as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 03/11/1999 |
1.1 A bill for an act 1.2 relating to railroads; abolishing regional rail 1.3 authorities in the seven-county metropolitan area; 1.4 amending Minnesota Statutes 1998, sections 10A.01, 1.5 subdivision 26; 174.03, subdivision 6a; 275.065, 1.6 subdivision 3; 398A.03, subdivision 1; 473.399, 1.7 subdivisions 1 and 1a; 473.3994, subdivisions 2, 3, 1.8 10, and 12; and 473.3997; Laws 1998, chapter 404, 1.9 section 17, subdivision 3; proposing coding for new 1.10 law in Minnesota Statutes, chapter 398A; repealing 1.11 Minnesota Statutes 1998, section 473.3998. 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13 Section 1. Minnesota Statutes 1998, section 10A.01, 1.14 subdivision 26, is amended to read: 1.15 Subd. 26. [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan 1.16 governmental unit" means any of the seven counties in the 1.17 metropolitan area as defined in section 473.121, subdivision 1.18 2,a regional railroad authority established by one or more of1.19those counties under section 398A.03,a city with a population 1.20 of over 50,000 located in the seven-county metropolitan area, 1.21 the metropolitan council, a metropolitan agency as defined in 1.22 section 473.121, subdivision 5a, the Minnesota state high school 1.23 league, and Minnesota Technology, Inc. 1.24 Sec. 2. Minnesota Statutes 1998, section 174.03, 1.25 subdivision 6a, is amended to read: 1.26 Subd. 6a. [ECONOMIC ANALYSIS OF NONHIGHWAY ALTERNATIVES.] 1.27 If the commissioner considers congestion pricing, tolls, mileage 1.28 pricing, or public-private partnerships in order to meet the 2.1 transportation needs of commuters in the department's 2.2 metropolitan district between 2001 and 2020, the commissioner 2.3 shall, in cooperation with the metropolitan counciland the2.4regional railroad authorities in the district, compare the 2.5 economics of these financing methods with the economics of 2.6 nonhighway alternatives for moving commuters. The commissioner 2.7 shall analyze the economics as they relate to both individuals 2.8 and to the transportation system. 2.9 Sec. 3. Minnesota Statutes 1998, section 275.065, 2.10 subdivision 3, is amended to read: 2.11 Subd. 3. [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 2.12 county auditor shall prepare and the county treasurer shall 2.13 deliver after November 10 and on or before November 24 each 2.14 year, by first class mail to each taxpayer at the address listed 2.15 on the county's current year's assessment roll, a notice of 2.16 proposed property taxes. 2.17 (b) The commissioner of revenue shall prescribe the form of 2.18 the notice. 2.19 (c) The notice must inform taxpayers that it contains the 2.20 amount of property taxes each taxing authority proposes to 2.21 collect for taxes payable the following year. In the case of a 2.22 town, or in the case of the state determined portion of the 2.23 school district levy, the final tax amount will be its proposed 2.24 tax. The notice must clearly state that each taxing authority, 2.25 including regional library districts established under section 2.26 134.201, and including the metropolitan taxing districts as 2.27 defined in paragraph (i), but excluding all other special taxing 2.28 districts and towns, will hold a public meeting to receive 2.29 public testimony on the proposed budget and proposed or final 2.30 property tax levy, or, in case of a school district, on the 2.31 current budget and proposed property tax levy. It must clearly 2.32 state the time and place of each taxing authority's meeting and 2.33 an address where comments will be received by mail. 2.34 (d) The notice must state for each parcel: 2.35 (1) the market value of the property as determined under 2.36 section 273.11, and used for computing property taxes payable in 3.1 the following year and for taxes payable in the current year as 3.2 each appears in the records of the county assessor on November 1 3.3 of the current year; and, in the case of residential property, 3.4 whether the property is classified as homestead or 3.5 nonhomestead. The notice must clearly inform taxpayers of the 3.6 years to which the market values apply and that the values are 3.7 final values; 3.8 (2) the items listed below, shown separately by county, 3.9 city or town, state determined school tax net of the education 3.10 homestead credit under section 273.1382, voter approved school 3.11 levy, other local school levy, and the sum of the special taxing 3.12 districts, and as a total of all taxing authorities: 3.13 (i) the actual tax for taxes payable in the current year; 3.14 (ii) the tax change due to spending factors, defined as the 3.15 proposed tax minus the constant spending tax amount; 3.16 (iii) the tax change due to other factors, defined as the 3.17 constant spending tax amount minus the actual current year tax; 3.18 and 3.19 (iv) the proposed tax amount. 