HF 3694

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the metropolitan council; eliminating or 
  1.3             modifying requirements that are obsolete, unnecessary, 
  1.4             or inefficient; authorizing the use of facsimile or 
  1.5             digital signatures; establishing a task force to study 
  1.6             legislative proposals relating to metropolitan 
  1.7             government structure and to make recommendations by 
  1.8             January 1, 2001; amending Minnesota Statutes 1998, 
  1.9             sections 473.129, by adding a subdivision; 473.13, 
  1.10            subdivision 1; 473.254, subdivision 1; and 473.704, 
  1.11            subdivision 19; repealing Minnesota Statutes 1998, 
  1.12            sections 473.1623, subdivision 3; and 473.23, 
  1.13            subdivision 1; Minnesota Rules, chapter 5900. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1998, section 473.129, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 11.  [FACSIMILE OR DIGITAL SIGNATURES.] Under 
  1.18  guidelines approved by the council, digital signatures and 
  1.19  facsimile or electronic approvals if digital signatures are not 
  1.20  practicable under chapter 325K may be used by the council in 
  1.21  carrying out its duties and responsibilities.  A facsimile 
  1.22  signature, electronic approval, or digital signature, when used 
  1.23  in accordance with the council's guidelines, is as effective as 
  1.24  an original signature. 
  1.25     Sec. 2.  Minnesota Statutes 1998, section 473.13, 
  1.26  subdivision 1, is amended to read: 
  1.27     Subdivision 1.  [BUDGET.] (a) On or before December 20 of 
  1.28  each year the council, after the public hearing required in 
  1.29  section 275.065, shall adopt a final budget covering its 
  2.1   anticipated receipts and disbursements for the ensuing year and 
  2.2   shall decide upon the total amount necessary to be raised from 
  2.3   ad valorem tax levies to meet its budget.  The budget shall 
  2.4   state in detail the expenditures for each program to be 
  2.5   undertaken, including the expenses for salaries, consultant 
  2.6   services, overhead, travel, printing, and other items.  The 
  2.7   budget shall state in detail the capital expenditures of the 
  2.8   council for the budget year, based on a five-year capital 
  2.9   program adopted by the council and transmitted to the 
  2.10  legislature.  After adoption of the budget and no later than 
  2.11  five working days after December 20, the council shall certify 
  2.12  to the auditor of each metropolitan county the share of the tax 
  2.13  to be levied within that county, which must be an amount bearing 
  2.14  the same proportion to the total levy agreed on by the council 
  2.15  as the net tax capacity of the county bears to the net tax 
  2.16  capacity of the metropolitan area.  The maximum amount of any 
  2.17  levy made for the purpose of this chapter may not exceed the 
  2.18  limits set by the statute authorizing the levy. 
  2.19     (b) Each even-numbered year the council shall prepare for 
  2.20  its transit programs a financial plan for the succeeding three 
  2.21  calendar years, in half-year segments.  The financial plan must 
  2.22  contain the elements specified in section 473.1623, subdivision 
  2.23  3.  The financial plan must contain schedules of user charges 
  2.24  and any changes in user charges planned or anticipated by the 
  2.25  council during the period of the plan.  The financial plan must 
  2.26  contain a proposed request for state financial assistance for 
  2.27  the succeeding biennium. 
  2.28     (c) In addition, the budget must show for each year: 
  2.29     (1) the estimated operating revenues from all sources 
  2.30  including funds on hand at the beginning of the year, and 
  2.31  estimated expenditures for costs of operation, administration, 
  2.32  maintenance, and debt service; 
  2.33     (2) capital improvement funds estimated to be on hand at 
  2.34  the beginning of the year and estimated to be received during 
  2.35  the year from all sources and estimated cost of capital 
  2.36  improvements to be paid out or expended during the year, all in 
  3.1   such detail and form as the council may prescribe; and 
  3.2      (3) the estimated source and use of pass-through funds. 
