HF 3529

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; making the metropolitan 
  1.3             council a state agency; amending Minnesota Statutes 
  1.4             1998, sections 15.012; 473.123, subdivision 1; 473.13, 
  1.5             subdivision 1; 473.249; and 473.446, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 15.012, is 
  1.8   amended to read: 
  1.9      15.012 [STATE AGENCIES; DESIGNATION BY TYPE.] 
  1.10     A multimember state agency hereafter created whose 
  1.11  membership includes two or more appointed members shall be named 
  1.12  according to the following: 
  1.13     (a) An agency in the executive branch, other than a 
  1.14  department, whose primary purpose is to perform prescribed 
  1.15  official or representative functions shall be designated a 
  1.16  "board."  To be classified as a board, an agency must have at 
  1.17  least one of the following powers:  (i) the power to perform 
  1.18  administrative acts, which may include the expenditure of state 
  1.19  money, (ii) the power to issue and revoke licenses or 
  1.20  certifications, (iii) the power to make rules, or (iv) the power 
  1.21  to adjudicate contested cases or appeals. 
  1.22     (b) An agency in the executive branch whose primary purpose 
  1.23  is to advise state officers, departments, boards, or other 
  1.24  agencies shall be designated a "committee."  To be classified as 
  1.25  a committee, an agency must have none of the powers available to 
  2.1   boards other than the power to compensate its members. 
  2.2      (c) A committee of which at least one-half of the members 
  2.3   are required to be certain officers or representatives of 
  2.4   specified businesses, occupations, industries, political 
  2.5   subdivisions, organizations, or other groupings of persons other 
  2.6   than geographical regions shall be designated a "council." 
  2.7      (d) An agency in the legislative branch composed 
  2.8   exclusively of members of the legislature shall be designated a 
  2.9   "legislative commission."  
  2.10     (e) An agency in the executive branch other than a 
  2.11  department whose primary purpose is to issue bonds for the 
  2.12  financing, ownership and development of facilities within the 
  2.13  state shall be designated an "authority." 
  2.14     (f) A committee or council scheduled upon its creation to 
  2.15  expire two years after the effective date of the act creating it 
  2.16  or the date of appointment of its members, whichever is later, 
  2.17  unless a shorter term is specified in statute, shall be 
  2.18  designated an "advisory task force." 
  2.19     (g) The metropolitan council continues as the metropolitan 
  2.20  council. 
  2.21     Sec. 2.  Minnesota Statutes 1998, section 473.123, 
  2.22  subdivision 1, is amended to read: 
  2.23     Subdivision 1.  [CREATION.] A metropolitan council with 
  2.24  jurisdiction in the metropolitan area is established as a public 
  2.25  corporation and political subdivision of the state agency in the 
  2.26  executive branch.  It shall be under the supervision and control 
  2.27  of 17 members, all of whom shall be residents of the 
  2.28  metropolitan area. 
  2.29     Sec. 3.  Minnesota Statutes 1998, section 473.13, 
  2.30  subdivision 1, is amended to read: 
  2.31     Subdivision 1.  [BUDGET.] (a) On or before December 20 of 
  2.32  each year, 2000, the council, after the public hearing required 
  2.33  in section 275.065, shall adopt a final budget covering its 
  2.34  anticipated receipts and disbursements for the ensuing year and 
  2.35  shall decide upon the total amount necessary to be raised from 
  2.36  ad valorem tax levies to meet its budget.  The budget shall 
  3.1   state in detail the expenditures for each program to be 
  3.2   undertaken, including the expenses for salaries, consultant 
  3.3   services, overhead, travel, printing, and other items.  The 
  3.4   budget shall state in detail the capital expenditures of the 
  3.5   council for the budget year, based on a five-year capital 
  3.6   program adopted by the council and transmitted to the 
  3.7   legislature.  After adoption of the budget and no later than 
  3.8   five working days after December 20, the council shall certify 
  3.9   to the auditor of each metropolitan county the share of the tax 
  3.10  to be levied within that county, which must be an amount bearing 
  3.11  the same proportion to the total levy agreed on by the council 
  3.12  as the net tax capacity of the county bears to the net tax 
  3.13  capacity of the metropolitan area.  The maximum amount of any 
  3.14  levy made for the purpose of this chapter may not exceed the 
  3.15  limits set by the statute authorizing the levy. 
