HF 1868

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to metropolitan government; establishing the 
  1.3             metropolitan livable communities advisory board; 
  1.4             establishing the metropolitan livable communities fund 
  1.5             and providing for fund distribution; reducing the levy 
  1.6             authority of the metropolitan mosquito control 
  1.7             commission; requiring the metropolitan mosquito 
  1.8             control district to liquidate certain assets; 
  1.9             providing for certain revenue sharing; amending 
  1.10            Minnesota Statutes 1994, sections 116J.556; 473.167, 
  1.11            subdivisions 2, 3, and by adding a subdivision; 
  1.12            473.702; 473.704, subdivisions 2, 3, 5, 6, 7, 8, 13, 
  1.13            and 17; 473.711, subdivision 2; and 473F.08, 
  1.14            subdivisions 5, 7a, and by adding a subdivision; 
  1.15            proposing coding for new law in Minnesota Statutes, 
  1.16            chapter 473.  
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18                             ARTICLE 1
  1.19                METROPOLITAN LIVABLE COMMUNITIES ACT
  1.20     Section 1.  [473.25] [METROPOLITAN LIVABLE COMMUNITIES 
  1.21  ADVISORY BOARD.] 
  1.22     Subdivision 1.  [ESTABLISHED; MEMBERSHIP.] A metropolitan 
  1.23  livable communities advisory board is established and consists 
  1.24  of nine members, none of whom may be legislators, appointed as 
  1.25  follows:  three members appointed by the governor, three members 
  1.26  appointed by the senate rules and administration subcommittee on 
  1.27  committees, and three members appointed by the speaker of the 
  1.28  house of representatives.  Members of the board serve at the 
  1.29  pleasure of their respective appointing authorities.  In making 
  1.30  the appointments, the appointing authorities shall consider the 
  1.31  need for: 
  2.1      (a) balanced geographic representation, including 
  2.2   representation of the core, the fully developed, developing, and 
  2.3   rural parts of the metropolitan area; 
  2.4      (b) expertise in the public, private nonprofit, and private 
  2.5   for-profit sectors; and 
  2.6      (c) expertise in economic development, land use and 
  2.7   planning, housing, and other disciplines and backgrounds related 
  2.8   to the work of the board. 
  2.9      Of the nine members, at least one shall be:  
  2.10     (1) a representative of the design center for American 
  2.11  urban landscape of the University of Minnesota's college of 
  2.12  architecture and landscape architecture; 
  2.13     (2) a representative of a foundation with a record of 
  2.14  participation in urban redevelopment; 
  2.15     (3) a representative of the private sector with experience 
  2.16  in redevelopment projects; 
  2.17     (4) a representative of metropolitan area municipalities; 
  2.18  and 
  2.19     (5) a person from a community-based organization with 
  2.20  experience in redevelopment 
  2.21     No more than five members may be of the same gender.  Each 
  2.22  year, the board shall select a member to serve as chair of the 
  2.23  board. 
  2.24     Subd. 2.  [COMPENSATION.] The metropolitan council shall 
  2.25  pay board members' per diem and expenses as provided in section 
  2.26  15.059, subdivision 3, except that per diem shall be paid only 
  2.27  for days in which the member attends one or more meetings as 
  2.28  authorized by the board.  The metropolitan council shall include 
  2.29  in its budget anticipated expenditures for board members' per 
  2.30  diem and expenses. 
  2.31     Subd. 3.  [ADMINISTRATIVE SUPPORT.] The metropolitan 
  2.32  council shall provide meeting space, staff, and administrative 
  2.33  support for the board and shall distribute available funds 
  2.34  according to the annual plan prepared by the board and approved 
  2.35  by the council, as provided for in subdivision 4. 
  2.36     Subd. 4.  [POWERS AND DUTIES.] (a) The board shall 
  3.1   establish criteria for uses of the fund provided in section 
  3.2   473.251 that are consistent with and promote the purposes of 
  3.3   this article and the policies of the metropolitan development 
  3.4   guide adopted by the metropolitan council.  The board shall 
  3.5   establish guidelines for livable community demonstration 
  3.6   projects that the board would consider funding with either 
  3.7   grants or loans.  The guidelines must provide that the projects 
  3.8   will: 
  3.9      (1) help change long-term market incentives that adversely 
  3.10  impact creation and preservation of living-wage jobs in the 
  3.11  fully developed area; 
  3.12     (2) create incentives for developing communities to include 
  3.13  a full range of housing opportunities; 
  3.14     (3) create incentives to preserve and rehabilitate 
  3.15  affordable housing in the fully developed area; and 
  3.16     (4) create incentives for all communities to implement 
  3.17  compact and efficient development.  Such projects may include 
  3.18  mixed-use development, mixed income and affordable housing 
  3.19  development, and remediation of contaminated land for commercial 
  3.20  and industrial redevelopment. 
