SF 197

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to railroads; abolishing regional rail authorities in the seven-county
metropolitan area; amending Minnesota Statutes 2004, sections 10A.01,
subdivision 24; 174.03, subdivision 6a; 275.065, subdivision 3; 398A.03,
subdivision 1; 473.399, subdivision 1; 473.3994, subdivision 2; 473.3997;
proposing coding for new law in Minnesota Statutes, chapter 398A.

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

Section 1.

Minnesota Statutes 2004, section 10A.01, subdivision 24, is amended to
read:

Subd. 24.

Metropolitan governmental unit.

"Metropolitan governmental unit"
means any of the seven counties in the metropolitan area as defined in section 473.121,
subdivision 2, deleted text begin a regional railroad authority established by one or more of those counties
under section 398A.03, deleted text end a city with a population of over 50,000 located in the seven-county
metropolitan area, the Metropolitan Council, or a metropolitan agency as defined in
section 473.121, subdivision 5a.

Sec. 2.

Minnesota Statutes 2004, section 174.03, subdivision 6a, is amended to read:

Subd. 6a.

Economic analysis of nonhighway alternatives.

If the commissioner
considers congestion pricing, tolls, mileage pricing, or public-private partnerships in order
to meet the transportation needs of commuters in the department's metropolitan district
between 2001 and 2020, the commissioner shall, in cooperation with the Metropolitan
Council deleted text begin and the regional railroad authorities in the district, deleted text end compare the economics of these
financing methods with the economics of nonhighway alternatives for moving commuters.
The commissioner shall analyze the economics as they relate to both individuals and to
the transportation system.

Sec. 3.

Minnesota Statutes 2004, section 275.065, subdivision 3, is amended to read:

Subd. 3.

Notice of proposed property taxes.

(a) The county auditor shall prepare
and the county treasurer shall deliver after November 10 and on or before November 24
each year, by first class mail to each taxpayer at the address listed on the county's current
year's assessment roll, a notice of proposed property taxes.

(b) The commissioner of revenue shall prescribe the form of the notice.

(c) The notice must inform taxpayers that it contains the amount of property taxes
each taxing authority proposes to collect for taxes payable the following year. In the case
of a town, or in the case of the state general tax, the final tax amount will be its proposed
tax. In the case of taxing authorities required to hold a public meeting under subdivision 6,
the notice must clearly state that each taxing authority, including regional library districts
established under section 134.201, and including the metropolitan taxing districts as
defined in paragraph (i), but excluding all other special taxing districts and towns, will
hold a public meeting to receive public testimony on the proposed budget and proposed or
final property tax levy, or, in case of a school district, on the current budget and proposed
property tax levy. It must clearly state the time and place of each taxing authority's
meeting, a telephone number for the taxing authority that taxpayers may call if they have
questions related to the notice, and an address where comments will be received by mail.

(d) The notice must state for each parcel:

(1) the market value of the property as determined under section 273.11, and used
for computing property taxes payable in the following year and for taxes payable in the
current year as each appears in the records of the county assessor on November 1 of the
current year; and, in the case of residential property, whether the property is classified as
homestead or nonhomestead. The notice must clearly inform taxpayers of the years to
which the market values apply and that the values are final values;

(2) the items listed below, shown separately by county, city or town, and state general
tax, net of the residential and agricultural homestead credit under section 273.1384, voter
approved school levy, other local school levy, and the sum of the special taxing districts,
and as a total of all taxing authorities:

(i) the actual tax for taxes payable in the current year; and

(ii) the proposed tax amount.

If the county levy under clause (2) includes an amount for a lake improvement
district as defined under sections 103B.501 to 103B.581, the amount attributable for that
purpose must be separately stated from the remaining county levy amount.