  3.3      Sec. 3.  Minnesota Statutes 1998, section 473.254, 
  3.4   subdivision 1, is amended to read: 
  3.5      Subdivision 1.  [PARTICIPATION.] (a) By November 15 of each 
  3.6   year, A municipality may elect to participate in the local 
  3.7   housing incentive account program.  If a municipality does not 
  3.8   elect to participate for the year, it is not subject to this 
  3.9   section.  If the election to participate occurs by November 15 
  3.10  of any year, it is effective commencing the next calendar year; 
  3.11  otherwise it is effective commencing the next succeeding 
  3.12  calendar year.  An election to participate in the program is 
  3.13  effective until revoked in accordance with paragraph (b).  A 
  3.14  municipality is subject to this section only in those calendar 
  3.15  years for which its election to participate in the program is 
  3.16  effective.  For purposes of this section, municipality means a 
  3.17  municipality electing to participate in the local housing 
  3.18  incentive account program for the calendar year in question, 
  3.19  unless the context indicates otherwise. 
  3.20     (b) A municipality may revoke its election to participate 
  3.21  in the local housing incentive account program.  If the 
  3.22  revocation occurs by November 15 of any year, it is effective 
  3.23  commencing the next calendar year; otherwise it is effective 
  3.24  commencing the next succeeding calendar year.  After revoking 
  3.25  its election to participate in the program, a municipality may 
  3.26  again elect to participate in the program in accordance with 
  3.27  paragraph (a). 
  3.28     (c) A municipality that elects to participate may receive 
  3.29  grants or loans from the tax base revitalization account, 
  3.30  livable communities demonstration account, or the local housing 
  3.31  incentive account.  A municipality that does not participate is 
  3.32  not eligible to receive a grant under sections 116J.551 to 
  3.33  116J.557.  The council, when making discretionary funding 
  3.34  decisions, shall give consideration to a municipality's 
  3.35  participation in the local housing incentives program.  
  3.36     Sec. 4.  Minnesota Statutes 1998, section 473.704, 
  4.1   subdivision 19, is amended to read: 
  4.2      Subd. 19.  [FINANCIAL REPORT.] The commission, by December 
  4.3   15 of each even-numbered year, shall prepare and submit to the 
  4.4   legislature a financial report that contains the information 
  4.5   required by Minnesota Statutes 1998, section 473.1623, 
  4.6   subdivision 3, in a format consistent with the consolidated 
  4.7   financial report required by that subdivision. 
  4.8      Sec. 5.  [TASK FORCE ON METROPOLITAN GOVERNMENT CREATED.] 
  4.9      Subdivision 1.  [ESTABLISHED.] A task force on metropolitan 
  4.10  government is created. 
  4.11     Subd. 2.  [DUTIES.] The task force shall study and make 
  4.12  recommendations to the legislature by January 1, 2001, on the 
  4.13  appropriate role and responsibilities of metropolitan government 
  4.14  in the metropolitan area, as defined in Minnesota Statutes, 
  4.15  section 473.121, subdivision 2.  Considering the legislation 
  4.16  introduced in the 1999-2000 legislative session, and in 
  4.17  particular, the legislation proposing to eliminate the 
  4.18  metropolitan council, the task force shall examine: 
  4.19     (1) each statute and law that relates to the metropolitan 
  4.20  council and whether powers and duties given to the council are 
  4.21  still appropriate; 
  4.22     (2) what services should be provided and what functions 
  4.23  fulfilled by metropolitan government; 
  4.24     (3) what powers are needed by metropolitan government to 
  4.25  deliver the services and fulfill those functions; 
  4.26     (4) whether any service or function currently performed by 
  4.27  metropolitan government should be discontinued or transferred to 
  4.28  another governmental entity; and 
  4.29     (5) what governance structures will best support the 
  4.30  identified roles and responsibilities of metropolitan 
  4.31  government, and be responsive to, understandable by, and 
  4.32  accountable to citizens. 
