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A bill for an act
relating to local government; modifying public utilities commission procedures;
modifying the port authority powers of the city of Lake City; changing the length
of terms for appointees to the Red Wing Port Authority; amending Minnesota
Statutes 2024, sections 469.0773; 469.081, subdivision 3a; Minnesota Statutes
2025 Supplement, section 412.341, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2025 Supplement, section 412.341, subdivision 3, is amended
to read:
Subd. 3.
Change in membership; procedures.
(a) The number of commission members
may be increased or decreased by ordinance within the permitted number of commissioner
members as provided in subdivision 1, paragraph (a). The ordinance
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changing
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modifying
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the number of commission members must include a provision for maintaining staggered
terms for commission members, provided that if the number of members is reduced, the
reduction must be effected in such a manner that all incumbent members are permitted to
serve their full terms. An ordinance adopted under this subdivision must not be effective
until at least 45 days after its adoption.
(b) An ordinance
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reducing
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modifying
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the size of the commission shall not take effect
and the question of whether to
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reduce
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modify
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the size of the commission must be placed
on the ballot at the next general or special election if: (1) within 45 days of the ordinance's
adoption by the city council, a petition is filed with the city clerk requesting that a referendum
be held on
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reducing
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modifying
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the size of the commission; and (2) the petition is signed by
a number of eligible voters equal to at least 15 percent of the number of electors voting at
the most recent general election. The ballot question shall be substantially stated as follows:
"Shall the size of the public utilities commission be reduced
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(increased)
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from .......
members to.......members?"
The question shall be followed by the words "Yes" and "No" with an appropriate oval or
similar target shape before each in which a voter may record a choice. If a majority of the
votes cast on the question are in favor of
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reducing
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modifying
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the size of the commission,
the ordinance shall be considered approved and shall be effective immediately. If the majority
of votes cast on the question are against
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reducing
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modifying
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the size of the commission,
the ordinance shall not take effect.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 2.
Minnesota Statutes 2024, section 469.0773, is amended to read:
469.0773 LAKE CITY.
Subdivision 1.
Establishment.
The city of Lake City may establish a port authority
commission that has the same powers as a port authority established under section
469.049
or other law
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, except that the port authority shall have no power to issue debt or bonds of
any kind or exercise powers of eminent domain. The port authority may request the city of
Lake City to levy a tax for the benefit of the port authority. Notwithstanding section 469.053,
subdivision 4, the city of Lake City may grant or deny the request to levy a tax
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. If the city
establishes a port authority commission, the city shall exercise all the powers relating to the
port authority granted to a city by sections
469.048
to
469.068
or other law. Notwithstanding
any law to the contrary, the city may choose the name of the commission.
Subd. 2.
Municipal housing and redevelopment authority.
If the city of Lake City
establishes a port authority commission under subdivision 1, the commission may exercise
the same powers as a municipal housing and redevelopment authority established under
sections
469.001
to
469.047
or other law
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, except that t
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he port authority shall have no power
to levy taxes, issue debt or bonds of any kind, or exercise powers of eminent domain
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. The
city shall then exercise all the powers relating to the municipal housing and redevelopment
authority granted to a city by sections
469.001
to
469.047
or other law.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 3.
Minnesota Statutes 2024, section 469.081, subdivision 3a, is amended to read:
Subd. 3a.
Terms of members.
Notwithstanding the enabling resolution or section
469.050, subdivision 4
, the term length for an appointee to the Red Wing Port Authority
for a term beginning on or after January 1, 2011, shall be
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three
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six
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years.
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EFFECTIVE DATE.
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This section is effective the day after the governing body of the
city of Red Wing and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
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Sec. 4.
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CITY OF LAKE CITY; VALIDATION OF PRIOR ACT.
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Notwithstanding the time limits in Minnesota Statutes, section 645.021, the city of Lake
City may approve, by resolution, Laws 2021, chapter 19, section 1, and file its approval
with the secretary of state by January 1, 2027. If approved under this paragraph, actions
undertaken by the city in accordance with Laws 2021, chapter 19, section 1, and Minnesota
Statutes, section 469.0773, are validated.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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