SF 3107

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/17/2010 11:59am

A bill for an act
relating to counties; authorizing two or more contiguous counties to propose a
home rule charter commission; providing for submission of a proposed charter to
the voters; proposing coding for new law as Minnesota Statutes, chapter 372A.

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

Section 1.

new text begin [372A.01] HOME RULE CHARTER FOR CONTIGUOUS COUNTIES.
new text end

new text begin Any two or more contiguous counties in the state may propose a county home rule
charter commission as provided in this chapter.
new text end

new text begin The county board of each contiguous county shall adopt a resolution to establish a
home rule charter commission for the counties. The resolution must name the contiguous
counties proposing to establish the charter commission.
new text end

Sec. 2.

new text begin [372A.02] CHARTER COMMISSION; NOMINATIONS AND
APPOINTMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Nomination. new text end

new text begin (a) Within 30 days of the date of the resolution in
section 372A.01, the county board of each county shall nominate 15 persons as candidates
for appointment to a charter commission to propose a charter to provide for the form of
county government for the counties. Three persons who reside in the district shall be
nominated for each of the county commissioner districts in each county. Immediately
following selection of the nominees, the county board of each county shall submit the
nominations, together with the county board resolution, to the chief judge of the district
court with jurisdiction in the county.
new text end

new text begin (b) Within 30 days of the date of the resolution in section 372A.01, the joint
legislative delegation of each county, after first publishing notice for applications by
interested persons, shall nominate six persons who reside in the county as candidates for
appointment to a charter commission to propose a charter to provide for the form of
county government for the counties. The six persons shall be nominated without regard
to county commissioner districts. Immediately following selection of the nominees, the
delegation shall submit the nominations to the chief judge of the district court with
jurisdiction in the county.
new text end

new text begin Subd. 2. new text end

new text begin Appointment. new text end

new text begin Within 30 days of the submission, the chief judge shall
appoint to the charter commission seven members for each county, one appointee for each
county commissioner district in each county, selected from those who were nominated by
county commissioner district, and two appointees from each county who were nominated
to serve from the county without regard to county commissioner districts. The commission
members must be qualified voters in the county in which they reside. A person is not
disqualified from serving on the charter commission because the person holds an elective
or appointive office. The appointing authority shall fill any vacancies. Appointments must
be filed with the board of county commissioners of the county in which the appointee
resides. An appointee must file an acceptance with the board within ten days of notification
of the appointment or be considered to have declined the appointment.
new text end

Sec. 3.

new text begin [372A.03] CHARTER COMMISSION; TERMS; ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Chair; rules. new text end

new text begin The charter commission shall meet within 30 days
after the initial appointment, elect a chair from among the members, and establish rules,
including quorum requirements, for its operation and procedures.
new text end

new text begin Subd. 2. new text end

new text begin Expenses and administration. new text end

new text begin The members of the charter commission
receive no compensation except reimbursement for expenses actually incurred in the
course of their duties. The board of county commissioners of each county may make
appropriations to the charter commission to be used to employ research and clerical
assistance, for supplies, and to meet expenses considered necessary by the charter
commission. The charter commission may request and receive assistance from any county
official. If requested, a personnel director shall assist the charter commission to test and
hire employees. If requested, a county attorney shall provide legal services.
new text end

new text begin Subd. 3. new text end

new text begin Terms. new text end

new text begin Members of the charter commission hold office until a final report
has been made under section 4.
new text end

Sec. 4.

new text begin [372A.04] CHARTER COMMISSION; POWERS AND DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Report to county boards. new text end

new text begin The charter commission shall deliver
to the board of county commissioners of each contiguous county either (1) its report
determining that the present form of county government is adequate for the county and
that a charter is not necessary or desirable, or (2) a draft of a proposed charter. The report
must be signed by a majority of the members of the charter commission.
new text end

new text begin Subd. 2. new text end

new text begin Contents of report. new text end

new text begin The proposed charter may provide for any form of
government consistent with the Constitution of the state of Minnesota. It may provide for
the establishment and administration of all departments of a county government and for the
regulation of all local county functions. It may abolish or consolidate any department or
agency. It shall provide for present functions to be assumed by new elective or appointive
officers as provided in the charter and may provide for other powers consistent with other
law. It shall provide methods of procedure in respect to the operation of the government
created and the duties of all officers. It shall provide for a home rule charter commission
consistent with article XII, section 5, of the Constitution of the state of Minnesota and
may provide for alternative methods for amending or abandoning the charter consistent
with the Constitution. A county may be authorized to acquire by gift, devise, purchase,
or condemnation or sell or lease any property needed for the full discharge of its duties
and powers. All special and general laws authorizing a county to incur indebtedness or
issue bonds shall be subject to the charter, provided that the charter provisions are not in
conflict with general laws relating to public indebtedness. A county shall continue to
have all the powers granted by law.
new text end

new text begin Subd. 3. new text end

new text begin Public hearings. new text end

new text begin The charter commission is required to hold at least one
public hearing on the report in each of the county commissioner districts. Based upon the
public hearings, the charter commission may revise the report. The revised report must
be signed by a majority of the members of the charter commission, and delivered to
the county boards.
new text end

new text begin Subd. 4. new text end

new text begin Personnel exception. new text end

new text begin Personnel matters relating to employees of a county
continue to be governed by law. A charter proposed for adoption under this act shall
not apply to personnel matters.
new text end

Sec. 5.

new text begin [372A.05] ELECTION; BALLOT.
new text end

new text begin Subdivision 1. new text end

new text begin Procedure; notice. new text end

new text begin Upon delivery of the final proposed charter to the
board of county commissioners in each county, each board shall submit it to the voters in
that county at a general election. The notice of election must contain the complete charter
and must be published once a week for two successive weeks in a qualified newspaper
of general circulation within each county.
new text end

new text begin Subd. 2. new text end

new text begin Ballot form. new text end

new text begin The ballot must at least contain the following question with
additional descriptive language that the charter commission may want included:
new text end

new text begin "Shall the proposed county charter be adopted?
new text end

	new text begin Yes . new text end
	new text begin No . " new text end

new text begin The voter shall place an "X" after one of the last two words to express the voter's choice.
new text end

Sec. 6.

new text begin [372A.06] ADOPTION OF CHARTER.
new text end

new text begin If a majority of the votes cast in a county on the proposition are in favor of the
proposed charter, it shall be considered adopted for that county. The charter shall take
effect two years after the election.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective the day following final enactment.
new text end