Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987
CHAPTER 278-H.F.No. 1043
An act relating to metropolitan government; providing
for qualifications of commission members, budget
criteria, plans, and reports; clarifying purposes of
regional transit board; requiring regional transit
board to contract for route planning and scheduling
services; requiring the regional transit board to
adopt standards for competitive bidding after a public
hearing; regulating participation in a transportation
program; providing conditions for incurrence of debt
for certain purposes; providing conditions for the use
of federal funds; removing fare restrictions; amending
Minnesota Statutes 1986, sections 473.141, subdivision
2, and by adding a subdivision; 473.161, subdivision
1c; 473.1623, subdivisions 2, 4, and 5, and by adding
a subdivision; 473.303, by adding a subdivision;
473.373, by adding a subdivision; 473.377, subdivision
1, and by adding subdivisions; 473.38, subdivision 2;
473.388, subdivision 2; 473.39, subdivisions 1 and 1a;
473.446, subdivision 1; and 473.604, subdivision 1,
and by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapter 473; repealing Laws
1985, First Special Session chapter 10, section 122.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1986, section 473.141,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP; APPOINTMENTS.] (a) Each agency
consists of eight members, plus a chair appointed as provided in
subdivision 3. The metropolitan council shall appoint the eight
members on a nonpartisan basis after consultation with the
members of the legislature from the district for which the
member is to be appointed. The consultation with legislators in
the affected district must include informing each legislator of
the name, address, and background of each candidate for
appointment and soliciting and reporting to the appointments
committee the recommendation of each legislator on the
appointment.
(b) In addition to the notice required in section 15.0597,
subdivision 4, notice of vacancies and expiration of terms must
be published in newspapers of general circulation in the
metropolitan area and the appropriate districts. The council
shall notify in writing the governing bodies of the statutory
and home rule charter cities, counties, and towns having
territory in the district for which the member is to be
appointed. The notices must describe the appointment process
and invite participation and recommendations on the appointment.
(c) The council shall establish an appointments committee,
composed of members of the council, to screen and review
candidates. Following the submission of member applications to
the metropolitan council as provided under section 15.0597,
subdivision 5, the appointments committee shall conduct public
meetings, following appropriate notice, to accept statements
from or on behalf of persons who have applied or been nominated
for appointment and to allow consultation with and secure the
advice of the public and local elected officials. The committee
shall hold the meeting on each appointment in the district or in
a reasonably convenient and accessible location in the part of
the metropolitan area in which the district is located. The
committee may consolidate meetings. Following the meetings, the
committee shall submit to the council a written report that
lists the persons who have applied or been nominated or
recommended for the position, along with a description of the
background and qualifications of each. In making its
recommendation, the committee specifically shall consider
evidence of the candidate's commitment to regularly communicate
on issues before the agency with metropolitan council members,
legislators and local elected officials in the district, and the
committee shall report its findings on this subject in its
written report to the council.
(d) One member shall be appointed from each of the
following agency districts:
(1) district A, consisting of council districts 1 and 2;
(2) district B, consisting of council districts 3 and 7;
(3) district C, consisting of council districts 4 and 5;
(4) district D, consisting of council districts 6 and 10;
(5) district E, consisting of council districts 8 and 9;
(6) district F, consisting of council districts 11 and 12;
(7) district G, consisting of council districts 13 and 14;
and
(8) district H, consisting of council districts 15 and 16.
Sec. 2. Minnesota Statutes 1986, section 473.141, is
amended by adding a subdivision to read:
Subd. 3a. [MEMBERS; DUTIES.] Each member shall communicate
regularly with metropolitan council members, legislators, and
local government officials in the district the member represents.
Sec. 3. Minnesota Statutes 1986, section 473.161,
subdivision 1c, is amended to read:
Subd. 1c. [SERVICES AND SYSTEMS MANAGEMENT.] The plan must
include a services and systems management component that
describes the levels and costs of services that will be provided
to service areas and populations within the metropolitan area.
