SF 2163

Introduction - 82nd Legislature (2001 - 2002)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to legal requirements; eliminating or 
  1.3             modifying requirements that are obsolete, unnecessary, 
  1.4             or inefficient; authorizing the use of facsimile or 
  1.5             digital signatures by the metropolitan council; 
  1.6             eliminating its consolidated financial report and 
  1.7             personnel, ethical practices, and communication 
  1.8             report; providing for automatic renewal of livable 
  1.9             communities participation by cities; requiring renewal 
  1.10            of wellwater maintenance permits only every five 
  1.11            years; raising the dollar threshold for certain money 
  1.12            settlements; providing for certain livable communities 
  1.13            funds to be transferred to development authorities in 
  1.14            participating municipalities; authorizing the 
  1.15            metropolitan council to establish a separate body to 
  1.16            exercise its HRA powers; amending Minnesota Statutes 
  1.17            2000, sections 103I.205, subdivision 3; 466.08; 
  1.18            473.129, by adding a subdivision; 473.13, subdivision 
  1.19            1; 473.195, by adding a subdivision; 473.253, 
  1.20            subdivision 2; 473.254, subdivisions 1, 6; 473.255, 
  1.21            subdivisions 1, 4; 473.704, subdivision 19; repealing 
  1.22            Minnesota Statutes 2000, sections 473.1623, 
  1.23            subdivisions 3, 6; 473.23, subdivision 1; Minnesota 
  1.24            Rules, parts 5900.0100; 5900.0200; 5900.0300; 
  1.25            5900.0400; 5900.0500; 5900.0600; 5900.0700; 5900.0800; 
  1.26            5900.0900; 5900.1000; 5900.1100; 5900.1200; 5900.1300; 
  1.27            5900.1400; 5900.1500; 5900.1600; 5900.1700; 5900.1800; 
  1.28            5900.1900; 5900.2000; 5900.2100; 5900.2200; 5900.2300; 
  1.29            5900.2400; 5900.2500; 5900.2600; 5900.2700; 5900.2800; 
  1.30            5900.2900; 5900.3000; 5900.3100; 5900.3200; 5900.3300; 
  1.31            5900.3400; 5900.3500; 5900.3600; 5900.3700; 5900.3800; 
  1.32            5900.3900; 5900.4000; 5900.4100; 5900.4200; 5900.4300; 
  1.33            5900.4400; 5900.4500; 5900.4600; 5900.4700; 5900.4800; 
  1.34            5900.4900; 5900.5000; 5900.5100; 5900.5200; 5900.5300; 
  1.35            5900.5400; 5900.5500; 5900.5600; 5900.5700; 5900.5800; 
  1.36            5900.5900; 5900.6000; 5900.6100; 5900.6200; 5900.6300; 
  1.37            5900.6400; 5900.6500; 5900.6800; 5900.6900; 5900.7000; 
  1.38            5900.7100; 5900.7200; 5900.7300; 5900.7400; 5900.7500. 
  1.39  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.40                             ARTICLE 1 
  1.41     Section 1.  Minnesota Statutes 2000, section 473.129, is 
  1.42  amended by adding a subdivision to read: 
  2.1      Subd. 11.  [FACSIMILE OR DIGITAL SIGNATURES.] Under 
  2.2   guidelines approved by the council, digital signatures and 
  2.3   facsimile or electronic approvals, if digital signatures are not 
  2.4   practicable under chapter 325K, may be used by the council in 
  2.5   carrying out its duties and responsibilities.  A facsimile 
  2.6   signature, electronic approval, or digital signature, when used 
  2.7   according to the council's guidelines, is as effective as an 
  2.8   original signature. 
