SF 686

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to railroads; abolishing regional rail 
  1.3             authorities in the seven-county metropolitan area; 
  1.4             amending Minnesota Statutes 2002, sections 10A.01, 
  1.5             subdivision 24; 174.03, subdivision 6a; 275.065, 
  1.6             subdivision 3; 398A.03, subdivision 1; 473.399, 
  1.7             subdivision 1; 473.3994, subdivision 2; 473.3997; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapter 398A. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 10A.01, 
  1.12  subdivision 24, is amended to read: 
  1.13     Subd. 24.  [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan 
  1.14  governmental unit" means any of the seven counties in the 
  1.15  metropolitan area as defined in section 473.121, subdivision 
  1.16  2, a regional railroad authority established by one or more of 
  1.17  those counties under section 398A.03, a city with a population 
  1.18  of over 50,000 located in the seven-county metropolitan area, 
  1.19  the metropolitan council, or a metropolitan agency as defined in 
  1.20  section 473.121, subdivision 5a. 
  1.21     Sec. 2.  Minnesota Statutes 2002, section 174.03, 
  1.22  subdivision 6a, is amended to read: 
  1.23     Subd. 6a.  [ECONOMIC ANALYSIS OF NONHIGHWAY ALTERNATIVES.] 
  1.24  If the commissioner considers congestion pricing, tolls, mileage 
  1.25  pricing, or public-private partnerships in order to meet the 
  1.26  transportation needs of commuters in the department's 
  1.27  metropolitan district between 2001 and 2020, the commissioner 
  2.1   shall, in cooperation with the metropolitan council and the 
  2.2   regional railroad authorities in the district, compare the 
  2.3   economics of these financing methods with the economics of 
  2.4   nonhighway alternatives for moving commuters.  The commissioner 
  2.5   shall analyze the economics as they relate to both individuals 
  2.6   and to the transportation system. 
  2.7      Sec. 3.  Minnesota Statutes 2002, section 275.065, 
  2.8   subdivision 3, is amended to read: 
  2.9      Subd. 3.  [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 
  2.10  county auditor shall prepare and the county treasurer shall 
  2.11  deliver after November 10 and on or before November 24 each 
  2.12  year, by first class mail to each taxpayer at the address listed 
  2.13  on the county's current year's assessment roll, a notice of 
  2.14  proposed property taxes.  
  2.15     (b) The commissioner of revenue shall prescribe the form of 
  2.16  the notice. 
  2.17     (c) The notice must inform taxpayers that it contains the 
  2.18  amount of property taxes each taxing authority proposes to 
  2.19  collect for taxes payable the following year.  In the case of a 
  2.20  town, or in the case of the state general tax, the final tax 
  2.21  amount will be its proposed tax.  In the case of taxing 
  2.22  authorities required to hold a public meeting under subdivision 
  2.23  6, the notice must clearly state that each taxing authority, 
  2.24  including regional library districts established under section 
  2.25  134.201, and including the metropolitan taxing districts as 
  2.26  defined in paragraph (i), but excluding all other special taxing 
  2.27  districts and towns, will hold a public meeting to receive 
  2.28  public testimony on the proposed budget and proposed or final 
  2.29  property tax levy, or, in case of a school district, on the 
  2.30  current budget and proposed property tax levy.  It must clearly 
  2.31  state the time and place of each taxing authority's meeting, a 
  2.32  telephone number for the taxing authority that taxpayers may 
  2.33  call if they have questions related to the notice, and an 
  2.34  address where comments will be received by mail.  
  2.35     (d) The notice must state for each parcel: 
  2.36     (1) the market value of the property as determined under 
  3.1   section 273.11, and used for computing property taxes payable in 
  3.2   the following year and for taxes payable in the current year as 
  3.3   each appears in the records of the county assessor on November 1 
  3.4   of the current year; and, in the case of residential property, 
  3.5   whether the property is classified as homestead or 
  3.6   nonhomestead.  The notice must clearly inform taxpayers of the 
  3.7   years to which the market values apply and that the values are 
  3.8   final values; 
  3.9      (2) the items listed below, shown separately by county, 
  3.10  city or town, and state general tax, net of the residential and 
  3.11  agricultural homestead credit under section 273.1384, voter 
  3.12  approved school levy, other local school levy, and the sum of 
  3.13  the special taxing districts, and as a total of all taxing 
  3.14  authorities:  
  3.15     (i) the actual tax for taxes payable in the current year; 
  3.16     (ii) the tax change due to spending factors, defined as the 
  3.17  proposed tax minus the constant spending tax amount; 
  3.18     (iii) the tax change due to other factors, defined as the 
  3.19  constant spending tax amount minus the actual current year tax; 
  3.20  and 
  3.21     (iv) the proposed tax amount. 
