HF 2093

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 03:48pm

A bill for an act
relating to local government; providing for additional financing of parks, trails,
and recreational facilities for local units of government by special fees; proposing
coding for new law in Minnesota Statutes, chapter 448.

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

Section 1.

new text begin [448.58] PARKS, TRAILS, AND RECREATIONAL FACILITIES;
FINANCING OPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms in this subdivision apply to this section.
new text end

new text begin (b) "Facilities" means parks, playgrounds, walking or biking trails, and recreational
complexes, including sporting fields, including but not limited to, softball, baseball,
soccer, football, ice hockey, and tennis courts.
new text end

new text begin (c) "Fund" means a dedicated account in which revenues raised under this section
are kept separate from all other governmental unit funds.
new text end

new text begin (d) "Governing body" means the city council, town board, or county board.
new text end

new text begin (e) "Governmental unit" means a home rule charter or statutory city, town, or county.
new text end

new text begin (f) "Plan" means an adopted plan for the facilities by the governmental unit.
new text end

new text begin Subd. 2. new text end

new text begin Authorization. new text end

new text begin A governmental unit may build, construct, reconstruct,
repair, enlarge, improve, or in any manner obtain facilities, and maintain and operate those
facilities both inside and outside the corporate limits. It may acquire by gift, purchase,
lease, condemnation, or otherwise any and all land, easements, and improvements required
for that purpose. This authority is in addition to all other powers with reference to facilities
otherwise granted by law or by charter of the governmental unit. The authority must
be exercised only under a parks and trails plan adopted by the governmental unit. The
governmental unit has the authority to manage both the plan and the facilities acquired or
developed under provisions of this section.
new text end

new text begin Subd. 3. new text end

new text begin Financing. new text end

new text begin To pay the cost of building, constructing, reconstructing,
repairing, enlarging, improving, or in any manner obtaining the facility, or any portion of
it, and of obtaining and complying with any permits required by law, the governmental
unit may charge a recreational facilities fee to pay the cost of the facility. The proceeds of
the fee must be kept in a dedicated account and used only to pay for such facilities allowed
in the adopted plan. The fee may be charged equally on all property or proportionally
against the value of the property.
new text end

new text begin Subd. 4. new text end

new text begin Collection of fee. new text end

new text begin On or before October 15 of each year, the governmental
unit shall certify to the county auditor any and all anticipated expenditures under the
adopted plan for the next year, minus any unspent funds from the previous year. The amount
certified must appear as a recreational facilities fee on the property tax statement and must
be collected and enforced in the manner provided for the collection and enforcement of a
special assessment against the property within the area governed by the governmental unit.
new text end

new text begin Subd. 5. new text end

new text begin Local options. new text end

new text begin To establish the fund and the recreational facilities fee, the
governmental unit must either adopt the plan by ordinance after a public hearing on the
plan or submit the plan to a vote by the registered voters within the governmental unit,
with the plan being made available to the public. The plan must specify whether the fee is
charged equally or proportionally on property value. If the plan is submitted to the voters,
a majority of those voting must vote in the affirmative to adopt the plan. The vote may
be for a continuous fee for the term of the plan or for a specific time frame shorter than
the full term of the plan.
new text end

new text begin Subd. 6. new text end

new text begin Excess net revenues. new text end

new text begin If at the end of a fiscal year there are excess
revenues, the excess revenues must be deducted from the next year's fees. If there are
no other fees required for the plan, excess revenues may be kept within the fund for
maintenance of facilities already developed or pledged to any future plan that may be
developed and adopted.
new text end

new text begin Subd. 7. new text end

new text begin Other revenue sources. new text end

new text begin This section does not preclude the governing unit
from using other financing instead of or in addition to the powers authorized in this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fees payable in 2016 and thereafter.
new text end