The component must describe: (1) service needs, objectives, and
priorities; (2) changes in existing services; (3) deployment of
new services; (4) distribution and coordination of services; (5)
timing, priority, and location, with maps, of service areas,
routes, levels of service, and similar matters, as appropriate
to the type of service; (6) delivery methods and
providers; (6) (7) system management and administration; (7) (8)
costs; (8) (9) manner of finance and revenue sources, including
federal and state funds, private funds, taxes, and user charges;
and (9) (10) fiscal effects.
Sec. 4. Minnesota Statutes 1986, section 473.1623,
subdivision 2, is amended to read:
Subd. 2. [FINANCIAL REPORTING AND MANAGEMENT ADVISORY
COMMITTEE.] A financial reporting and management advisory
committee is created, consisting of the chairs of the council
and the following metropolitan agencies: the waste control
commission, transit board, transit commission, metropolitan
airports commission, and sports facilities commission. The
committee is established to assist and advise the council and
other governing boards in meeting the requirements of this
section. Staff and administrative services for the committee
must be provided by the council and the member agencies. Other
agencies shall make financial information available upon request.
Sec. 5. Minnesota Statutes 1986, section 473.1623,
subdivision 4, is amended to read:
Subd. 4. [FINANCIAL REPORTING; BUDGETING.] (a) The
advisory committee, with the assistance of the state auditor and
the legislative auditor, shall develop uniform or consistent
standards, formats, and procedures for the budgets and financial
reports of the council and all metropolitan agencies. The
council shall report to the legislature from time to time on
progress made by the committee in improving the uniformity and
quality of budgets and financial reports and on legislation that
may be needed for this purpose.
(b) The council and each metropolitan agency shall prepare
a summary budget for agency fiscal year 1988 and each year
thereafter. The advisory committee, with the assistance of the
state auditor and the legislative auditor, shall develop
guidelines and models for the summary budgets. The purpose of
the summary budget is to increase public knowledge and agency
accountability by providing citizens outside of the agency with
a condensed, accessible, and graphic description of the
financial affairs of the agency. The document should contain a
coherent, effectively communicated, understandable statement
of: financial trends and forecasts; budget policies and policy
changes; agency financial assumptions, objectives and plans;
revenue sources and expenditures by program category; personnel
policies, decisions, and allocation; budgetary performance
measures; and similar matters serving the purpose of the
document.
Sec. 6. Minnesota Statutes 1986, section 473.1623,
subdivision 5, is amended to read:
Subd. 5. [ADMINISTRATIVE COORDINATION.] The advisory
committee shall evaluate the benefits, costs, methods, and
effects, including operational effects, of joint or uniform and
coordinated exercise of powers by the council and metropolitan
agencies for appropriate administrative functions. The study
must include at least ongoing managerial reporting, contracts,
purchasing, data processing, and personnel. The council shall
report to the legislature from time to time on the findings and
recommendations of the advisory committee to date by January 1,
1987, and on legal and other impediments to increased
coordination of administrative functions. Before submitting the
report, the council shall request comments on the report from
the affected metropolitan agencies, and the comments must be
submitted along with the report.
Sec. 7. Minnesota Statutes 1986, section 473.1623, is
amended by adding a subdivision to read:
Subd. 6. [PERSONNEL AND ETHICAL PRACTICES; COMMUNICATION.]
By January 1, of each year, the council and each agency
represented on the advisory committee established under this
section shall report to the legislature on the following:
(1) agency personnel practices, including an analysis of
trends, compliance with legal requirements, health care and
other benefits, and salary levels in comparison with relevant
job markets; and
(2) ethical practices requirements for board members and
employees of each agency, including the sources of the
requirements, agency comparisons, and comparison with
requirements for state and local government officers and
employees; and
(3) the activities undertaken by each agency board member
and council member to regularly meet with and communicate with
local officials and legislators in the member's district about
issues before the agency or council.
Sec. 8. [473.166] [METROPOLITAN TRANSIT PLANNING PROCESS.]
By January 15, 1988, the council shall report to the
legislature a recommended process for coordinating the planning
and development of transit by regional railroad authorities.