In the case of a town or the state general tax, the final tax shall also be its proposed
tax unless the town changes its levy at a special town meeting under section 365.52. If a
school district has certified under section 126C.17, subdivision 9, that a referendum will
be held in the school district at the November general election, the county auditor must
note next to the school district's proposed amount that a referendum is pending and that, if
approved by the voters, the tax amount may be higher than shown on the notice. In the
case of the city of Minneapolis, the levy for the Minneapolis Library Board and the levy
for Minneapolis Park and Recreation shall be listed separately from the remaining amount
of the city's levy. In the case of the city of St. Paul, the levy for the St. Paul Library
Agency must be listed separately from the remaining amount of the city's levy. In the
case of a parcel where tax increment or the fiscal disparities areawide tax under chapter
276A or 473F applies, the proposed tax levy on the captured value or the proposed tax
levy on the tax capacity subject to the areawide tax must each be stated separately and
not included in the sum of the special taxing districts; and

(3) the increase or decrease between the total taxes payable in the current year and
the total proposed taxes, expressed as a percentage.

For purposes of this section, the amount of the tax on homesteads qualifying under
the senior citizens' property tax deferral program under chapter 290B is the total amount
of property tax before subtraction of the deferred property tax amount.

(e) The notice must clearly state that the proposed or final taxes do not include
the following:

(1) special assessments;

(2) levies approved by the voters after the date the proposed taxes are certified,
including bond referenda and school district levy referenda;

(3) a levy limit increase approved by the voters by the first Tuesday after the first
Monday in November of the levy year as provided under section 275.73;

(4) amounts necessary to pay cleanup or other costs due to a natural disaster
occurring after the date the proposed taxes are certified;

(5) amounts necessary to pay tort judgments against the taxing authority that become
final after the date the proposed taxes are certified; and

(6) the contamination tax imposed on properties which received market value
reductions for contamination.

(f) Except as provided in subdivision 7, failure of the county auditor to prepare or
the county treasurer to deliver the notice as required in this section does not invalidate the
proposed or final tax levy or the taxes payable pursuant to the tax levy.

(g) If the notice the taxpayer receives under this section lists the property as
nonhomestead, and satisfactory documentation is provided to the county assessor by the
applicable deadline, and the property qualifies for the homestead classification in that
assessment year, the assessor shall reclassify the property to homestead for taxes payable
in the following year.

(h) In the case of class 4 residential property used as a residence for lease or rental
periods of 30 days or more, the taxpayer must either:

(1) mail or deliver a copy of the notice of proposed property taxes to each tenant,
renter, or lessee; or

(2) post a copy of the notice in a conspicuous place on the premises of the property.

The notice must be mailed or posted by the taxpayer by November 27 or within
three days of receipt of the notice, whichever is later. A taxpayer may notify the county
treasurer of the address of the taxpayer, agent, caretaker, or manager of the premises to
which the notice must be mailed in order to fulfill the requirements of this paragraph.

(i) For purposes of this subdivision, subdivisions 5a and 6, "metropolitan special
taxing districts" means the following taxing districts in the seven-county metropolitan area
that levy a property tax for any of the specified purposes listed below:

(1) Metropolitan Council under section 473.132, 473.167, 473.249, 473.325,
473.446, 473.521, 473.547, or 473.834;

(2) Metropolitan Airports Commission under section 473.667, 473.671, or 473.672;
and

(3) Metropolitan Mosquito Control Commission under section 473.711.

deleted text begin For purposes of this section, any levies made by the regional rail authorities in the
county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter
398A shall be included with the appropriate county's levy and shall be discussed at that
county's public hearing.
deleted text end

Sec. 4.

Minnesota Statutes 2004, section 398A.03, subdivision 1, is amended to read:

Subdivision 1.

Organization resolution.

A regional railroad authority may be
organized by resolution or joint resolution adopted by the governing body or bodies of
one or more counties new text begin located outside the metropolitan area as defined in section 473.121,
subdivision 2 new text end . The governing body or bodies of a municipality or municipalities within
a county or counties may request by resolution that the county or counties organize a
railroad authority. If the county or counties do not organize an authority within 90 days of
receipt of the request, the municipality or municipalities may organize an authority by
resolution or joint resolution. A resolution organizing an authority must state:

(a) that the authority is organized under the Regional Railroad Authorities Act as
a political subdivision and local government unit of Minnesota, to exercise thereunder
part of the sovereign power of the state;

(b) the name of the authority, including the words "regional railroad authority";

(c) the municipality or municipalities adopting the organization resolution;

(d) the number of commissioners of the authority, not less than five; the number to
be appointed by the governing body of each municipality; and the names and addresses of
the first board of commissioners;

(e) the city and county in which the registered office of the authority is to be situated;

(f) that neither the state of Minnesota, the municipality or municipalities, nor any
other political subdivision is liable for obligations of the authority; and

(g) any other provision for regulating the business of the authority determined by the
governing body or bodies adopting the resolution.

