HF 3387

as introduced - 88th Legislature (2013 - 2014) Posted on 05/16/2014 12:22pm

A bill for an act
relating to natural resources; requiring certain soil and water conservation district
supervisors to be elected by supervisor districts; modifying authority of soil and
water conservation districts; granting levy authority; providing for creation of
soil and water management areas; amending Minnesota Statutes 2012, section
103C.331, subdivision 16, by adding a subdivision; Minnesota Statutes 2013
Supplement, sections 103C.311, subdivision 2; 275.066; proposing coding for
new law in Minnesota Statutes, chapter 103C.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 103C.311, subdivision 2,
is amended to read:

Subd. 2.

Supervisors elected by districts.

(a) deleted text begin The deleted text end new text begin A new text end district board deleted text begin , with the
approval of the state board, may deleted text end new text begin shall new text end by resolution provide that supervisors will be
elected by supervisor districts as provided in this subdivision.

new text begin (b) A district board exercising its levy authority as provided under section 103C.332
shall by resolution provide that the district's supervisors will be elected by supervisor
districts.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The supervisor districts must be composed of precincts established by
county and municipal governing bodies under section 204B.14. The districts must be
compact, include only contiguous territory, and be substantially equal in population.
The districts must be numbered in a regular series. The districts must be drawn by the
county board of the county containing the largest area of the soil and water conservation
district, in consultation with the district board and with the approval of the state board.
The boundaries of the districts must be redrawn after each decennial federal census as
provided in section 204B.135. A certified copy of the resolution establishing supervisor
districts must be filed by the chair of the district board with the county auditor of the
counties where the soil and water conservation district is located, with the state board, and
with the secretary of state, and the filings must occur within 80 days of the time when the
legislature has been redistricted or at least 15 weeks before the state primary election in a
year ending in two, whichever comes first.

deleted text begin (c) deleted text end new text begin (d) new text end Each supervisor district is entitled to elect one supervisor. A supervisor must
be a resident of the district from which elected.

deleted text begin (d) deleted text end new text begin (e) new text end The district board shall provide staggered terms for supervisors elected by
district. After each redistricting, there shall be a new election of supervisors in all the
districts at the next general election, except that if the change made in the boundaries of a
district is less than five percent of the average population of all the districts, the supervisor
in office at the time of the redistricting shall serve for the full term for which elected. The
district board shall determine by lot the seats to be filled for a two-year term, a four-year
term, and a six-year term.

Sec. 2.

Minnesota Statutes 2012, section 103C.331, subdivision 16, is amended to read:

Subd. 16.

Budget.

The district board shall annually present a budget consisting of
deleted text begin an itemized statement of district expenses deleted text end new text begin a work plan, projected outcomes and budget
new text end for the ensuing calendar year to the boards of county commissioners of the counties in
which the district is located. The county boards may levy an annual tax on all taxable real
property in the district for the amount that the boards determine is necessary to meet the
requirements of the district deleted text begin . The amount levied shall be collected and distributed to the
district as prescribed by chapter 276 deleted text end new text begin or the district may adopt and certify a levy according
to section 103C.332 new text end . The amount may be spent by the district board for a district purpose
authorized by law.

Sec. 3.

Minnesota Statutes 2012, section 103C.331, is amended by adding a
subdivision to read:

new text begin Subd. 21. new text end

new text begin Water resource management activities. new text end

new text begin The supervisors may conduct
studies of and monitor soil and water resources within the district, implement soil and
water resource management programs, and evaluate the effectiveness of the programs.
new text end

Sec. 4.

new text begin [103C.332] BUDGET; DISTRICT FUNDS, LEVIES, AND CHARGES.
new text end

new text begin Subdivision 1. new text end

new text begin District operations fund. new text end

new text begin (a) A district shall create an operations
fund consisting of:
new text end

new text begin (1) revenue received from the county for operation of the district under section
103C.331, subdivision 16; and
new text end

new text begin (2) revenue collected from charges associated with the establishment of a soil and
water management area under section 103C.333.
new text end

new text begin (b) The money in the fund shall be used for administrative costs, technical
assistance, projects, and programs that are of common benefit to the soil and water
resources in the district.
new text end

new text begin Subd. 2. new text end

new text begin Soil and water management fund. new text end

new text begin A district may create a soil and water
management fund or funds for implementation of special projects and programs or to
match grants from outside sources consisting of:
new text end

new text begin (1) charges levied or to be levied against real property in one or more soil and water
management areas, established under section 103C.333, for the implementation of special
projects and programs of the district or to match grants authorized by the district board; and
new text end

new text begin (2) revenue received from a county, state, or federal agency for implementation of
special projects and programs of the district or to match grants.
new text end

new text begin Subd. 3. new text end

new text begin Clean water matching fund. new text end

new text begin (a) A district shall create a clean water
matching fund consisting of an ad valorem tax levy, which may not exceed 0.048 percent
of taxable market value or $1,000,000, whichever is less.
new text end

new text begin (b) The money in the fund shall be used to match other funding for projects and
programs within the district.
new text end

new text begin Subd. 4. new text end

new text begin Budget adoption. new text end

new text begin On or before September 15 of each year, the district
board shall adopt a budget for the next year and decide on the total amount necessary to be
raised from ad valorem tax levies, soil and water management charges, or other sources to
meet the district's budget.
new text end

new text begin Subd. 5. new text end

new text begin Budget hearing. new text end

new text begin (a) Before adopting a budget, the district board shall hold
a public hearing on the proposed budget.
new text end