  3.21     The board shall also establish guidelines governing who may 
  3.22  apply for a grant or loan from the fund, providing priority for 
  3.23  proposals using innovative partnerships between government, 
  3.24  private for-profit, and nonprofit sectors. 
  3.25     (b) The board shall prepare and submit to the metropolitan 
  3.26  council an annual plan for distribution of the fund based on the 
  3.27  board's criteria for project and applicant selection.  The 
  3.28  council shall either approve the whole plan or disapprove the 
  3.29  whole plan.  If the council disapproves the plan, the council 
  3.30  shall return it to the board with the council's reasons for 
  3.31  disapproval and the board shall consider the council's reasons 
  3.32  in revising and resubmitting the plan to the council for 
  3.33  approval or disapproval. 
  3.34     (c) The board shall prepare and submit to the council and 
  3.35  the legislature, as provided in section 3.195, an annual report 
  3.36  on the metropolitan livable communities fund.  The report must 
  4.1   include information on the amount of money in the fund, the 
  4.2   amount distributed, to whom the funds were distributed and for 
  4.3   what purposes, and an evaluation of the effectiveness of the 
  4.4   projects funded in meeting the policies and goals of the board 
  4.5   and council.  The report may make recommendations to the 
  4.6   legislature on changes to this act. 
  4.7      Sec. 2.  [473.251] [FUND ESTABLISHED.] 
  4.8      Subdivision 1.  [GENERAL.] The metropolitan livable 
  4.9   communities fund consists of the funds provided to it under this 
  4.10  section. 
  4.11     Subd. 2.  [PROPERTY TAX LEVY.] The council may levy a tax 
  4.12  on all taxable property in the metropolitan area for the fund.  
  4.13  This tax shall be levied and collected in the manner provided by 
  4.14  section 473.13.  The levy shall not exceed the following amount 
  4.15  for the years specified:  
  4.16     (a)(1) for taxes payable in 1996, 83 percent of (i) the 
  4.17  metropolitan mosquito control commission's property tax levy 
  4.18  limit for 1995 as determined under section 473.711, subdivision 
  4.19  2, multiplied by (ii) an index for market valuation changes 
  4.20  equal to the total market valuation of all taxable property 
  4.21  located within the metropolitan area for the current taxes 
  4.22  payable year divided by the total market valuation of all 
  4.23  taxable property located in the metropolitan area for the 
  4.24  previous taxes payable year; and 
  4.25     (2) for taxes payable in 1997 and subsequent years, the 
  4.26  product of (i) the property tax levy limit under this 
  4.27  subdivision for the previous year multiplied by (ii) an index 
  4.28  for market valuation changes equal to the total market valuation 
  4.29  of all taxable property located within the metropolitan area for 
  4.30  the current taxes payable year divided by the total market 
  4.31  valuation of all taxable property located in the metropolitan 
  4.32  area for the previous taxes payable year. 
  4.33     For the purposes of this subdivision, "total market 
  4.34  valuation" means the total market valuation of all taxable 
  4.35  property within the metropolitan area without valuation 
  4.36  adjustments for fiscal disparities under chapter 473F, tax 
  5.1   increment financing under sections 469.174 to 469.179, and high 
  5.2   voltage transmission lines under section 273.425. 
  5.3      (b) The metropolitan council, for the purposes of the fund, 
  5.4   is considered a unique taxing jurisdiction for purposes of 
  5.5   receiving aid pursuant to section 273.1398.  For aid to be 
  5.6   received in 1996, the fund's homestead and agricultural credit 
  5.7   base shall equal 83 percent of the metropolitan mosquito control 
  5.8   commission's certified homestead and agricultural credit aid for 
  5.9   1995, determined under section 273.1398, subdivision 2, less any 
  5.10  permanent aid reduction under section 477A.0132.  For aid to be 
  5.11  received under section 273.1398 in 1997 and subsequent years, 
  5.12  the fund's homestead and agricultural credit base shall be 
  5.13  determined in accordance with section 273.1398, subdivision 1. 
  5.14     Subd. 3.  [TAX BASE REVITALIZATION ACCOUNT.] The council 
  5.15  shall credit to a tax base revitalization account within the 
  5.16  fund the amount provided for under section 473.167, subdivision 
  5.17  3a, paragraph (b), and the amount distributed to the council 
  5.18  pursuant to section 473F.08, subdivision 3b. 
  5.19     Subd. 4.  [LOCAL DEVELOPMENT INCENTIVES ACCOUNT; 
  5.20  DISTRIBUTION.] For the purposes of this subdivision, 
  5.21  "municipality" means a statutory or home rule charter city or 
  5.22  town in the metropolitan area. 