Sec. 5.

new text begin [398A.10] METROPOLITAN REGIONAL RAIL AUTHORITIES
ABOLISHED.
new text end

new text begin Subdivision 1. new text end

new text begin Authorities abolished. new text end

new text begin Regional rail authorities established under
section 398A.03 in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott,
and Washington are abolished. All property of an abolished regional rail authority is
transferred to the county originally establishing the authority.
new text end

new text begin Subd. 2. new text end

new text begin Bonds. new text end

new text begin Bonds and other debt authorized by section 398A.07 issued by a
regional rail authority abolished under subdivision 1 that are outstanding on the effective
date of this section must be paid and retired according to that section and the terms of the
bonds or other debt instruments. The auditors of the metropolitan counties shall see to
the administration of this section.
new text end

Sec. 6.

Minnesota Statutes 2004, section 473.399, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

(a) The council shall adopt a plan to ensure
that light rail transit facilities in the metropolitan area will be acquired, developed, owned,
and capable of operation in an efficient, cost-effective, and coordinated manner in
coordination with buses and other transportation modes and facilities. The plan may be
developed and adopted in phases corresponding to phasing of construction of light rail.
deleted text begin The council may incorporate into its plan appropriate elements of the plans of regional
railroad authorities in order to avoid duplication of effort.
deleted text end

(b) The light rail transit plan or first phase of the plan required by this section
must be adopted by the council before the commissioner of transportation may begin
construction of light rail transit facilities. Following adoption of the plan, the new text begin county
and the new text end commissioner of transportation shall act in conformity with the plan. The
commissioner shall prepare or amend the final design plans as necessary to make the plans
consistent with the light rail transit plan.

(c) Throughout the development and implementation of the plan, the council shall
contract for or otherwise obtain engineering services to assure that the plan adequately
addresses the technical aspects of light rail transit.

Sec. 7.

Minnesota Statutes 2004, section 473.3994, subdivision 2, is amended to read:

Subd. 2.

Preliminary design plans; public hearing.

Before final design plans are
prepared for a light rail transit facility, the commissioner of transportation deleted text begin and the regional
railroad authority or authorities in whose jurisdiction the line or lines are located deleted text end must
hold a public hearing on the physical design component of the preliminary design plans.
The commissioner of transportation deleted text begin and the regional railroad authority or authorities in
whose jurisdiction the line or lines are located deleted text end must provide appropriate public notice of
the hearing and publicity to ensure that affected parties have an opportunity to present
their views at the hearing. The commissioner shall summarize the proceedings and
testimony and maintain the record of a hearing held under this section, including any
written statements submitted.

Sec. 8.

Minnesota Statutes 2004, section 473.3997, is amended to read:

473.3997 FEDERAL FUNDING; LIGHT RAIL TRANSIT.

(a) Upon completion of the alternatives analysis and draft environmental impact
statement for the central corridor transit improvement project, the council deleted text begin , deleted text end new text begin and new text end the
commissioner of transportation deleted text begin , and the affected regional rail authorities deleted text end may prepare a
joint application for federal assistance for light rail transit facilities in the metropolitan
area. The application must be reviewed and approved by the Metropolitan Council before
it is submitted by the council and the commissioner. In reviewing the application the
council must consider the information submitted to it under section 473.3994, subdivision
9.

(b) Until the application described in paragraph (a) is submitted, no political
subdivision in the metropolitan area may on its own apply for federal assistance for light
rail transit planning or construction.

Sec. 9. new text begin APPLICABILITY.
new text end

new text begin This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective July 1, 2005.
new text end