Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 628-S.F.No. 2015
An act relating to metropolitan government; abolishing
certain agencies; providing for a regional
administrator and a management team; imposing
organizational requirements; imposing duties;
clarifying existing provisions and making conforming
changes; amending Minnesota Statutes 1992, sections
6.76; 15.0597, subdivision 1; 15A.081, subdivision 7;
15A.082, subdivision 3; 16B.58, subdivision 7; 116.16,
subdivision 2; 116.182, subdivision 1; 161.173;
161.174; 169.781, subdivision 1; 169.791, subdivision
5; 169.792, subdivision 11; 221.022; 221.041,
subdivision 4; 221.071, subdivision 1; 221.295;
297B.09, subdivision 1; 352.03, subdivision 1; 352.75;
422A.01, subdivision 9; 422A.101, subdivision 2a;
471A.02, subdivision 8; 473.121, subdivisions 5a and
24; 473.123, subdivisions 1, 2a, 4, and by adding
subdivisions; 473.129; 473.13, subdivision 4; 473.146,
subdivisions 1 and 4; 473.149, subdivision 3;
473.1623, subdivision 2; 473.164; 473.168, subdivision
2; 473.173, subdivisions 3 and 4; 473.223; 473.303,
subdivisions 2, 3a, 4, 4a, 5, and 6; 473.371,
subdivision 1; 473.373, subdivision 1a; 473.375,
subdivisions 4, 11, 12, 13, 14, 15, and 18; 473.382;
473.384, subdivisions 1, 3, 4, 5, 6, 7, and 8;
473.385; 473.386, subdivisions 1, 2, 3, 4, 5, and 6;
473.387, subdivisions 2, 3, and 4; 473.388,
subdivisions 2, 3, 4, and 5; 473.39, subdivisions 1,
1a, 1b, and by adding a subdivision; 473.391; 473.392;
473.394; 473.399, as amended; 473.405, subdivisions 1,
3, 4, 5, 9, 10, 12, and 15; 473.408, subdivisions 1,
2, 2a, 4, 6, and 7; 473.409; 473.411, subdivisions 3
and 4; 473.415, subdivisions 1, 2, and 3; 473.416;
473.418; 473.42; 473.436, subdivisions 2, 3, and 6;
473.446, subdivisions 1, 1a, 2, 3, and 7; 473.448;
473.449; 473.504, subdivisions 4, 5, 6, 9, 10, 11, and
12; 473.511, subdivisions 1, 2, 3, and 4; 473.512,
subdivision 1; 473.513; 473.515, subdivisions 1, 2,
and 3; 473.5155, subdivisions 1 and 3; 473.516,
subdivisions 2, 3, 4, and 5; 473.517, subdivisions 1,
2, 3, 6, and 9; 473.519; 473.521, subdivisions 1, 2,
3, and 4; 473.523, subdivisions 1 and 2; 473.535;
473.541, subdivision 2; 473.542; 473.543, subdivisions
1, 2, 3, and 4; 473.545; 473.547; 473.549; 473.553,
subdivisions 1, 2, 4, 5, and by adding subdivisions;
473.561; 473.595, subdivision 3; 473.605, subdivision
2; 473.823, subdivision 3; and 473.852, subdivisions 8
and 10; Minnesota Statutes 1993 Supplement, sections
10A.01, subdivision 18; 15A.081, subdivision 1;
115.54; 174.32, subdivision 2; 216C.15, subdivision 1;
221.025; 221.031, subdivision 3a; 275.065,
subdivisions 3 and 5a; 352.01, subdivisions 2a and 2b;
352D.02, subdivision 1; 353.64, subdivision 7a;
400.08, subdivision 3; 473.13, subdivision 1;
473.1623, subdivision 3; 473.167, subdivision 1;
473.386, subdivision 2a; 473.3994, subdivision 10;
473.3997; 473.4051; 473.407, subdivisions 1, 2, 3, 4,
5, and 6; 473.411, subdivision 5; 473.446, subdivision
8; 473.516, subdivision 1; and 473.604, subdivision 1;
proposing coding for new law in Minnesota Statutes,
chapter 473; repealing Minnesota Statutes 1992,
sections 115A.03, subdivision 20; 115A.33; 174.22,
subdivision 4; 473.121, subdivisions 14a, 15, and 21;
473.122; 473.123, subdivisions 5 and 6; 473.141, as
amended; 473.146, subdivisions 2, 2a, 2b, and 2c;
473.153; 473.161; 473.163; 473.181, subdivision 3;
473.325, subdivision 5; 473.373, as amended; 473.375,
subdivisions 1, 2, 3, 4, 5, 6, 7, 10, 16, 17, and 18;
473.377; 473.38; 473.384, subdivision 9; 473.388,
subdivision 6; 473.404, as amended; 473.405,
subdivisions 2, 6, 7, 8, 11, 13, and 14; 473.417;
473.435; 473.436, subdivision 7; 473.445, subdivisions
1 and 3; 473.501, subdivision 2; 473.503; 473.504,
subdivisions 1, 2, 3, 7, and 8; 473.511, subdivision
5; 473.517, subdivision 8; 473.543, subdivision 5; and
473.553, subdivision 4a; Minnesota Statutes 1993
Supplement, section 473.3996, subdivisions 1 and 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
METROPOLITAN COUNCIL ORGANIZATION
Section 1. Minnesota Statutes 1993 Supplement, section
15A.081, subdivision 1, is amended to read:
Subdivision 1. [SALARY RANGES.] The governor shall set the
salary rate within the ranges listed below for positions
specified in this subdivision, upon approval of the legislative
commission on employee relations and the legislature as provided
by section 43A.18, subdivisions 2 and 5:
Salary Range
Effective
July 1, 1987
$57,500-$78,500
Commissioner of finance;
Commissioner of education;
Commissioner of transportation;
Commissioner of human services;
Commissioner of revenue;
Commissioner of public safety;
Executive director, state board of investment;
$50,000-$67,500
Commissioner of administration;
Commissioner of agriculture;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of jobs and training;
Commissioner of employee relations;
Commissioner of health;
Commissioner of labor and industry;
Commissioner of natural resources;
Commissioner of trade and economic development;
Chief administrative law judge; office of administrative
hearings;
Commissioner, pollution control agency;
Director, office of waste management;
Commissioner, housing finance agency;
Executive director, public employees retirement
association;
Executive director, teacher's retirement association;
Executive director, state retirement system;
Chair, metropolitan council;
Chair, regional transit board;
$42,500-$60,000
Commissioner of human rights;
Commissioner, department of public service;
Commissioner of veterans affairs;
Commissioner, bureau of mediation services;
Commissioner, public utilities commission;
Member, transportation regulation board;
Ombudsman for corrections;
Ombudsman for mental health and retardation.
Sec. 2. Minnesota Statutes 1992, section 15A.082,
subdivision 3, is amended to read:
Subd. 3. [SUBMISSION OF RECOMMENDATIONS.] (a) By May 1 in
each odd-numbered year, the compensation council shall submit to
the speaker of the house of representatives and the president of
the senate salary recommendations for constitutional officers,
legislators, justices of the supreme court, and judges of the
court of appeals, district court, county court, and county
municipal court. The recommended salary for each office must
take effect on July 1 of the next odd-numbered year, with no
more than one adjustment, to take effect on July 1 of the year
after that. The salary recommendations for legislators, judges,
and constitutional officers take effect if an appropriation of
money to pay the recommended salaries is enacted after the
recommendations are submitted and before their effective date.
Recommendations may be expressly modified or rejected. The
salary recommendations for legislators are subject to additional
terms that may be adopted according to section 3.099,
subdivisions 1 and 3.
(b) The council shall also submit to the speaker of the
house of representatives and the president of the senate
recommendations for the salaries of members of the metropolitan
council.
Sec. 3. Minnesota Statutes 1993 Supplement, section
352D.02, subdivision 1, is amended to read:
Subdivision 1. [COVERAGE.] (a) Employees enumerated in
paragraph (b), if they are in the unclassified service of the
state or metropolitan council and are eligible for coverage
under the general state employees retirement plan under chapter
352, are participants in the unclassified program under this
chapter unless the employee gives notice to the executive
director of the Minnesota state retirement system within one
year following the commencement of employment in the
unclassified service that the employee desires coverage under
the general state employees retirement plan. For the purposes
of this chapter, an employee who does not file notice with the
executive director is deemed to have exercised the option to
participate in the unclassified plan.
