Bill Text: MN HF1645 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Hennepin County Soil and Water Conservation district terminated and duties transferred.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2011-05-09 - Committee report, to pass and re-refer to Environment, Energy and Natural Resources Policy and Finance [HF1645 Detail]
Download: Minnesota-2011-HF1645-Introduced.html
1.2relating to local government; terminating Hennepin County Soil And Water
1.3Conservation District and transferring certain duties;proposing coding for new
1.4law in Minnesota Statutes, chapter 383B.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [383B.76] TERMINATION OF HENNEPIN COUNTY SOIL AND
1.7WATER CONSERVATION DISTRICT.
1.8 Subdivision 1. Termination. Notwithstanding section 103C.225, the Hennepin
1.9County Soil and Water Conservation District is terminated effective December 31, 2011.
1.10 Subd. 2. Transfer of duties. Effective January 1, 2012, the powers and duties of
1.11the district regarding the Wetland Conservation Act as established in statutes and rules
1.12on the effective date of this act, and as these statutes and rules may be amended, are
1.13transferred to Hennepin County.
1.14 Subd. 3. Continuation plan. Commencing July 1, 2011, the Board of Water and
1.15Soil Resources shall facilitate the preparation of a plan to continue the administration of
1.16the remaining powers, duties, and responsibilities of the district.
1.17 Subd. 4. Certification of termination. Upon completion of the plan and no
1.18later than September 1, 2011, the Board of Water and Soil Resources shall certify the
1.19termination to the district board.
1.20 Subd. 5. District board duties. Upon receipt of the certification of termination, the
1.21district board shall promptly terminate the affairs of the district. The district board shall
1.22file an application with the secretary of state to discontinue the district within 60 days of
1.23the receipt of the certification of termination. The application shall cite the certificate of
2.1termination, affirm that all property and funds of the district have been properly disposed
2.2of, and include a full accounting of the disposal of property and funds.
2.3 Subd. 6. Certificate of dissolution. The secretary of state shall issue to the district
2.4board a certificate of dissolution and record the certificate in the secretary of state's office.
2.5 Subd. 7. Effect of dissolution. Upon issuance of the certificate of dissolution, any
2.6ordinances and regulations adopted by the district have no further force and effect. All
2.7contracts entered into, to which the district or district board were parties, shall remain in
2.8force and effect for the period provided in the contracts. The Board of Water and Soil
2.9Resources shall be substituted for the district or district board as party to the contracts
2.10and succeed to the district's rights and duties. The Board of Water and Soil Resources
2.11may delegate the district's rights and duties to a local government unit, as identified in
2.12the plan developed under subdivision 3.
2.13 Sec. 2. EFFECTIVE DATE; LOCAL APPROVAL.
2.14Section 1 is effective the day after the governing body of Hennepin County and its
2.15chief clerical officer timely complete their compliance with Minnesota Statutes, section
2.16645.021, subdivisions 2 and 3.
1.3Conservation District and transferring certain duties;proposing coding for new
1.4law in Minnesota Statutes, chapter 383B.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [383B.76] TERMINATION OF HENNEPIN COUNTY SOIL AND
1.7WATER CONSERVATION DISTRICT.
1.8 Subdivision 1. Termination. Notwithstanding section 103C.225, the Hennepin
1.9County Soil and Water Conservation District is terminated effective December 31, 2011.
1.10 Subd. 2. Transfer of duties. Effective January 1, 2012, the powers and duties of
1.11the district regarding the Wetland Conservation Act as established in statutes and rules
1.12on the effective date of this act, and as these statutes and rules may be amended, are
1.13transferred to Hennepin County.
1.14 Subd. 3. Continuation plan. Commencing July 1, 2011, the Board of Water and
1.15Soil Resources shall facilitate the preparation of a plan to continue the administration of
1.16the remaining powers, duties, and responsibilities of the district.
1.17 Subd. 4. Certification of termination. Upon completion of the plan and no
1.18later than September 1, 2011, the Board of Water and Soil Resources shall certify the
1.19termination to the district board.
1.20 Subd. 5. District board duties. Upon receipt of the certification of termination, the
1.21district board shall promptly terminate the affairs of the district. The district board shall
1.22file an application with the secretary of state to discontinue the district within 60 days of
1.23the receipt of the certification of termination. The application shall cite the certificate of
2.1termination, affirm that all property and funds of the district have been properly disposed
2.2of, and include a full accounting of the disposal of property and funds.
2.3 Subd. 6. Certificate of dissolution. The secretary of state shall issue to the district
2.4board a certificate of dissolution and record the certificate in the secretary of state's office.
2.5 Subd. 7. Effect of dissolution. Upon issuance of the certificate of dissolution, any
2.6ordinances and regulations adopted by the district have no further force and effect. All
2.7contracts entered into, to which the district or district board were parties, shall remain in
2.8force and effect for the period provided in the contracts. The Board of Water and Soil
2.9Resources shall be substituted for the district or district board as party to the contracts
2.10and succeed to the district's rights and duties. The Board of Water and Soil Resources
2.11may delegate the district's rights and duties to a local government unit, as identified in
2.12the plan developed under subdivision 3.
2.13 Sec. 2. EFFECTIVE DATE; LOCAL APPROVAL.
2.14Section 1 is effective the day after the governing body of Hennepin County and its
2.15chief clerical officer timely complete their compliance with Minnesota Statutes, section
2.16645.021, subdivisions 2 and 3.
