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SF 694

as introduced - 89th Legislature (2015 - 2016) Posted on 04/29/2015 08:33am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to local government; modifying provisions governing the Saint Paul
Port Authority; amending Minnesota Statutes 2014, sections 469.049; 469.050,
subdivision 4; 469.084, subdivisions 3, 4, 8, 9, 10, 14; repealing Minnesota
Statutes 2014, section 469.084, subdivisions 11, 12.

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

Section 1.

Minnesota Statutes 2014, section 469.049, is amended to read:


469.049 ESTABLISHMENT; CHARACTERISTICS.

Subdivision 1.

Saint Paul, Duluth; establishment.

The Port Authority of Saint
Paul and the seaway port authority of Duluth are established. The Seaway Port Authority
of Duluth may also be known as the Duluth Seaway Port Authority.new text begin The Port Authority of
Saint Paul may also be known as the Saint Paul Port Authority, and the Saint Paul Port
Authority may file one or more certificates of assumed name with the secretary of state, as
provided in sections 333.01 to 333.065.
new text end

Subd. 2.

Public body characteristics.

A port authority is a body politic and
corporate with the right to sue and be sued in its own name.

A port authority is a governmental subdivision under section 282.01new text begin and a political
subdivision
new text end
.

A port authority carries out an essential governmental function of the state when it
exercises its power, but the authority is not immune from liability because of this.

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

new text begin This section is effective the day
following timely compliance of the governing body of the Port Authority of Saint Paul, and
its chief clerical officer, with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 2.

Minnesota Statutes 2014, section 469.050, subdivision 4, is amended to read:


Subd. 4.

Term, vacancies.

new text begin(a) new text endThe first commissioners of a three-member
commission are appointed for initial terms as follows: one for two years; one for four
years; and one for six years. The first commissioners of a seven-member commission are
appointed for initial terms as follows: one member for a term of one, two, three, four, and
five years, respectively, and two members for terms of six years. For subsequent terms,
the term is six years. A vacancy is created in Saint Paul when a city council member of the
authority ends council membership and in Duluth when a county board member of the
authority ends county board membership. A vacancy on any port authority must be filled
by the appointing authority for the balance of the term subject to the same approval and
consent, if any, required for an appointment for a full term. For Duluth, if the governor
or the county board fails to make a required appointment within 60 days after a vacancy
occurs, the city council has sole power to appoint a successor.

new text begin (b) The term of each commissioner of the Saint Paul Port Authority begins August 1
of the year in which the commissioner is appointed and ends July 31 of the sixth year.
Notwithstanding the end of a term of appointment, a commissioner shall serve until
reappointed or a new commissioner has been appointed and taken office.
new text end

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

new text begin This section is effective the day
following timely compliance of the governing body of the Port Authority of Saint Paul, and
its chief clerical officer, with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 3.

Minnesota Statutes 2014, section 469.084, subdivision 3, is amended to read:


Subd. 3.

Consent for city land.

The port authority must not take lands owned,
controlled, or used by the city of St. Paul without consent of the city councilnew text begin, or owned,
controlled, or used by Ramsey County without consent of the county board
new text end.

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

new text begin This section is effective the day
following timely compliance of the governing body of the Port Authority of Saint Paul, and
its chief clerical officer, with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 4.

Minnesota Statutes 2014, section 469.084, subdivision 4, is amended to read:


Subd. 4.

Port jurisdiction.

For all other recreation purposes the port authority has
jurisdiction over the use of all the navigable rivers or lakes and all the parks and recreation
facilities abutting the rivers and lakesnew text begin within its port districtnew text end.

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

new text begin This section is effective the day
following timely compliance of the governing body of the Port Authority of Saint Paul, and
its chief clerical officer, with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 5.

Minnesota Statutes 2014, section 469.084, subdivision 8, is amended to read:


Subd. 8.

Relation to industrial development provisions.

Notwithstanding any
law to the contrary, the port authority deleted text beginof the city of St. Pauldeleted text end, under sections 469.048 to
469.068 and this section, may do what a redevelopment agency may do or must do under
sections 469.152 to 469.165 to further any of the purposes of sections 469.048 to 469.068
and subdivisions 1 to 8. The port authority may use its powers and duties under sections
469.048 to 469.068 and subdivisions 1 to 8 to further the purposes of sections 469.152
to 469.165. The powers and duties in subdivisions 1 to 8 are in addition to the powers
and duties of the port authority under sections 469.048 to 469.068, and under sections
469.152 to 469.165. The port authority may use its powers for industrial development or
to establish industrial development districts. If the term "industrial" is used in relation to
industrial development purposes under sections 469.048 to 469.068, the term includes
"economic" and "economic development."new text begin The port authority may work with and provide
services to any federal or state agency, county, city, or other governmental unit or agency
with the written consent of that agency or governmental unit.
new text end

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

new text begin This section is effective the day
following timely compliance of the governing body of the Port Authority of Saint Paul, and
its chief clerical officer, with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 6.

Minnesota Statutes 2014, section 469.084, subdivision 9, is amended to read:


Subd. 9.

May join in supplying small business capital.

Notwithstanding any
contrary law, the port authority deleted text beginof the city of St. Pauldeleted text end may participate with public or
private corporations or other entities, whose purpose is to provide venture capital to small
businesses that have facilities located or to be located in the port district. For that purpose
the port authority may use not more than ten percent of available annual net income
or $400,000 annually, whichever is less, to acquire or invest in securities of, and enter
into financing arrangements and related agreements with, the corporations or entities.
The participation by the port authority must not exceed in any year 25 percent of the
total amount of funds provided for venture capital purposes by all of the participants.
The corporation or entity shall report in writing each month to the commissioners of the
port authority all investment and other action taken by it since the last report. Funds
contributed to the corporation or entity must be invested pro rata with each contributor of
capital taking proportional risks on each investment. As used in this subdivision, the term
"small business" has the meaning given it in section 645.445, subdivision 2.

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

new text begin This section is effective the day
following timely compliance of the governing body of the Port Authority of Saint Paul, and
its chief clerical officer, with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 7.

Minnesota Statutes 2014, section 469.084, subdivision 10, is amended to read:


Subd. 10.

Recreation facilities on Mississippi River.

The port authority deleted text beginof the
city of Saint Paul
deleted text end has jurisdiction over the use of the Mississippi River for recreation
purposes within its port district and may acquire and may spend port authority money for
lands abutting the river within the port district to construct, operate directly, by lease or
otherwise, and maintain recreation facilities. The authority shall establish rules on the
use of the river and abutting lands, either individually, or in cooperation with the federal
government or its agencies, new text beginRamsey County, new text endthe city of Saint Paul, the state, or a state
agency, or political subdivision.

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

new text begin This section is effective the day
following timely compliance of the governing body of the Port Authority of Saint Paul, and
its chief clerical officer, with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 8.

Minnesota Statutes 2014, section 469.084, subdivision 14, is amended to read:


Subd. 14.

Bond for treasurer and assistant treasurer.

The treasurer and assistant
treasurer of the port authority deleted text beginof the city of Saint Pauldeleted text end shall give bond to the state in sums
not to exceed $25,000 and $10,000 respectively. The bonds must be conditioned for the
faithful discharge of their duties. The bonds must be approved as to both form and surety
by the port authority and must be filed with its secretary. The amount of the bonds must be
set at least annually by the port authority.

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

new text begin This section is effective the day
following timely compliance of the governing body of the Port Authority of Saint Paul, and
its chief clerical officer, with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 469.084, subdivisions 11 and 12, new text end new text begin are repealed.
new text end