(b) Enumerated employees are:
(1) an employee in the office of the governor, lieutenant
governor, secretary of state, state auditor, state treasurer,
attorney general, or an employee of the state board of
investment;
(2) the head of a department, division, or agency created
by statute in the unclassified service, an acting department
head subsequently appointed to the position, or an employee
enumerated in section 15A.081, subdivision 1 or 15A.083,
subdivision 4;
(3) a permanent, full-time unclassified employee of the
legislature or a commission or agency of the legislature or a
temporary legislative employee having shares in the supplemental
retirement fund as a result of former employment covered by this
chapter, whether or not eligible for coverage under the
Minnesota state retirement system;
(4) a person other than an employee of the state board of
technical colleges who is employed in a position established
under section 43A.08, subdivision 1, clause (3), or subdivision
1a, or in a position authorized under a statute creating or
establishing a department or agency of the state, which is at
the deputy or assistant head of department or agency or director
level;
(5) the chair, chief administrator, and not to exceed nine
positions at the division director or administrative deputy
level of the metropolitan waste control commission as designated
by the commission; the chair, executive director, and not to
exceed three positions at the division director or assistant to
the chair level of the regional transit board; a chief
administrator who is an employee of the metropolitan transit
commission; and the chair, executive director, and not to exceed
nine positions at the division director or administrative deputy
level of the metropolitan council as designated by the council;
provided that upon initial designation of all positions provided
for in this clause, no further designations or redesignations
may be made without approval of the board of directors of the
Minnesota state retirement system;
(6) the executive director, associate executive director,
and not to exceed nine positions of the higher education
coordinating board in the unclassified service, as designated by
the higher education coordinating board before January 1, 1992,
or subsequently redesignated with the approval of the board of
directors of the Minnesota state retirement system, unless the
person has elected coverage by the individual retirement account
plan under chapter 354B;
(7) the clerk of the appellate courts appointed under
article VI, section 2, of the Constitution of the state of
Minnesota;
(8) the chief executive officers of correctional facilities
operated by the department of corrections and of hospitals and
nursing homes operated by the department of human services;
(9) an employee whose principal employment is at the state
ceremonial house;
(10) an employee of the Minnesota educational computing
corporation;
(11) an employee of the world trade center board;
(12) an employee of the state lottery board who is covered
by the managerial plan established under section 43A.18,
subdivision 3;
(13) an employee of the state board of technical colleges
employed in a position established under section 43A.08,
subdivision 1, clause (3), or 1a, unless the person has elected
coverage by the individual retirement account plan under chapter
354B; and
(14) an employee of the higher education board in a
position established under section 136E.04, subdivision 2,
unless the person has elected coverage by the individual
retirement account plan under chapter 354B.
Sec. 4. Minnesota Statutes 1992, section 473.123,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] A metropolitan council with
jurisdiction in the metropolitan area is created established as
a public corporation and political subdivision of the state. It
shall be under the supervision and control of 17 members, all of
whom shall be residents of the metropolitan area.
Sec. 5. Minnesota Statutes 1992, section 473.123,
subdivision 2a, is amended to read:
Subd. 2a. [TERMS.] Following each apportionment of council
districts, as provided under subdivision 3a, council members
must be appointed from newly drawn districts as provided in
subdivision 3a. Each council member, other than the chair, must
reside in the council district represented. Each council
district must be represented by one member of the council. The
terms of members are as follows: members representing
even-numbered districts for terms ending the first Monday in
January of the year ending in the numeral "7"; members
representing odd-numbered districts for terms ending the first
Monday in January of the year ending in the numeral "5."
Thereafter the term of each member is four years, with terms
ending the first Monday in January end with the term of the
governor, except that all terms expire on the effective date of
the next apportionment. A member serves at the pleasure of the
governor. A member shall continue to serve the member's
district until a successor is appointed and qualified; except
that, following each apportionment, the member shall continue to
serve at large until the governor appoints 16 council members,
one from each of the newly drawn council districts as provided
under subdivision 3a, to serve terms as provided under this
section. The appointment to the council must be made by the
first Monday in March of the year in which the term ends.
Sec. 6. Minnesota Statutes 1992, section 473.123,
subdivision 4, is amended to read:
Subd. 4. [CHAIR; APPOINTMENT, OFFICERS, SELECTION; DUTIES
AND COMPENSATION.] (a) The chair of the metropolitan council
shall be appointed by the governor as the 17th voting member
thereof by and with the advice and consent of the senate to
serve at the pleasure of the governor to represent the
metropolitan area at large. Senate confirmation shall be as
provided by section 15.066. The chair shall be a person
experienced in the field of municipal and urban affairs with
administrative training and executive ability.
(b) The chair of the metropolitan council shall, if
present, preside at the meetings of the metropolitan council and
shall act as principal executive officer. The chair shall
organize the work of the metropolitan council, appoint all
officers and employees thereof, subject to the approval of the
metropolitan council, and be responsible for carrying out all
policy decisions of the metropolitan council. The chair's
salary shall be as provided in section 15A.081. The chair shall
be eligible for expenses in the same manner and amount as state
employees, have the primary responsibility for meeting with
local elected officials, serve as the principal legislative
liaison, present to the governor and the legislature, after
council approval, the council's plans for regional governance
and operations, serve as the principal spokesperson of the
council, and perform other duties assigned by the council or by
law.
(b) The metropolitan council shall elect other officers as
it deems necessary for the conduct of its affairs for a one-year
term. A secretary and treasurer need not be members of the
metropolitan council. Meeting times and places shall be fixed
by the metropolitan council and special meetings may be called
by a majority of the members of the metropolitan council or by
the chair. The chair and each metropolitan council member shall
be reimbursed for actual and necessary expenses. The annual
budget of the council shall provide as a separate account
anticipated expenditures for compensation, travel, and
associated expenses for the chair and members, and compensation
or reimbursement shall be made to the chair and members only
when budgeted.
(c) Each member of the council shall attend and participate
in council meetings and meet regularly with local elected
officials and legislative members from the council member's
district. Each council member shall serve on at least one
division committee for transportation, environment, or community
development.
(d) In the performance of its duties the metropolitan
council may adopt policies and procedures governing its
operation, establish committees, and, when specifically
authorized by law, make appointments to other governmental
agencies and districts.
Sec. 7. Minnesota Statutes 1992, section 473.123, is
amended by adding a subdivision to read:
Subd. 7. [PERFORMANCE AND BUDGET ANALYST.] The council,
other than the chair, may hire a performance and budget analyst
to assist the 16 council members with policy and budget analysis
and evaluation of the council's performance. The analyst may
recommend and the council may hire up to two additional analysts
to assist the council with performance evaluation and budget
analysis. The analyst and any additional analysts hired shall
serve at the pleasure of the council members. The 16 members of
the council may prescribe all terms and conditions for the
employment of the analyst and any additional analysts hired,
including, but not limited to, the fixing of compensation,
benefits, and insurance. The analyst shall prepare the budget
for the provisions of this section and submit the budget for
council approval and inclusion in the council's overall budget.
Sec. 8. [SALARIES OF MEMBERS.]
Until changed in law after recommendation by the
compensation council as provided in Minnesota Statutes, section
15A.082, the chair of the metropolitan council shall receive a
salary of $52,500 per year, and the other members shall receive
a salary of $20,000 per year.
Sec. 9. [METROPOLITAN COUNCIL EXECUTIVE DIRECTOR.]
The executive director of the metropolitan council,
appointed as provided in Minnesota Statutes 1992, section
473.123, subdivision 6, shall serve as the regional
administrator at the pleasure of the council.
Sec. 10. [REPEALER.]
Minnesota Statutes 1992, section 473.123, subdivisions 5
and 6, are repealed.
Sec. 11. [APPLICATION.]
This article applies in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 12. [EFFECTIVE DATE.]
This article is effective the first Monday in January 1995.
ARTICLE 2
REGIONAL ADMINISTRATOR; TRANSITIONAL ORGANIZATION
Section 1. Minnesota Statutes 1992, section 473.123, is
amended by adding a subdivision to read:
Subd. 8. [GENERAL COUNSEL.] The council may appoint a
general counsel to serve at the pleasure of the council.
Sec. 2. [473.125] [REGIONAL ADMINISTRATOR.]
The metropolitan council shall appoint a regional
administrator to serve at the council's pleasure as the
principal administrative officer for the metropolitan council.
The regional administrator shall organize the work of the
council staff. The regional administrator shall appoint on the
basis of merit and fitness, and discipline and discharge all
employees in accordance with the council's personnel policy,
except (1) the performance and budget analysts provided for in
section 473.123, subdivision 7, (2) the general counsel, as
provided in section 473.123, subdivision 8, (3) employees of the
offices of wastewater services and transit operations, who are
appointed, disciplined, and discharged in accordance with
council personnel policies by their respective operations
managers, and (4) as provided in sections 3 and 4. The regional
administrator must ensure that all policy decisions of the
council are carried out. The regional administrator shall
attend meetings of the council and may take part in discussions
but may not vote. The regional administrator shall recommend to
the council for adoption measures deemed necessary for efficient
administration of the council, keep the council fully apprised
of the financial condition of the council, and prepare and
submit an annual budget to the council for approval. The
regional administrator shall prepare and submit for approval by
the council an administrative code organizing and codifying the
policies of the council, and perform other duties as prescribed
by the council. The regional administrator may be chosen from
among the citizens of the nation at large, and shall be selected
on the basis of training and experience in public administration.