  2.9      Sec. 2.  Minnesota Statutes 2000, section 473.13, 
  2.10  subdivision 1, is amended to read: 
  2.11     Subdivision 1.  [BUDGET.] (a) On or before December 20 of 
  2.12  each year the council, after the public hearing required in 
  2.13  section 275.065, shall adopt a final budget covering its 
  2.14  anticipated receipts and disbursements for the ensuing year and 
  2.15  shall decide upon the total amount necessary to be raised from 
  2.16  ad valorem tax levies to meet its budget.  The budget shall 
  2.17  state in detail the expenditures for each program to be 
  2.18  undertaken, including the expenses for salaries, consultant 
  2.19  services, overhead, travel, printing, and other items.  The 
  2.20  budget shall state in detail the capital expenditures of the 
  2.21  council for the budget year, based on a five-year capital 
  2.22  program adopted by the council and transmitted to the 
  2.23  legislature.  After adoption of the budget and no later than 
  2.24  five working days after December 20, the council shall certify 
  2.25  to the auditor of each metropolitan county the share of the tax 
  2.26  to be levied within that county, which must be an amount bearing 
  2.27  the same proportion to the total levy agreed on by the council 
  2.28  as the net tax capacity of the county bears to the net tax 
  2.29  capacity of the metropolitan area.  The maximum amount of any 
  2.30  levy made for the purpose of this chapter may not exceed the 
  2.31  limits set by the statute authorizing the levy. 
  2.32     (b) Each even-numbered year the council shall prepare for 
  2.33  its transit programs a financial plan for the succeeding three 
  2.34  calendar years, in half-year segments.  The financial plan must 
  2.35  contain the elements specified in section 473.1623, subdivision 
  2.36  3.  The financial plan must contain schedules of user charges 
  3.1   and any changes in user charges planned or anticipated by the 
  3.2   council during the period of the plan.  The financial plan must 
  3.3   contain a proposed request for state financial assistance for 
  3.4   the succeeding biennium. 
  3.5      (c) In addition, the budget must show for each year: 
  3.6      (1) the estimated operating revenues from all sources 
  3.7   including funds on hand at the beginning of the year, and 
  3.8   estimated expenditures for costs of operation, administration, 
  3.9   maintenance, and debt service; 
  3.10     (2) capital improvement funds estimated to be on hand at 
  3.11  the beginning of the year and estimated to be received during 
  3.12  the year from all sources and estimated cost of capital 
  3.13  improvements to be paid out or expended during the year, all in 
  3.14  such detail and form as the council may prescribe; and 
  3.15     (3) the estimated source and use of pass-through funds. 
  3.16     Sec. 3.  Minnesota Statutes 2000, section 473.254, 
  3.17  subdivision 1, is amended to read: 
  3.18     Subdivision 1.  [PARTICIPATION.] (a) By November 15 of each 
  3.19  year, A municipality may elect to participate in the local 
  3.20  housing incentive account program.  If a municipality does not 
  3.21  elect to participate for the year, it is not subject to this 
  3.22  section.  If the election to participate occurs by November 15 
  3.23  of any year, it is effective commencing the next calendar year; 
  3.24  otherwise it is effective commencing the next succeeding 
  3.25  calendar year.  An election to participate in the program is 
  3.26  effective until revoked according to paragraph (b).  A 
  3.27  municipality is subject to this section only in those calendar 
  3.28  years for which its election to participate in the program is 
  3.29  effective.  For purposes of this section, municipality means a 
  3.30  municipality electing to participate in the local housing 
  3.31  incentive account program for the calendar year in question, 
  3.32  unless the context indicates otherwise. 
  3.33     (b) A municipality may revoke its election to participate 
  3.34  in the local housing incentive account program.  If the 
  3.35  revocation occurs by November 15 of any year, it is effective 
  3.36  commencing the next calendar year; otherwise it is effective 
  4.1   commencing the next succeeding calendar year.  After revoking 
  4.2   its election to participate in the program, a municipality may 
  4.3   again elect to participate in the program according to paragraph 
  4.4   (a). 