  3.16     (b) Each even-numbered year the council shall prepare for 
  3.17  its transit programs a financial plan for the succeeding three 
  3.18  calendar years, in half-year segments.  The financial plan must 
  3.19  contain the elements specified in section 473.1623, subdivision 
  3.20  3.  The financial plan must contain schedules of user charges 
  3.21  and any changes in user charges planned or anticipated by the 
  3.22  council during the period of the plan.  The financial plan must 
  3.23  contain a proposed request for state financial assistance for 
  3.24  the succeeding biennium. 
  3.25     (c) In addition, the budget must show for each year: 
  3.26     (1) the estimated operating revenues from all sources 
  3.27  including funds on hand at the beginning of the year, and 
  3.28  estimated expenditures for costs of operation, administration, 
  3.29  maintenance, and debt service; 
  3.30     (2) capital improvement funds estimated to be on hand at 
  3.31  the beginning of the year and estimated to be received during 
  3.32  the year from all sources and estimated cost of capital 
  3.33  improvements to be paid out or expended during the year, all in 
  3.34  such detail and form as the council may prescribe; and 
  3.35     (3) the estimated source and use of pass-through funds. 
  3.36     Sec. 4.  Minnesota Statutes 1998, section 473.249, is 
  4.1   amended to read: 
  4.2      473.249 [TAX LEVY.] 
  4.3      Subdivision 1.  [INDEXED LIMIT.] (a) The metropolitan 
  4.4   council may levy a tax on all taxable property in the 
  4.5   metropolitan area defined in section 473.121 to provide funds 
  4.6   for the purposes of sections 473.121 to 473.249 and for the 
  4.7   purpose of carrying out other responsibilities of the council as 
  4.8   provided by law.  This tax for general purposes shall be 
  4.9   levied in 2000, and collected in the manner provided by section 
  4.10  473.13. 
  4.11     (b) The property tax levied by the metropolitan council for 
  4.12  general purposes shall not exceed the product of:  (1) the 
  4.13  metropolitan council's property tax levy limitation for general 
  4.14  purposes for the previous year determined under this subdivision 
  4.15  multiplied by (2) the lesser of 
  4.16     (i) an index for market valuation changes equal to the 
  4.17  total market valuation of all taxable property located within 
  4.18  the metropolitan area for the current taxes payable year divided 
  4.19  by the total market valuation of all taxable property located 
  4.20  within the metropolitan area for the previous taxes payable 
  4.21  year; 
  4.22     (ii) an index equal to the implicit price deflator for 
  4.23  government consumption expenditures and gross investment for 
  4.24  state and local governments for the most recent month for which 
  4.25  data are available divided by the same implicit price deflator 
  4.26  for the same month of the previous year; or 
  4.27     (iii) 103 percent. 
  4.28     (c) For the purpose of determining the metropolitan 
  4.29  council's property tax levy limitation for general purposes, 
  4.30  "total market valuation" means the total market valuation of all 
  4.31  taxable property within the metropolitan area without valuation 
  4.32  adjustments for fiscal disparities (chapter 473F), tax increment 
  4.33  financing (sections 469.174 to 469.179), and high voltage 
  4.34  transmission lines (section 273.425). 
  4.35     Subd. 2. [DEADLINES; ESTIMATES.] The commissioner of 
  4.36  revenue shall certify the council's levy limitation under this 
  5.1   section to the council by August 1 of the levy year.  The 
  5.2   council must certify its proposed property tax levy to the 
  5.3   commissioner of revenue by September 1 of the levy year.  The 
  5.4   commissioner of revenue shall annually determine whether the ad 
  5.5   valorem property tax certified by the metropolitan council for 
  5.6   levy following the adoption of its proposed budget is within the 
  5.7   levy limitation imposed by this section.  The determination 
  5.8   shall be completed prior to September 10 of each the levy year.  
  5.9   If current information regarding gross tax capacity in any 
  5.10  county is not transmitted to the commissioner in a timely 
  5.11  manner, the commissioner may estimate the current gross tax 
  5.12  capacity within that county for purposes of making the 
  5.13  calculation. 
