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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1985 

                         CHAPTER 65-H.F.No. 468 
           An act relating to state departments and agencies; 
          clarifying the duties of the state demographer; 
          amending Minnesota Statutes 1984, sections 275.14; 
          368.01, subdivision 1a; and 368.015. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 275.14, is 
amended to read: 
    275.14 [CENSUS.] 
    For the purposes of sections 275.11 to 275.16, the last 
federal census of population taken prior to the calendar year in 
which any such levy may be made shall govern and shall be 
conclusive in determining hereunder the population of any city 
or school districts.  Provided, if by the 1970 Federal Census, 
any school district shall have less population than that upon 
which the 1970 tax levy of said district was based, and shall 
not have had a subsequent special census, as authorized hereby, 
the population for subsequent years for the purposes of sections 
275.11 to 275.16, may at the option of the district be computed 
as follows:  For the year 1971, the same population as for 1970; 
for the year 1972, the population used in computing the 1970 
levy, decreased by one-fourth of the loss in population shown by 
the 1970 census; for each of the next two subsequent years, an 
additional one-fourth of the population loss shown by the 1970 
census shall be deducted; thereafter, the said 1970 federal 
census shall control until a subsequent federal or state census 
is taken the population of a city shall be that established by 
the last federal census, by a special census taken by the United 
States bureau of the census, by an estimate made by the 
metropolitan council, or by the state demographer made according 
to section 116K.04, subdivision 4, whichever has the latest 
stated date of count or estimate, before July 2 of the current 
levy year.  The population of a school district must be 
determined by the most recent federal census. 
    If by the 1970 federal census, any city shall have less 
population than that upon which the 1970 tax levy of said city 
was based, and shall not have had a subsequent special census, 
as authorized hereby, the population for subsequent years for 
the purposes of sections 275.11 to 275.16, shall be computed as 
follows:  For the year 1971, the same population as for 1970; 
for the year 1972, the population used in computing the 1970 
levy, decreased by one-fourth of the loss in population shown by 
the 1970 census; for each of the next two subsequent years an 
additional one-fourth of the population loss shown by the 1970 
census shall be deducted; thereafter the said 1970 federal 
census shall control until a subsequent federal census is 
taken.  Provided, that In any year in which no federal census is 
taken pursuant to law in any such city or school district 
affected by sections 275.11 to 275.16 a population estimate may 
be made and submitted to the state demographer for approval as 
hereinafter provided.  The council of a city or the school board 
of a school district, in case it desires a population estimate, 
shall pass a resolution by August September 1 containing a 
current estimate of the population of the city or school 
district and shall submit the resolution to the state 
demographer.  The resolution shall describe the criteria on 
which the estimate is based and shall be in a form and 
accompanied by the data prescribed by the state demographer.  
The state demographer shall determine whether or not the 
criteria and process described in the resolution provide a 
reasonable basis for the population estimate and shall inform 
the city or school district of that determination within 30 days 
of receipt of the resolution.  If the state demographer 
determines that the criteria and process described in the 
resolution do not provide a reasonable basis for the population 
estimate, the resolution shall be of no effect.  If the state 
demographer determines that the criteria and process do provide 
a reasonable basis for the population estimate, the estimate 
shall be treated as the population of the city or school 
district for the purposes of sections 275.11 to 275.16 until the 
population of the city or school district has been established 
by the next federal census or until a more current population 
estimate is prepared and approved as provided herein, whichever 
occurs first.  The state demographer shall establish guidelines 
for acceptable population estimation criteria and processes.  
The state demographer shall issue advisory opinions upon request 
in writing to cities or school districts as to proposed criteria 
and processes prior to their implementation in an estimation.  
The advisory opinion shall be final and binding upon the 
demographer unless the demographer can show cause why it should 
not be final and binding.  
    In the event that a census tract employed in taking a 
federal or local census overlaps two or more school districts, 
the county auditor shall, on the basis of the best information 
available, allocate the population of said census tract to the 
school districts involved.  
    The term "council," as used in sections 275.11 to 275.16, 
means any board or body, whether composed of one or more 
branches, authorized to make ordinances for the government of a 
city within this state.  
    Sec. 2.  Minnesota Statutes 1984, section 368.01, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [CERTAIN OTHER TOWNS.] Any town with a 
population of 1,000 or more according to the most recent federal 
decennial census or special census or population estimate as 
provided in section 368.015 that does not otherwise qualify 
pursuant to subdivision 1 to exercise the powers enumerated in 
this section, shall have and possess the enumerated powers upon 
an affirmative vote of the electors of the town at the annual 
town meeting.  The population must be established by the most 
recent federal decennial census, special census as provided in 
section 368.015, or population estimate by the state demographer 
made according to section 116K.04, subdivision 4, whichever has 
the latest stated date of count or estimate. 
    Sec. 3.  Minnesota Statutes 1984, section 368.015, is 
amended to read: 
    368.015 [TOWNS; CENSUS.] 
    A town board may by resolution, in any year, request the 
state demographer United States bureau of the census to take a 
special census of the town or make an estimate of the population 
of the town for the purpose of being eligible to exercise the 
powers contained in section 368.01 as provided in section 
368.01, subdivision 1a.  A cost for the special census or 
estimate shall be borne by the town.  
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective July 1, 1985. 
    Approved May 6, 1985