HF 112

as introduced - 90th Legislature (2017 - 2018) Posted on 03/13/2017 05:57pm

A bill for an act
relating to local governments; providing for reverse referendum approval of certain
issuance of debt; proposing coding for new law in Minnesota Statutes, chapter
416.

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

Section 1.

new text begin [416.17] VOTER APPROVAL REQUIRED; LEASES OF PUBLIC
BUILDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Reverse referendum; certain leases. new text end

new text begin (a) Before executing a qualified
lease, a municipality must publish notice of its intention to execute the lease and the date
and time of a hearing to obtain public comment on the matter. The notice must be published
in the official newspaper of the municipality or in a newspaper of general circulation in the
municipality and must include a statement of the amount of the obligations to be issued by
the authority and the maximum amount of annual rent to be paid by the municipality under
the qualified lease. The notice must be published at least 14, but not more than 28, days
before the date of the hearing.
new text end

new text begin (b) A municipality may enter a lease subject to paragraph (a) only upon obtaining the
approval of a majority of the voters voting on the question of issuing the obligations, if a
petition requesting a vote on the issuance is signed by voters equal to five percent of the
votes cast in the municipality in the last general election and is filed with the county auditor
within 30 days after the public hearing.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given them.
new text end

new text begin (b) "Authority" includes any of the following governmental units, the boundaries of
which include all or part of the geographic area of the municipality:
new text end

new text begin (1) a housing and redevelopment authority, as defined in section 469.002, subdivision
2;
new text end

new text begin (2) a port authority, as defined in section 469.048;
new text end

new text begin (3) an economic development authority, as established under section 469.091; or
new text end

new text begin (4) an entity established or exercising powers under a special law with powers similar
to those of an entity described in clauses (1) to (3).
new text end

new text begin (c) "Municipality" means a statutory or home rule charter city, a county, or a town
described in section 368.01, but does not include a city of the first class, however organized,
as defined in section 410.01.
new text end

new text begin (d) "Qualified lease" means a lease for use of public land, all or part of a public building,
or other public facilities consisting of real property for a term of three or more years as a
lessee if the property to be leased to the municipality was acquired or improved with the
proceeds of obligations, as defined in section 475.51, subdivision 3, issued by an authority.
new text end