Sec. 3. [TRANSITIONAL ORGANIZATION.]
Subdivision 1. [PERIOD OF EFFECT.] Except as otherwise
expressly provided in this section, this section is effective
June 1, 1994, and expires the first Monday in January 1996.
Subd. 2. [DIVISIONS.] The metropolitan council has four
divisions:
(1) transportation;
(2) environment;
(3) community development; and
(4) administration.
Subd. 3. [REGIONAL ADMINISTRATOR AND MANAGEMENT TEAM.] (a)
The regional administrator must recommend for council approval
persons to serve in the positions enumerated in this paragraph:
(1) the director of the transportation division;
(2) the director of the environment division;
(3) the director of the community development division;
(4) the director of the administration division;
(5) the manager of transit operations;
(6) the manager of wastewater services; and
(7) the general counsel.
(b) Except for the general counsel, the persons appointed
to the positions enumerated in paragraph (a) may be removed by
the regional administrator without the approval of the council.
(c) The regional administrator is the head of the
metropolitan council's senior management team made up of the
regional administrator and at least the persons serving in the
positions enumerated in paragraph (a).
(d) The manager of transit operations and the manager of
wastewater services appoints, disciplines, and discharges the
employees of the manager's respective office in accordance with
the council's personnel policy.
(e) The management team shall advise the regional
administrator on the overall operation of the metropolitan
council.
(f) This subdivision is effective the first Monday in
January 1995.
Subd. 4. [COUNCIL COMMITTEES.] The council must have a
transportation division committee, an environment division
committee, a community development committee, and other
committees it considers appropriate. Each division committee
must meet regularly to oversee the operations of its respective
division and recommend policy to the full council with respect
to its division.
Subd. 5. [INTERAGENCY MONEY TRANSFERS.] Except to
reimburse the council for costs incurred by the council in the
discharge of its responsibilities relating to the office of
wastewater services or the office of transit operations, no
money may be transferred from a fund or account of a
metropolitan agency abolished by section 4 or its successor fund
or account, to a fund or account of another agency abolished by
section 4, or its successor fund or account, or to a fund or
account of the metropolitan council during the period this
section is effective without ten days' written notice of the
proposed action to each council member and approval of
three-fourths of the full membership of the council.
Sec. 4. [ABOLISHED AGENCIES, SUCCESSORS, PERSONNEL.]
Subdivision 1. [REGIONAL TRANSIT BOARD.] The terms of the
regional transit board members and chair expire October 1,
1994. Permanent or regular staff employed as of March 1, 1994,
by the regional transit board may not be terminated by
discharge, except for cause, or by layoff before the first
Monday in January 1995. The regional transit board described in
Minnesota Statutes 1992, section 473.373, is abolished. Its
duties and responsibilities are transferred to the metropolitan
council. Its activities are assumed by the transportation
division of the metropolitan council. Policy with respect to
those activities must be recommended by the transportation
division committee of the metropolitan council to the full
council. The metropolitan council is the successor entity to
the regional transit board with respect to all of the board's
property, interests, and obligations.
Subd. 2. [METROPOLITAN TRANSIT COMMISSION.] The terms of
the metropolitan transit commission members expire July 1,
1994. Permanent or regular staff employed as of March 1, 1994,
by the metropolitan transit commission may not be terminated by
discharge, except for cause, or by layoff before the first
Monday in January 1996. The metropolitan transit commission
described in Minnesota Statutes 1992, section 473.404, is
abolished. Its duties and responsibilities are transferred to
the metropolitan council. Its activities are assumed by the
transportation division of the metropolitan council. Policy
with respect to those activities must be recommended by the
transportation division committee of the metropolitan council to
the full council. The metropolitan council is the successor
entity to the metropolitan transit commission with respect to
all of the commission's property, interests, and obligations.
All of the operations managed by the commission are transferred
to the office of transit operations of the transportation
division of the metropolitan council.
Subd. 3. [METROPOLITAN WASTE CONTROL COMMISSION.] The
terms of the metropolitan waste control commission members and
chair expire July 1, 1994. Permanent or regular staff employed
as of March 1, 1994, by the metropolitan waste control
commission may not be terminated by discharge, except for cause,
or by layoff before the first Monday in January 1996. The
metropolitan waste control commission described in Minnesota
Statutes 1992, section 473.503, is abolished. Its duties and
responsibilities are transferred to the metropolitan council.
Its activities are assumed by the environment division of the
metropolitan council. Policy with respect to those activities
must be recommended by the environment division committee of the
metropolitan council to the full council. The metropolitan
council is the successor entity to the metropolitan waste
control commission with respect to all the commission's
property, interests, obligations, and rules. All of the
operations managed by the commission are transferred to the
office of wastewater services of the environment division of the
metropolitan council.
Subd. 4. [METROPOLITAN COUNCIL EMPLOYEES.] Permanent or
regular staff employed by the metropolitan council as of March
1, 1994, may not be terminated by discharge, except for cause,
or by layoff before the first Monday in January 1996. This act
does not abrogate or change any rights enjoyed by the employees
of the metropolitan council under the terms of a collective
bargaining agreement that is authorized by Minnesota Statutes,
section 179A.20, and that is in effect on March 1, 1994.
Subd. 5. [UNION RIGHTS PRESERVED.] This act does not
abrogate or change any rights enjoyed by employees of agencies
abolished by this section under the terms of a collective
bargaining agreement that is authorized by Minnesota Statutes,
section 179A.20 and that is in effect on March 1, 1994.
Sec. 5. [APPLICATION.]
This article applies in the counties of Anoka, Carver,
Dakota, Ramsey, Scott, and Washington.
Sec. 6. [EFFECTIVE DATES.]
Sections 1 and 2 are effective the first Monday in January
1995. Section 3 is effective as provided in section 3. Section
4, subdivision 1, is effective October 1, 1994. The remainder
of section 4 is effective July 1, 1994.
ARTICLE 3
CLARIFYING AND CONFORMING CHANGES
Section 1. Minnesota Statutes 1992, section 6.76, is
amended to read:
6.76 [LOCAL GOVERNMENTAL EXPENDITURES FOR LOBBYISTS.]
On or before January 31, 1990, and each year thereafter,
all counties, cities, school districts, metropolitan agencies,
regional railroad authorities, and the regional transit board
metropolitan council shall report to the state auditor, on forms
prescribed by the auditor, their estimated expenditures paid for
the previous calendar year to a lobbyist as defined in section
10A.01, subdivision 11, and to any staff person not registered
as a lobbyist, over 25 percent of whose time is spent during the
legislative session on legislative matters.
Sec. 2. Minnesota Statutes 1993 Supplement, section
10A.01, subdivision 18, is amended to read:
Subd. 18. "Public official" means any:
(a) member of the legislature;
(b) constitutional officer in the executive branch and the
officer's chief administrative deputy;
(c) member, chief administrative officer or deputy chief
administrative officer of a state board or commission which has
at least one of the following powers: (i) the power to adopt,
amend or repeal rules, or (ii) the power to adjudicate contested
cases or appeals;
(d) commissioner, deputy commissioner, or assistant
commissioner of any state department as designated pursuant to
section 15.01;
(e) individual employed in the executive branch who is
authorized to adopt, amend or repeal rules or adjudicate
contested cases;
(f) executive director of the state board of investment;
(g) executive director of the Indian affairs intertribal
board;
(h) commissioner of the iron range resources and
rehabilitation board;
(i) commissioner of mediation services;
(j) deputy of any official listed in clauses (e) to (i);
(k) judge of the workers' compensation court of appeals;
(l) administrative law judge or compensation judge in the
state office of administrative hearings or referee in the
department of jobs and training;
(m) solicitor general or deputy, assistant or special
assistant attorney general;
(n) individual employed by the legislature as secretary of
the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher, legislative analyst, or
attorney in the office of senate counsel and research or house
research;
(o) member or chief administrative officer, regional
administrator, division director, general counsel, or operations
manager of the metropolitan council, regional transit board,
metropolitan transit commission, metropolitan waste control
commission, metropolitan parks and open spaces commission,
metropolitan airports commission or metropolitan sports
facilities commission;
(p) the director of the racing commission, the director of
the gambling control board, the director of the state lottery,
and the deputy director of the state lottery;
(q) director of the division of gambling enforcement in the
department of public safety;
(r) member or executive director of the higher education
facilities authority; or
(s) member of the board of directors or president of the
Minnesota world trade center corporation; or
(t) member or chief administrator of a metropolitan agency.