3.20 In the case of a town or the state determined school tax, 3.21 the final tax shall also be its proposed tax unless the town 3.22 changes its levy at a special town meeting under section 3.23 365.52. If a school district has certified under section 3.24 126C.17, subdivision 9, that a referendum will be held in the 3.25 school district at the November general election, the county 3.26 auditor must note next to the school district's proposed amount 3.27 that a referendum is pending and that, if approved by the 3.28 voters, the tax amount may be higher than shown on the notice. 3.29 In the case of the city of Minneapolis, the levy for the 3.30 Minneapolis library board and the levy for Minneapolis park and 3.31 recreation shall be listed separately from the remaining amount 3.32 of the city's levy. In the case of a parcel where tax increment 3.33 or the fiscal disparities areawide tax under chapter 276A or 3.34 473F applies, the proposed tax levy on the captured value or the 3.35 proposed tax levy on the tax capacity subject to the areawide 3.36 tax must each be stated separately and not included in the sum 4.1 of the special taxing districts; and 4.2 (3) the increase or decrease between the total taxes 4.3 payable in the current year and the total proposed taxes, 4.4 expressed as a percentage. 4.5 For purposes of this section, the amount of the tax on 4.6 homesteads qualifying under the senior citizens' property tax 4.7 deferral program under chapter 290B is the total amount of 4.8 property tax before subtraction of the deferred property tax 4.9 amount. 4.10 (e) The notice must clearly state that the proposed or 4.11 final taxes do not include the following: 4.12 (1) special assessments; 4.13 (2) levies approved by the voters after the date the 4.14 proposed taxes are certified, including bond referenda, school 4.15 district levy referenda, and levy limit increase referenda; 4.16 (3) amounts necessary to pay cleanup or other costs due to 4.17 a natural disaster occurring after the date the proposed taxes 4.18 are certified; 4.19 (4) amounts necessary to pay tort judgments against the 4.20 taxing authority that become final after the date the proposed 4.21 taxes are certified; and 4.22 (5) the contamination tax imposed on properties which 4.23 received market value reductions for contamination. 4.24 (f) Except as provided in subdivision 7, failure of the 4.25 county auditor to prepare or the county treasurer to deliver the 4.26 notice as required in this section does not invalidate the 4.27 proposed or final tax levy or the taxes payable pursuant to the 4.28 tax levy. 4.29 (g) If the notice the taxpayer receives under this section 4.30 lists the property as nonhomestead, and satisfactory 4.31 documentation is provided to the county assessor by the 4.32 applicable deadline, and the property qualifies for the 4.33 homestead classification in that assessment year, the assessor 4.34 shall reclassify the property to homestead for taxes payable in 4.35 the following year. 4.36 (h) In the case of class 4 residential property used as a 5.1 residence for lease or rental periods of 30 days or more, the 5.2 taxpayer must either: 5.3 (1) mail or deliver a copy of the notice of proposed 5.4 property taxes to each tenant, renter, or lessee; or 5.5 (2) post a copy of the notice in a conspicuous place on the 5.6 premises of the property. 5.7 The notice must be mailed or posted by the taxpayer by 5.8 November 27 or within three days of receipt of the notice, 5.9 whichever is later. A taxpayer may notify the county treasurer 5.10 of the address of the taxpayer, agent, caretaker, or manager of 5.11 the premises to which the notice must be mailed in order to 5.12 fulfill the requirements of this paragraph. 