SF 829

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to metropolitan government; eliminating 
  1.3             certain reporting requirements; providing for a parks 
  1.4             division committee on the metropolitan council; 
  1.5             providing for the direct charging by the metropolitan 
  1.6             council of industrial dischargers for certain 
  1.7             wastewater treatment user fees; removing an obsolete 
  1.8             requirement for metropolitan school districts to 
  1.9             submit capital improvement plans to the metropolitan 
  1.10            council for review; providing a redistricting plan for 
  1.11            the metropolitan council; amending Minnesota Statutes 
  1.12            2002, sections 473.123, subdivision 4; 473.13, 
  1.13            subdivision 1; 473.517, by adding a subdivision; 
  1.14            repealing Minnesota Statutes 2002, sections 473.121, 
  1.15            subdivision 12; 473.1623; 473.301, subdivision 4; 
  1.16            473.303; 473.704, subdivision 19; 473.863. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2002, section 473.123, 
  1.19  subdivision 4, is amended to read: 
  1.20     Subd. 4.  [CHAIR; APPOINTMENT, OFFICERS, SELECTION; DUTIES 
  1.21  AND COMPENSATION.] (a) The chair of the metropolitan council 
  1.22  shall be appointed by the governor as the 17th voting member 
  1.23  thereof by and with the advice and consent of the senate to 
  1.24  serve at the pleasure of the governor to represent the 
  1.25  metropolitan area at large.  Senate confirmation shall be as 
  1.26  provided by section 15.066.  
  1.27     The chair of the metropolitan council shall, if present, 
  1.28  preside at meetings of the council, have the primary 
  1.29  responsibility for meeting with local elected officials, serve 
  1.30  as the principal legislative liaison, present to the governor 
  1.31  and the legislature, after council approval, the council's plans 
  2.1   for regional governance and operations, serve as the principal 
  2.2   spokesperson of the council, and perform other duties assigned 
  2.3   by the council or by law. 
  2.4      (b) The metropolitan council shall elect other officers as 
  2.5   it deems necessary for the conduct of its affairs for a one-year 
  2.6   term.  A secretary and treasurer need not be members of the 
  2.7   metropolitan council.  Meeting times and places shall be fixed 
  2.8   by the metropolitan council and special meetings may be called 
  2.9   by a majority of the members of the metropolitan council or by 
  2.10  the chair.  The chair and each metropolitan council member shall 
  2.11  be reimbursed for actual and necessary expenses.  The annual 
  2.12  budget of the council shall provide as a separate account 
  2.13  anticipated expenditures for compensation, travel, and 
  2.14  associated expenses for the chair and members, and compensation 
  2.15  or reimbursement shall be made to the chair and members only 
  2.16  when budgeted. 
  2.17     (c) Each member of the council shall attend and participate 
  2.18  in council meetings and meet regularly with local elected 
  2.19  officials and legislative members from the council member's 
  2.20  district.  Each council member shall serve on at least one 
  2.21  division committee for transportation, environment, parks, or 
  2.22  community development. 
  2.23     (d) In the performance of its duties the metropolitan 
  2.24  council may adopt policies and procedures governing its 
  2.25  operation, establish committees, and, when specifically 
  2.26  authorized by law, make appointments to other governmental 
  2.27  agencies and districts. 
  2.28     Sec. 2.  Minnesota Statutes 2002, section 473.13, 
  2.29  subdivision 1, is amended to read: 
  2.30     Subdivision 1.  [BUDGET.] (a) On or before December 20 of 
  2.31  each year the council, after the public hearing required in 
  2.32  section 275.065, shall adopt a final budget covering its 
  2.33  anticipated receipts and disbursements for the ensuing year and 
  2.34  shall decide upon the total amount necessary to be raised from 
  2.35  ad valorem tax levies to meet its budget.  The budget shall 
  2.36  state in detail the expenditures for each program to be 
  3.1   undertaken, including the expenses for salaries, consultant 
  3.2   services, overhead, travel, printing, and other items.  The 
  3.3   budget shall state in detail the capital expenditures of the 
  3.4   council for the budget year, based on a five-year capital 
  3.5   program adopted by the council and transmitted to the 
  3.6   legislature.  After adoption of the budget and no later than 
  3.7   five working days after December 20, the council shall certify 
  3.8   to the auditor of each metropolitan county the share of the tax 
  3.9   to be levied within that county, which must be an amount bearing 
  3.10  the same proportion to the total levy agreed on by the council 
  3.11  as the net tax capacity of the county bears to the net tax 
  3.12  capacity of the metropolitan area.  The maximum amount of any 
  3.13  levy made for the purpose of this chapter may not exceed the 
  3.14  limits set by the statute authorizing the levy. 