  5.23     (a) The council shall negotiate with each municipality to 
  5.24  establish affordable and life-cycle housing goals for that 
  5.25  municipality that are consistent with and promote the policies 
  5.26  of the metropolitan council as provided in the adopted 
  5.27  metropolitan development guide.  The council, with the 
  5.28  assistance of the board, shall also identify actions a 
  5.29  municipality may take to meet the municipality's goals.  Each 
  5.30  municipality must report to the council by January 15 of each 
  5.31  year, the following: 
  5.32     (1) the tax revenues defined in paragraph (c) that were 
  5.33  levied in the prior year; 
  5.34     (2) the portion of the revenues that were spent on meeting 
  5.35  the municipality's affordable and life-cycle housing goals; and 
  5.36     (3) information on how the expenditures directly support 
  6.1   the municipality's efforts to meet its affordable and life-cycle 
  6.2   housing goals. 
  6.3      The council shall certify each municipality's compliance 
  6.4   with this paragraph. 
  6.5      (b) A municipality that is determined by the council not to 
  6.6   have met the affordable and life-cycle housing goals in the 
  6.7   previous year, as negotiated and agreed to with the council, may 
  6.8   either (1) distribute the amount calculated under paragraph (c) 
  6.9   to the fund, or (2) retain the amount calculated under paragraph 
  6.10  (c) to develop opportunities to create affordable and life-cycle 
  6.11  housing as approved by the council. 
  6.12     (c)(1) By July 1, 1995, each county assessor shall certify 
  6.13  each municipality's average residential homestead limited market 
  6.14  value for the 1993 assessment year, including the value of the 
  6.15  farm house, garage ,and one acre only in the case of farm 
  6.16  homesteads.  The net tax capacity corresponding to a homestead 
  6.17  of that value, multiplied by a factor of two, shall be each 
  6.18  municipality's "net tax capacity base amount."  (2) By July 1, 
  6.19  1995, and each succeeding year, for each municipality, the 
  6.20  county assessor shall determine which homesteads have net tax 
  6.21  capacities in excess of the municipality's net tax capacity base 
  6.22  amount and shall certify the aggregate amount by which those 
  6.23  homesteads' net tax capacities exceed the municipality's net tax 
  6.24  capacity base amount as the "net tax capacity excess amount" for 
  6.25  the assessment year corresponding to the current taxes payable 
  6.26  year.  By July 1, 1995, the county assessor shall also certify 
  6.27  the net tax capacity excess amount for taxes payable in 1994.  
  6.28  (3) By July 1, 1995, and each succeeding year, the county 
  6.29  assessor shall also certify each municipality's average total 
  6.30  net tax capacity tax rate for the current taxes payable year.  
  6.31  (4) By August 1, 1995, and each succeeding year, the 
  6.32  metropolitan council shall notify each municipality of its 
  6.33  "affordable and life-cycle housing opportunities amount" for the 
  6.34  succeeding taxes payable year, equal to 40 percent of the 
  6.35  amount, if any, by which the net tax capacity excess amount for 
  6.36  the current year exceeds the amount for the previous year, 
  7.1   multiplied by the average total net tax capacity tax rate 
  7.2   certified in clause (3). 
  7.3      Subd. 5.  [MOSQUITO CONTROL DISTRICT ASSETS.] The 
  7.4   metropolitan mosquito control commission shall deposit in the 
  7.5   fund the proceeds of the sale of certain assets of the district, 
  7.6   as required under article 2, section 18. 
  7.7      Sec. 3.  [2025 REPORT.] 
  7.8      The metropolitan council shall report to the legislature by 
  7.9   January 15, 1996, on the probable development patterns in and 
  7.10  affecting the metropolitan area by the year 2025 under various 
  7.11  scenarios, including undirected and unconstrained growth versus 
  7.12  directed, compact, and efficient development. 
  7.13     Sec. 4.  [APPLICATION.] 
  7.14     This article applies in the counties of Anoka, Carver, 
  7.15  Dakota, Hennepin, Ramsey, Scott, and Washington. 
  7.16     Sec. 5.  [EFFECTIVE DATE.] 
  7.17     This article is effective the day after final enactment.  
  7.18  Section 2 is effective for taxes levied in 1995 and payable in 
  7.19  1996, and subsequent years. 
  7.20                             ARTICLE 2
  7.21                      MISCELLANEOUS AMENDMENTS 
  7.22     Section 1.  Minnesota Statutes 1994, section 116J.556, is 
  7.23  amended to read: 
  7.24     116J.556 [LOCAL MATCH REQUIREMENT.] 
  7.25     (a) In order to qualify for a grant under sections 116J.551 
  7.26  to 116J.557, the municipality must pay for at least one-half of 
  7.27  the project costs as a local match.  The municipality shall pay 
  7.28  an amount of the project costs equal to at least 18 five percent 
  7.29  of the cleanup costs from the municipality's general fund, a 
  7.30  property tax levy for that purpose, or other unrestricted money 
  7.31  available to the municipality (excluding tax increments).  These 
  7.32  unrestricted moneys may be spent for project costs, other than 
  7.33  cleanup costs, and qualify for the local match payment equal to 
  7.34  18 five percent of cleanup costs.  The rest of the local match 
  7.35  may be paid with tax increments, regional, state, or federal 
  7.36  money available for the redevelopment of brownfields or any 
  8.1   other money available to the municipality. 