  5.14     Sec. 5.  Minnesota Statutes 1998, section 473.446, 
  5.15  subdivision 1, is amended to read: 
  5.16     Subdivision 1.  [WITHIN TRANSIT TAXING DISTRICT.] For the 
  5.17  purposes of sections 473.405 to 473.449 and the metropolitan 
  5.18  transit system, except as otherwise provided in this subdivision 
  5.19  and subdivision 1b, the council shall levy each year in 2000 
  5.20  upon all taxable property within the metropolitan transit taxing 
  5.21  district, defined in subdivision 2, a transit tax consisting of: 
  5.22     (a) an amount which shall be used for payment of the 
  5.23  expenses of operating transit and paratransit service and to 
  5.24  provide for payment of obligations issued by the council under 
  5.25  section 473.436, subdivision 6; 
  5.26     (b) an additional amount, if any, the council determines to 
  5.27  be necessary to provide for the full and timely payment of its 
  5.28  certificates of indebtedness and other obligations outstanding 
  5.29  on July 1, 1985, to which property taxes under this section have 
  5.30  been pledged; and 
  5.31     (c) an additional amount necessary to provide full and 
  5.32  timely payment of certificates of indebtedness, bonds, including 
  5.33  refunding bonds or other obligations issued or to be issued 
  5.34  under section 473.39 by the council for purposes of acquisition 
  5.35  and betterment of property and other improvements of a capital 
  5.36  nature and to which the council has specifically pledged tax 
  6.1   levies under this clause. 
  6.2      The property tax levied by the council for general purposes 
  6.3   under paragraph (a) must not exceed the following amount for the 
  6.4   years specified: 
  6.5      (1) for taxes payable in 1995, the council's property tax 
  6.6   levy limitation for general transit purposes is equal to the 
  6.7   former regional transit board's property tax levy limitation for 
  6.8   general transit purposes under this subdivision, for taxes 
  6.9   payable in 1994, multiplied by an index for market valuation 
  6.10  changes equal to the total market valuation of all taxable 
  6.11  property located within the metropolitan transit taxing district 
  6.12  for the current taxes payable year divided by the total market 
  6.13  valuation of all taxable property located within the 
  6.14  metropolitan transit taxing district for the previous taxes 
  6.15  payable year; and 
  6.16     (2) for taxes payable in 1996 and subsequent years, the 
  6.17  product of (i) the council's property tax levy limitation for 
  6.18  general transit purposes for the previous year determined under 
  6.19  this subdivision before reduction by the amount levied by any 
  6.20  municipality in the previous year under section 473.388, 
  6.21  subdivision 7, multiplied by (ii) an index for market valuation 
  6.22  changes equal to the total market valuation of all taxable 
  6.23  property located within the metropolitan transit taxing district 
  6.24  for the current taxes payable year divided by the total market 
  6.25  valuation of all taxable property located within the 
  6.26  metropolitan transit taxing district for the previous taxes 
  6.27  payable year, minus the amount levied by any municipality in the 
  6.28  current levy year under section 473.388, subdivision 7. 
  6.29     The portion of the property tax levy for transit district 
  6.30  operating purposes attributable to a municipality that has 
  6.31  exercised a local levy option under section 473.388, subdivision 
  6.32  7, is the amount as determined under subdivision 1b.  The 
  6.33  portion of the property tax levy for transit district operating 
  6.34  purposes attributable to the remaining municipalities within the 
  6.35  transit district is found by subtracting the portions 
  6.36  attributable to the municipalities that have exercised a local 
  7.1   levy option under section 473.388, subdivision 7. 
  7.2      For the taxes payable year 1995, the index for market 
  7.3   valuation changes shall be multiplied by an amount equal to the 
  7.4   sum of the regional transit board's property tax levy limitation 
  7.5   for the taxes payable year 1994 and $160,665.  The $160,665 
  7.6   increase shall be a permanent adjustment to the levy limit base 
  7.7   used in determining the regional transit board's property tax 
  7.8   levy limitation for general purposes for subsequent taxes 
  7.9   payable years. 
  7.10     For the purpose of determining the council's property tax 
  7.11  levy limitation for general transit purposes under this 
  7.12  subdivision, "total market valuation" means the total market 
  7.13  valuation of all taxable property within the metropolitan 
  7.14  transit taxing district without valuation adjustments for fiscal 
  7.15  disparities (chapter 473F), tax increment financing (sections 
  7.16  469.174 to 469.179), and high voltage transmission lines 
  7.17  (section 273.425). 