Sec. 3. Minnesota Statutes 1992, section 15.0597,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms shall have the meanings given them.
(a) "Agency" means (1) a state board, commission, council,
committee, authority, task force, including an advisory task
force created under section 15.014 or 15.0593, or other similar
multimember agency created by statute and having statewide
jurisdiction; and (2) the metropolitan council, regional transit
board, metropolitan airports commission, metropolitan parks and
open space commission, metropolitan sports facilities
commission, metropolitan waste control commission metropolitan
agency, capitol area architectural and planning board, and any
agency with a regional jurisdiction created in this state
pursuant to an interstate compact.
(b) "Vacancy" or "vacant agency position" means (1) a
vacancy in an existing agency, or (2) a new, unfilled agency
position; provided that "vacancy" shall not mean (1) a vacant
position on an agency composed exclusively of persons employed
by a political subdivision or another agency, or (2) a vacancy
to be filled by a person required to have a specific title or
position.
(c) "Secretary" means the secretary of state.
Sec. 4. Minnesota Statutes 1993 Supplement, section
15A.081, subdivision 1, is amended to read:
Subdivision 1. [SALARY RANGES.] The governor shall set the
salary rate within the ranges listed below for positions
specified in this subdivision, upon approval of the legislative
commission on employee relations and the legislature as provided
by section 43A.18, subdivisions 2 and 5:
Salary Range
Effective
July 1, 1987
$57,500-$78,500
Commissioner of finance;
Commissioner of education;
Commissioner of transportation;
Commissioner of human services;
Commissioner of revenue;
Commissioner of public safety;
Executive director, state board of investment;
$50,000-$67,500
Commissioner of administration;
Commissioner of agriculture;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of jobs and training;
Commissioner of employee relations;
Commissioner of health;
Commissioner of labor and industry;
Commissioner of natural resources;
Commissioner of trade and economic development;
Chief administrative law judge; office of administrative
hearings;
Commissioner, pollution control agency;
Director, office of waste management;
Commissioner, housing finance agency;
Executive director, public employees retirement
association;
Executive director, teacher's retirement association;
Executive director, state retirement system;
Chair, metropolitan council;
Chair, regional transit board;
$42,500-$60,000
Commissioner of human rights;
Commissioner, department of public service;
Commissioner of veterans affairs;
Commissioner, bureau of mediation services;
Commissioner, public utilities commission;
Member, transportation regulation board;
Ombudsman for corrections;
Ombudsman for mental health and retardation.
Sec. 5. Minnesota Statutes 1992, section 15A.081,
subdivision 7, is amended to read:
Subd. 7. [METROPOLITAN OFFICERS.] The governor shall set
the salary rate within the range set forth below for the
following positions, upon approval of the legislative commission
on employee relations and the legislature as provided by section
43A.18, subdivisions 2 and 5:
Effective
July 1, 1987
Chair, metropolitan airports
commission $15,000-$25,000
Chair, metropolitan waste control
commission $25,000-$67,500
Fringe benefits for unclassified employees of the
metropolitan waste control commission shall not exceed those
fringe benefits received by unclassified employees of the
metropolitan council.
Sec. 6. Minnesota Statutes 1992, section 16B.58,
subdivision 7, is amended to read:
Subd. 7. [SURCHARGE FOR VEHICLES OCCUPIED BY ONE PERSON.]
The commissioner shall impose a surcharge of 25 percent for
vehicles occupied by only one person parking in a state parking
facility in the capitol area, as described by section 15.50,
subdivision 2. The revenue from this additional charge shall be
placed by the commissioner in a special account. For the
benefit of employees employed in the capitol area, the money in
the account is appropriated to the commissioner and shall be
used by the commissioner in the following order of priority:
(1) to acquire or lease commuter vans pursuant to section
16B.56; (2) within limits and upon conditions the commissioner
determines to be necessary, to reimburse state agencies for all
costs resulting from agreements with the metropolitan transit
commission, or its successor, or other operators pursuant to
section 473.409, including costs related to employees employed
outside the capitol area; and (3) to be used for maintaining and
improving parking lots or facilities owned or operated by the
state. The commissioner may adopt rules necessary to administer
the provisions of this subdivision, subdivision 5, and section
473.409. The rules may exempt from the surcharge vehicles
operated by persons whom the commissioner determines have job
requirements that make car pooling impractical.
Sec. 7. Minnesota Statutes 1993 Supplement, section
115.54, is amended to read:
115.54 [TECHNICAL ADVISORY COMMITTEE.]
The agency shall adopt and revise rules governing waste
water treatment control under this chapter or chapter 116 only
with the advice of a technical advisory committee of seven
members. One member of the committee shall be selected by each
of the following: the state Consulting Engineers Council, the
Minnesota chapter of the Central States Water Pollution Control
Federation, the Association of Minnesota Counties, the state
Wastewater Treatment Plant Operators Association, the
metropolitan waste control commission created by section 473.503
council, the state Association of Small Cities, and the League
of Minnesota Cities. The technical advisory committee may
review and advise the agency on any rule or technical
requirements governing the wastewater treatment grant or loan
program and may review the work of other professional persons
working on a wastewater treatment project and make
recommendations to those persons, the agency, and the concerned
municipality, in order for the agency to ensure that water
quality treatment standards will be met. The committee shall
meet at least once a year, or at the call of the chair, and
shall elect its chair. The agency must provide staff support
for the committee, prepare committee minutes, and provide
information to the committee it may request. A quorum is a
simple majority and official action must be by a majority vote
of the quorum. The committee expires as provided in section
15.059, subdivision 5.
Sec. 8. Minnesota Statutes 1992, section 116.16,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] In this section and sections
116.17 and 116.18:
(1) Agency means the Minnesota pollution control agency
created by this chapter;
(2) Municipality means any county, city, and town, the
metropolitan waste control commission established in chapter 473
and the metropolitan council when acting under the provisions of
that chapter, or an Indian tribe or an authorized Indian tribal
organization, and any other governmental subdivision of the
state responsible by law for the prevention, control, and
abatement of water pollution in any area of the state;
(3) Water pollution control program means the Minnesota
state water pollution control program created by subdivision 1;
(4) Bond account means the Minnesota state water pollution
control bond account created in the state bond fund by section
116.17, subdivision 4;
(5) Terms defined in section 115.01 have the meanings
therein given them;
(6) The eligible cost of any municipal project, except as
otherwise provided in clause (7), includes (a) preliminary
planning to determine the economic, engineering, and
environmental feasibility of the project; (b) engineering,
architectural, legal, fiscal, economic, sociological, project
administrative costs of the agency and the municipality, and
other investigations and studies; (c) surveys, designs, plans,
working drawings, specifications, procedures, and other actions
necessary to the planning, design, and construction of the
project; (d) erection, building, acquisition, alteration,
remodeling, improvement, and extension of disposal systems; (e)
inspection and supervision of construction; and (f) all other
expenses of the kinds enumerated in section 475.65;
(7) For state grants under the state independent grants
program, the eligible cost includes the acquisition of land for
stabilization ponds, the construction of collector sewers for
totally unsewered statutory and home rule charter cities and
towns described under section 368.01, subdivision 1 or 1a, that
are in existence on January 1, 1985, and the provision of
reserve capacity sufficient to serve the reasonable needs of the
municipality for 20 years in the case of treatment works and 40
years in the case of sewer systems. For state grants under the
state independent grants program, the eligible cost does not
include the provision of service to seasonal homes, or cost
increases from contingencies that exceed three percent of as-bid
costs or cost increases from unanticipated site conditions that
exceed an additional two percent of as-bid costs;
(8) Authority means the Minnesota public facilities
authority established in section 446A.03.
Sec. 9. Minnesota Statutes 1992, section 116.182,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For the purposes of this
section, the terms defined in this subdivision have the meanings
given them.
(b) "Agency" means the pollution control agency.
(c) "Authority" means the public facilities authority
established in section 446A.03.
(d) "Commissioner" means the commissioner of the pollution
control agency.
(e) "Essential project components" means those components
of a wastewater disposal system that are necessary to convey or
treat a municipality's existing wastewater flows and loadings,
and future wastewater flows and loadings based on the projected
residential growth of the municipality for a 20-year period.
(f) "Municipality" means a county, home rule charter or
statutory city, or town; the metropolitan waste control
commission established in chapter 473;, the metropolitan council
when acting under the provisions of chapter 473;, an Indian
tribe or an authorized Indian tribal organization; or any other
governmental subdivision of the state responsible by law for the
prevention, control, and abatement of water pollution in any
area of the state.
Sec. 10. Minnesota Statutes 1992, section 161.173, is
amended to read:
161.173 [SUBMISSION OF CORRIDOR PROPOSAL.]