  8.2      (b) If the development authority establishes a tax 
  8.3   increment financing district or hazardous substance subdistrict 
  8.4   on the site to pay for part of the local match requirement, the 
  8.5   district or subdistrict is not subject to the state aid 
  8.6   reductions under section 273.1399.  In order to qualify for the 
  8.7   exemption from the state aid reductions, the municipality must 
  8.8   elect, by resolution, on or before the request for certification 
  8.9   is filed that all tax increments from the district or 
  8.10  subdistrict will be used exclusively to pay (1) for project 
  8.11  costs for the site and (2) administrative costs for the district 
  8.12  or subdistrict.  The district or subdistrict must be decertified 
  8.13  when an amount of tax increments equal to no more than three 
  8.14  times the costs of implementing the response action plan for the 
  8.15  site and the administrative costs for the district or 
  8.16  subdistrict have been received, after deducting the amount of 
  8.17  the state grant. 
  8.18     Sec. 2.  Minnesota Statutes 1994, section 473.167, 
  8.19  subdivision 2, is amended to read: 
  8.20     Subd. 2.  [LOANS FOR ACQUISITION.] The council may make 
  8.21  loans to counties, towns, and statutory and home rule charter 
  8.22  cities within the metropolitan area for the purchase of property 
  8.23  within the right-of-way of a state trunk highway shown on an 
  8.24  official map adopted pursuant to section 394.361 or 462.359 or 
  8.25  for the purchase of property within the proposed right-of-way of 
  8.26  a principal or intermediate arterial highway designated by the 
  8.27  council as a part of the metropolitan highway system plan and 
  8.28  approved by the council pursuant to subdivision 1.  The loans 
  8.29  shall be made by the council, from the fund established pursuant 
  8.30  to this subdivision, for purchases approved by the council.  The 
  8.31  loans shall bear no interest.  The council shall make loans 
  8.32  only:  (1) to accelerate the acquisition of primarily 
  8.33  undeveloped property when there is a reasonable probability that 
  8.34  the property will increase in value before highway construction, 
  8.35  and to update an expired environmental impact statement on a 
  8.36  project for which the right-of-way is being purchased; (2) to 
  9.1   avert the imminent conversion or the granting of approvals which 
  9.2   would allow the conversion of property to uses which would 
  9.3   jeopardize its availability for highway construction; or (3) to 
  9.4   advance planning and environmental activities on highest 
  9.5   priority major metropolitan river crossing projects, under the 
  9.6   transportation development guide chapter/policy plan.  The 
  9.7   council shall not make loans for the purchase of property at a 
  9.8   price which exceeds the fair market value of the property or 
  9.9   which includes the costs of relocating or moving persons or 
  9.10  property.  A private property owner may elect to receive the 
  9.11  purchase price either in a lump sum or in not more than four 
  9.12  annual installments without interest on the deferred 
  9.13  installments.  If the purchase agreement provides for 
  9.14  installment payments, the council shall make the loan in 
  9.15  installments corresponding to those in the purchase agreement.  
  9.16  The recipient of an acquisition loan shall convey the property 
  9.17  for the construction of the highway at the same price which the 
  9.18  recipient paid for the property.  The price may include the 
  9.19  costs of preparing environmental documents that were required 
  9.20  for the acquisition and that were paid for with money that the 
  9.21  recipient received from the loan fund.  Upon notification by the 
  9.22  council that the plan to construct the highway has been 
  9.23  abandoned or the anticipated location of the highway changed, 
  9.24  the recipient shall sell the property at market value in 
  9.25  accordance with the procedures required for the disposition of 
  9.26  the property.  All rents and other money received because of the 
  9.27  recipient's ownership of the property and all proceeds from the 
  9.28  conveyance or sale of the property shall be paid to the 
  9.29  council.  If a recipient is not permitted to include in the 
  9.30  conveyance price the cost of preparing environmental documents 
  9.31  that were required for the acquisition, then the recipient is 
  9.32  not required to repay the council an amount equal to 40 percent 
  9.33  of the money received from the loan fund and spent in preparing 
  9.34  the environmental documents.  The proceeds of the tax authorized 
  9.35  by subdivision 3 and distributed to the right-of-way acquisition 
  9.36  loan fund pursuant to subdivision 3a, paragraph (a), all money 
 10.1   paid to the council by recipients of loans, and all interest on 
 10.2   the proceeds and payments shall be maintained as a separate 
 10.3   fund.  For administration of the loan program, the council may 
 10.4   expend from the fund each year an amount no greater than three 
 10.5   percent of the amount of the authorized levy proceeds 
 10.6   distributed to the right-of-way acquisition loan fund pursuant 
 10.7   to subdivision 3a, paragraph (a) for that year. 