  7.18     The county auditor shall reduce the tax levied pursuant to 
  7.19  this section and section 473.388 on all property within 
  7.20  statutory and home rule charter cities and towns that receive 
  7.21  full-peak service and limited off-peak service by an amount 
  7.22  equal to the tax levy that would be produced by applying a rate 
  7.23  of 0.510 percent of net tax capacity on the property.  The 
  7.24  county auditor shall reduce the tax levied pursuant to this 
  7.25  section and section 473.388 on all property within statutory and 
  7.26  home rule charter cities and towns that receive limited peak 
  7.27  service by an amount equal to the tax levy that would be 
  7.28  produced by applying a rate of 0.765 percent of net tax capacity 
  7.29  on the property.  The amounts so computed by the county auditor 
  7.30  shall be submitted to the commissioner of revenue as part of the 
  7.31  abstracts of tax lists required to be filed with the 
  7.32  commissioner under section 275.29.  Any prior year adjustments 
  7.33  shall also be certified in the abstracts of tax lists.  The 
  7.34  commissioner shall review the certifications to determine their 
  7.35  accuracy and may make changes in the certification as necessary 
  7.36  or return a certification to the county auditor for 
  8.1   corrections.  The commissioner shall pay to the council and to 
  8.2   the municipalities levying under section 473.388, subdivision 7, 
  8.3   the amounts certified by the county auditors on the dates 
  8.4   provided in section 273.1398, apportioned between the council 
  8.5   and the municipality in the same proportion as the total transit 
  8.6   levy is apportioned within the municipality.  There is annually 
  8.7   appropriated from the general fund in the state treasury to the 
  8.8   department of revenue the amounts necessary to make these 
  8.9   payments.  
  8.10     For the purposes of this subdivision, "full-peak and 
  8.11  limited off-peak service" means peak period regular route 
  8.12  service, plus weekday midday regular route service at intervals 
  8.13  longer than 60 minutes on the route with the greatest frequency; 
  8.14  and "limited peak period service" means peak period regular 
  8.15  route service only.  
  8.16     For the purposes of property taxes payable in the following 
  8.17  year, the council shall annually determine which cities and 
  8.18  towns qualify for the 0.510 percent or 0.765 percent tax 
  8.19  capacity rate reduction and shall certify this list to the 
  8.20  county auditor of the county wherein such cities and towns are 
  8.21  located on or before September 15.  No changes may be made to 
  8.22  the annual list after September 15. 
  8.23     Sec. 6.  [TRANSITION.] 
  8.24     The metropolitan council becomes a state agency in the 
  8.25  executive branch on July 1, 2001.  Notwithstanding other law, 
  8.26  all property tax levying authority of the council ends with the 
  8.27  levies made in 2000.  The council must cooperate with the 
  8.28  commissioners of revenue and finance in making recommendations 
  8.29  to the legislature in 2001 as the disposition of the levy 
  8.30  proceeds.  In anticipation of the conversion, the council must 
  8.31  cooperate with the commissioner of finance in preparing an 
  8.32  agency budget for the state biennium ending June 30, 2003, as 
  8.33  provided in Minnesota Statutes, chapter 16A.  The agency must 
  8.34  also cooperate with the commissioner of administration to 
  8.35  resolve facility and other property and contract matters.  The 
  8.36  council must also cooperate with the commissioner of employee 
  9.1   relations to resolve employee relation issues.  No employment 
  9.2   rights are impaired on account of the conversion.  Employees 
  9.3   remain in the Minnesota state retirement system.  Existing 
  9.4   public employment collective bargaining contracts continue in 
  9.5   effect according to their terms.  The commissioner of the bureau 
  9.6   of mediation services and the commissioner of employee relations 
  9.7   must cooperate to recommend changes, if any, in the contract 
  9.8   schedules and periods.  The council must also cooperate with the 
  9.9   commissioner of transportation regarding local, regional, state, 
  9.10  and federal responsibilities of the council with respect to 
  9.11  transportation and transit matters.  The authorities referred to 
  9.12  in this section must make recommendations by November 30, 2000, 
  9.13  to the appropriate legislative committees on local and 
  9.14  metropolitan government and on state government policy and 
  9.15  finance about further changes in state law and finance to 
  9.16  accomplish completely the conversion mandated in this section.  
  9.17  To the extent possible, Minnesota Statutes, chapters 15, 16A, 
  9.18  16B, 16C, and 43A are applicable to the newly converted state 
  9.19  agency. 
  9.20     Sec. 7.  [APPLICATION.] 
  9.21     Sections 2 to 5 apply in the counties of Anoka, Carver, 
  9.22  Dakota, Hennepin, Ramsey, Scott, and Washington. 
  9.23     Sec. 8.  [EFFECTIVE DATE.] 
  9.24     Sections 1 to 5 and 7 are effective July 1, 2001.  Section 
  9.25  6 is effective July 1, 2000.