Sec. 9. [473.247] [METROPOLITAN AGENCIES; PUBLIC
INFORMATION.]
The council shall publish a consolidated metropolitan
bulletin or register containing official notices, meeting and
hearing schedules, notices of adopted ordinances, rules,
policies, and similar matters for the council and all
metropolitan agencies. Metropolitan agencies shall cooperate
with the council in providing timely information for publication.
Sec. 10. Minnesota Statutes 1986, section 473.303, is
amended by adding a subdivision to read:
Subd. 3a. [MEMBERS; DUTIES.] Members have the duties
imposed by section 2.
Sec. 11. Minnesota Statutes 1986, section 473.373, is
amended by adding a subdivision to read:
Subd. 1a. [PURPOSE.] (a) The purposes of the board are:
(1) to foster effective delivery of existing transit
services and encourage innovation in transit service;
(2) to prepare implementation and financial plans for the
metropolitan transit system;
(3) to set policies and standards for implementing the
transit policies and programs of the state and the transit
policies of the metropolitan council in the metropolitan area;
(4) to conduct transit research and evaluation; and
(5) to administer state and metropolitan transit subsidies.
(b) The board shall arrange with others for the delivery
and provision of transit services and facilities. The board
shall avoid, to the greatest extent possible, direct operational
planning, administration, and management of specific transit
services and facilities.
Sec. 12. Minnesota Statutes 1986, section 473.377,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] The transit board shall
prepare, submit to the council, and adopt an implementation plan
as provided in section 473.161. The services and systems
management component of the board's plan must include a
description of the special transportation service provided under
section 473.386. The board shall prepare an implementation plan
meeting the requirements of this section and submit the plan to
the council by August 1, 1986, and thereafter at a time
prescribed by the council.
Sec. 13. Minnesota Statutes 1986, section 473.377, is
amended by adding a subdivision to read:
Subd. 4. [FARE POLICY.] The plan must contain a statement
of the policies that will govern the imposition of user charges
for various types of transit service and the policies that will
govern decisions by the board to change fare policy.
Sec. 14. Minnesota Statutes 1986, section 473.377, is
amended by adding a subdivision to read:
Subd. 5. [LOCAL REVIEW AND COMMENT.] At least 30 days
before holding the hearing required on the implementation plan
or revision, the board shall submit copies of the plan or a
summary of the plan to the chief administrative officer of each
statutory and home rule charter city, town, and county in the
metropolitan area, along with notice of the hearing and an
invitation to testify and submit comments.
Sec. 15. Minnesota Statutes 1986, section 473.38,
subdivision 2, is amended to read:
Subd. 2. [FINANCIAL PLAN; COUNCIL APPROVAL.] Along with
its annual budget, each even-numbered year the board shall
prepare a financial plan for the succeeding three calendar
years, in half-year segments. The financial plan must be
consistent with the board's implementation plan and must contain
the elements specified in section 473.1623, subdivision 3. The
financial plan must contain schedules of user charges and any
changes in user charges planned or anticipated by the board
during the period of the plan. The financial plan must contain
a proposed request for state financial assistance for the
succeeding biennium. The board shall submit the financial plan
to the council for review and approval or disapproval. The
council may approve or disapprove in whole or in part. The
council may disapprove only for inconsistency with the policy
plan of the council.
Sec. 16. Minnesota Statutes 1986, section 473.388,
subdivision 2, is amended to read:
Subd. 2. [REPLACEMENT SERVICE; ELIGIBILITY.] The transit
board may provide assistance under the program to a statutory or
home rule charter city or town or combination thereof, that:
(a) is located in the metropolitan transit taxing district;
(b) is not served by the transit commission or is served
only with transit commission bus routes which begin or end
within the applying city or town or combination thereof; and
(c) has fewer than four scheduled runs of metropolitan
transit commission bus service during off-peak hours defined in
section 473.408, subdivision 1.
Eligible cities or towns or combinations thereof may apply
on behalf of a transit operator with whom they propose to
contract for service.