 10.8      Sec. 3.  Minnesota Statutes 1994, section 473.167, 
 10.9   subdivision 3, is amended to read: 
 10.10     Subd. 3.  [TAX.] The council may shall levy a tax on all 
 10.11  taxable property in the metropolitan area, as defined in section 
 10.12  473.121, to provide funds for loans made pursuant to 
 10.13  subdivisions 2 and 2a and for the tax base revitalization 
 10.14  account in the metropolitan livable communities fund, section 
 10.15  473.251, subdivision 3.  This tax for the right-of-way 
 10.16  acquisition loan fund and the tax base revitalization account 
 10.17  shall be certified by the council, levied, and collected in the 
 10.18  manner provided by section 473.13.  The tax shall be in addition 
 10.19  to that authorized by section 473.249 and any other law and 
 10.20  shall not affect the amount or rate of taxes which may be levied 
 10.21  by the council or any metropolitan agency or local governmental 
 10.22  unit.  The amount of the levy shall be as determined and 
 10.23  certified by the council, except as otherwise provided in this 
 10.24  subdivision.  
 10.25     The property tax levied by the metropolitan council for the 
 10.26  right-of-way acquisition loan fund and the tax base 
 10.27  revitalization account shall not exceed the following amount for 
 10.28  the years specified: 
 10.29     (a) for taxes payable in 1988, the product of 5/100 of one 
 10.30  mill multiplied by the total assessed valuation of all taxable 
 10.31  property located within the metropolitan area as adjusted by the 
 10.32  provisions of Minnesota Statutes 1986, sections 272.64; 273.13, 
 10.33  subdivision 7a; and 275.49; 
 10.34     (b) for taxes payable in 1989, except as provided in 
 10.35  section 473.249, subdivision 3, the product of (1) the 
 10.36  metropolitan council's property tax levy limitation for the 
 11.1   right-of-way acquisition loan fund for the taxes payable year 
 11.2   1988 determined under clause (a) multiplied by (2) an index for 
 11.3   market valuation changes equal to the assessment year 1988 total 
 11.4   market valuation of all taxable property located within the 
 11.5   metropolitan area divided by the assessment year 1987 total 
 11.6   market valuation of all taxable property located within the 
 11.7   metropolitan area; 
 11.8      (c) for taxes payable in 1990, an amount not to exceed 
 11.9   $2,700,000; and 
 11.10     (d) for taxes payable in 1991 and subsequent years, the 
 11.11  product of (1) the metropolitan council's property tax levy 
 11.12  limitation for the right-of-way acquisition loan fund for the 
 11.13  taxes payable in 1988 determined under clause (a) multiplied by 
 11.14  (2) an index for market valuation changes equal to the total 
 11.15  market valuation of all taxable property located within the 
 11.16  metropolitan area for the current taxes payable year divided by 
 11.17  the total market valuation of all taxable property located 
 11.18  within the metropolitan area for taxes payable in 1988. 
 11.19     For the purpose of determining the metropolitan council's 
 11.20  property tax levy limitation for the right-of-way acquisition 
 11.21  loan fund and tax base revitalization account in the 
 11.22  metropolitan livable communities fund, under section 473.251, 
 11.23  subdivision 3, for the taxes payable year 1988 and subsequent 
 11.24  years under this subdivision, "total market valuation" means the 
 11.25  total market valuation of all taxable property within the 
 11.26  metropolitan area without valuation adjustments for fiscal 
 11.27  disparities (chapter 473F), tax increment financing (sections 
 11.28  469.174 to 469.179), and high voltage transmission lines 
 11.29  (section 273.425). 
 11.30     The property tax levied under this subdivision for taxes 
 11.31  payable in 1988 and subsequent years shall not be levied at a 
 11.32  rate higher than that determined by the metropolitan council to 
 11.33  be sufficient, considering the other anticipated revenues of and 
 11.34  disbursements from the right of way acquisition loan fund, to 
 11.35  produce a balance in the loan fund at the end of the next 
 11.36  calendar year equal to twice the amount of the property tax levy 
 12.1   limitation for taxes payable in the next calendar year 
 12.2   determined under this section. 
 12.3      Sec. 4.  Minnesota Statutes 1994, section 473.167, is 
 12.4   amended by adding a subdivision to read: 
 12.5      Subd. 3a.  [DISTRIBUTION OF TAX PROCEEDS.] (a) Right-of-way 
 12.6   acquisition loan fund.  Tax proceeds shall first be deposited 
 12.7   into the right-of-way acquisition loan fund in an amount 
 12.8   determined by the metropolitan council to be sufficient, 
 12.9   considering the other anticipated revenues of and disbursements 
 12.10  from the right-of-way acquisition loan fund, to produce a 
 12.11  balance in the loan fund at the end of the next calendar year 
 12.12  equal to twice the amount of the property tax levy limitation 
 12.13  for taxes payable in the next calendar year determined under 
 12.14  subdivision 3. 