The commissioner shall submit to the governing body of each
municipality wherein a trunk highway is proposed to be
constructed or improved, and to the governing body of each
municipality adjacent to any such municipality, a report
containing: a statement of the need for this proposed
construction or improvement, a description of alternate routes
which were considered by the commissioner and an explanation of
the advantages and disadvantages in the selection of any route
considered. The report shall also contain for each alternate,
the following information: general alignment and profile,
approximate points of access, highway classification, an
approximate cost estimate, relation to existing and planned
regional and local development and to other transportation
routes and facilities, and a statement of the expected general
effect on present and future use of the property within the
corridor. Where a state trunk highway is proposed to be
constructed or improved within the metropolitan area, a copy of
the report shall also be submitted to the metropolitan council
and the regional transit board established by chapter 473. In
all areas of the state a copy of the report shall be sent to
established regional, county and municipal planning commissions
in the area affected by the highway project. Not less than 45
nor more than 90 days, or as otherwise mutually agreed, after
the report has been submitted, the commissioner shall hold a
public hearing on the proposed highway construction or
improvement at such time and place within any municipality
wherein a portion of the proposed construction or improvement is
located, as the commissioner shall determine. Not less than 30
days before the hearing the commissioner shall mail notice
thereof to the governing body of each municipality or agency
entitled to receive a copy of the report, and shall cause notice
of the hearing to be published at least once each week for two
successive weeks in a newspaper or newspapers having general
circulation in such municipalities, the second publication to be
not less than five days before the date of the hearing. The
notice shall state the date, time, place and purpose of the
hearing, shall describe the proposed or actual general location
of the highway to be constructed or improved, and shall state
where the report may be inspected prior to the hearing by any
interested person. The hearing shall be conducted by the
commissioner or the commissioner's designee, and shall be
transcribed and a record thereof mailed to each municipality or
agency entitled to receive a copy of the report. All interested
persons shall be permitted to present their views on the
proposed highway construction or improvement. The hearing may
be continued as often as necessary. Within 120 days after the
hearing is completed, the governing body of each municipality or
agency entitled to receive a copy of the report shall submit to
the commissioner its approval or disapproval of the report. If
all or any part of the report is disapproved, the municipality
or agency shall state the reasons for such disapproval and
suggested changes in the report. The commissioner shall, before
preparing additional plans for the proposed highway construction
or improvement, submit to the governing body of each
municipality or agency disapproving the report, a statement
accepting or rejecting any suggested changes and the reasons for
acceptance or rejection.
Sec. 11. Minnesota Statutes 1992, section 161.174, is
amended to read:
161.174 [SUBMISSION OF LAYOUT PLANS.]
The commissioner shall submit to the governing body of each
municipality wherein a highway is proposed to be constructed or
improved, a proposed layout plan for the highway construction or
improvement containing: the proposed location, elevation, width
and geometrics of the construction or improvement, together with
a statement of the reasons therefor. Said plan shall also
contain: approximate right-of-way limits; a tentative schedule
for right-of-way acquisition, if known; proposed access points;
frontage roads; separation structures and interchanges; location
of utilities, when known; landscaping, illumination, a tentative
construction schedule, if known; and the estimated cost of the
construction or improvement. The commissioner shall submit more
than one layout plan. Each such plan shall also be submitted to
the metropolitan council and the regional transit board if any
portion of the proposed highway construction or improvement is
located in the metropolitan area. In all areas of the state a
copy of the layout plan shall be sent to established regional,
county and municipal planning commissions in the area affected
by the highway project. Not less than 90 nor more than 120 days
after said plan has been submitted, the commissioner shall hold
a public hearing on the proposed highway construction or
improvement at such time and place within any municipality
wherein a portion of the construction or improvement is located,
as the commissioner shall determine. The hearing shall be
noticed, held and conducted in the manner provided in section
161.173, except that the commissioner shall mail notice of the
hearing only to those municipalities and agencies entitled to
receive a copy of the layout plan. The hearing shall be
transcribed and a record thereof made available to each
municipality or agency entitled to receive a copy of said plan.
Within 180 days after the hearing is completed, the commissioner
shall formally adopt a layout plan. A copy of the layout plan
as adopted shall be submitted to each municipality or agency
entitled to receive a copy of the proposed plan, together with
the reasons for any change in the plan as presented at the
hearing. Within 120 days after the receipt of the adopted
layout plan, each such municipality or agency shall submit to
the commissioner its approval or disapproval of the layout plan
and the reasons for such disapproval, and proposed alternatives,
which may include a recommendation of no highway. Such
alternatives submitted by a municipality located within the
metropolitan area shall, upon request of the municipality, be
reviewed by the metropolitan council in order to determine
whether such alternatives are likely to meet minimum federal
requirements. The metropolitan council is authorized to provide
whatever assistance it deems advisable to the submitting
municipality in order to assist it in arriving at an alternative
which meets minimum federal requirements. If said plan or any
part thereof is not disapproved within such period, the
commissioner may proceed to prepare final construction plans and
specifications for the highway construction or improvement
consistent with the adopted layout plan, and may acquire the
necessary right-of-way. If the layout plan or any part thereof
is disapproved by any municipality or agency, and the
commissioner determines to proceed with the plan without
modifications, the commissioner shall proceed in the manner
provided in section 161.175. On determining to proceed with the
plan with modifications, the commissioner shall submit the
modified layout plan to the municipalities and agencies entitled
to receive the original layout plan in the manner described
above, for approval or disapproval by each such municipality or
agency within 60 days after receipt of the modified layout
plan. If the modified layout plan or any part thereof is not
disapproved by any municipality or agency within 60 days after
its receipt, the commissioner may proceed to prepare final
construction plans and specifications consistent with the
modified layout plan, and may acquire the necessary
right-of-way. If the modified plan is disapproved by any
municipality and the commissioner determines to proceed with the
plan without additional modification, the commissioner shall
proceed in the manner provided in section 161.175. If the
layout plan is disapproved, either as originally submitted or as
modified and the commissioner does not act pursuant to section
161.175, within one year from the date of the completion of the
hearing, any objecting municipality entitled to receive a copy
of the layout plan by virtue of this section may invoke the
appellate procedure pursuant to section 161.175, in the same
manner as the same might be invoked by the commissioner. In the
event the appellate procedure is invoked by either the
commissioner or the municipality, the commissioner shall hold a
public hearing prior to the appointment of an appeal board.
Such hearing shall be limited to the proposed alternative layout
plans.
Sec. 12. Minnesota Statutes 1992, section 169.781,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of sections
169.781 to 169.783:
(a) "Commercial motor vehicle" means:
(1) a commercial motor vehicle as defined in section
169.01, subdivision 75, paragraph (a); and
(2) each vehicle in a combination of more than 26,000
pounds.
"Commercial motor vehicle" does not include (1) a school
bus displaying a certificate under section 169.451, (2) a bus
operated by the metropolitan transit commission created in
section 473.404 council or by a local transit commission created
in chapter 458A, or (3) a motor vehicle with a gross weight of
not more than 26,000 pounds, carrying in bulk tanks a total of
not more than 200 gallons of petroleum products or liquid
fertilizer or pesticide.
(b) "Commissioner" means the commissioner of public safety.
(c) "Owner" means a person who owns, or has control, under
a lease of more than 30 days' duration, of one or more
commercial motor vehicles.
(d) "Storage semitrailer" means a semitrailer that (1) is
used exclusively to store property at a location not on a street
or highway, (2) does not contain any load when moved on a street
or highway, (3) is operated only during daylight hours, and (4)
is marked on each side of the semitrailer "storage only" in
letters at least six inches high.
(e) "Building mover vehicle" means a vehicle owned or
leased by a building mover as defined in section 221.81,
subdivision 1, paragraph (a), and used exclusively for moving
buildings.
Sec. 13. Minnesota Statutes 1992, section 169.791,
subdivision 5, is amended to read:
Subd. 5. [EXEMPTIONS.] Buses or other commercial vehicles
operated by the metropolitan transit commission council,
commercial vehicles required to file proof of insurance pursuant
to chapter 221, and school buses as defined in section 171.01,
subdivision 21, are exempt from this section.
Sec. 14. Minnesota Statutes 1992, section 169.792,
subdivision 11, is amended to read:
Subd. 11. [EXEMPTIONS.] Buses or other commercial vehicles
operated by the metropolitan transit commission council,
commercial vehicles required to file proof of insurance pursuant
to chapter 221, and school buses as defined in section 171.01,
subdivision 21, are exempt from this section.
