Minnesota Session Laws - 1997, Regular Session

                             CHAPTER 87-H.F.No. 756 
                  An act relating to the state demographer; changing 
                  procedures for certain population and related 
                  estimates; amending Minnesota Statutes 1996, sections 
                  4A.02; 379.02; and 414.01, subdivision 14; repealing 
                  Minnesota Statutes 1996, section 414.033, subdivision 
                  9. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 4A.02, is 
        amended to read: 
           4A.02 [STATE DEMOGRAPHER.] 
           (a) The director shall appoint a state demographer.  The 
        demographer must be professionally competent in demography and 
        must possess demonstrated ability based upon past performance.  
           (b) The demographer shall: 
           (1) continuously gather and develop demographic data 
        relevant to the state; 
           (2) design and test methods of research and data 
        collection; 
           (3) periodically prepare population projections for the 
        state and designated regions and periodically prepare 
        projections for each county or other political subdivision of 
        the state as necessary to carry out the purposes of this 
        section; 
           (4) review, comment on, and prepare analysis of population 
        estimates and projections made by state agencies, political 
        subdivisions, other states, federal agencies, or nongovernmental 
        persons, institutions, or commissions; 
           (5) serve as the state liaison with the federal United 
        States Bureau of the Census, coordinate state and federal 
        demographic activities to the fullest extent possible, and aid 
        the legislature in preparing a census data plan and form for 
        each decennial census; 
           (6) compile an annual study of population estimates on the 
        basis of county, regional, or other political or geographical 
        subdivisions as necessary to carry out the purposes of this 
        section and section 4A.03; 
           (7) by January 1 of each year, issue a report to the 
        legislature containing an analysis of the demographic 
        implications of the annual population study and population 
        projections; 
           (8) prepare maps for all counties in the state, all 
        municipalities with a population of 10,000 or more, and other 
        municipalities as needed for census purposes, according to scale 
        and detail recommended by the federal United States Bureau of 
        the Census, with the maps of cities showing precinct boundaries; 
        and 
           (9) prepare an estimate of population and of the number of 
        households for each governmental subdivision for which the 
        metropolitan council does not prepare an annual estimate, and 
        convey the estimates to the governing body of each political 
        subdivision by May 1 of each year; 
           (10) direct, under section 414.01, subdivision 14, and 
        certify population and household estimates of annexed or 
        detached areas of municipalities or towns after being notified 
        of the order or letter of approval by the Minnesota municipal 
        board; and 
           (11) prepare, for any purpose for which a population 
        estimate is required by law or needed to implement a law, a 
        population estimate of a municipality or town whose population 
        is affected by action under section 2 or 3. 
           (c) A governing body may challenge an estimate made under 
        paragraph (b) by filing their specific objections in writing 
        with the state demographer by June 10.  If the challenge does 
        not result in an acceptable estimate by June 24, the governing 
        body may have a special census conducted by the United States 
        Bureau of the Census.  The political subdivision must notify the 
        state demographer by July 1 of its intent to have the special 
        census conducted.  The political subdivision must bear all costs 
        of the special census.  Results of the special census must be 
        received by the state demographer by the next April 15 to be 
        used in that year's May 1 estimate to the political subdivision 
        under paragraph (b). 
           Sec. 2.  Minnesota Statutes 1996, section 379.02, is 
        amended to read: 
           379.02 [TOWNS, CHANGE OF BOUNDARIES AND NAMES.] 
           The county board may alter the boundaries of towns, or 
        partition any town among other towns within the county by 
        attaching a part of one town to another, or by dividing one town 
        and attaching the parts to other towns, or by forming a new town 
        from the territory of one or more towns, or from territory not 
        before included in a town, whenever it is made to appear 
        necessary or expedient, by a petition for that purpose signed by 
        not less than 20 legal voters residing within the territory to 
        be affected.  The county board may, upon notice as provided in 
        section 379.03, alter the boundaries or change the name of any 
        town within the county by attaching thereto unorganized 
        territory abutting thereon within the county, after a petition 
        for that purpose, signed by not less than 20 legal voters 
        residing within the unorganized territory proposed to be 
        attached, is approved by the town board of the town to which the 
        territory is proposed to be attached.  No town shall be so 
        formed, having less than 36 square miles, nor have its 
        boundaries so changed as to reduce its territory below that 
        area, unless after such division it shall have at least 25 
        qualified voters therein, and real estate valued at the last 
        preceding assessment at $30,000 or more; and no town shall be 
        divided or have any part detached therefrom so as to make its 
        area less than 36 square miles, except upon the petition of at 
        least two-thirds of the legal voters residing in one or both 
        subdivisions or parts.  The county auditor must notify the state 
        demographer of any boundary or name changes.  The county shall 
        prepare an estimate of the population and the number of 
        households in the attached or detached area.  The estimate must 
        be certified by the state demographer.  The estimate must 
        estimate the population as of the effective date of the county 
        board's resolution and must be so dated. 
           Sec. 3.  Minnesota Statutes 1996, section 414.01, 
        subdivision 14, is amended to read: 
           Subd. 14.  [POPULATION OF CHANGED TERRITORY.] When a board 
        order or approval letter enlarges or diminishes the area of an 
        existing municipality or town, the population of the annexed or 
        detached area shall be as found by the board at its hearing or, 
        in cases in which no hearing by the board for the boundary 
        change is required, as stated in the resolution or ordinance.  
        The effective date of the population change shall be the same as 
        the effective date of the order whether or not the order is from 
        a hearing or from the approval of an annexation resolution or 
        ordinance. the board shall communicate its population finding 
        order or approval letter to the municipality and the state 
        demographer. state demographer who shall incorporate that data 
        into The municipality shall prepare an estimate of 
        population estimate and of the number of households for the 
        annexed or detached area of the municipality or town.  The 
        estimate shall be certified by the state demographer.  The 
        estimate must estimate the population as of the effective date 
        of the board order or approval letter and must be so dated.  
        When a new municipality is created by an order of the board, the 
        municipality shall request a separation census from the United 
        States bureau of the census and bear any costs incurred.  
           Sec. 4.  [REPEALER.] 
           Minnesota Statutes 1996, section 414.033, subdivision 9, is 
        repealed. 
           Presented to the governor May 2, 1997 
           Signed by the governor May 6, 1997, 11:07 a.m.