new text begin (b) The district board shall publish a notice of the hearing with a summary of
the proposed budget in one or more newspapers of general circulation in each county
comprising part of the district. The notice and summary shall be published once each
week for two successive weeks before the hearing. The last publication shall be at least
two days before the hearing.
new text end

new text begin Subd. 6. new text end

new text begin Certification of levy to auditor. new text end

new text begin After adoption of the budget and no
later than September 15, the district shall certify to the auditor of each county within the
district the county's share of an authorized tax, which shall be an amount bearing the same
proportion to the total tax levy as the net tax capacity of the area of the county within the
district bears to the net tax capacity of the entire district. The maximum amount of a levy
may not exceed the amount provided in subdivision 2.
new text end

new text begin Subd. 7. new text end

new text begin Levy. new text end

new text begin Section 275.067 applies to levies authorized by this section. The
auditor of each county in the district shall add the amount of an authorized levy made by
the district board to the other tax levies on the property of the county within the district
for collection by the county treasurer with other taxes. The county treasurer shall make
settlement of the taxes collected with the treasurer of the district in the same manner as
other taxes are distributed to the other political subdivisions.
new text end

new text begin Subd. 8. new text end

new text begin Election of supervisors. new text end

new text begin All district supervisors within a district must be
elected by supervisor districts as required under section 103C.311, subdivision 2, prior
to the district exercising levy authority under this section.
new text end

Sec. 5.

new text begin [103C.333] SOIL AND WATER MANAGEMENT AREA.
new text end

new text begin Subdivision 1. new text end

new text begin Soil and water management area. new text end

new text begin (a) Except as provided in
paragraph (b), a district may establish, consistent with the district's comprehensive plan,
a soil and water management area or areas within the district's territory, for collecting
revenues and paying the costs of programs and projects that are consistent with the
district's comprehensive plan and authorized under sections 103B.301 to 103B.355,
103C.331, 103C.501, and 103C.601.
new text end

new text begin (b) A district may not establish a soil and water management area that includes an
area that is within an area delineated under section 103B.211, by a watershed management
organization, or within a watershed district.
new text end

new text begin Subd. 2. new text end

new text begin Procedure. new text end

new text begin A district may establish a soil and water management area
only by district board order after public notice and hearings. The proposed order shall
describe with particularity the territory to be included in the soil and water management
area, the purpose of the soil and water management area, the budgeting process including
public notice and hearing that will be used to set the amount of the necessary charges each
year, the methods used to determine charges, and the length of time the soil and water
management area will remain in force. After adoption, the order shall be filed with the
county auditor and county recorder. The soil and water management area may be dissolved
by the procedure prescribed for the establishment of the soil and water management area.
new text end

new text begin Subd. 3. new text end

new text begin Notification. new text end

new text begin The district board shall, ten days prior to a hearing
regarding the programs and projects implemented under this section, provide notice to the
cities and counties within the soil and water management area. The cities and counties
receiving notice shall submit to the district board requests and concerns relating to the
implementation of the programs or projects. The district board shall consider the concerns
of the cities and counties in its decision.
new text end

Sec. 6.

Minnesota Statutes 2013 Supplement, section 275.066, is amended to read:

275.066 SPECIAL TAXING DISTRICTS; DEFINITION.

For the purposes of property taxation and property tax state aids, the term "special
taxing districts" includes the following entities:

(1) watershed districts under chapter 103D;

(2) sanitary districts under sections 442A.01 to 442A.29;

(3) regional sanitary sewer districts under sections 115.61 to 115.67;

(4) regional public library districts under section 134.201;

(5) park districts under chapter 398;

(6) regional railroad authorities under chapter 398A;

(7) hospital districts under sections 447.31 to 447.38;

(8) St. Cloud Metropolitan Transit Commission under sections 458A.01 to 458A.15;

(9) Duluth Transit Authority under sections 458A.21 to 458A.37;

(10) regional development commissions under sections 462.381 to 462.398;

(11) housing and redevelopment authorities under sections 469.001 to 469.047;

(12) port authorities under sections 469.048 to 469.068;

(13) economic development authorities under sections 469.090 to 469.1081;

(14) Metropolitan Council under sections 473.123 to 473.549;

(15) Metropolitan Airports Commission under sections 473.601 to 473.679;

(16) Metropolitan Mosquito Control Commission under sections 473.701 to 473.716;

(17) Morrison County Rural Development Financing Authority under Laws 1982,
chapter 437, section 1;

(18) Croft Historical Park District under Laws 1984, chapter 502, article 13, section 6;

(19) East Lake County Medical Clinic District under Laws 1989, chapter 211,
sections 1 to 6;

(20) Floodwood Area Ambulance District under Laws 1993, chapter 375, article
5, section 39;

(21) Middle Mississippi River Watershed Management Organization under sections
103B.211 and 103B.241;

(22) emergency medical services special taxing districts under section 144F.01;

(23) a county levying under the authority of section 103B.241, 103B.245, or
103B.251;

(24) new text begin soil and water conservation districts under chapter 103C;
new text end

new text begin (25) new text end Southern St. Louis County Special Taxing District; Chris Jensen Nursing Home
under Laws 2003, First Special Session chapter 21, article 4, section 12;

deleted text begin (25) deleted text end new text begin (26) new text end an airport authority created under section 360.0426; and

deleted text begin (26) deleted text end new text begin (27) new text end any other political subdivision of the state of Minnesota, excluding
counties, school districts, cities, and towns, that has the power to adopt and certify a
property tax levy to the county auditor, as determined by the commissioner of revenue.