  4.5      (c) A municipality that elects to participate may receive 
  4.6   grants or loans from the tax base revitalization account, 
  4.7   livable communities demonstration account, or the local housing 
  4.8   incentive account.  A municipality that does not participate is 
  4.9   not eligible to receive a grant under sections 116J.551 to 
  4.10  116J.557.  The council, when making discretionary funding 
  4.11  decisions, shall give consideration to a municipality's 
  4.12  participation in the local housing incentives program.  
  4.13     Sec. 4.  Minnesota Statutes 2000, section 473.704, 
  4.14  subdivision 19, is amended to read: 
  4.15     Subd. 19.  [FINANCIAL REPORT.] The commission, by December 
  4.16  15 of each even-numbered year, shall prepare and submit to the 
  4.17  legislature a financial report that contains the information 
  4.18  required by Minnesota Statutes 1998, section 473.1623, 
  4.19  subdivision 3, in a format consistent with the consolidated 
  4.20  financial report required by that subdivision. 
  4.21     Sec. 5.  [REPEALER.] 
  4.22     (a) Minnesota Statutes 2000, sections 473.1623, 
  4.23  subdivisions 3 and 6; and 473.23, subdivision 1, are repealed. 
  4.24     (b) Minnesota Rules, parts 5900.0100; 5900.0200; 5900.0300; 
  4.25  5900.0400; 5900.0500; 5900.0600; 5900.0700; 5900.0800; 
  4.26  5900.0900; 5900.1000; 5900.1100; 5900.1200; 5900.1300; 
  4.27  5900.1400; 5900.1500; 5900.1600; 5900.1700; 5900.1800; 
  4.28  5900.1900; 5900.2000; 5900.2100; 5900.2200; 5900.2300; 
  4.29  5900.2400; 5900.2500; 5900.2600; 5900.2700; 5900.2800; 
  4.30  5900.2900; 5900.3000; 5900.3100; 5900.3200; 5900.3300; 
  4.31  5900.3400; 5900.3500; 5900.3600; 5900.3700; 5900.3800; 
  4.32  5900.3900; 5900.4000; 5900.4100; 5900.4200; 5900.4300; 
  4.33  5900.4400; 5900.4500; 5900.4600; 5900.4700; 5900.4800; 
  4.34  5900.4900; 5900.5000; 5900.5100; 5900.5200; 5900.5300; 
  4.35  5900.5400; 5900.5500; 5900.5600; 5900.5700; 5900.5800; 
  4.36  5900.5900; 5900.6000; 5900.6100; 5900.6200; 5900.6300; 
  5.1   5900.6400; 5900.6500; 5900.6800; 5900.6900; 5900.7000; 
  5.2   5900.7100; 5900.7200; 5900.7300; 5900.7400; and 5900.7500, are 
  5.3   repealed. 
  5.4      Sec. 6.  [APPLICATION.] 
  5.5      Sections 1 to 5 apply in the counties of Anoka, Carver, 
  5.6   Dakota, Hennepin, Ramsey, Scott, and Washington.  
  5.7      Sec. 7.  [EFFECTIVE DATE.] 
  5.8      Sections 1 to 6 are effective on the day following their 
  5.9   final enactment. 
  5.10                             ARTICLE 2 
  5.11     Section 1.  Minnesota Statutes 2000, section 466.08, is 
  5.12  amended to read: 
  5.13     466.08 [COMPROMISE OF CLAIMS.] 
  5.14     Notwithstanding sections 466.03 and 466.06, the governing 
  5.15  body of any municipality, the administrator of a self-insurance 
  5.16  pool, or the authorized representative of a private insurance 
  5.17  carrier may compromise, adjust and settle tort claims against 
  5.18  the municipality for damages under section 466.02 and may, 
  5.19  subject to procedural requirements imposed by law or charter, 
  5.20  appropriate money for the payment of amounts agreed upon.  When 
  5.21  the amount of a settlement exceeds $10,000 $50,000, the 
  5.22  settlement shall not be effective until approved by the district 
  5.23  court. 