 12.15     (b) Metropolitan livable communities tax base 
 12.16  revitalization account.  Any tax proceeds not first deposited 
 12.17  into the right-of-way acquisition loan fund shall be distributed 
 12.18  to the tax base revitalization account in the metropolitan 
 12.19  livable communities fund, established under section 473.251, 
 12.20  subdivision 3. 
 12.21     Sec. 5.  Minnesota Statutes 1994, section 473.702, is 
 12.22  amended to read: 
 12.23     473.702 [ESTABLISHMENT OF DISTRICT; PURPOSE; AREA; 
 12.24  GOVERNING BODY.] 
 12.25     A metropolitan mosquito control district is created to 
 12.26  control disease caused by mosquitoes, disease vectoring ticks, 
 12.27  and black gnats (Simuliidae) in the metropolitan area defined in 
 12.28  section 473.121.  The area of the district is the metropolitan 
 12.29  area excluding the part of Carver county west of the west line 
 12.30  of township 116N, range 24W, township 115N, range 24W, and 
 12.31  township 114N, range 24W.  The metropolitan mosquito control 
 12.32  commission is created as the governing body of the district, 
 12.33  composed and exercising the powers as prescribed in sections 
 12.34  473.701 to 473.716.  
 12.35     Sec. 6.  Minnesota Statutes 1994, section 473.704, 
 12.36  subdivision 2, is amended to read: 
 13.1      Subd. 2.  It may undertake disease control programs in the 
 13.2   district in accordance with expert and technical plans. 
 13.3      Sec. 7.  Minnesota Statutes 1994, section 473.704, 
 13.4   subdivision 3, is amended to read: 
 13.5      Subd. 3.  It may employ and fix the duties and compensation 
 13.6   of a director who shall develop the disease control programs of 
 13.7   the district and shall supervise its execution; such director 
 13.8   shall have studied both the science of entomology and the 
 13.9   science of epidemiology and shall be either an entomologist or 
 13.10  an epidemiologist. 
 13.11     Sec. 8.  Minnesota Statutes 1994, section 473.704, 
 13.12  subdivision 5, is amended to read: 
 13.13     Subd. 5.  It may employ such other persons and contract for 
 13.14  such other services as may be needed to carry out the disease 
 13.15  control programs in the district, except that no person may be 
 13.16  employed by the commission who is related to any commissioner. 
 13.17     Sec. 9.  Minnesota Statutes 1994, section 473.704, 
 13.18  subdivision 6, is amended to read: 
 13.19     Subd. 6.  It may reimburse commissioners and employees for 
 13.20  expenses necessarily incurred or paid in performance of their 
 13.21  duties and provide per diem as provided by section 473.141, 
 13.22  subdivision 7 in the amount specified in section 15.059, 
 13.23  subdivision 3. 
 13.24     Sec. 10.  Minnesota Statutes 1994, section 473.704, 
 13.25  subdivision 7, is amended to read: 
 13.26     Subd. 7.  It may purchase materials, supplies, and 
 13.27  equipment as may be necessary to carry out the disease control 
 13.28  programs in the district. 
 13.29     Sec. 11.  Minnesota Statutes 1994, section 473.704, 
 13.30  subdivision 8, is amended to read: 
 13.31     Subd. 8.  It may accept gifts of property for disease 
 13.32  control program purposes. 
 13.33     Sec. 12.  Minnesota Statutes 1994, section 473.704, 
 13.34  subdivision 13, is amended to read: 
 13.35     Subd. 13.  It may enter into agreements with counties, 
 13.36  cities or towns of the state of Minnesota outside of the 
 14.1   district to conduct disease control program activities in these 
 14.2   political subdivisions in order to effectuate disease control 
 14.3   programs in the district and subdivisions. 
 14.4      Sec. 13.  Minnesota Statutes 1994, section 473.704, 
 14.5   subdivision 17, is amended to read: 
 14.6      Subd. 17.  Members of the commission, its officers, and 
 14.7   employees, while on the business of the commission, may enter 
 14.8   upon any property within or outside the district at reasonable 
 14.9   times to determine the need for disease control programs.  They 
 14.10  may take all necessary and proper steps for the control programs 
 14.11  on property within the district as the director of the 
 14.12  commission may designate.  Subject to the paramount control of 
 14.13  the county and state authorities, commission members and 
 14.14  officers and employees of the commission may enter upon any 
 14.15  property and clean up any stagnant pool of water, the shores of 
 14.16  lakes and streams, and other breeding places for mosquitoes 
 14.17  within the district.  The commissioner of natural resources 
 14.18  shall allow the commission to enter upon state property for the 
 14.19  purposes described in this subdivision.  The commission may 
 14.20  apply insecticides approved by the director to any area within 
 14.21  or outside the district that is found to be a breeding place for 
 14.22  mosquitoes.  The commission shall give reasonable notification 
 14.23  to the governing body of the local unit of government prior to 
 14.24  applying insecticides outside of the district on land located 
 14.25  within the jurisdiction of the local unit of government.  The 
 14.26  commission shall not enter upon private property if the owner 
 14.27  objects except for control of disease bearing mosquito 
 14.28  encephalitis outbreaks. 