Sec. 15. Minnesota Statutes 1993 Supplement, section
174.32, subdivision 2, is amended to read:
Subd. 2. [TRANSIT ASSISTANCE FUND; DISTRIBUTION.] The
transit assistance fund receives money distributed under section
297B.09. Eighty percent of the receipts of the fund must be
placed into a metropolitan account for distribution to
recipients located in the metropolitan area and 20 percent into
a separate account for distribution to recipients located
outside of the metropolitan area. Except as otherwise provided
in this subdivision, the regional transit board created by
section 473.373 metropolitan council is responsible for
distributing assistance from the metropolitan account, and the
commissioner is responsible for distributing assistance from the
other account.
Sec. 16. Minnesota Statutes 1993 Supplement, section
216C.15, subdivision 1, is amended to read:
Subdivision 1. [PRIORITIES AND REQUIREMENTS.] The
commissioner shall maintain an emergency conservation and
allocation plan. The plan shall provide a variety of strategies
and staged conservation measures to reduce energy use and in the
event of an energy supply emergency, shall establish guidelines
and criteria for allocation of fuels to priority users. The
plan shall contain alternative conservation actions and
allocation plans to reasonably meet various foreseeable shortage
circumstances and allow a choice of appropriate responses. The
plan shall be consistent with requirements of federal emergency
energy conservation and allocation laws and regulations, shall
be based on reasonable energy savings or transfers from scarce
energy resources and shall:
(a) give priority to individuals, institutions,
agriculture, businesses, and public transit under contract with
the commissioner of transportation or the regional transit board
metropolitan council which demonstrate they have engaged in
energy-saving measures and shall include provisions to insure
that:
(1) immediate allocations to individuals, institutions,
agriculture, businesses, and public transit be based on needs at
energy conservation levels;
(2) successive allocations to individuals, institutions,
agriculture, businesses, and public transit be based on needs
after implementation of required action to increase energy
conservation; and
(3) needs of individuals, institutions, and public transit
are adjusted to insure the health and welfare of the young, old
and infirm;
(b) insure maintenance of reasonable job safety conditions
and avoid environmental sacrifices;
(c) establish programs, controls, standards, priorities or
quotas for the allocation, conservation and consumption of
energy resources; and for the suspension and modification of
existing standards and the establishment of new standards
affecting or affected by the use of energy resources, including
those related to the type and composition of energy sources, and
to the hours and days during which public buildings, commercial
and industrial establishments, and other energy consuming
facilities may or are required to remain open;
(d) establish programs to control the use, sale or
distribution of commodities, materials, goods or services;
(e) establish regional programs and agreements for the
purpose of coordinating the energy resources, programs and
actions of the state with those of the federal government, of
local governments, and of other states and localities;
(f) determine at what level of an energy supply emergency
situation the pollution control agency shall be requested to ask
the governor to petition the president for a temporary emergency
suspension of air quality standards as required by the Clean Air
Act, United States Code, title 42, section 7410f; and
(g) establish procedures for fair and equitable review of
complaints and requests for special exemptions regarding
emergency conservation measures or allocations.
Sec. 17. Minnesota Statutes 1992, section 221.022, is
amended to read:
221.022 [EXCEPTION.]
The powers granted to the board under sections 221.011 to
221.296 do not include the power to regulate any service or
vehicles operated by the metropolitan transit commission council
or to regulate passenger transportation service provided under
contract to the department or the regional transit board
metropolitan council. A provider of passenger transportation
service under contract to the department or the regional transit
board metropolitan council may not provide charter service
without first having obtained a permit to operate as a charter
carrier.
Sec. 18. Minnesota Statutes 1993 Supplement, section
221.025, is amended to read:
221.025 [EXEMPTIONS.]
The provisions of this chapter requiring a certificate or
permit to operate as a motor carrier do not apply to the
intrastate transportation described below:
(a) the transportation of students to or from school or
school activities in a school bus inspected and certified under
section 169.451;
(b) the transportation of solid waste, as defined in
section 116.06, subdivision 22, including recyclable materials
and waste tires, except that the term "hazardous waste" has the
meaning given it in section 221.011, subdivision 31;
(c) a commuter van as defined in section 221.011,
subdivision 27;
(d) authorized emergency vehicles as defined in section
169.01, subdivision 5, including ambulances; and tow trucks
equipped with proper and legal warning devices when picking up
and transporting (1) disabled or wrecked motor vehicles or (2)
vehicles towed or transported under a towing order issued by a
public employee authorized to issue a towing order;
(e) the transportation of grain samples under conditions
prescribed by the board;
(f) the delivery of agricultural lime;
(g) the transportation of dirt and sod within an area
having a 50-mile radius from the home post office of the person
performing the transportation;
(h) the transportation of sand, gravel, bituminous asphalt
mix, concrete ready mix, concrete blocks or tile and the mortar
mix to be used with the concrete blocks or tile, or crushed rock
to or from the point of loading or a place of gathering within
an area having a 50-mile radius from that person's home post
office or a 50-mile radius from the site of construction or
maintenance of public roads and streets;
(i) the transportation of pulpwood, cordwood, mining
timber, poles, posts, decorator evergreens, wood chips, sawdust,
shavings, and bark from the place where the products are
produced to the point where they are to be used or shipped;
(j) the transportation of fresh vegetables from farms to
canneries or viner stations, from viner stations to canneries,
or from canneries to canneries during the harvesting, canning,
or packing season, or transporting potatoes, sugar beets, wild
rice, or rutabagas from the field of production to the first
place of delivery or unloading, including a processing plant,
warehouse, or railroad siding;
(k) the transportation of property or freight, other than
household goods and petroleum products in bulk, entirely within
the corporate limits of a city or between contiguous cities
except as provided in section 221.296;
(l) the transportation of unprocessed dairy products in
bulk within an area having a 100-mile radius from the home post
office of the person providing the transportation;
(m) the transportation of agricultural, horticultural,
dairy, livestock, or other farm products within an area having a
25-mile radius from the person's home post office and the
carrier may transport other commodities within the 25-mile
radius if the destination of each haul is a farm;
(n) passenger transportation service that is not charter
service and that is under contract to and with operating
assistance from the department or the regional transit board
metropolitan council; and
(o) the transportation of newspapers, as defined in section
331A.01, subdivision 5, telephone books, handbills, circulars,
or pamphlets in a vehicle with a gross vehicle weight of 10,000
pounds or less.
The exemptions provided in this section apply to a person
only while the person is exclusively engaged in exempt
transportation.
Sec. 19. Minnesota Statutes 1993 Supplement, section
221.031, subdivision 3a, is amended to read:
Subd. 3a. [CONTRACTORS OR RECIPIENTS OF TRANSPORTATION
ASSISTANCE.] Notwithstanding subdivision 3, providers of
passenger transportation service under contract to and with
operating assistance from the department or the regional transit
board metropolitan council must comply with rules for driver
qualifications; driving of motor vehicles; parts and accessories
necessary for safe operation; hours of service of drivers;
inspection, repair, and maintenance; and the rules adopted in
section 221.0314, subdivision 8, for accident reporting.
This subdivision does not apply to (1) a local transit
commission, (2) a transit authority created by the legislature,
(3) special transportation service certified by the commissioner
under section 174.30, or (4) special transportation service
defined in section 174.29, subdivision 1, when provided by a
volunteer driver operating a private passenger vehicle defined
in section 169.01, subdivision 3a.
Sec. 20. Minnesota Statutes 1992, section 221.041,
subdivision 4, is amended to read:
Subd. 4. [NONAPPLICABILITY.] This section does not apply
to any regular-route passenger transportation being performed
with operating assistance provided by the regional transit board
metropolitan council.
Sec. 21. Minnesota Statutes 1992, section 221.071,
subdivision 1, is amended to read:
Subdivision 1. [CONSIDERATIONS; TEMPORARY CERTIFICATES;
AMENDING.] If the board finds from the evidence that the
petitioner is fit and able to properly perform the services
proposed and that public convenience and necessity require the
granting of the petition or a part of the petition, it shall
issue a certificate of public convenience and necessity to the
petitioner. In determining whether a certificate should be
issued, the board shall give primary consideration to the
interests of the public that might be affected, to the
transportation service being furnished by a railroad which may
be affected by the granting of the certificate, and to the
effect which the granting of the certificate will have upon
other transportation service essential to the communities which
might be affected by the granting of the certificate. The board
may issue a certificate as applied for or issue it for a part
only of the authority sought and may attach to the authority
granted terms and conditions as in its judgment public
convenience and necessity may require. If the petitioner is
seeking authority to operate regular-route transit service
wholly within the seven-county metropolitan area with operating
assistance provided by the regional transit board metropolitan
council, the board shall consider only whether the petitioner is
fit and able to perform the proposed service. The operating
authority granted to such a petitioner must be the operating
authority for which the petitioner is receiving operating
assistance from the regional transit board metropolitan
council. A carrier receiving operating assistance from
the regional transit board metropolitan council may amend the
certificate to provide for additional routes by filing a copy of
the amendment with the board, and approval of the amendment by
the board is not required if the additional service is provided
with operating assistance from the regional transit board
metropolitan council.