5.13 (i) For purposes of this subdivision, subdivisions 5a and 5.14 6, "metropolitan special taxing districts" means the following 5.15 taxing districts in the seven-county metropolitan area that levy 5.16 a property tax for any of the specified purposes listed below: 5.17 (1) metropolitan council under section 473.132, 473.167, 5.18 473.249, 473.325, 473.446, 473.521, 473.547, or 473.834; 5.19 (2) metropolitan airports commission under section 473.667, 5.20 473.671, or 473.672; and 5.21 (3) metropolitan mosquito control commission under section 5.22 473.711. 5.23For purposes of this section, any levies made by the5.24regional rail authorities in the county of Anoka, Carver,5.25Dakota, Hennepin, Ramsey, Scott, or Washington under chapter5.26398A shall be included with the appropriate county's levy and5.27shall be discussed at that county's public hearing.5.28 (j) If a statutory or home rule charter city or a town has 5.29 exercised the local levy option provided by section 473.388, 5.30 subdivision 7, it may include in the notice of its proposed 5.31 taxes the amount of its proposed taxes attributable to its 5.32 exercise of the option. In the first year of the city or town's 5.33 exercise of this option, the statement shall include an estimate 5.34 of the reduction of the metropolitan council's tax on the parcel 5.35 due to exercise of that option. The metropolitan council's levy 5.36 shall be adjusted accordingly. 6.1 Sec. 4. Minnesota Statutes 1998, section 398A.03, 6.2 subdivision 1, is amended to read: 6.3 Subdivision 1. [ORGANIZATION RESOLUTION.] A regional 6.4 railroad authority may be organized by resolution or joint 6.5 resolution adopted by the governing body or bodies of one or 6.6 more counties located outside the metropolitan area as defined 6.7 in section 473.121, subdivision 2. The governing body or bodies 6.8 of a municipality or municipalities within a county or counties 6.9 may request by resolution that the county or counties organize a 6.10 railroad authority. If the county or counties do not organize 6.11 an authority within 90 days of receipt of the request, the 6.12 municipality or municipalities may organize an authority by 6.13 resolution or joint resolution. A resolution organizing an 6.14 authority must state: 6.15 (a) That the authority is organized under the Regional 6.16 Railroad Authorities Act as a political subdivision and local 6.17 government unit of Minnesota, to exercise thereunder part of the 6.18 sovereign power of the state; 6.19 (b) The name of the authority, including the words 6.20 "regional railroad authority"; 6.21 (c) The municipality or municipalities adopting the 6.22 organization resolution; 6.23 (d) The number of commissioners of the authority, not less 6.24 than five; the number to be appointed by the governing body of 6.25 each municipality; and the names and addresses of the first 6.26 board of commissioners; 6.27 (e) The city and county in which the registered office of 6.28 the authority is to be situated; 6.29 (f) That neither the state of Minnesota, the municipality 6.30 or municipalities, nor any other political subdivision is liable 6.31 for obligations of the authority; and 6.32 (g) Any other provision for regulating the business of the 6.33 authority determined by the governing body or bodies adopting 6.34 the resolution. 6.35 Sec. 5. [398A.10] [METROPOLITAN REGIONAL RAIL AUTHORITIES 6.36 ABOLISHED.] 7.1 Subdivision 1. [AUTHORITIES ABOLISHED.] Regional rail 7.2 authorities established under section 398A.03 in the counties of 7.3 Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington 7.4 are abolished. All property of an abolished regional rail 7.5 authority is transferred to the county originally establishing 7.6 the authority. 7.7 Subd. 2. [LIGHT RAIL TRANSIT JOINT POWERS BOARD.] The 7.8 light rail transit joint powers board established under section 7.9 473.3998 is abolished. 7.10 Subd. 3. [BONDS.] Bonds and other debt authorized by 7.11 section 398A.07 issued by a regional rail authority abolished 7.12 under subdivision 1 that are outstanding on the effective date 7.13 of this section must be paid and retired according to that 7.14 section and the terms of the bonds or other debt instruments. 