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SF 2931

as introduced - 91st Legislature (2019 - 2020) Posted on 02/11/2020 03:12pm

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

Current Version - as introduced

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A bill for an act
relating to waters; modifying method of appointing watershed district managers;
amending Minnesota Statutes 2018, sections 103D.205, subdivision 2; 103D.225,
subdivision 4; 103D.301, subdivision 1; 103D.311, subdivision 2; 103D.315,
subdivisions 3, 6, 9; 103D.325, subdivision 2; 103D.335, subdivision 4; repealing
Minnesota Statutes 2018, sections 103D.301, subdivision 2; 103D.311, subdivisions
1, 3; 103D.315, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 103D.205, subdivision 2, is amended to read:


Subd. 2.

Requirements.

(a) The establishment petition must state:

(1) the name of the proposed watershed district;

(2) in general terms, a description of the property to be included in the watershed district;

(3) the necessity for the watershed district and the contemplated improvements within
the watershed district;

(4) the reasons why the watershed district and the contemplated improvements would
be conducive to public health and public welfare, or would accomplish any of the purposes
in section 103D.201;

(5) by illustration in a map, the proposed watershed district;new text begin and
new text end

(6) the number of managers proposed for the watershed districtdeleted text begin; anddeleted text endnew text begin, to be evenly
distributed among the counties in the proposed district.
new text end

deleted text begin (7) a list of the nominees for manager positions containing at least twice the proposed
number of managers.
deleted text end

(b) The number of managers proposed for a watershed district may not be less than three
nor more than nine. deleted text beginA manager must not be a public officer of the county, state, or federal
government, except that a soil and water conservation supervisor may be a manager.
deleted text end

Sec. 2.

Minnesota Statutes 2018, section 103D.225, subdivision 4, is amended to read:


Subd. 4.

deleted text beginSelecting first board ofdeleted text end new text beginAppointing new text endmanagers.

(a) deleted text beginThe board shall select the
first board of managers of a proposed watershed district from the list of nominees in the
establishment petition except as provided in paragraph (b).
deleted text end The number of managers may
not be less than three nor more than nine, except that a proposed watershed district entirely
within the metropolitan area may not have fewer than five managers. deleted text beginA manager may not
be a public officer of the county, state, or federal government, except that a soil and water
conservation supervisor may be a manager. The term of the first board of managers is for
one year and until their successors can be appointed and qualified.
deleted text end

deleted text begin (b) For a proposed watershed district entirely within the metropolitan area, the board
must select managers from a list of persons nominated by one or more of the cities and
towns affected by the proposed watershed district. The list must contain at least three
nominees for each manager position. The board must select managers to fairly represent
the various hydrologic areas within the proposed watershed district according to their
residence within an area. If the cities or towns fail to nominate managers under this paragraph,
the board shall select managers under paragraph (a).
deleted text end

new text begin (b) The county board of each county in the proposed watershed district must appoint
the number of managers specified for the county under section 103D.205, subdivision 2,
paragraph (a), clause (6), before the board files the establishment petition under subdivision
5 and must thereafter appoint managers when the managers' terms expire.
new text end

(c) In the order establishing a watershed district, the board must prescribe the terms of
office for the first board of managers appointed by the county boards as provided in
paragraphs (d) to (f).

(d) If the first board of managers has three members, the term of office for the managers
is one for a term of one year, one for a term of two years, and one for a term of three years.

(e) If the first board of managers has five members, the term of office for the managers
is one for a term of one year, two for a term of two years, and two for a term of three years.

(f) If the first board of managers does not have three or five members, the managers
must be appointed so that as nearly as possible one-third serve terms of one year, one-third
serve terms of two years, and one-third serve terms of three years.

Sec. 3.

Minnesota Statutes 2018, section 103D.301, subdivision 1, is amended to read:


Subdivision 1.

More than one affected county.

If more than one county is affected by
a watershed district, the board must provide that managers arenew text begin evenlynew text end distributed deleted text beginby residencedeleted text end
among the counties affected by the watershed district.

Sec. 4.

Minnesota Statutes 2018, section 103D.311, subdivision 2, is amended to read:


Subd. 2.

Appointment.

deleted text begin (a) At least 30 days before the terms of office of the first
managers named by the board expire, the county commissioners of each county responsible
for appointing a manager to the watershed district must meet and appoint successors.
deleted text end

deleted text begin (b)deleted text end new text begin(a) A county board of commissioners must appoint only county commissioners to
serve as managers.
new text endThe county commissioners must meet at least 30 days before the term
of office of any manager expires and appoint a successor.

deleted text begin (c)deleted text end new text begin(b) new text endA vacancy occurring in an office of a manager must be filled by the appointing
county board.new text begin If a commissioner's term on the county board expires before the commissioner
completes a term as a manager, the county board must appoint another commissioner to
complete the manager's term.
new text end

deleted text begin (d)deleted text endnew text begin (c)new text end Appointing county boards shall provide public notice before making appointments.
Published notice must be given at least once by publication in a newspaper of general
circulation in the watershed district at least 15 days before an appointment or reappointment
is made. deleted text beginThe notice must state that persons interested in being appointed to serve as a
watershed district manager may submit their names to the county board for consideration.
deleted text end

Sec. 5.