  5.24     Sec. 2.  [EFFECTIVE DATE.] 
  5.25     Section 1 is effective on the day following its final 
  5.26  enactment. 
  5.27                             ARTICLE 3 
  5.28     Section 1.  Minnesota Statutes 2000, section 103I.205, 
  5.29  subdivision 3, is amended to read: 
  5.30     Subd. 3.  [MAINTENANCE PERMIT.] (a) Except as provided 
  5.31  under paragraph (b), a well that is not in use must be sealed or 
  5.32  have a maintenance permit. 
  5.33     (b) If a monitoring well or a dewatering well is not sealed 
  5.34  by 14 months after completion of construction, the owner of the 
  5.35  property on which the well is located must obtain and annually 
  5.36  renew a maintenance permit from the commissioner.  The 
  6.1   maintenance permit is valid for a five-year period and must be 
  6.2   renewed by the owner of the property for each five-year period 
  6.3   thereafter.  Maintenance permit fees under section 103I.208, 
  6.4   subdivision 2, must be paid annually by the owner of the 
  6.5   property. 
  6.6                              ARTICLE 4 
  6.7      Section 1.  Minnesota Statutes 2000, section 473.253, 
  6.8   subdivision 2, is amended to read: 
  6.9      Subd. 2.  [DISTRIBUTION OF FUNDS.] The council shall use 
  6.10  the funds in the livable communities demonstration account to 
  6.11  make grants or loans to municipalities participating in the 
  6.12  local housing incentives program under section 473.254 or to 
  6.13  metropolitan area counties or development authorities to fund 
  6.14  the initiatives specified in section 473.25, paragraph (b), in 
  6.15  participating municipalities.  A grant to a metropolitan county 
  6.16  or a development authority must be used for a project in a 
  6.17  participating municipality.  For the purpose of this section, 
  6.18  "development authority" means a statutory or home rule charter 
  6.19  city, housing and redevelopment authority, economic development 
  6.20  authority, or port authority. 
  6.21     Sec. 2.  Minnesota Statutes 2000, section 473.254, 
  6.22  subdivision 6, is amended to read: 
  6.23     Subd. 6.  [DISTRIBUTION OF FUNDS.] The funds in the account 
  6.24  must be distributed annually by the council to municipalities 
  6.25  that: 
  6.26     (1) have not met their affordable and life-cycle housing 
  6.27  goals as determined by the council; and 
  6.28     (2) are actively funding projects designed to help meet the 
  6.29  goals.  
  6.30     Funds may also be distributed to a development authority 
  6.31  for a project in an eligible municipality.  The funds 
  6.32  distributed by the council must be matched on a 
  6.33  dollar-for-dollar basis by the municipality or development 
  6.34  authority receiving the funds.  When distributing funds in the 
  6.35  account, the council must give priority to those municipalities 
  6.36  projects that (1) are in municipalities that have contribution 
  7.1   net tax capacities that exceed their distribution net tax 
  7.2   capacities by more than $200 per household, (2) demonstrate the 
  7.3   proposed project will link employment opportunities with 
  7.4   affordable and life-cycle housing, and (3) provide matching 
  7.5   funds from a source other than the required amount under 
  7.6   subdivision 3.  For the purposes of this subdivision, 
  7.7   "municipality" means a statutory or home rule charter city or 
  7.8   town in the metropolitan area and "development authority" means 
  7.9   a housing and redevelopment authority, economic development 
  7.10  authority, or port authority. 
  7.11     Sec. 3.  Minnesota Statutes 2000, section 473.255, 
  7.12  subdivision 1, is amended to read: 
  7.13     Subdivision 1.  [DEFINITIONS.] (a) "Inclusionary housing 
  7.14  development" means a new construction development, including 
  7.15  owner-occupied or rental housing, or a combination of both, with 
  7.16  a variety of prices and designs which serve families with a 
  7.17  range of incomes and housing needs. 
