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SF 889

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to Scott and Carver counties; amending Laws 
  1.3             1974, chapter 473; Laws 1980, chapter 482. 
  1.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.5      Section 1.  Laws 1974, chapter 473, is amended to read: 
  1.6      Section 1.  [SCOTT COUNTY; HOUSING AND REDEVELOPMENT 
  1.7   AUTHORITY.] 
  1.8      There is hereby created in Scott county a public body 
  1.9   corporate and politic, to be known as the Scott county housing 
  1.10  and redevelopment authority, having all of the powers and duties 
  1.11  of a housing and redevelopment authority under the provisions of 
  1.12  the municipal housing and redevelopment act, Minnesota Statutes, 
  1.13  sections 462.411 to 462.711, and acts amendatory thereof; which 
  1.14  act applies to the county of Scott 469.001 to 469.047, and 
  1.15  having those powers of an economic development authority under 
  1.16  the provisions of Minnesota Statutes, sections 469.090 to 
  1.17  469.180 as are granted to it by Scott county as provided below.  
  1.18  For the purposes of applying the provisions of the municipal 
  1.19  housing and redevelopment act Minnesota Statutes, sections 
  1.20  469.001 to 469.047 and 469.090 to 469.180, to Scott county, the 
  1.21  county has all the powers and duties of a municipality, the 
  1.22  county board has all of the powers and duties of a governing 
  1.23  body, the chairman of the county board has all of the powers and 
  1.24  duties of a mayor, and the area of operation includes the area 
  2.1   within the territorial boundaries of the county. 
  2.2      Sec. 2.  [APPLICATION.] 
  2.3      Subdivision 1.  This act shall not limit or restrict any 
  2.4   existing housing and redevelopment authority or prevent a 
  2.5   municipality from creating an authority.  The county shall not 
  2.6   exercise jurisdiction in any municipality where a municipal 
  2.7   housing and redevelopment authority is established. 
  2.8      Subd. 2.  A municipal housing and redevelopment authority 
  2.9   may request the Scott county housing and redevelopment authority 
  2.10  to handle the housing duties of the authority and, in such an 
  2.11  event, the Scott county housing and redevelopment authority 
  2.12  shall act and have exclusive jurisdiction for housing in the 
  2.13  municipality pursuant to the provisions of the municipal housing 
  2.14  and redevelopment act, Minnesota Statutes, sections 462.411 to 
  2.15  462.711, and acts amendatory thereof 469.001 to 469.047.  A 
  2.16  transfer of duties relating to housing shall not transfer any 
  2.17  duties relating to redevelopment. 
  2.18     Sec. 3.  [MUNICIPAL APPROVAL.] 
  2.19     If any housing or redevelopment project is undertaken in 
  2.20  Scott county pursuant to this authorization, and such project is 
  2.21  within the boundaries of any incorporated village, city or 
  2.22  township, the location of such project shall be approved by the 
  2.23  governing body of such village, city or township. 
  2.24     Sec. 4.  [ECONOMIC DEVELOPMENT AUTHORITY POWERS.] 
  2.25     The Scott county housing and redevelopment authority may 
  2.26  exercise any of the powers of an economic development authority 
  2.27  (EDA) granted to it by resolution by the Scott county board of 
  2.28  commissioners, except for the authority to levy the tax 
  2.29  described in Minnesota Statutes, section 469.107.  With the 
  2.30  prior approval of the Scott county board the authority may 
  2.31  increase its levy of the special tax described in Minnesota 
  2.32  Statutes, section 469.033, subdivision 6, to an amount not 
  2.33  exceeding 0.01813 percent of taxable market value, or any higher 
  2.34  limit from time to time authorized under Minnesota Statutes, 
  2.35  section 469.107 or 469.033, subdivision 6. 
  2.36     Sec. 5.  [EXEMPTION FROM SALES TAX AND CHARGES.] 
  3.1      Notwithstanding any other law, the Scott county housing and 
  3.2   redevelopment authority is exempt from payment of sales tax on 
  3.3   purchases of construction materials and equipment in connection 
  3.4   with the development of housing development projects that are 
  3.5   intended for occupancy by persons and families with incomes at 
  3.6   levels required for projects receiving low-income housing tax 
  3.7   credits or which constitute a qualified housing development 
  3.8   project. 
  3.9      Sec. 6.  [OFFERS OF TAX-FORFEITED LANDS.] 
  3.10     Notwithstanding any other law, Scott county may offer to 
  3.11  the Scott county housing and redevelopment authority, under the 
  3.12  conditions and policies established by the county, 
  3.13  nonconservation tax-forfeited land prior to making the 
  3.14  properties available to cities in Scott county. 