The board may grant a temporary certificate, ex parte,
valid for a period not exceeding 180 days, upon a showing that
no regular route common carrier or petroleum carrier is then
authorized to serve on the route sought, that no other petition
is on file with the board covering the route, and that a need
for the proposed service exists.
A certificate may be amended by the board on ex parte
petition and payment of a $25 fee to the commissioner, to grant
an additional or alternate route if there is no other means of
transportation over the proposed additional route or between its
termini, and the proposed additional route does not exceed ten
miles in length.
Sec. 22. Minnesota Statutes 1992, section 221.295, is
amended to read:
221.295 [NOTICE TO REGIONAL TRANSIT BOARD METROPOLITAN
COUNCIL.]
Notwithstanding any provision of any statute to the
contrary, the regional transit board metropolitan council must
be notified by the commissioner of any matter affecting public
transit or an existing or proposed transit system within the
seven-county metropolitan area, which matter is formally or
informally before the commissioner or board for action or which
is under study, including the initiation of any request for
action or study and prior to any hearings on other proceedings,
whether ex parte or otherwise. Notification must in all cases
be given in a manner, at such time, and with such information
and data available to the commissioner or board as to enable the
regional transit board metropolitan council to meaningfully
evaluate, participate in, and comment upon the matter. The
commissioner or board shall not approve, deny, or otherwise
attempt to resolve or act upon the matter until receipt of the
comments and advice of the regional transit board metropolitan
council with respect thereto, but if none are received they may
act within 30 days after demand of the regional transit board
metropolitan council, or otherwise by mutual agreement. If the
commissioner or board takes action in any way contrary to or
different from the comments and advice of the regional transit
board metropolitan council, they shall specifically state the
reasons and factual data for the action.
Sec. 23. Minnesota Statutes 1993 Supplement, section
275.065, subdivision 3, is amended to read:
Subd. 3. [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The
county auditor shall prepare and the county treasurer shall
deliver after November 10 and on or before November 24 each
year, by first class mail to each taxpayer at the address listed
on the county's current year's assessment roll, a notice of
proposed property taxes and, in the case of a town, final
property taxes.
(b) The commissioner of revenue shall prescribe the form of
the notice.
(c) The notice must inform taxpayers that it contains the
amount of property taxes each taxing authority other than a town
proposes to collect for taxes payable the following year and,
for a town, the amount of its final levy. It must clearly state
that each taxing authority, including regional library districts
established under section 134.201, and including the
metropolitan taxing districts as defined in paragraph (i), but
excluding all other special taxing districts and towns, will
hold a public meeting to receive public testimony on the
proposed budget and proposed or final property tax levy, or, in
case of a school district, on the current budget and proposed
property tax levy. It must clearly state the time and place of
each taxing authority's meeting and an address where comments
will be received by mail. For 1993, the notice must clearly
state that each taxing authority holding a public meeting will
describe the increases or decreases of the total budget,
including employee and independent contractor compensation in
the prior year, current year, and the proposed budget year.
(d) The notice must state for each parcel:
(1) the market value of the property as determined under
section 273.11, and used for computing property taxes payable in
the following year and for taxes payable in the current year;
and, in the case of residential property, whether the property
is classified as homestead or nonhomestead. The notice must
clearly inform taxpayers of the years to which the market values
apply and that the values are final values;
(2) by county, city or town, school district excess
referenda levy, remaining school district levy, regional library
district, if in existence, the total of the metropolitan special
taxing districts as defined in paragraph (i) and the sum of the
remaining special taxing districts, and as a total of the taxing
authorities, including all special taxing districts, the
proposed or, for a town, final net tax on the property for taxes
payable the following year and the actual tax for taxes payable
the current year. In the case of the city of Minneapolis, the
levy for the Minneapolis library board and the levy for
Minneapolis park and recreation shall be listed separately from
the remaining amount of the city's levy. In the case of a
parcel where tax increment or the fiscal disparities areawide
tax applies, the proposed tax levy on the captured value or the
proposed tax levy on the tax capacity subject to the areawide
tax must each be stated separately and not included in the sum
of the special taxing districts; and
(3) the increase or decrease in the amounts in clause (2)
from taxes payable in the current year to proposed or, for a
town, final taxes payable the following year, expressed as a
dollar amount and as a percentage.
(e) The notice must clearly state that the proposed or
final taxes do not include the following:
(1) special assessments;
(2) levies approved by the voters after the date the
proposed taxes are certified, including bond referenda, school
district levy referenda, and levy limit increase referenda;
(3) amounts necessary to pay cleanup or other costs due to
a natural disaster occurring after the date the proposed taxes
are certified;
(4) amounts necessary to pay tort judgments against the
taxing authority that become final after the date the proposed
taxes are certified;
(5) any additional amount levied in lieu of a local sales
and use tax, unless this amount is included in the proposed or
final taxes; and
(6) the contamination tax imposed on properties which
received market value reductions for contamination.
(f) Except as provided in subdivision 7, failure of the
county auditor to prepare or the county treasurer to deliver the
notice as required in this section does not invalidate the
proposed or final tax levy or the taxes payable pursuant to the
tax levy.
(g) If the notice the taxpayer receives under this section
lists the property as nonhomestead and the homeowner provides
satisfactory documentation to the county assessor that the
property is owned and has been used as the owner's homestead
prior to June 1 of that year, the assessor shall reclassify the
property to homestead for taxes payable in the following year.
(h) In the case of class 4 residential property used as a
residence for lease or rental periods of 30 days or more, the
taxpayer must either:
(1) mail or deliver a copy of the notice of proposed
property taxes to each tenant, renter, or lessee; or
(2) post a copy of the notice in a conspicuous place on the
premises of the property.
(i) For purposes of this subdivision, subdivisions 5a and
6, "metropolitan special taxing districts" means the following
taxing districts in the seven-county metropolitan area that levy
a property tax for any of the specified purposes listed below:
(1) metropolitan council under section 473.132, 473.167,
473.249, 473.325, 473.446, 473.521, 473.547, or 473.834;
(2) metropolitan airports commission under section 473.667,
473.671, or 473.672; and
(3) regional transit board under section 473.446; and
(4) metropolitan mosquito control commission under section
473.711.
For purposes of this section, any levies made by the
regional rail authorities in the county of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, or Washington under chapter
398A shall be included with the appropriate county's levy and
shall be discussed at that county's public hearing.
The notice must be mailed or posted by the taxpayer by
November 27 or within three days of receipt of the notice,
whichever is later. A taxpayer may notify the county treasurer
of the address of the taxpayer, agent, caretaker, or manager of
the premises to which the notice must be mailed in order to
fulfill the requirements of this paragraph.
Sec. 24. Minnesota Statutes 1993 Supplement, section
275.065, subdivision 5a, is amended to read:
Subd. 5a. [PUBLIC ADVERTISEMENT.] (a) A city that has a
population of more than 1,000, county, a metropolitan special
taxing district as defined in subdivision 3, paragraph (i), a
regional library district established under section 134.201, or
school district shall advertise in a newspaper a notice of its
intent to adopt a budget and property tax levy or, in the case
of a school district, to review its current budget and proposed
property taxes payable in the following year, at a public
hearing. The notice must be published not less than two
business days nor more than six business days before the hearing.
The advertisement must be at least one-eighth page in size
of a standard-size or a tabloid-size newspaper. The
advertisement must not be placed in the part of the newspaper
where legal notices and classified advertisements appear. The
advertisement must be published in an official newspaper of
general circulation in the taxing authority. The newspaper
selected must be one of general interest and readership in the
community, and not one of limited subject matter. The
advertisement must appear in a newspaper that is published at
least once per week.
For purposes of this section, the metropolitan special
taxing district's advertisement must only be published in the
Minneapolis Star and Tribune and the St. Paul Pioneer Press.
(b) The advertisement must be in the following form, except
that the notice for a school district may include references to
the current budget in regard to proposed property taxes.
"NOTICE OF
PROPOSED PROPERTY TAXES
(City/County/School District/Metropolitan
Special Taxing District/Regional
Library District) of .........
The governing body of ........ will soon hold budget hearings
and vote on the property taxes for (city/county/metropolitan
special taxing district/regional library district services that
will be provided in 199_/school district services that will be
provided in 199_ and 199_).
NOTICE OF PUBLIC HEARING:
All concerned citizens are invited to attend a public hearing
and express their opinions on the proposed (city/county/school
district/metropolitan special taxing district/regional library
district) budget and property taxes, or in the case of a school
district, its current budget and proposed property taxes,
payable in the following year. The hearing will be held on
(Month/Day/Year) at (Time) at (Location, Address)."