Minnesota Statutes 2018, section 103D.315, subdivision 3, is amended to read:


Subd. 3.

Officers.

deleted text beginAfter filing the bond,deleted text end The managers must elect different managers
as president, secretary, and treasurer. The managers must fill vacancies occurring in the
officers' positions. The managers must provide the necessary books, records, furniture, and
equipment for the officers to perform their official duties.

Sec. 6.

Minnesota Statutes 2018, section 103D.315, subdivision 6, is amended to read:


Subd. 6.

Terms of office.

The term of office for a manager is three years except for the
first board of managers appointed deleted text beginby the state board and the first board appointed by the
county board
deleted text endnew text begin in a watershed districtnew text end. A manager's term continues until a successor is
appointed deleted text beginand qualifieddeleted text end.

Sec. 7.

Minnesota Statutes 2018, section 103D.315, subdivision 9, is amended to read:


Subd. 9.

First meeting of managers.

(a) Within ten days after the first board of managers
has received notice by personal service of their selection, the managers must meet at the
watershed district's principal place of business.

(b) At the first meeting, the managers must take the oath under subdivision 1, deleted text beginprovide
a bond under subdivision 2,
deleted text end elect officers under subdivision 3, and appoint an advisory
committee under section 103D.331.

Sec. 8.

Minnesota Statutes 2018, section 103D.325, subdivision 2, is amended to read:


Subd. 2.

Bond.

The managers may require an deleted text beginofficer ordeleted text end employee of the watershed
district to give a bond for the faithful performance of duties in an amount prescribed by the
deleted text begin managerdeleted text endnew text begin managersnew text end. The cost of the bond must be paid from the funds of the watershed
district.

Sec. 9.

Minnesota Statutes 2018, section 103D.335, subdivision 4, is amended to read:


Subd. 4.

General managers' powers.

(a) The managers may use the powers in
subdivisions 5 to deleted text begin23deleted text endnew text begin 25new text end to implement this chapter.

(b) The exercise of the managers' powers is subject to review by the board as provided
in this chapter.

Sec. 10. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 103D.301, subdivision 2; 103D.311, subdivisions 1
and 3; and 103D.315, subdivision 2,
new text end new text begin are repealed.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 10 are effective July 1, 2020, and apply to manager appointments made
on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-5526

103D.301 DISTRIBUTION OF MANAGER POSITIONS.

Subd. 2.

More than five affected counties.

If more than five counties are affected by a watershed district, the board may provide for the orderly distribution of the managers by identifying the manager areas within the watershed district and selecting the county board of commissioners for each manager's area to appoint a manager.

103D.311 APPOINTING MANAGERS.

Subdivision 1.

Manager qualifications.

A person may not be appointed as a manager who:

(1) is not a voting resident of the watershed district; and

(2) is a public officer of the county, state, or federal government, except that a soil and water conservation supervisor may be a manager.

Subd. 3.

Nominees for city-initiated and metropolitan watershed districts.

(a) If the establishment petition that initiated the watershed district originated from a majority of the cities within the watershed district, the county commissioners must appoint the managers from a list of persons nominated by one or more of the townships and municipalities located within the watershed district. If the district is wholly within the metropolitan area, the county commissioners shall appoint the managers from a list of persons nominated jointly or severally by the towns and municipalities within the district. The list must contain at least three nominees for each manager's position to be filled. The list must be submitted to the county boards affected by the watershed district at least 60 days before the manager's term of office expires. The county commissioners may appoint any managers from towns and municipalities that fail to submit a list of nominees.

(b) If the list is not submitted 60 days before the managers' terms of office expire, the county commissioners must appoint the managers from eligible persons residing in the watershed district.

(c) Managers of a watershed district entirely within the metropolitan area must be appointed to fairly represent the various hydrologic areas within the watershed district by residence of the manager appointed.

103D.315 MANAGERS.

Subd. 2.

Bond.

(a) Each manager must file a bond with the board before assuming the manager's duties. The bond may be:

(1) a personal bond for each manager;

(2) a schedule or position bond or undertaking by the managers of the watershed district; or

(3) a single corporate surety fidelity, schedule or position bond or undertaking covering all managers and employees of the watershed district, including officers and employees required by law to furnish an individual bond or undertaking.

(b) The amount of the bond for managers is $1,000, unless increased by the board. The amount of the bond for officers and employees of the watershed district is the amount set by law or by the person or board authorized to set the amounts.

(c) The bond must be conditioned substantially as provided in section 574.13.

(d) The premium for the bond must be paid by the watershed district.