Bill Text: MN SF468 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Hennepin county soil and water conservation district discontinuance and duties transfer
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-03-21 - Second reading [SF468 Detail]
Download: Minnesota-2013-SF468-Engrossed.html
1.2relating to local government; discontinuing the Hennepin Soil and Water
1.3Conservation District and transferring its duties;proposing coding for new law
1.4in Minnesota Statutes, chapter 383B.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [383B.761] DISCONTINUANCE OF HENNEPIN COUNTY SOIL
1.7AND WATER CONSERVATION DISTRICT; TRANSFER OF DUTIES.
1.8 Subdivision 1. Petition. Notwithstanding section 103C.225, the Hennepin County
1.9Board of Commissioners may petition the Minnesota Board of Water and Soil Resources
1.10to discontinue the Hennepin Soil and Water Conservation District and transfer the duties
1.11and authorities of the district to the Hennepin County Board of Commissioners. The
1.12Minnesota Board of Water and Soil Resources has 60 days from the receipt of the petition
1.13to conduct its review. The Minnesota Board of Water and Soil Resources shall make
1.14its determination regarding the petition no later than its first regular meeting following
1.15the 60-day review period.
1.16 Subd. 2. Discontinuance. The Minnesota Board of Water and Soil Resources shall
1.17review the petition submitted under subdivision 1 to determine whether progress toward
1.18the goals identified in section 103C.005 can be achieved by discontinuing the Hennepin
1.19Soil and Water Conservation District and transferring the duties and authorities of the
1.20district to the Hennepin County Board of Commissioners. If the Board of Water and Soil
1.21Resources determines that progress toward the goals identified in section 103C.005 can
1.22be achieved by the discontinuance of the district and the transfer of district duties and
1.23authorities to the Hennepin County Board of Commissioners, the Board of Water and Soil
1.24Resources shall order the discontinuance of the Hennepin Soil and Water Conservation
2.1District. The order shall become effective within 60 days from the date of the order. The
2.2Minnesota Board of Water and Soil Resources may discontinue the Hennepin Soil and
2.3Water Conservation District without a referendum.
2.4 Subd. 3. Transfer of duties and authorities. Upon discontinuance of the
2.5Hennepin Soil and Water Conservation District by the Minnesota Board of Water and Soil
2.6Resources, the Hennepin County Board of Commissioners has the duties and authorities
2.7of a soil and water conservation district. The Hennepin County Board of Commissioners
2.8may assign these duties and responsibilities to the Hennepin County Department of
2.9Environmental Services or other county departments as deemed appropriate by the county
2.10board. All contracts in effect on the date of the discontinuance of the district, to which
2.11the Hennepin Soil and Water Conservation District is a party, remain in force and effect
2.12for the period provided in the contracts. Hennepin County shall be substituted for the
2.13Hennepin Soil and Water Conservation District as party to the contracts and succeed
2.14to the district's rights and duties.
2.15 Subd. 4. Transfer of assets. The Hennepin Conservation District Board of
2.16Supervisors shall transfer the assets of the district to the Hennepin County Board of
2.17Commissioners no later than 60 days from the date of the order. The Hennepin County
2.18Board of Commissioners shall use the transferred assets for purposes of implementing the
2.19transferred duties and authorities.
2.20 Subd. 5. Grants. Upon discontinuance of the Hennepin Soil and Water
2.21Conservation District by the Minnesota Board of Water and Soil Resources, Hennepin
2.22County has the eligibility of a soil and water conservation district for state grant funds.
2.23 Subd. 6. Reestablishment. The Hennepin County Board of Commissioners may
2.24petition the Minnesota Board of Water and Soil Resources to reestablish the Hennepin
2.25Soil and Water Conservation District. Alternatively, the Minnesota Board of Water
2.26and Soil Resources under its authority in section 103C.201, and after giving notice
2.27of corrective actions and time to implement the corrective actions, may reestablish the
2.28Hennepin Soil and Water Conservation District if it determines the goals identified in
2.29section 103C.005 are not being achieved. The Minnesota Board of Water and Soil
2.30Resources may reestablish the Hennepin Soil and Water Conservation District under this
2.31subdivision without a referendum.