  3.22     If the county levy under clause (2) includes an amount for 
  3.23  a lake improvement district as defined under sections 103B.501 
  3.24  to 103B.581, the amount attributable for that purpose must be 
  3.25  separately stated from the remaining county levy amount.  
  3.26     In the case of a town or the state general tax, the final 
  3.27  tax shall also be its proposed tax unless the town changes its 
  3.28  levy at a special town meeting under section 365.52.  If a 
  3.29  school district has certified under section 126C.17, subdivision 
  3.30  9, that a referendum will be held in the school district at the 
  3.31  November general election, the county auditor must note next to 
  3.32  the school district's proposed amount that a referendum is 
  3.33  pending and that, if approved by the voters, the tax amount may 
  3.34  be higher than shown on the notice.  In the case of the city of 
  3.35  Minneapolis, the levy for the Minneapolis library board and the 
  3.36  levy for Minneapolis park and recreation shall be listed 
  4.1   separately from the remaining amount of the city's levy.  In the 
  4.2   case of the city of St. Paul, the levy for the St. Paul library 
  4.3   agency must be listed separately from the remaining amount of 
  4.4   the city's levy.  In the case of a parcel where tax increment or 
  4.5   the fiscal disparities areawide tax under chapter 276A or 473F 
  4.6   applies, the proposed tax levy on the captured value or the 
  4.7   proposed tax levy on the tax capacity subject to the areawide 
  4.8   tax must each be stated separately and not included in the sum 
  4.9   of the special taxing districts; and 
  4.10     (3) the increase or decrease between the total taxes 
  4.11  payable in the current year and the total proposed taxes, 
  4.12  expressed as a percentage. 
  4.13     For purposes of this section, the amount of the tax on 
  4.14  homesteads qualifying under the senior citizens' property tax 
  4.15  deferral program under chapter 290B is the total amount of 
  4.16  property tax before subtraction of the deferred property tax 
  4.17  amount. 
  4.18     (e) The notice must clearly state that the proposed or 
  4.19  final taxes do not include the following: 
  4.20     (1) special assessments; 
  4.21     (2) levies approved by the voters after the date the 
  4.22  proposed taxes are certified, including bond referenda, school 
  4.23  district levy referenda, and levy limit increase referenda; 
  4.24     (3) amounts necessary to pay cleanup or other costs due to 
  4.25  a natural disaster occurring after the date the proposed taxes 
  4.26  are certified; 
  4.27     (4) amounts necessary to pay tort judgments against the 
  4.28  taxing authority that become final after the date the proposed 
  4.29  taxes are certified; and 
  4.30     (5) the contamination tax imposed on properties which 
  4.31  received market value reductions for contamination. 
  4.32     (f) Except as provided in subdivision 7, failure of the 
  4.33  county auditor to prepare or the county treasurer to deliver the 
  4.34  notice as required in this section does not invalidate the 
  4.35  proposed or final tax levy or the taxes payable pursuant to the 
  4.36  tax levy. 
  5.1      (g) If the notice the taxpayer receives under this section 
  5.2   lists the property as nonhomestead, and satisfactory 
  5.3   documentation is provided to the county assessor by the 
  5.4   applicable deadline, and the property qualifies for the 
  5.5   homestead classification in that assessment year, the assessor 
  5.6   shall reclassify the property to homestead for taxes payable in 
  5.7   the following year. 
  5.8      (h) In the case of class 4 residential property used as a 
  5.9   residence for lease or rental periods of 30 days or more, the 
  5.10  taxpayer must either: 
  5.11     (1) mail or deliver a copy of the notice of proposed 
  5.12  property taxes to each tenant, renter, or lessee; or 
  5.13     (2) post a copy of the notice in a conspicuous place on the 
  5.14  premises of the property.  