 14.29     Sec. 14.  Minnesota Statutes 1994, section 473.711, 
 14.30  subdivision 2, is amended to read: 
 14.31     Subd. 2.  [BUDGET; TAX LEVY.] (a) Budget.  The metropolitan 
 14.32  mosquito control commission shall prepare an annual budget.  The 
 14.33  budget may provide for expenditures in an amount not exceeding 
 14.34  the property tax levy limitation determined in this subdivision. 
 14.35     (b) Tax Levy.  The commission may levy a tax on all taxable 
 14.36  property in the district as defined in section 473.702 to 
 15.1   provide funds for the purposes of sections 473.701 to 473.716.  
 15.2   The tax shall not exceed the property tax levy limitation 
 15.3   determined in this subdivision.  A participating county may 
 15.4   agree to levy an additional tax to be used by the commission for 
 15.5   the purposes of sections 473.701 to 473.716 but the sum of the 
 15.6   county's and commission's taxes may not exceed the county's 
 15.7   proportionate share of the property tax levy limitation 
 15.8   determined under this subdivision based on the ratio of its 
 15.9   total net tax capacity to the total net tax capacity of the 
 15.10  entire district as adjusted by section 270.12, subdivision 3.  
 15.11  The auditor of each county in the district shall add the amount 
 15.12  of the levy made by the district to other taxes of the county 
 15.13  for collection by the county treasurer with other taxes.  When 
 15.14  collected, the county treasurer shall make settlement of the tax 
 15.15  with the district in the same manner as other taxes are 
 15.16  distributed to political subdivisions.  No county shall levy any 
 15.17  tax for mosquito, disease vectoring tick, and black gnat 
 15.18  (Simuliidae) control except under sections 473.701 to 473.716.  
 15.19  The levy shall be in addition to other taxes authorized by law. 
 15.20     The property tax levied by the metropolitan mosquito 
 15.21  control commission shall not exceed the following amount for the 
 15.22  years specified: 
 15.23     (i) for taxes payable in 1996, 17 percent of the product of 
 15.24  (1) the commission's property tax levy limitation for the 
 15.25  previous year determined under this subdivision multiplied by 
 15.26  (2) an index for market valuation changes equal to the total 
 15.27  market valuation of all taxable property located within the 
 15.28  district for the current assessment taxes payable year divided 
 15.29  by the total market valuation of all taxable property located 
 15.30  within the district for the previous assessment taxes payable 
 15.31  year; and 
 15.32     (ii) for taxes payable in 1997 and subsequent years, the 
 15.33  product of (1) the commission's property tax levy limitation for 
 15.34  the previous year determined under this subdivision multiplied 
 15.35  by (2) an index for market valuation changes equal to the total 
 15.36  market valuation of all taxable property located within the 
 16.1   district for the current taxes payable year divided by the total 
 16.2   market valuation of all taxable property located within the 
 16.3   district for the previous taxes payable year. 
 16.4      For the purpose of determining the commission's property 
 16.5   tax levy limitation under this subdivision, "total market 
 16.6   valuation" means the total market valuation of all taxable 
 16.7   property within the district without valuation adjustments for 
 16.8   fiscal disparities (chapter 473F), tax increment financing 
 16.9   (sections 469.174 to 469.179), and high voltage transmission 
 16.10  lines (section 273.425). 
 16.11     (c) Homestead and Agricultural Credit Aid.  For aids 
 16.12  payable in 1996 and subsequent years, the commission's homestead 
 16.13  and agricultural credit aid base under section 273.1398, 
 16.14  subdivision 1, is permanently reduced by 83 percent of the 
 16.15  amount certified to be received in 1995, less any permanent aid 
 16.16  reduction in 1995 under section 477A.0132. 
 16.17     (d) Emergency Tax Levy.  If the commissioner of the 
 16.18  department of health declares a health emergency due to a 
 16.19  threatened or actual outbreak of disease caused by mosquitos, 
 16.20  disease vectoring ticks, or black gnats (Simuliidae), the 
 16.21  commission may levy an additional tax not to exceed $500,000 on 
 16.22  all taxable property in the district to pay for the required 
 16.23  control measures. 