The board may not provide assistance under this section to
a statutory or home rule charter city or town unless the city or
town,
(i) was receiving assistance under Minnesota Statutes 1982,
section 174.265 or by July 1, 1984,
(ii) had submitted an application for assistance under that
section by July 1, 1984, or
(iii) had submitted a letter of intent to apply for
assistance under that section by July 1, 1984, and submits an
application for assistance under this section by July 1, 1988.
A statutory or home rule charter city or town has an additional
twelve month extension if it has notified the board before July
1, 1988, that the city or town is in the process of completing a
transportation evaluation study that includes an assessment of
the local transit needs of the city or town.
Sec. 17. Minnesota Statutes 1986, section 473.39,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL AUTHORITY.] The council, if
requested by vote of at least two-thirds of all of the members
of the transit board, may issue general obligation bonds subject
to the volume limitation in subdivision 1a to provide funds to
the board for expenditure to implement the board's approved
implementation plan and may issue general obligation bonds not
subject to the volume limitation set forth in subdivision 1a for
the refunding of outstanding bonds, or certificates of
indebtedness of the council, the board or the commission, and
judgments against the board or the commission. The council may
not unreasonably withhold the issuance of obligations for an
implementation plan that has been approved by the council. The
council may not issue obligations pursuant to this subdivision,
other than refunding bonds, in excess of the amount specifically
authorized by law. Except as otherwise provided in sections
473.371 to 473.449, the council shall provide for the issuance,
sale, and security of the bonds in the manner provided in
chapter 475, and has the same powers and duties as a
municipality issuing bonds under that law, except that no
election is required and the net debt limitations in chapter 475
do not apply to the bonds. The obligations are not a debt of
the state or any municipality or political subdivision within
the meaning of any debt limitation or requirement pertaining to
those entities. Neither the state, nor any municipality or
political subdivision except the council and board, nor any
member or officer or employee of the board or council, is liable
on the obligations. The obligations may be secured by taxes
levied without limitation of rate or amount upon all taxable
property in the transit taxing district and transit area as
provided in section 473.446, subdivision 1, clause (c). The
council shall certify to the transit board before October 1 of
each year the amounts necessary to provide full and timely
payment of the obligations. As part of its levy made under
section 473.446, subdivision 1, clause (c), the board shall levy
the amounts certified by the council and transfer the proceeds
to the council for payment of the obligations. The taxes must
be levied, certified, and collected in accordance with the terms
and conditions of the indebtedness.
Sec. 18. Minnesota Statutes 1986, section 473.39,
subdivision 1a, is amended to read:
Subd. 1a. [AMOUNT; I-394 FACILITIES OBLIGATIONS.] (a) The
council may issue certificates of indebtedness, bonds, or other
obligations under this section in an amount not
exceeding $8,500,000 $17,000,000 for expenditure financial
assistance to the commission, as prescribed in the
implementation plan of the board and the capital program of the
commission. Of this
(b) The council may issue certificates of indebtedness,
bonds, or other obligations under this section in an amount, no
more than not exceeding $1,500,000 may be spent for land
acquisition and capital improvements for park and ride lots and
transit transfer stations planned for the interstate highway
described in section 161.123, clause (2), commonly known as
I-394. These facilities may be constructed and maintained by
the metropolitan transit commission. The board shall require,
as a condition of financial assistance to the commission, that
the commission make facilities it constructs, acquires, or
improves for I-394 with funds provided under this provision
available to all transit providers on a nondiscriminatory basis,
as the board defines these terms. The limitation contained in
this subdivision does not apply to refunding bonds issued by the
council.
Sec. 19. Minnesota Statutes 1986, section 473.446,
subdivision 1, is amended to read:
Subdivision 1. [TAXATION WITHIN TRANSIT TAXING DISTRICT.]
