HF 2894

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/17/2022 03:48pm

A bill for an act
relating to local government; authorizing Dakota County to establish subordinate
service districts; proposing coding for new law in Minnesota Statutes, chapter
383D.

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

Section 1.

new text begin [383D.80] SUBORDINATE GOVERNMENTAL SERVICE DISTRICTS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin It is the purpose of this section to provide a means by which
Dakota County as a unit of general local government can effectively provide and finance
various public safety services, including 911 access and county sheriff patrols, for its
residents.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin "Subordinate service district" means a compact and contiguous
district within the county in which one or more governmental services or additions to
countywide services are provided by the county and financed from revenues secured from
within that district.
new text end

new text begin Subd. 3. new text end

new text begin Establishment of service districts. new text end

new text begin Notwithstanding any provision of law
requiring uniform property tax rates on real or personal property within the county, Dakota
County may establish subordinate service districts to provide and finance various public
safety services, including 911 access and county sheriff patrols which it is otherwise
authorized to undertake.
new text end

new text begin Subd. 4. new text end

new text begin Creation by county board. new text end

new text begin The county board of commissioners of Dakota
County may establish a subordinate service district in a portion of the county by adoption
of an appropriate resolution. Before the adoption of such a resolution, the county board
shall hold a public hearing on the question of whether or not a subordinate service district
shall be established. The resolution shall specify the service or services to be provided within
the subordinate taxing district and shall specify the territorial boundaries of the district.
new text end

new text begin Subd. 5. new text end

new text begin Creation by petition. new text end

new text begin (a) A petition signed by five percent of the qualified
voters within any portion of the county may be submitted to the county board requesting
the establishment of a subordinate county service district to provide various public safety
services, including 911 access and county sheriff patrols which the county is otherwise
authorized by law to provide. The petition shall include the territorial boundaries of the
proposed service district and shall specify the types of services to be provided therein.
new text end

new text begin (b) Upon receipt of the petition, and verification of the signatures thereon by the county
auditor, the county board shall, within 30 days following verification, hold a public hearing
on the question of whether or not the requested subordinate service district shall be
established.
new text end

new text begin (c) Within 30 days following the holding of a public hearing, the county board, by
resolution, shall approve or disapprove the establishment of the requested subordinate county
service district. A resolution approving the creation of the subordinate service district may
contain amendments or modifications of the district's boundaries or functions as set forth
in the petition.
new text end

new text begin Subd. 6. new text end

new text begin Publication and effective date. new text end

new text begin Upon passage of a resolution authorizing the
creation of a subordinate county service district, the county board shall cause to be published
once in the official newspapers the resolution. The resolution shall include a general
description of the territory to be included within the district, the type of service or services
to be undertaken in the district, a statement of the means by which the service or services
will be financed, and a designation of the county agency or officer who will be responsible
for supervising the provision of the service or services. The service district shall be deemed
established 30 days after publication or at such later date as may be specified in the resolution.
new text end

new text begin Subd. 7. new text end

new text begin Referendum. new text end

new text begin (a) Upon receipt of a petition signed by five percent of the
qualified voters within the territory of the proposed service district prior to the effective
date of its creation as specified in subdivision 6, the creation shall be held in abeyance
pending a referendum vote of all qualified electors residing within the boundaries of the
proposed service district.
new text end

new text begin (b) The county board shall make arrangements for the holding of a special election on
a date authorized by section 205.10, subdivision 3a, and within the boundaries of the proposed
taxing district. The question to be submitted and voted upon by the qualified voters within
the territory of the proposed service district shall be phrased substantially as follows:
new text end

new text begin "Shall a subordinate service district be established in order to provide (service or services
to be provided) financed by (revenue sources)?"
new text end

new text begin (c) If a majority of those voting on the question favor creation of the proposed subordinate
service district, the district shall be deemed created upon certification of the vote by the
county auditor. The county auditor shall administer the election.
new text end

new text begin Subd. 8. new text end

new text begin Expansion of boundaries of subordinate service district. new text end

new text begin The county board,
on its own motion or pursuant to petition, may enlarge any existing subordinate county
service district pursuant to the procedures specified in subdivisions 4 to 7. Only qualified
voters residing in the district to be added shall be eligible to participate in the election,
provided that, if five percent of the qualified voters residing in the existing service district
petition to participate therein, all qualified voters residing in the proposed service district
shall be eligible.
new text end

new text begin Subd. 9. new text end

new text begin Financing. new text end

new text begin Upon adoption of the next annual budget following the creation of
a subordinate county service district, the county board shall include in such budget
appropriate provisions for the operation of the subordinate service district including, as
appropriate, a property tax levied only on property within the boundaries of the subordinate
taxing district or by levy of a service charge against the users of such service within the
district, or by any combination thereof.
new text end

new text begin Subd. 10. new text end

new text begin Withdrawal. new text end

new text begin Upon receipt of a petition signed by ten percent of the qualified
voters within the territory of the subordinate service district requesting the withdrawal of
the service district from the provisions of this section, or pursuant to its own resolution, the
county board shall make arrangements for the holding of a special election not less than 30
days nor more than 90 days after receipt of such a petition within the boundaries of the
service district. The question to be submitted and voted upon by the qualified voters within
the territory of the service district shall be phrased substantially as follows:
new text end

new text begin "Shall the subordinate service district heretofore established be withdrawn and the service
or services of the county as provided for such service district be discontinued?"
new text end

new text begin If a majority of those voting on the question favor the withdrawal and discontinuance
of such services, the service district shall be deemed withdrawn and the services of the
county shall be discontinued upon certification of the vote by the county auditor. The county
auditor shall administer the election.
new text end

new text begin Subd. 11. new text end

new text begin Expiration. new text end

new text begin A subordinate service district, or any portion thereof, established
under this section expires after all property in the service district has been annexed by one
or more municipalities that provide public safety services, including 911 access and peace
officer patrols, to its residents. The county board shall adopt a resolution stating that the
subordinate service district, or any portion thereof, has expired within 30 days of the complete
annexation of property in the service district.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
Dakota County and its chief clerical officer comply with the requirements of Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
new text end