Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 24-H.F.No. 897 
           An act relating to local government; clarifying 
          certain procedures for adoption of town optional plans 
          of government; amending Minnesota Statutes 1988, 
          sections 367.31, subdivisions 1, 2, 3, and 5; and 
          367.33, subdivisions 1 and 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 367.31, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SUBMISSION TO ELECTORS.] Except as 
provided otherwise in subdivision 2, the town board may, and 
upon a petition signed by electors equal in number to at least 
15 percent of the electors voting at the last previous town 
election shall, submit to the electors at an annual town meeting 
election the question of adopting option A, B, C, or D. 
    Sec. 2.  Minnesota Statutes 1988, section 367.31, 
subdivision 2, is amended to read: 
    Subd. 2.  [MANDATORY SUBMISSION OF OPTION A IN URBAN 
TOWNS.] The town board of a town exercising the powers of a 
statutory city pursuant to section 368.01 or pursuant to a 
special law granting substantially similar powers shall submit 
the adoption of option A to the electors at the annual town 
meeting election next following June 3, 1975.  The town board of 
any town hereafter qualifying under section 368.01 or receiving 
substantially similar powers pursuant to a special law adopted 
after June 3, 1975 shall submit the adoption of option A to the 
electors at the annual town meeting election next following the 
grant of powers pursuant to section 368.01 or special act. 
    Sec. 3.  Minnesota Statutes 1988, section 367.31, 
subdivision 3, is amended to read: 
    Subd. 3.  [NOTICE OF QUESTION.] When the adoption of a 
specific option is to be voted on at the annual meeting 
election, the town clerk shall include notice of the question in 
the notice of the annual meeting election. 
    Sec. 4.  Minnesota Statutes 1988, section 367.31, 
subdivision 5, is amended to read: 
    Subd. 5.  [ADOPTION BY AFFIRMATIVE VOTE.] If a majority of 
the votes cast on the question of adoption of option A, B, C, or 
D is in the affirmative, the option so voted upon shall be 
adopted in the town, and once placed in effect, shall remain in 
effect until abandoned by a similar majority at a subsequent 
annual town meeting election at which the question of 
abandonment is submitted. 
    Sec. 5.  Minnesota Statutes 1988, section 367.33, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ELECTION AT ANNUAL ELECTION OR SPECIAL 
ELECTION.] Following the adoption of option A in a town, except 
a town exercising the powers of a statutory city, the town board 
may call a special town election to be held not less than 30 
days nor more than 60 days after the annual town meeting 
election at which the option is adopted, for the purpose of 
electing two additional members to the board of supervisors.  In 
lieu of calling a special election, the town board may determine 
to elect the additional two members of the town board at the 
next annual town election.  If the town is exercising the powers 
of a statutory city pursuant to section 368.01 or pursuant to a 
special law granting substantially similar powers, the town 
board shall call a special election to be held not less than 30 
days nor more than 60 days after the annual meeting election at 
which option A is adopted for the purpose of electing the two 
additional supervisors.  
    Sec. 6.  Minnesota Statutes 1988, section 367.33, 
subdivision 5, is amended to read: 
    Subd. 5.  [ABANDONMENT OF OPTION A.] In a town in which 
option A is abandoned, the terms of incumbent supervisors shall 
not be affected, but if one or more supervisors are to be 
elected at the annual town election held on the same day as the 
annual town meeting election at which the option is abandoned, 
the election of one supervisor, or two if there be more than one 
elected, shall be considered null.  Otherwise the offices of the 
two incumbent supervisors expiring at the annual town election 
or elections next following the annual meeting election at which 
the option is abandoned shall not be filled.  Thereafter the 
town board shall be composed of three supervisors unless option 
A is again adopted in that town. 
    Presented to the governor April 5, 1989 
    Signed by the governor April 6, 1989, 8:35 a.m.