7.15 The auditors of the metropolitan counties shall see to the 7.16 administration of this section. 7.17 Sec. 6. Minnesota Statutes 1998, section 473.399, 7.18 subdivision 1, is amended to read: 7.19 Subdivision 1. [GENERAL REQUIREMENTS.] (a) The council 7.20 shall adopt a plan to ensure that light rail transit facilities 7.21 in the metropolitan area will be acquired, developed, owned, and 7.22 capable of operation in an efficient, cost-effective, and 7.23 coordinated manner in coordination with buses and other 7.24 transportation modes and facilities. The plan may be developed 7.25 and adopted in phases corresponding to phasing of construction 7.26 of light rail.To the extent practicable, the council shall7.27incorporate into its plan appropriate elements of the plans of7.28regional railroad authorities in order to avoid duplication of7.29effort.7.30 (b) The light rail transit plan or first phase of the plan 7.31 required by this section must be adopted by the council before 7.32 the commissioner of transportation may begin construction of 7.33 light rail transit facilities. Following adoption of the plan, 7.34 eachregional railroad authoritycounty and the commissioner of 7.35 transportation shall act in conformity with the plan. The 7.36 commissioner shall prepare or amend the final design plans as 8.1 necessary to make the plans consistent with the light rail 8.2 transit plan. 8.3 (c) Throughout the development and implementation of the 8.4 plan, the council shall contract for or otherwise obtain 8.5 engineering services to assure that the plan adequately 8.6 addresses the technical aspects of light rail transit. 8.7 Sec. 7. Minnesota Statutes 1998, section 473.399, 8.8 subdivision 1a, is amended to read: 8.9 Subd. 1a. [INTEGRATED TRANSPORTATION SYSTEM.] The 8.10 commissioner of transportation,and the metropolitan council,8.11and the regional rail authoritiesshall ensure that the light 8.12 rail transit and commuter rail facilities are planned, designed, 8.13 and implemented: (1) to move commuters and transit users into 8.14 and out of, as well as within, the metropolitan area, and (2) to 8.15 ensure that rail transit lines will interface with each other 8.16 and other transportation facilities and services so as to 8.17 provide a unified, integrated, and efficient multimodal 8.18 transportation system. 8.19 Sec. 8. Minnesota Statutes 1998, section 473.3994, 8.20 subdivision 2, is amended to read: 8.21 Subd. 2. [PRELIMINARY DESIGN PLANS; PUBLIC HEARING.] 8.22 Before final design plans are prepared for a light rail transit 8.23 facility, the commissioner of transportationand the regional8.24railroad authority or authorities in whose jurisdiction the line8.25or lines are locatedmust hold a public hearing on the physical 8.26 design component of the preliminary design plans. The 8.27 commissioner of transportationand the regional railroad8.28authority or authorities in whose jurisdiction the line or lines8.29are locatedmust provide appropriate public notice of the 8.30 hearing and publicity to ensure that affected parties have an 8.31 opportunity to present their views at the hearing. The 8.32 commissioner shall summarize the proceedings and testimony and 8.33 maintain the record of a hearing held under this section, 8.34 including any written statements submitted. 8.35 Sec. 9. Minnesota Statutes 1998, section 473.3994, 8.36 subdivision 3, is amended to read: 9.1 Subd. 3. [PRELIMINARY DESIGN PLANS; LOCAL APPROVAL.] At 9.2 least 30 days before the hearing under subdivision 2, the 9.3 commissioner of transportationand the regional railroad9.4authority or authorities in whose jurisdiction the line or lines9.5are locatedshall submit the physical design component of the 9.6 preliminary design plans to the governing body of each statutory 9.7 and home rule charter city, county, and town in which the route 9.8 is proposed to be located. The city, county, or town shall hold 9.9 a public hearing, except that a county board need not hold a9.10hearing if the county board membership is identical to the9.11membership of the regional railroad authority submitting the9.12plan for review. Within 45 days after the hearing under 9.13 subdivision 2, the city, county, or town shall review and 9.14 approve or disapprove the plans for the route to be located in 9.15 the city, county, or town. A local unit of government that 9.16 disapproves the plans shall describe specific amendments to the 9.17 plans that, if adopted, would cause the local unit to withdraw 9.18 its disapproval. Failure to approve or disapprove the plans in 9.19 writing within 45 days after the hearing is deemed to be 9.20 approval, unless an extension of time is agreed to by the city, 9.21 county, or town, the commissioner of transportation, and the9.22regional railroad authority or authorities in whose jurisdiction9.23the line or lines are located. 