  7.18     (b) "Municipality" means a statutory or home rule charter 
  7.19  city or town participating in the local housing incentives 
  7.20  program under section 473.254. 
  7.21     (c) "Development authority" means a housing and 
  7.22  redevelopment authority, economic development authority, or port 
  7.23  authority. 
  7.24     Sec. 4.  Minnesota Statutes 2000, section 473.255, 
  7.25  subdivision 4, is amended to read: 
  7.26     Subd. 4.  [INCLUSIONARY HOUSING GRANTS.] The council shall 
  7.27  use funds in the inclusionary housing account to make grants or 
  7.28  loans to municipalities or development authorities to fund the 
  7.29  production of inclusionary housing developments that are located 
  7.30  in municipalities that offer incentives to assist in the 
  7.31  production of inclusionary housing.  Such incentives include but 
  7.32  are not limited to:  density bonuses, reduced setbacks and 
  7.33  parking requirements, decreased roadwidths, flexibility in site 
  7.34  development standards and zoning code requirements, waiver of 
  7.35  permit or impact fees, fast-track permitting and approvals, or 
  7.36  any other regulatory incentives that would result in 
  8.1   identifiable cost avoidance or reductions that contribute to the 
  8.2   economic feasibility of inclusionary housing. 
  8.3      Sec. 5.  [APPLICATION.] 
  8.4      Sections 1 to 4 apply in the counties of Anoka, Carver, 
  8.5   Dakota, Hennepin, Ramsey, Scott, and Washington. 
  8.6      Sec. 6.  [EFFECTIVE DATE.] 
  8.7      Sections 1 to 4 are effective on the day following their 
  8.8   final enactment. 
  8.9                              ARTICLE 5 
  8.10     Section 1.  Minnesota Statutes 2000, section 473.195, is 
  8.11  amended by adding a subdivision to read: 
  8.12     Subd. 5.  [HRA GOVERNING BODY.] (a) To exercise the 
  8.13  authority granted to it under this section the council may 
  8.14  establish within the council's existing organizational structure 
  8.15  a separate governing body to which the council may delegate all 
  8.16  or any of the authority granted to the council under this 
  8.17  section.  
  8.18     (b) The resolution creating the separate governing body 
  8.19  shall:  
  8.20     (1) establish the powers and duties delegated to the 
  8.21  separate governing body; 
  8.22     (2) establish the number, qualifications, and terms of the 
  8.23  separate governing body's members; and 
  8.24     (3) establish other terms and conditions that are 
  8.25  considered appropriate by the council. 
  8.26     (c) The members of the separate governing body shall be 
  8.27  appointed by the council pursuant to an appointments process 
  8.28  established by the council.  
  8.29     (d) Not less than 75 percent of the separate governing 
  8.30  body's members must be council members.  
  8.31     (e) To comply with United States Code, title 42, section 
  8.32  1437(b), and to implement federal regulations, at least one of 
  8.33  the separate governing body members must be a resident directly 
  8.34  assisted by the council.  
  8.35     (f) Members shall be reimbursed for all actual and 
  8.36  necessary expenses incurred in the performance of duties and 
  9.1   members other than council members shall be paid $50 for each 
  9.2   day when the member attends one or more meetings, or provides 
  9.3   other services, as authorized by the separate governing body.  
  9.4      (g) The council shall provide administrative and staff 
  9.5   support to the separate governing body.  
  9.6      (h) The council may abolish the separate governing body or 
  9.7   limit or expand its delegated authority.  
  9.8      (i) This section does not impair existing contracts to 
  9.9   which the council is a party or limit the council's ability to 
  9.10  enter into contracts when the council exercises any of the 
  9.11  functions, rights, powers, duties, privileges, immunities, or 
  9.12  limitations granted to the council under this section. 
  9.13     Sec. 2.  [APPLICATION.] 
  9.14     Section 1 applies in the counties of Anoka, Carver, Dakota, 
  9.15  Hennepin, Ramsey, Scott, and Washington.