  3.15     (b) Each even-numbered year the council shall prepare for 
  3.16  its transit programs a financial plan for the succeeding three 
  3.17  calendar years, in half-year segments.  The financial plan must 
  3.18  contain the elements specified in section 473.1623, subdivision 
  3.19  3.  The financial plan must contain schedules of user charges 
  3.20  and any changes in user charges planned or anticipated by the 
  3.21  council during the period of the plan.  The financial plan must 
  3.22  contain a proposed request for state financial assistance for 
  3.23  the succeeding biennium. 
  3.24     (c) In addition, the budget must show for each year: 
  3.25     (1) the estimated operating revenues from all sources 
  3.26  including funds on hand at the beginning of the year, and 
  3.27  estimated expenditures for costs of operation, administration, 
  3.28  maintenance, and debt service; 
  3.29     (2) capital improvement funds estimated to be on hand at 
  3.30  the beginning of the year and estimated to be received during 
  3.31  the year from all sources and estimated cost of capital 
  3.32  improvements to be paid out or expended during the year, all in 
  3.33  such detail and form as the council may prescribe; and 
  3.34     (3) the estimated source and use of pass-through funds. 
  3.35     Sec. 3.  Minnesota Statutes 2002, section 473.517, is 
  3.36  amended by adding a subdivision to read: 
  4.1      Subd. 10.  [DIRECT CHARGING OF INDUSTRIAL USERS.] (a) The 
  4.2   term "industrial discharger" for the purposes of this 
  4.3   subdivision means a recipient of wastewater treatment services 
  4.4   that is required by council rules or procedures to have a permit 
  4.5   issued by the council in order to discharge sewage to the 
  4.6   metropolitan disposal system. 
  4.7      (b) The council may directly impose on all or any category 
  4.8   of industrial dischargers all or any portion of the costs that 
  4.9   would otherwise be allocated among and paid by local government 
  4.10  units under subdivision 1.  Any amounts imposed directly on 
  4.11  industrial dischargers by the council under this subdivision 
  4.12  must be deducted from the amounts to be allocated among and paid 
  4.13  by local government units under subdivision 1, and any charges 
  4.14  imposed by a local government unit for the same purpose are of 
  4.15  no further force and effect from and after the effective date of 
  4.16  the council's direct charges.  Charges imposed under this 
  4.17  subdivision are in addition to any other charges imposed on 
  4.18  industrial dischargers by a local government unit and must be 
  4.19  paid by the industrial discharger at such intervals as may be 
  4.20  established by the council.  The council may impose interest 
  4.21  charges upon delinquent payments. 
  4.22     (c) Charges by the council to industrial dischargers under 
  4.23  this subdivision including any interest charges, as well as any 
  4.24  other charges or related fees owed by the industrial discharger 
  4.25  pursuant to a discharge permit issued by the council for the 
  4.26  subject property, are a charge jointly and severally against the 
  4.27  owners, lessees, and occupants of the property served.  The 
  4.28  council may certify such unpaid amounts to the appropriate 
  4.29  county auditor as a tax for collection as other taxes are 
  4.30  collected on the property served.  The proceeds of any tax 
  4.31  collected pursuant to the council's certification must be paid 
  4.32  by the county treasurer to the council when collected.  
  4.33  Certification does not preclude the council from recovery of 
  4.34  delinquent amounts and interest under any other available remedy.
  4.35     Sec. 4.  [METROPOLITAN COUNCIL REDISTRICTING PLAN.] 
  4.36     Metropolitan council redistricting plan MC03, on file with 
  5.1   the geographical information systems office of the legislative 
  5.2   coordinating commission and published on its Web site on May 13, 
  5.3   2003, is adopted as the metropolitan council redistricting plan. 
  5.4      Sec. 5.  [APPLICATION.] 
  5.5      Sections 1 to 4 apply in the counties of Anoka, Carver, 
  5.6   Dakota, Hennepin, Ramsey, Scott, and Washington. 
  5.7      Sec. 6.  [REPEALER.] 
  5.8      Minnesota Statutes 2002, sections 473.121, subdivision 12; 
  5.9   473.1623; 473.301, subdivision 4; 473.303; 473.704, subdivision 
  5.10  19; and 473.863, are repealed. 
  5.11     Sec. 7.  [EFFECTIVE DATE.] 
  5.12     This act is effective the day following its final enactment.