HF 1298

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to joint powers authority; authorizing a 
  1.3             joint powers board that owns and operates sewage 
  1.4             treatment facilities to issue general obligation bonds 
  1.5             backed by the full faith and credit of the member 
  1.6             governmental units; amending Minnesota Statutes 2000, 
  1.7             section 471.59, subdivision 11. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 471.59, 
  1.10  subdivision 11, is amended to read: 
  1.11     Subd. 11.  [JOINT POWERS BOARD.] (a) Two or more 
  1.12  governmental units, through action of their governing bodies, by 
  1.13  adoption of a joint powers agreement that complies with the 
  1.14  provisions of subdivisions 1 to 5, may establish a joint board 
  1.15  to issue bonds or obligations under any law by which any of the 
  1.16  governmental units establishing the joint board may 
  1.17  independently issue bonds or obligations and may use the 
  1.18  proceeds of the bonds or obligations to carry out the purposes 
  1.19  of the law under which the bonds or obligations are issued.  A 
  1.20  joint board established under this section may issue obligations 
  1.21  and other forms of indebtedness only in accordance with express 
  1.22  authority granted by the action of the governing bodies of the 
  1.23  governmental units that established the joint board.  Except as 
  1.24  provided in paragraph (b), the joint board established under 
  1.25  this subdivision must be composed solely of members of the 
  1.26  governing bodies of the governmental unit that established the 
  2.1   joint board.  Except as provided in paragraph (d), a joint board 
  2.2   established under this subdivision may not pledge the full faith 
  2.3   and credit or taxing power of any of the governmental units that 
  2.4   established the joint board.  The obligations or other forms of 
  2.5   indebtedness must be obligations of the joint board issued on 
  2.6   behalf of the governmental units creating the joint board.  The 
  2.7   obligations or other forms of indebtedness must be issued in the 
  2.8   same manner and subject to the same conditions and limitations 
  2.9   that would apply if the obligations were issued or indebtedness 
  2.10  incurred by one of the governmental units that established the 
  2.11  joint board, provided that any reference to a governmental unit 
  2.12  in the statute, law, or charter provision authorizing the 
  2.13  issuance of the bonds or the incurring of the indebtedness is 
  2.14  considered a reference to the joint board. 
  2.15     (b) Notwithstanding paragraph (a), one school district, one 
  2.16  county, and one public health entity, through action of their 
  2.17  governing bodies, may establish a joint board to establish and 
  2.18  govern a family services collaborative under section 124D.23.  
  2.19  The school district, county, and public health entity may 
  2.20  include other governmental entities at their discretion.  The 
  2.21  membership of a board established under this paragraph, in 
  2.22  addition to members of the governing bodies of the participating 
  2.23  governmental units, must include the representation required by 
  2.24  section 124D.23, subdivision 1, paragraph (a), selected in 
  2.25  accordance with section 124D.23, subdivision 1, paragraph (c). 
  2.26     (c) Notwithstanding paragraph (a), counties, school 
  2.27  districts, and mental health entities, through action of their 
  2.28  governing bodies, may establish a joint board to establish and 
  2.29  govern a children's mental health collaborative under sections 
  2.30  245.491 to 245.496, or a collaborative established by the merger 
  2.31  of a children's mental health collaborative and a family 
  2.32  services collaborative under section 124D.23.  The county, 
  2.33  school district, and mental health entities may include other 
  2.34  entities at their discretion.  The membership of a board 
  2.35  established under this paragraph, in addition to members of the 
  2.36  governing bodies of the participating governmental units, must 
  3.1   include the representation provided by section 245.493, 
  3.2   subdivision 1. 
  3.3      (d) Notwithstanding paragraph (a), a joint powers board 
  3.4   created to own and operate wastewater treatment facilities may 
  3.5   issue and sell general obligation bonds pursuant to sections 
  3.6   115.46 and 444.075, and chapter 475, to acquire land for, 
  3.7   construct, expand, furnish, equip, and modify its wastewater 
  3.8   treatment facilities and pledge the full faith and credit and 
  3.9   taxing power of the governmental units that are members of the 
  3.10  joint powers board.  The joint powers board is a municipality 
  3.11  within the meaning of chapter 475.