  3.15     Sec. 4. Sec. 7.  [EFFECTIVE DATE; LOCAL APPROVAL.] 
  3.16     This act takes effect when approved by a majority of the 
  3.17  board of county commissioners of Scott county and upon 
  3.18  compliance with Minnesota Statutes, Section 645.021 This act is 
  3.19  effective the day after the governing body of Scott county and 
  3.20  its chief clerical officer timely complete their compliance with 
  3.21  Minnesota Statutes, section 645.021, subdivisions 2 and 3. 
  3.22     Sec. 2.  Laws 1980, chapter 482, is amended to read: 
  3.23     Section 1.  [CARVER COUNTY; HOUSING AND REDEVELOPMENT.] 
  3.24  Subdivision 1.  There is created in the county of Carver a 
  3.25  public body corporate and politic, to be known as the Carver 
  3.26  county housing and redevelopment authority, having all of the 
  3.27  powers and duties of a housing and redevelopment authority under 
  3.28  the provisions of the municipal housing and redevelopment act, 
  3.29  Minnesota Statutes, Section 462.411 to 462.711 sections 469.001 
  3.30  to 469.047, and having those powers of an economic development 
  3.31  authority under the provisions of Minnesota Statutes, sections 
  3.32  469.090 to 469.1082, as are granted to it by Carver county as 
  3.33  provided in sections 2 to 5.  For the purposes of applying the 
  3.34  provisions of the municipal housing and redevelopment 
  3.35  act Minnesota Statutes, sections 469.001 to 469.047 and 469.090 
  3.36  to 469.1082, to Carver county, the county has all of the powers 
  4.1   and duties of a municipality, the county board has all of the 
  4.2   powers and duties of a governing body, the chairman of the 
  4.3   county board has all of the powers and duties of a mayor, and 
  4.4   the area of operation includes the area within the territorial 
  4.5   boundaries of the county.  
  4.6      Subd. 2.  This section shall not limit or restrict any 
  4.7   existing housing and redevelopment authority or prevent a 
  4.8   municipality from creating an authority.  The county shall not 
  4.9   exercise jurisdiction in any municipality where a municipal 
  4.10  housing and redevelopment authority is established.  If a 
  4.11  municipal housing and redevelopment authority requests the 
  4.12  Carver county housing and redevelopment authority to handle the 
  4.13  housing duties of the municipal authority, the Carver county 
  4.14  housing and redevelopment authority shall act and have exclusive 
  4.15  jurisdiction for housing in the municipality.  A transfer of 
  4.16  duties relating to housing shall not transfer any duties 
  4.17  relating to redevelopment.  
  4.18     Sec. 2.  [ECONOMIC DEVELOPMENT AUTHORITY POWERS.] 
  4.19     The Carver county housing and redevelopment authority may 
  4.20  exercise any of the powers of an economic development authority 
  4.21  granted to it by resolution by the Carver county board of 
  4.22  commissioners, except for the authority to levy the tax 
  4.23  described in Minnesota Statutes, section 469.107.  With the 
  4.24  prior approval of the Carver county board, the authority may 
  4.25  increase its levy of the special tax described in Minnesota 
  4.26  Statutes, section 469.033, subdivision 6, to an amount not 
  4.27  exceeding 0.01813 percent of taxable market value, or any higher 
  4.28  limit from time to time, authorized under Minnesota Statutes, 
  4.29  section 469.107 or 469.033, subdivision 6. 
  4.30     Sec. 3.  [EXEMPTION FROM SALES TAX AND CHARGES.] 
  4.31     Notwithstanding any other law, the Carver county housing 
  4.32  and redevelopment authority is exempt from payment of sales tax 
  4.33  on purchases of construction materials and equipment in 
  4.34  connection with the development of housing development projects 
  4.35  that are intended for occupancy by persons and families with 
  4.36  incomes at levels required for projects receiving low-income 
  5.1   housing tax credits or which constitute a qualified housing 
  5.2   development project.  
  5.3      Sec. 4.  [OFFERS OF TAX-FORFEITED LANDS.] 
  5.4      Notwithstanding any other law, Carver county may offer to 
  5.5   the Carver county housing and redevelopment authority, under the 
  5.6   conditions and policies established by the county, 
  5.7   nonconservation tax-forfeited land prior to making the 
  5.8   properties available to cities in Carver county. 
  5.9      Sec. 2.  Sec. 5.  [LOCAL APPROVAL.] Before a housing or 
  5.10  redevelopment project of the Carver county housing and 
  5.11  redevelopment authority is undertaken, the project shall be 
  5.12  approved by the local governing body with jurisdiction over all 
  5.13  or any part of the area in which the proposed project is located.
  5.14     Sec. 3.  Sec. 6.  [EFFECTIVE DATE; LOCAL APPROVAL.] This 
  5.15  act is effective upon takes effect the day of compliance after 
  5.16  the governing body of Carver county complies with Minnesota 
  5.17  Statutes, Section 645.021, Subdivision 3 subdivisions 2 and 3.