minnesota Statutes 2018, section 410.11, is amended to read:


410.11 ADOPTION; NOTICE, EFFECTIVE DATE.

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 citynew text begin or townnew text end clerk shall file with the secretary of state and in the city new text begin or town new text end 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 citynew text begin or townnew text end 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 such citynew text begin or
town
new text end . 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.

Sec. 7.

Minnesota Statutes 2018, section 410.12, subdivision 1, is amended to read:


Subdivision 1.

Proposals.

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 citynew text begin or townnew text end . 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 city new text begin or
town
new text end 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 frame work 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.

Sec. 8.

Minnesota Statutes 2018, section 410.12, subdivision 2, is amended to read:


Subd. 2.

Petitions.

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 citynew text begin or townnew text end , 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:

State of .
)
) ss.
County of .
)

.............. ................. 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.

Signed ............................

(Signature of Circulator)

Subscribed and sworn to before me

this ....... day of ...... .......

Notary Public (or other officer)

authorized to administer oaths

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.

Sec. 9.

Minnesota Statutes 2018, section 410.12, subdivision 3, is amended to read:


Subd. 3.

May be assembled as one petition.

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 city councilnew text begin or town board of
supervisors
new text end , the city new text begin or town new text end 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
deleted text begin citydeleted text end 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 deleted text begin citydeleted text end clerk shall certify the result of the examination to the councilnew text begin or town board of
supervisors
new text end . If the deleted text begin citydeleted text end clerk shall certify that the petition is insufficient the deleted text begin citydeleted text end 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 deleted text begin citydeleted text end clerk, by filing a
supplementary petition upon additional papers signed and filed as provided in case of an
original petition. The deleted text begin citydeleted text end 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 deleted text begin citydeleted text end clerk shall file it in the deleted text begin citydeleted text end 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.

Sec. 10.

Minnesota Statutes 2018, section 410.12, subdivision 5, is amended to read:


Subd. 5.

Amendments proposed by council.

The council of any city having a home
rule charternew text begin , or the town board of supervisors of any town having a home rule charter,new text end 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 city new text begin or town new text end 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 councilnew text begin or town boardnew text end of the action taken. On notification of the charter
commission's action, the councilnew text begin or town boardnew text end 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.

Sec. 11.

Minnesota Statutes 2018, section 410.12, subdivision 7, is amended to read:


Subd. 7.

Amendment by ordinance.

Upon recommendation of the charter commission
the city councilnew text begin or town board of supervisorsnew text end may enact a charter amendment by ordinance.
Within one month of receiving a recommendation to amend the charter by ordinance, the
city new text begin or town new text end must publish notice of a public hearing on the proposal and the notice must
contain the text of the proposed amendment. The city councilnew text begin or town board of supervisorsnew text end
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 city councilnew text begin or town boardnew text end must vote on the proposed charter amendment ordinance.
deleted text begin Thedeleted text end new text begin Annew text end ordinancenew text begin amending a city charternew text end is enacted if it receives an affirmative vote of all
members of the city council and is approved by the mayor and published as in the case of
other ordinances.new text begin 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.
new text end An ordinance amending a deleted text begin citydeleted text end 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 city new text begin or town new text end clerk. The petition must be signed by
registered voters equal in number to at least five percent of the registered voters in the citynew text begin
or town,
new text end 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 councilnew text begin or town boardnew text end ,
or by petition of the voters, except that the councilnew text begin or town boardnew text end 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.

Sec. 12.

Minnesota Statutes 2018, section 410.15, is amended to read:


410.15 SUCCESSION; SUBSISTING RIGHTS.

new text begin Subdivision 1. new text end

new text begin Cities. new text end

The new city so organized shall be in all respects the legal successor
of the former corporation, and no charter so adopted, nor any amendment thereof, shall
prejudice any subsisting right, lien, or demand against the city superseded, or affect any
pending action or proceeding to enforce the same. All rights, penalties, and forfeitures
accrued or accruing to such former corporation, all property vested therein or held in trust
therefor, all taxes and assessments levied in its behalf, and all its 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 such new charter, and not in conflict with its
provisions, shall continue in force until duly altered or repealed.

new text begin Subd. 2. new text end

new text begin Towns. 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. 13.

Minnesota Statutes 2018, section 410.20, is amended to read:


410.20 RECALL AND REMOVAL OF OFFICERS; ORDINANCES.

deleted text begin Such commission may alsodeleted text end new text begin A home rule charter maynew text end provide for the recall of any elective
municipal new text begin or town new text end officer and for removal of the officer by vote of the electors of deleted text begin suchdeleted text end new text begin thenew text end
citydeleted text begin , anddeleted text end new text begin or town. The charter new text end may also provide for submitting ordinances to the council
new text begin or town board new text end by petition of the electors of deleted text begin suchdeleted text end new text begin thenew text end citynew text begin or townnew text end and for the repeal of
ordinances in like mannerdeleted text begin ; anddeleted text end new text begin . The charternew text end may also provide that no ordinance passed by
the councilnew text begin or town boardnew text end , 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 city new text begin or town new text end 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.

Sec. 14.

Minnesota Statutes 2018, section 410.24, is amended to read:


410.24 NEW OR REVISED CHARTER.

Any citynew text begin or townnew text end 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.

Sec. 15.

Minnesota Statutes 2018, section 410.30, is amended to read:


410.30 CITY MAY REVERT TO STATUTORY CITY; PROCESS; TRANSITION.

Any city of any class new text begin or any town new text end having a home rule charter may abandon deleted text begin suchdeleted text end new text begin thenew text end
charter and become a statutory citynew text begin or townnew text end . 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 statutory city new text begin or town new text end form of government, including such
provisions with reference to terms of incumbent officers as are deemed appropriate to place
the municipalitynew text begin or townnew text end on the regular statutory city new text begin or town new text end 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 and shall specify the deleted text begin standard plan or the optionaldeleted text end
plan under which the municipalitynew text begin or townnew text end is to operate as a statutory citynew text begin or townnew text end .

Sec. 16.

Minnesota Statutes 2018, section 410.33, is amended to read:


410.33 SAVINGS CLAUSE.

If a citynew text begin or townnew text end charter is silent on a matter that is addressed for statutory cities by
chapter 412 or other general lawnew text begin , or for towns in general law,new text end and general law does not
prohibit a city new text begin or town new text end charter from addressing the matter or expressly provide that a city
new text begin or town new text end charter prevails over general law on the matter, then the citynew text begin or townnew text end may apply
the general law on the matter.