For the purposes of sections 473.401 to 473.451 and the
metropolitan transit system, except as otherwise provided in
this subdivision the regional transit board shall levy each year
upon all taxable property within the metropolitan transit taxing
district, defined in subdivision 2, a transit tax consisting of:
(a) an amount up to two mills times the assessed value of
all such property, based upon the level of transit service
provided for the property, the proceeds of which shall be used
for payment of the expenses of operating transit and paratransit
service and to provide for payment of obligations issued by the
commission under section 473.436, subdivision 6;
(b) an additional amount, if any, as the board determines
to be necessary to provide for the full and timely payment of
its certificates of indebtedness and other obligations
outstanding on July 1, 1985, to which property taxes under this
section have been pledged; and
(c) an additional amount necessary to provide full and
timely payment of certificates of indebtedness, bonds, including
refunding bonds or other obligations issued or to be issued
under section 473.39 by the council for purposes of acquisition
and betterment of property and other improvements of a capital
nature and to which the council or board has specifically
pledged tax levies under this clause.
The county auditor shall reduce the tax levied pursuant to
this subdivision on all property within statutory and home rule
charter cities and towns that receive full peak service and
limited off-peak service by an amount equal to the tax levy that
would be produced by applying a rate of 0.5 mills on the
property. The county auditor shall reduce the tax levied
pursuant to this subdivision on all property within statutory
and home rule charter cities and towns that receive limited peak
service by an amount equal to the tax levy that would be
produced by applying a rate of 0.75 mills on the property. The
amounts so computed by the county auditor shall be submitted to
the commissioner of revenue as part of the abstracts of tax
lists required to be filed with the commissioner under section
275.29. Any prior year adjustments shall also be certified in
the abstracts of tax lists. The commissioner shall review the
certifications to determine their accuracy and may make changes
in the certification as necessary or return a certification to
the county auditor for corrections. The commissioner shall pay
to the regional transit board the amounts certified by the
county auditors on the dates provided in section 273.13,
subdivision 15a, clause (3). There is annually appropriated
from the general fund in the state treasury to the department of
revenue the amounts necessary to make these payments in fiscal
year 1987 and thereafter.
For the purposes of this subdivision, "full peak and
limited off-peak service" means peak period regular route
service, plus weekday midday regular route service at intervals
longer than 60 minutes on the route with the greatest frequency;
and "limited peak period service" means peak period regular
route service only.
Sec. 20. Minnesota Statutes 1986, section 473.604,
subdivision 1, is amended to read:
Subdivision 1. The following persons and their respective
successors shall constitute the members and governing body of
the corporation, namely:
(1) All of the members and commissioners in office January
1, 1973, for the remainder of the terms for which they were
appointed or otherwise selected, respectively;
(2) The mayor of each of the cities, or a qualified voter
appointed by the mayor, for the term of office as mayor;
(3) A member of the council of each of the cities,
appointed by the council for a term of four years commencing in
July, 1977;
(4) A member of the park board of Minneapolis appointed by
that board and a second member of the council of St. Paul,
appointed by it, each for a term of two years commencing in
July, 1979;
(5) One additional resident of each city, who does not hold
any office under the state or any of its political subdivisions
except that of notary public, herein termed a "citizen
commissioner," such member in St. Paul to be appointed by the
mayor, with the approval of the council, and in Minneapolis by
the council, with the approval of the mayor; each for a term of
two years commencing in July, 1979;
(6) Six additional members, each appointed by the governor
on a nonpartisan basis, and each holding no other office under
the state or any of its political subdivisions except that of
notary public; for terms and with residence qualifications as
follows:
(a) (1) A resident of the area of the counties of
Washington and Ramsey, outside of St. Paul, for a four-year term
commencing in July, 1974, and a successor for a term ending July
1, 1981;
(2) A resident of the county of Anoka, for a four-year term
commencing in July, 1974, and a successor for a term ending July
1, 1981;
(3) Three residents of the area of the counties of Carver,
Scott and Hennepin, outside Minneapolis, for a two-year term
commencing in July, 1974, and their successors for a term ending
July 1, 1981;
(4) A resident of the county of Dakota, for a four-year
term commencing in July, 1974, and a successor for a term ending
July 1, 1981;
(b) As successors to all members referred to in paragraphs
(2) to (6)(a), whose terms will expire in July, 1981, a number
of members appointed from precincts equal or nearest to but not
exceeding half the number of districts which are provided by law
for the selection of members of the metropolitan council in
section 473.123. Each member shall be a resident of the
precinct represented. The members shall be appointed by the
governor as follows: a number as near as possible to
one-fourth, for a term of one year; a similar number for a term
of two years; a similar number for a term of three years; and a
similar number for a term of four years, all of which terms
shall commence on July 1, 1981. The successors of each member
shall be appointed for four-year terms commencing in July of
each fourth year after the expiration of the original term.