  5.15     The notice must be mailed or posted by the taxpayer by 
  5.16  November 27 or within three days of receipt of the notice, 
  5.17  whichever is later.  A taxpayer may notify the county treasurer 
  5.18  of the address of the taxpayer, agent, caretaker, or manager of 
  5.19  the premises to which the notice must be mailed in order to 
  5.20  fulfill the requirements of this paragraph. 
  5.21     (i) For purposes of this subdivision, subdivisions 5a and 
  5.22  6, "metropolitan special taxing districts" means the following 
  5.23  taxing districts in the seven-county metropolitan area that levy 
  5.24  a property tax for any of the specified purposes listed below: 
  5.25     (1) metropolitan council under section 473.132, 473.167, 
  5.26  473.249, 473.325, 473.446, 473.521, 473.547, or 473.834; 
  5.27     (2) metropolitan airports commission under section 473.667, 
  5.28  473.671, or 473.672; and 
  5.29     (3) metropolitan mosquito control commission under section 
  5.30  473.711. 
  5.31     For purposes of this section, any levies made by the 
  5.32  regional rail authorities in the county of Anoka, Carver, 
  5.33  Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 
  5.34  398A shall be included with the appropriate county's levy and 
  5.35  shall be discussed at that county's public hearing. 
  5.36     (j) If a statutory or home rule charter city or a town has 
  6.1   exercised the local levy option provided by section 473.388, 
  6.2   subdivision 7, it may include in the notice of its proposed 
  6.3   taxes the amount of its proposed taxes attributable to its 
  6.4   exercise of the option.  In the first year of the city or town's 
  6.5   exercise of this option, the statement shall include an estimate 
  6.6   of the reduction of the metropolitan council's tax on the parcel 
  6.7   due to exercise of that option.  The metropolitan council's levy 
  6.8   shall be adjusted accordingly. 
  6.9      Sec. 4.  Minnesota Statutes 2002, section 398A.03, 
  6.10  subdivision 1, is amended to read: 
  6.11     Subdivision 1.  [ORGANIZATION RESOLUTION.] A regional 
  6.12  railroad authority may be organized by resolution or joint 
  6.13  resolution adopted by the governing body or bodies of one or 
  6.14  more counties located outside the metropolitan area as defined 
  6.15  in section 473.121, subdivision 2.  The governing body or bodies 
  6.16  of a municipality or municipalities within a county or counties 
  6.17  may request by resolution that the county or counties organize a 
  6.18  railroad authority.  If the county or counties do not organize 
  6.19  an authority within 90 days of receipt of the request, the 
  6.20  municipality or municipalities may organize an authority by 
  6.21  resolution or joint resolution.  A resolution organizing an 
  6.22  authority must state: 
  6.23     (a) That the authority is organized under the Regional 
  6.24  Railroad Authorities Act as a political subdivision and local 
  6.25  government unit of Minnesota, to exercise thereunder part of the 
  6.26  sovereign power of the state; 
  6.27     (b) The name of the authority, including the words 
  6.28  "regional railroad authority"; 
  6.29     (c) The municipality or municipalities adopting the 
  6.30  organization resolution; 
  6.31     (d) The number of commissioners of the authority, not less 
  6.32  than five; the number to be appointed by the governing body of 
  6.33  each municipality; and the names and addresses of the first 
  6.34  board of commissioners; 
  6.35     (e) The city and county in which the registered office of 
  6.36  the authority is to be situated; 
  7.1      (f) That neither the state of Minnesota, the municipality 
  7.2   or municipalities, nor any other political subdivision is liable 
  7.3   for obligations of the authority; and 
  7.4      (g) Any other provision for regulating the business of the 
  7.5   authority determined by the governing body or bodies adopting 
  7.6   the resolution.  
  7.7      Sec. 5.  [398A.10] [METROPOLITAN REGIONAL RAIL AUTHORITIES 
  7.8   ABOLISHED.] 
  7.9      Subdivision 1.  [AUTHORITIES ABOLISHED.] Regional rail 
  7.10  authorities established under section 398A.03 in the counties of 
  7.11  Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington 
  7.12  are abolished.  All property of an abolished regional rail 
  7.13  authority is transferred to the county originally establishing 
  7.14  the authority. 
