Minnesota Legislature
SF 1840
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:23am
Current Version - as introduced
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A bill for an act
relating to waters; requiring watershed districts to submit information to counties;
requiring county approval of levies and fees; amending Minnesota Statutes 2008,
sections 103D.351; 103D.911, subdivision 2; 103D.915, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 103D.351, is amended to read:
103D.351 ANNUAL REPORT.
(a) The managers must prepare a yearly report of the financial conditions of the
watershed district, the status of all projects, the business transacted by the watershed
district, other matters affecting the interests of the watershed district, and a discussion of
the managers' plans for the succeeding year.
(b) Copies of the report must be transmitted to the Board of Water and Soil
Resources, the commissioner, deleted text begin anddeleted text end the directornew text begin , and the county board of each county in
the watershednew text end within a reasonable time.
Sec. 2.
Minnesota Statutes 2008, section 103D.911, subdivision 2, is amended to read:
Subd. 2.
Adoptionnew text begin ; approval of countynew text end .
new text begin (a) new text end On or before deleted text begin September 15deleted text end new text begin August
15 new text end of each year, the managers shall adopt a budget for the next year deleted text begin anddeleted text end new text begin ,new text end decide on new text begin a
revenue plan, which includes new text end the total amount necessary to be raised from ad valorem tax
leviesnew text begin , fees, or other assessmentsnew text end to meet the watershed district's budgetnew text begin , and submit a
copy of the budget and revenue plan to the county board of each county in the watershed
district for reviewnew text end .
new text begin
(b) The county board of each county in the watershed district must approve the
watershed district's revenue plan. When a watershed district is located in more than one
county, the following process for granting approval of a revenue plan applies:
new text end
new text begin
(1) when there is an odd number of counties, a majority of the counties must
approve, with each county having a vote as determined under paragraph (c); or
new text end
new text begin
(2) when there is an even number of counties, a majority of the county board
members from all of the counties must approve, with each county board member having a
vote as determined under paragraph (c).
new text end
new text begin
(c) When a county is located entirely within a watershed district, the county or board
member shall get a vote equal to one. When a portion of the county is located within a
watershed district, the county or board member shall get a vote equal to .75, .5, or .25, to
be determined by the Board of Water and Soil Resources based upon the percentage of the
county's land within the watershed district.
new text end
new text begin
(d) Failure of a county to approve or disapprove the revenue plan in writing within
30 days of receiving the plan is deemed to be approval.
new text end
Sec. 3.
Minnesota Statutes 2008, section 103D.915, subdivision 1, is amended to read:
Subdivision 1.
Certification to auditor.
After adoption of the budgetnew text begin and approval
of the revenue plan by the county,new text end and no later than September 15, the secretary of the
watershed district shall certify to the auditor of each county within the watershed district
the county's share of the tax, which shall be an amount bearing the same proportion to
the total levy as the net tax capacity of the area of the county within the watershed bears
to the net tax capacity of the entire watershed district. The maximum amount of a levy
may not exceed the amount provided in section 103D.905.