  4.33     Subd. 3.  [MEMBERSHIP.] The task force consists of 18 
  4.34  members who serve at the pleasure of their respective appointing 
  4.35  authorities as follows: 
  4.36     (1) the chairs of the house local government and 
  5.1   metropolitan affairs committee and the senate local and 
  5.2   metropolitan government committee, to serve as co-chairs; 
  5.3      (2) two state representatives, one member of the majority 
  5.4   appointed by the speaker of the house, and one member of the 
  5.5   minority appointed by the house minority leader; 
  5.6      (3) two state senators, one member of the majority and one 
  5.7   member of the minority, each appointed by the subcommittee on 
  5.8   committees of the committee on rules and administration; 
  5.9      (4) the governor or the governor's designee; 
  5.10     (5) two local elected officials to represent metropolitan 
  5.11  area counties, appointed by the Association of Minnesota 
  5.12  Counties; 
  5.13     (6) two local elected officials to represent metropolitan 
  5.14  area cities, appointed by the Association of Metropolitan 
  5.15  Municipalities; 
  5.16     (7) two local elected officials to represent metropolitan 
  5.17  area towns, appointed by the Minnesota Association of Townships; 
  5.18     (8) two current members of the metropolitan council, 
  5.19  appointed by the chair of the council; and 
  5.20     (9) three union members employed at the metropolitan 
  5.21  council, appointed by agreement of the union officials at the 
  5.22  council. 
  5.23     Members must be appointed as soon as practicable after the 
  5.24  effective date of this section. 
  5.25     Subd. 4.  [ADMINISTRATIVE; STAFF ASSISTANCE.] Legislative 
  5.26  staff shall provide administrative and staff assistance to the 
  5.27  task force.  Executive branch staff shall assist the task force 
  5.28  upon request. 
  5.29     Subd. 5.  [EFFECTIVE DATE; EXPIRATION.] This section is 
  5.30  effective the day following final enactment and expires June 30, 
  5.31  2001. 
  5.32     Sec. 6.  [REPEALER.] 
  5.33     Minnesota Statutes 1998, sections 473.1623, subdivision 3; 
  5.34  and 473.23, subdivision 1, are repealed.  Minnesota Rules, parts 
  5.35  5900.0100; 5900.0200; 5900.0300; 5900.0400; 5900.0400; 
  5.36  5900.0500; 5900.0600; 5900.0700; 5900.0800; 5900.0900; 
  6.1   5900.1000; 5900.1100; 5900.1200; 5900.1300; 5900.1400; 
  6.2   5900.1500; 5900.1600; 5900.1700; 5900.1800; 5900.1900; 
  6.3   5900.2000; 5900.2100; 5900.2200; 5900.2300; 5900.2400; 
  6.4   5900.2500; 5900.2600; 5900.2700; 5900.2800; 5900.2900; 
  6.5   5900.3000; 5900.3100; 5900.3200; 5900.3300; 5900.3400; 
  6.6   5900.3500; 5900.3600; 5900.3700; 5900.3800; 5900.3900; 
  6.7   5900.4000; 5900.4100; 5900.4200; 5900.4300; 5900.4400; 
  6.8   5900.4500; 5900.4600; 5900.4700; 5900.4800; 5900.4900; 
  6.9   5900.5000; 5900.5100; 5900.5200; 5900.5300; 5900.5400; 
  6.10  5900.5500; 5900.5600; 5900.5700; 5900.5800; 5900.5900; 
  6.11  5900.6000; 5900.6100; 5900.6200; 5900.6300; 5900.6400; 
  6.12  5900.6500; 5900.6800; 5900.6900; 5900.7000; 5900.7100; 
  6.13  5900.7200; 5900.7300; 5900.7400; and 5900.7500, are repealed. 
  6.14     Sec. 7.  [APPLICATION.] 
  6.15     Sections 1 to 4 and 6 apply in the counties of Anoka, 
  6.16  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
  6.17     Sec. 8.  [EFFECTIVE DATE.] 
  6.18     This act is effective on the day following final enactment.