  7.15     Subd. 2.  [BONDS.] Bonds and other debt authorized by 
  7.16  section 398A.07 issued by a regional rail authority abolished 
  7.17  under subdivision 1 that are outstanding on the effective date 
  7.18  of this section must be paid and retired according to that 
  7.19  section and the terms of the bonds or other debt instruments.  
  7.20  The auditors of the metropolitan counties shall see to the 
  7.21  administration of this section. 
  7.22     Sec. 6.  Minnesota Statutes 2002, section 473.399, 
  7.23  subdivision 1, is amended to read: 
  7.24     Subdivision 1.  [GENERAL REQUIREMENTS.] (a) The council 
  7.25  shall adopt a plan to ensure that light rail transit facilities 
  7.26  in the metropolitan area will be acquired, developed, owned, and 
  7.27  capable of operation in an efficient, cost-effective, and 
  7.28  coordinated manner in coordination with buses and other 
  7.29  transportation modes and facilities.  The plan may be developed 
  7.30  and adopted in phases corresponding to phasing of construction 
  7.31  of light rail.  The council may incorporate into its plan 
  7.32  appropriate elements of the plans of regional railroad 
  7.33  authorities in order to avoid duplication of effort. 
  7.34     (b) The light rail transit plan or first phase of the plan 
  7.35  required by this section must be adopted by the council before 
  7.36  the commissioner of transportation may begin construction of 
  8.1   light rail transit facilities.  Following adoption of the plan, 
  8.2   the county and the commissioner of transportation shall act in 
  8.3   conformity with the plan.  The commissioner shall prepare or 
  8.4   amend the final design plans as necessary to make the plans 
  8.5   consistent with the light rail transit plan. 
  8.6      (c) Throughout the development and implementation of the 
  8.7   plan, the council shall contract for or otherwise obtain 
  8.8   engineering services to assure that the plan adequately 
  8.9   addresses the technical aspects of light rail transit. 
  8.10     Sec. 7.  Minnesota Statutes 2002, section 473.3994, 
  8.11  subdivision 2, is amended to read: 
  8.12     Subd. 2.  [PRELIMINARY DESIGN PLANS; PUBLIC HEARING.] 
  8.13  Before final design plans are prepared for a light rail transit 
  8.14  facility, the commissioner of transportation and the regional 
  8.15  railroad authority or authorities in whose jurisdiction the line 
  8.16  or lines are located must hold a public hearing on the physical 
  8.17  design component of the preliminary design plans.  The 
  8.18  commissioner of transportation and the regional railroad 
  8.19  authority or authorities in whose jurisdiction the line or lines 
  8.20  are located must provide appropriate public notice of the 
  8.21  hearing and publicity to ensure that affected parties have an 
  8.22  opportunity to present their views at the hearing.  The 
  8.23  commissioner shall summarize the proceedings and testimony and 
  8.24  maintain the record of a hearing held under this section, 
  8.25  including any written statements submitted. 
  8.26     Sec. 8.  Minnesota Statutes 2002, section 473.3997, is 
  8.27  amended to read: 
  8.28     473.3997 [FEDERAL FUNDING; LIGHT RAIL TRANSIT.] 
  8.29     (a) Upon completion of the alternatives analysis and draft 
  8.30  environmental impact statement for the central corridor transit 
  8.31  improvement project, the council, and the commissioner of 
  8.32  transportation, and the affected regional rail authorities may 
  8.33  prepare a joint application for federal assistance for light 
  8.34  rail transit facilities in the metropolitan area.  The 
  8.35  application must be reviewed and approved by the metropolitan 
  8.36  council before it is submitted by the council and the 
  9.1   commissioner.  In reviewing the application the council must 
  9.2   consider the information submitted to it under section 473.3994, 
  9.3   subdivision 9.  
  9.4      (b) Until the application described in paragraph (a) is 
  9.5   submitted, no political subdivision in the metropolitan area may 
  9.6   on its own apply for federal assistance for light rail transit 
  9.7   planning or construction. 
  9.8      Sec. 9.  [APPLICABILITY.] 
  9.9      This act applies in the counties of Anoka, Carver, Dakota, 
  9.10  Hennepin, Ramsey, Scott, and Washington. 
  9.11     Sec. 10.  [EFFECTIVE DATE.] 
  9.12     Sections 1 to 9 are effective July 1, 2003.