9.24 Sec. 10. Minnesota Statutes 1998, section 473.3994, 9.25 subdivision 10, is amended to read: 9.26 Subd. 10. [CORRIDOR MANAGEMENT COMMITTEE.] (a) A corridor 9.27 management committee shall be established to advise the 9.28 commissioner of transportation in the design and construction of 9.29 light rail transit in each corridor to be constructed. The 9.30 corridor management committee shall consist of the following 9.31 members: 9.32 (1)one member appointed by the joint powers board9.33established under section 473.3998;9.34(2)one member appointed by each city and county in which 9.35 the corridor is located; 9.36(3)(2) the commissioner of transportation or a designee of 10.1 the commissioner; 10.2(4)(3) two members appointed by the metropolitan council, 10.3 one of whom shall be designated as the chair of the committee; 10.4(5)(4) one member appointed by the metropolitan airports 10.5 commission, if the designated corridor provides direct service 10.6 to the Minneapolis-St. Paul International Airport; and 10.7(6)(5) one member appointed by the president of the 10.8 University of Minnesota, if the designated corridor provides 10.9 direct service to the university. 10.10 (b) The corridor management committee shall advise the 10.11 commissioner of transportationand the regional railroad10.12authority or authorities in whose jurisdiction the line or lines10.13are locatedon issues relating to the alternatives analysis, 10.14 environmental review, preliminary design, preliminary 10.15 engineering, final design, implementation method, and 10.16 construction of light rail transit. 10.17 Sec. 11. Minnesota Statutes 1998, section 473.3994, 10.18 subdivision 12, is amended to read: 10.19 Subd. 12. [ALTERNATIVES ANALYSIS; ENVIRONMENTAL REVIEW.] 10.20 For light rail transit lines to be constructed in the 10.21 metropolitan area, theregional railroad authority or10.22authorities in whose jurisdiction a line or lines are to be10.23constructed and thecommissioner of transportation shall jointly 10.24 prepare an alternatives analysis, the environmental review 10.25 documents required, and the preliminary engineering plan. The 10.26 council must approve the design for the alternatives analysis 10.27 and the completed alternatives analysis. The department of 10.28 transportation shall be the responsible governmental unit. An 10.29 alternatives analysis is not required for the Hiawatha corridor. 10.30 Sec. 12. Minnesota Statutes 1998, section 473.3997, is 10.31 amended to read: 10.32 473.3997 [FEDERAL FUNDING; LIGHT RAIL TRANSIT.] 10.33 (a) Upon completion of the alternatives analysis and draft 10.34 environmental impact statement for the central corridor transit 10.35 improvement project, the council,and the commissioner of 10.36 transportation, and the affected regional rail authoritiesmay 11.1 prepare a joint application for federal assistance for light 11.2 rail transit facilities in the metropolitan area. The 11.3 application must be reviewed and approved by the metropolitan 11.4 council before it is submitted by the council and the 11.5 commissioner. In reviewing the application the council must 11.6 consider the information submitted to it under section 473.3994, 11.7 subdivision 9. 11.8 (b) Until the application described in paragraph (a) is 11.9 submitted, no political subdivision in the metropolitan area may 11.10 on its own apply for federal assistance for light rail transit 11.11 planning or construction. 