2.32EFFECTIVE DATE; LOCAL APPROVAL.This section is effective the day after
2.33the governing body of Hennepin County and its chief clerical officer timely complete their
2.34compliance with section 645.021, subdivisions 2 and 3.
1.3Conservation District and transferring its duties;proposing coding for new law
1.4in Minnesota Statutes, chapter 383B.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [383B.761] DISCONTINUANCE OF HENNEPIN COUNTY SOIL
1.7AND WATER CONSERVATION DISTRICT; TRANSFER OF DUTIES.
1.8 Subdivision 1. Petition. Notwithstanding section 103C.225, the Hennepin County
1.9Board of Commissioners may petition the Minnesota Board of Water and Soil Resources
1.10to discontinue the Hennepin Soil and Water Conservation District and transfer the duties
1.11and authorities of the district to the Hennepin County Board of Commissioners. The
1.12Minnesota Board of Water and Soil Resources has 60 days from the receipt of the petition
1.13to conduct its review. The Minnesota Board of Water and Soil Resources shall make
1.14its determination regarding the petition no later than its first regular meeting following
1.15the 60-day review period.
1.16 Subd. 2. Discontinuance. The Minnesota Board of Water and Soil Resources shall
1.17review the petition submitted under subdivision 1 to determine whether progress toward
1.18the goals identified in section 103C.005 can be achieved by discontinuing the Hennepin
1.19Soil and Water Conservation District and transferring the duties and authorities of the
1.20district to the Hennepin County Board of Commissioners. If the Board of Water and Soil
1.21Resources determines that progress toward the goals identified in section 103C.005 can
1.22be achieved by the discontinuance of the district and the transfer of district duties and
1.23authorities to the Hennepin County Board of Commissioners, the Board of Water and Soil
1.24Resources shall order the discontinuance of the Hennepin Soil and Water Conservation
2.1District. The order shall become effective within 60 days from the date of the order. The
2.2Minnesota Board of Water and Soil Resources may discontinue the Hennepin Soil and
2.3Water Conservation District without a referendum.
2.4 Subd. 3. Transfer of duties and authorities. Upon discontinuance of the
2.5Hennepin Soil and Water Conservation District by the Minnesota Board of Water and Soil
2.6Resources, the Hennepin County Board of Commissioners has the duties and authorities
2.7of a soil and water conservation district. The Hennepin County Board of Commissioners
2.8may assign these duties and responsibilities to the Hennepin County Department of
2.9Environmental Services or other county departments as deemed appropriate by the county
2.10board. All contracts in effect on the date of the discontinuance of the district, to which
2.11the Hennepin Soil and Water Conservation District is a party, remain in force and effect
2.12for the period provided in the contracts. Hennepin County shall be substituted for the
2.13Hennepin Soil and Water Conservation District as party to the contracts and succeed
2.14to the district's rights and duties.
2.15 Subd. 4. Transfer of assets. The Hennepin Conservation District Board of
2.16Supervisors shall transfer the assets of the district to the Hennepin County Board of
2.17Commissioners no later than 60 days from the date of the order. The Hennepin County
2.18Board of Commissioners shall use the transferred assets for purposes of implementing the
2.19transferred duties and authorities.
2.20 Subd. 5. Grants. Upon discontinuance of the Hennepin Soil and Water
2.21Conservation District by the Minnesota Board of Water and Soil Resources, Hennepin
2.22County has the eligibility of a soil and water conservation district for state grant funds.
2.23 Subd. 6. Reestablishment. The Hennepin County Board of Commissioners may
2.24petition the Minnesota Board of Water and Soil Resources to reestablish the Hennepin
2.25Soil and Water Conservation District. Alternatively, the Minnesota Board of Water
2.26and Soil Resources under its authority in section 103C.201, and after giving notice
2.27of corrective actions and time to implement the corrective actions, may reestablish the
2.28Hennepin Soil and Water Conservation District if it determines the goals identified in
2.29section 103C.005 are not being achieved. The Minnesota Board of Water and Soil
2.30Resources may reestablish the Hennepin Soil and Water Conservation District under this
2.31subdivision without a referendum.
2.32EFFECTIVE DATE; LOCAL APPROVAL.This section is effective the day after
2.33the governing body of Hennepin County and its chief clerical officer timely complete their
2.34compliance with section 645.021, subdivisions 2 and 3.