 16.24     Sec. 15.  Minnesota Statutes 1994, section 473F.08, is 
 16.25  amended by adding a subdivision to read: 
 16.26     Subd. 3b.  [LIVABLE COMMUNITIES FUND.] (a) The Hennepin 
 16.27  county auditor shall certify the city of Bloomington's interest 
 16.28  payments for 1987 for the bonds which were sold for highway 
 16.29  improvements pursuant to Laws 1986, chapter 391, section 2, 
 16.30  paragraph (g). 
 16.31     (b) For taxes payable in 1997 through taxes payable in 
 16.32  1999, the Hennepin county auditor shall certify the amount 
 16.33  calculated by subtracting the amount certified under subdivision 
 16.34  3a from the amount in paragraph (a).  For taxes payable in 2000 
 16.35  and subsequent years, the Hennepin county auditor shall certify 
 16.36  the amount calculated in paragraph (a).  
 17.1      (c) The Ramsey county auditor shall annually add a dollar 
 17.2   amount to its areawide portion of the levy equal to the amount 
 17.3   which has been certified in paragraph (b).  The total areawide 
 17.4   portion of the levy for Ramsey county, including the additional 
 17.5   amount certified under paragraph (b), shall be certified by the 
 17.6   Ramsey county auditor to the administrative auditor pursuant to 
 17.7   subdivision 5. 
 17.8      (d) The Ramsey county auditor shall distribute the amount 
 17.9   certified in paragraph (b) to the metropolitan council for the 
 17.10  metropolitan livable communities fund, established under section 
 17.11  473.251, at the same time that payments are made to the other 
 17.12  counties pursuant to subdivision 7a. 
 17.13     Sec. 16.  Minnesota Statutes 1994, section 473F.08, 
 17.14  subdivision 5, is amended to read: 
 17.15     Subd. 5.  [AREAWIDE TAX RATE.] On or before August 25 of 
 17.16  each year, the county auditor shall certify to the 
 17.17  administrative auditor that portion of the levy of each 
 17.18  governmental unit determined under subdivision subdivisions 3, 
 17.19  clause (a), 3a, and 3b.  The administrative auditor shall then 
 17.20  determine the areawide tax rate sufficient to yield an amount 
 17.21  equal to the sum of such levies from the areawide net tax 
 17.22  capacity.  On or before September 1 of each year, the 
 17.23  administrative auditor shall certify the areawide tax rate to 
 17.24  each of the county auditors. 
 17.25     Sec. 17.  Minnesota Statutes 1994, section 473F.08, 
 17.26  subdivision 7a, is amended to read: 
 17.27     Subd. 7a.  [CERTIFICATION OF VALUES; PAYMENT.] The 
 17.28  administrative auditor shall determine for each county the 
 17.29  difference between the total levy on distribution value pursuant 
 17.30  to subdivision subdivisions 3, clause (a), 3a, and 3b, within 
 17.31  the county and the total tax on contribution value pursuant to 
 17.32  subdivision 6, within the county.  On or before May 16 of each 
 17.33  year, the administrative auditor shall certify the differences 
 17.34  so determined to each county auditor.  In addition, the 
 17.35  administrative auditor shall certify to those county auditors 
 17.36  for whose county the total tax on contribution value exceeds the 
 18.1   total levy on distribution value the settlement the county is to 
 18.2   make to the other counties of the excess of the total tax on 
 18.3   contribution value over the total levy on distribution value in 
 18.4   the county.  On or before June 15 and November 15 of each year, 
 18.5   each county treasurer in a county having a total tax on 
 18.6   contribution value in excess of the total levy on distribution 
 18.7   value shall pay one-half of the excess to the other counties in 
 18.8   accordance with the administrative auditors certification. 
 18.9      Sec. 18.  [METROPOLITAN MOSQUITO CONTROL DISTRICT; PARTIAL 
 18.10  LIQUIDATION OF ASSETS.] 
 18.11     Within one year of the effective date of this section, the 
 18.12  commission shall sell assets of the district that are not needed 
 18.13  in light of the reduced scope of authority and responsibility of 
 18.14  the commission.  The commission shall deposit the proceeds of 
 18.15  the sale of the assets in the metropolitan livable communities 
 18.16  fund, established under Minnesota Statutes, section 473.251. 
 18.17     Sec. 19.  [CITATION.] 
 18.18     This act may be cited as "the metropolitan livable 
 18.19  communities act." 
 18.20     Sec. 20.  [APPLICATION.] 
 18.21     This article applies in the counties of Anoka, Carver, 
 18.22  Dakota, Hennepin, Ramsey, Scott, and Washington. 
 18.23     Sec. 21.  [EFFECTIVE DATES.] 
 18.24     This article is effective the day after final enactment.  
 18.25  Sections 14, 15, 16, and 17 are effective for taxes levied in 
 18.26  1995 payable in 1996 and subsequent years.