Before making an appointment, the governor shall consult with
each member of the legislature from the precinct for which the
member is to be appointed, to solicit the legislator's
recommendation on the appointment;
(7) One member appointed by the governor of the state, who
shall be chair of the corporation, appointed for a term
coterminous with that of the governor.
Sec. 21. Minnesota Statutes 1986, section 473.604, is
amended by adding a subdivision to read:
Subd. 7. [MEMBERS; DUTIES.] Members appointed under
subdivision 1 have the duties imposed by section 2.
Sec. 22. [473.391] [ROUTE PLANNING AND SCHEDULING.]
The regional transit board shall contract with the
metropolitan transit commission or other operators or local
governments for route planning and scheduling services in any
configuration of new or reconfiguration of existing transit
services and routes, including route planning and scheduling
necessary for the test marketing program, the service bidding
program, and the interstate highway described in section
161.123, clause (2), commonly known as I-394. Route planning
and scheduling is subject to approval by the board for
conformity to the board's transit implementation plans and
route, schedule, and other service standards, objectives, and
policies established by the board.
Sec. 23. [473.392] [SERVICE BIDDING.]
The regional transit board may competitively bid transit
service only in accordance with standards, procedures, and
guidelines adopted by resolution of the board. The board shall
establish a project management team to assist and advise the
board in developing and implementing standards, procedures, and
guidelines. The project management team must include
representatives of the metropolitan transit commission, the
Amalgamated Transit Union Local 1005, private operators, local
governments, and other persons interested in the subject. At
least 60 days before adopting any standards, procedures, or
guidelines for competitive bidding of transit service, the board
shall hold a public hearing on the subject. The board shall
publish notice of the hearing in newspapers of general
circulation in the metropolitan area not less than 15 days
before the hearing. At the hearing all interested persons must
be afforded an opportunity to present their views orally and in
writing. Following the hearing, and after considering the
testimony, the board shall revise and adopt the standards,
procedures, and guidelines.
Sec. 24. [473.393] [FEDERAL GRANTS.]
The regional transit board may not be a recipient of
federal capital or operating assistance for transit. The board
shall study and report to the legislature by January 1, 1988, on
the effects, advantages, and disadvantages of transferring the
authority to receive these funds from the commission to the
board and on how and for what purpose the board would use the
funds differently than the commission could use the funds.
Sec. 25. [RATIFICATION.]
Minnesota Statutes, section 473.39, subdivision 1, as
amended by section 17, clarifies legislative intent.
Obligations issued prior to the effective date of section 17 are
not invalid or unenforceable if issued in accordance with
Minnesota Statutes, section 473.39, subdivision 1, as amended by
section 17.
Sec. 26. [FARE RESTRICTION REPEALED.]
The provisions respecting fares of the metropolitan transit
commission in Laws 1981, chapter 363, section 55, subdivision 1;
Laws 1981, Third Special Session chapter 2, article 1, section
2, subdivision 2; and Laws 1983, chapter 293, section 2,
subdivision 5, are repealed.
Laws 1985, First Special Session chapter 10, section 122,
is repealed.
Sec. 27. [APPLICATION.]
Sections 1 to 28 are effective in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 28. [EFFECTIVE DATE.]
This act is effective the day following final enactment.
Approved May 28, 1987
Official Publication of the State of Minnesota
Revisor of Statutes