11.12 Sec. 13. Laws, 1998, chapter 404, section 17, subdivision 11.13 3, is amended to read: 11.14 Subd. 3. Transitways 46,500,000 11.15 (a) This appropriation is to match 11.16 federal and local funding for the 11.17 planning, design, engineering, and 11.18 construction of transitways in the 11.19 metropolitan area. 11.20 (b) $40,000,000 is for the preliminary 11.21 engineering, final design, and 11.22 construction of light rail transit in 11.23 the Hiawatha Avenue corridor from 11.24 downtown Minneapolis through 11.25 Minneapolis-St. Paul International 11.26 Airport and the site of the former Met 11.27 Center or surrounding area with a 11.28 terminus in southern Hennepin or 11.29 northern Dakota county. 11.30 The Hiawatha Avenue corridor management 11.31 committee created pursuant to Minnesota 11.32 Statutes, section 473.3994, subdivision 11.33 10, shall establish an advisory 11.34 committee of: 11.35 (1) individuals who reside near the 11.36 proposed corridor; 11.37 (2) representatives of businesses 11.38 located within one mile on either side 11.39 of the corridor; and 11.40 (3) elected officials, including 11.41 legislators, who represent the area in 11.42 which the Hiawatha corridor is located. 11.43 The advisory committee shall advise the 11.44 corridor management committee on issues 11.45 relating to the preliminary 11.46 engineering, final design, and 11.47 construction of light rail facilities, 11.48 including the proposed alignment for 11.49 the corridor. 11.50 (c) The funds in this paragraph must be 12.1 distributed as grants to appropriate 12.2 county regional rail authorities as 12.3 follows: 12.4 (1) $3,000,000 to match federal funding 12.5 for a major investment study, 12.6 engineering, and implementation in the 12.7 Riverview corridor between the east 12.8 side of St. Paul and the 12.9 Minneapolis-St. Paul International 12.10 Airport and the Mall of America; 12.11 (2) $1,500,000 to match federal funding 12.12 for a major investment study, 12.13 engineering, and implementation in the 12.14 Northstar corridor linking downtown 12.15 Minneapolis to the St. Cloud area and 12.16 to study the feasibility of commuter 12.17 rail and other transportation 12.18 improvements within the corridor; 12.19 (3) $500,000 to study potential transit 12.20 improvements and engineering studies in 12.21 the Cedar Avenue corridor to link the 12.22 Hiawatha, Riverview, and Northstar 12.23 transit corridors with Dakota county; 12.24 and 12.25 (4) $500,000 to develop engineering 12.26 documents for a commuter rail line from 12.27 Minneapolis to downtown St. Paul 12.28 through southern Washington county to 12.29 Hastings. 12.30 The commissioner of transportation, in 12.31 coordination with the North Star 12.32 Corridor Joint Powers Authority and the 12.33 St. Cloud area planning agency, shall 12.34 study the transportation needs within 12.35 the St. Cloud metropolitan area. 12.36 (d) $1,000,000 is available as grants 12.37 to appropriatecounty regional rail12.38authoritiescounties to conduct major 12.39 investment studies and to develop 12.40 engineering documents for commuter rail 12.41 lines in the following corridors: 12.42 (1) the Young America corridor from 12.43 Carver county to Minneapolis and St. 12.44 Paul; 12.45 (2) the Bethel corridor linking 12.46 Cambridge with the Northstar corridor 12.47 in Anoka county; 12.48 (3) the Northwest corridor from 12.49 downtown Minneapolis to the Northwest 12.50 suburbs of Hennepin county; and 12.51 (4) other commuter rail corridors 12.52 identified in phase II of the 12.53 department of transportation's commuter 12.54 rail service study, except for the 12.55 corridors identified in paragraph (c). 12.56 The appropriation in this paragraph is 12.57 not available until the completion of 12.58 the commuter rail service study as 12.59 provided in Laws 1997, chapter 159, 12.60 article 2, section 51. The funds may 13.1 be made available only after approval 13.2 by the commissioner of transportation 13.3 of an application submitted bycounty13.4regional rail authoritiesa county or 13.5 counties that is consistent with the 13.6 results of commuter rail service study 13.7 and demonstrates a coordinated 13.8 implementation strategy. 13.9 Sec. 14. [REPEALER.] 13.10 Minnesota Statutes 1998, section 473.3998, is repealed. 13.11 Sec. 15. [APPLICABILITY.] 13.12 This act applies in the counties of Anoka, Carver, Dakota, 13.13 Hennepin, Ramsey, Scott, and Washington. 13.14 Sec. 16. [EFFECTIVE DATE.] 13.15 Sections 1 to 15 are effective July 1, 1999.