Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 639-H.F.No. 1851 
           An act relating to local government; regulating duties 
          of town officers; setting town powers; amending 
          Minnesota Statutes 1986, sections 18.272; 367.30, 
          subdivisions 2 and 4; 367.31, subdivision 4; 367.34; 
          and 465.71; and repealing Minnesota Statutes 1987 
          Supplement, section 365.03. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 18.272, is 
amended to read:  
    18.272 [PENALTY.] 
    Any person who violates any of the provisions of sections 
18.181 to 18.271 or who violates any duly adopted rule of the 
commissioner or who neglects, fails, or refuses to comply with 
any notice duly issued thereunder by the commissioner, or a 
local weed inspector, and duly served upon the person, or who 
fails, refuses, or neglects to perform any duty imposed by 
sections 18.181 to 18.271, shall be guilty of a misdemeanor; 
and, upon conviction, punished accordingly.  The penalty 
provided in this section for failure, refusal, or neglect to 
perform a duty imposed by sections 18.181 to 18.271 does not 
apply to a member of a town board for failure, refusal, or 
neglect to perform a duty imposed on members of a town board 
under those sections.  
    Sec. 2.  Minnesota Statutes 1986, section 367.30, 
subdivision 2, is amended to read: 
    Subd. 2.  [OPTION B; APPOINTMENT OF CLERK AND TREASURER.] 
Any town may provide for the appointment by the town board of 
its clerk or treasurer, or both, or clerk-treasurer, as 
hereinafter provided for in sections 367.30 to 367.36.  This 
option shall be referred to as option B. 
    Sec. 3.  Minnesota Statutes 1986, section 367.30, 
subdivision 4, is amended to read: 
    Subd. 4.  [OPTION D; COMBINATION OF THE OFFICES OF CLERK 
AND TREASURER.] Any town exercising the powers of a statutory 
city pursuant to section 368.01 or pursuant to a special law 
granting substantially similar powers may provide for combining 
the offices of clerk and treasurer.  A town may provide that the 
combined office be made elective or appointive.  This option 
shall be referred to as option D.  
    Sec. 4.  Minnesota Statutes 1986, section 367.31, 
subdivision 4, is amended to read: 
    Subd. 4.  [ELECTION; FORM OF BALLOT.] The proposals for 
adoption of the options shall be stated on the ballot 
substantially as follows: 
    "Shall option A, providing for a five member town board of 
supervisors, be adopted for the government of the town?"  
    "Shall option B, providing for the appointment of the clerk 
and treasurer by the town board, be adopted for the government 
of the town?"  
    "Shall option C, providing for the appointment of a town 
administrator by the town board, be adopted for the government 
of the town?"  
    "Shall option D, providing for the combining of the offices 
of clerk and treasurer, be adopted for the government of the 
town?"  
    If a proposal under option B is to appoint only the clerk 
or only the treasurer, the ballot question shall be varied to 
read appropriately.  If a town has combined the offices of clerk 
and treasurer, the word "clerk-treasurer" shall be substituted 
for the words "clerk and treasurer" in the question on the 
ballot on adoption of option B.  The ballot question for a 
proposal under option D must be varied to show whether the 
combined office is to be appointive or elective.  In any of 
these cases, the question shall be followed by the words "Yes" 
and "No" with an appropriate square before each in which an 
elector may record a choice.  
    Sec. 5.  Minnesota Statutes 1986, section 367.34, is 
amended to read: 
    367.34 [CONTINUANCE IN OFFICE; ELECTIONS.] 
    Subdivision 1.  [OPTION B; INCUMBENT CLERK AND TREASURER.] 
If option B is adopted at the election at which the office of 
clerk or treasurer, or clerk-treasurer, is to be elected, the 
candidate elected to that office shall not assume office and 
that candidate's election shall be considered null.  Otherwise 
when option B is adopted in a town, the incumbent clerk and or 
treasurer, or clerk-treasurer, shall continue to serve until the 
expiration of their terms or until an earlier vacancy occurs.  
    Subd. 2.  [ABANDONMENT OF OPTION B.] When option B is 
abandoned, the offices of clerk and or treasurer, or 
clerk-treasurer, that would be filled at that election, shall be 
filled conditionally at that election, and the ballot shall 
indicate that the successful candidate or candidates shall 
assume office only if the option is abandoned as a result of the 
election. 
    Sec. 6.  Minnesota Statutes 1986, section 465.71, is 
amended to read:  
    465.71 [INSTALLMENT AND LEASE PURCHASES; CITIES; COUNTIES; 
SCHOOL DISTRICTS.] 
    A home rule charter city, statutory city, county, town, or 
school district may purchase real or personal property under an 
installment contract, or lease personal property with an option 
to purchase under a lease purchase agreement, by which contract 
or agreement title is retained by the seller or vendor or 
assigned to a third party as security for the purchase price, 
including interest, if any, but such purchases are subject to 
statutory and charter provisions applicable to the purchase of 
real or personal property.  For purposes of the bid requirements 
contained in section 471.345, "the amount of the contract" shall 
include the total of all lease payments for the entire term of 
the lease under a lease-purchase agreement.  The obligation 
created by a lease purchase agreement shall not be included in 
the calculation of net debt for purposes of section 475.53, and 
shall not constitute debt under any other statutory provision.  
No election shall be required in connection with the execution 
of a lease purchase agreement authorized by this section.  The 
city, county, town, or school district shall have the right to 
terminate a lease purchase agreement at the end of any fiscal 
year during its term.  
    Sec. 7.  [REPEALER.] 
    Minnesota Statutes 1987 Supplement, section 365.03, is 
repealed. 
    Approved April 26, 1988