(c) A city with a population of 1,000 or less must
advertise by posted notice as defined in section 645.12,
subdivision 1. The advertisement must be posted at the time
provided in paragraph (a). It must be in the form required in
paragraph (b).
(d) For purposes of this subdivision, the population of a
city is the most recent population as determined by the state
demographer under section 4A.02.
(e) The commissioner of revenue, subject to the approval of
the chairs of the house and senate tax committees, shall
prescribe the form and format of the advertisement.
(f) For calendar year 1993, each taxing authority required
to publish an advertisement must include on the advertisement a
statement that information on the increases or decreases of the
total budget, including employee and independent contractor
compensation in the prior year, current year, and proposed
budget year will be discussed at the hearing.
(g) Notwithstanding paragraph (f), for 1993, the
commissioner of revenue shall prescribe the form, format, and
content of an advertisement comparing current and proposed
expense budgets for the metropolitan council, the metropolitan
airports commission, and the metropolitan mosquito control
commission, and the regional transit board. The expense budget
must include occupancy, personnel, contractual and capital
improvement expenses. The form, format, and content of the
advertisement must be approved by the chairs of the house and
senate tax committees prior to publication.
Sec. 25. Minnesota Statutes 1992, section 297B.09,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL FUND SHARE.] (a) Money collected
and received under this chapter must be deposited in the state
treasury and credited to the general fund. The amounts
collected and received shall be credited as provided in this
subdivision, and transferred from the general fund on July 15
and February 15 of each fiscal year. The commissioner of
finance must make each transfer based upon the actual receipts
of the preceding six calendar months and include the interest
earned during that six-month period. The commissioner of
finance may establish a quarterly or other schedule providing
for more frequent payments to the transit assistance fund if the
commissioner determines it is necessary or desirable to provide
for the cash flow needs of the recipients of money from the
transit assistance fund.
(b) Twenty-five percent of the money collected and received
under this chapter after June 30, 1990, and before July 1, 1991,
must be transferred to the highway user tax distribution fund
and the transit assistance fund for apportionment as follows:
75 percent must be transferred to the highway user tax
distribution fund for apportionment in the same manner and for
the same purposes as other money in that fund, and the remaining
25 percent of the money must be transferred to the transit
assistance fund to be appropriated to the commissioner of
transportation for transit assistance within the state and to
the regional transit board metropolitan council.
(c) The distributions under this subdivision to the highway
user tax distribution fund until June 30, 1991, and to the trunk
highway fund thereafter, must be reduced by the amount necessary
to fund the appropriation under section 41A.09, subdivision 1.
For the fiscal years ending June 30, 1988, and June 30, 1989,
the commissioner of finance, before making the transfers
required on July 15 and January 15 of each year, shall estimate
the amount required to fund the appropriation under section
41A.09, subdivision 1, for the six-month period for which the
transfer is being made. The commissioner shall then reduce the
amount transferred to the highway user tax distribution fund by
the amount of that estimate. The commissioner shall reduce the
estimate for any six-month period by the amount by which the
estimate for the previous six-month period exceeded the amount
needed to fund the appropriation under section 41A.09,
subdivision 1, for that previous six-month period. If at any
time during a six-month period in those fiscal years the amount
of reduction in the transfer to the highway user tax
distribution fund is insufficient to fund the appropriation
under section 41A.09, subdivision 1 for that period, the
commissioner shall transfer to the general fund from the highway
user tax distribution fund an additional amount sufficient to
fund the appropriation for that period, but the additional
amount so transferred to the general fund in a six-month period
may not exceed the amount transferred to the highway user tax
distribution fund for that six-month period.
Sec. 26. Minnesota Statutes 1993 Supplement, section
352.01, subdivision 2a, is amended to read:
Subd. 2a. [INCLUDED EMPLOYEES.] (a) "State employee"
includes:
(1) employees of the Minnesota historical society;
(2) employees of the state horticultural society;
(3) employees of the Disabled American Veterans, Department
of Minnesota, Veterans of Foreign Wars, Department of Minnesota,
if employed before July 1, 1963;
(4) employees of the Minnesota crop improvement
association;
(5) employees of the adjutant general who are paid from
federal funds and who are not covered by any federal civilian
employees retirement system;
(6) employees of the state universities employed under the
university activities program;
(7) currently contributing employees covered by the system
who are temporarily employed by the legislature during a
legislative session or any currently contributing employee
employed for any special service as defined in clause (8) of
subdivision 2b;
(8) employees of the armory building commission;
(9) permanent employees of the legislature and persons
employed or designated by the legislature or by a legislative
committee or commission or other competent authority to conduct
a special inquiry, investigation, examination, or installation;
(10) trainees who are employed on a full-time established
training program performing the duties of the classified
position for which they will be eligible to receive immediate
appointment at the completion of the training period;
(11) employees of the Minnesota safety council;
(12) employees of the transit operating division of the
metropolitan transit commission and any employees on authorized
leave of absence from the transit operating division of the
former metropolitan transit commission who are employed by the
labor organization which is the exclusive bargaining agent
representing employees of the transit operating division;
(13) employees of the metropolitan council, metropolitan
parks and open space commission, regional transit board,
metropolitan transit commission, metropolitan waste control
commission, metropolitan sports facilities commission or the
metropolitan mosquito control commission unless excluded or
covered by another public pension fund or plan under section
473.141, subdivision 12, or 473.415, subdivision 3;
(14) judges of the tax court; and
(15) personnel employed on June 30, 1992, by the University
of Minnesota in the management, operation, or maintenance of its
heating plant facilities, whose employment transfers to an
employer assuming operation of the heating plant facilities, so
long as the person is employed at the University of Minnesota
heating plant by that employer or by its successor organization.
(b) Employees specified in paragraph (a), clause (15), are
included employees under paragraph (a) providing that employer
and employee contributions are made in a timely manner in the
amounts required by section 352.04. Employee contributions must
be deducted from salary. Employer contributions are the sole
obligation of the employer assuming operation of the University
of Minnesota heating plant facilities or any successor
organizations to that employer.
Sec. 27. Minnesota Statutes 1993 Supplement, section
352.01, subdivision 2b, is amended to read:
Subd. 2b. [EXCLUDED EMPLOYEES.] "State employee" does not
include:
(1) elective state officers;
(2) students employed by the University of Minnesota, the
state universities, and community colleges unless approved for
coverage by the board of regents, the state university board, or
the state board for community colleges, as the case may be;
(3) employees who are eligible for membership in the state
teachers retirement association except employees of the
department of education who have chosen or may choose to be
covered by the Minnesota state retirement system instead of the
teachers retirement association;
(4) employees of the University of Minnesota who are
excluded from coverage by action of the board of regents;
(5) officers and enlisted personnel in the national guard
and the naval militia who are assigned to permanent peacetime
duty and who under federal law are or are required to be members
of a federal retirement system;
(6) election officers;
(7) persons engaged in public work for the state but
employed by contractors when the performance of the contract is
authorized by the legislature or other competent authority;
(8) officers and employees of the senate and house of
representatives or a legislative committee or commission who are
temporarily employed;
(9) receivers, jurors, notaries public, and court employees
who are not in the judicial branch as defined in section 43A.02,
subdivision 25, except referees and adjusters employed by the
department of labor and industry;
(10) patient and inmate help in state charitable, penal,
and correctional institutions including the Minnesota veterans
home;
(11) persons employed for professional services where the
service is incidental to regular professional duties and whose
compensation is paid on a per diem basis;
(12) employees of the Sibley House Association;
(13) the members of any state board or commission who serve
the state intermittently and are paid on a per diem basis; the
secretary, secretary-treasurer, and treasurer of those boards if
their compensation is $5,000 or less per year, or, if they are
legally prohibited from serving more than three years; and the
board of managers of the state agricultural society and its
treasurer unless the treasurer is also its full-time secretary;
(14) state troopers;
(15) temporary employees of the Minnesota state fair
employed on or after July 1 for a period not to extend beyond
October 15 of that year; and persons employed at any time by the
state fair administration for special events held on the
fairgrounds;
(16) emergency employees in the classified service; except
that if an emergency employee, within the same pay period,
becomes a provisional or probationary employee on other than a
temporary basis, the employee shall be considered a "state
employee" retroactively to the beginning of the pay period;
(17) persons described in section 352B.01, subdivision 2,
clauses (2) to (5);
(18) temporary employees in the classified service,
temporary employees in the unclassified service appointed for a
definite period of not more than six months and employed less
than six months in any one-year period and seasonal help in the
classified service employed by the department of revenue;
(19) trainee employees, except those listed in subdivision
2a, clause (10);
(20) persons whose compensation is paid on a fee basis;
(21) state employees who in any year have credit for 12
months service as teachers in the public schools of the state
and as teachers are members of the teachers retirement
association or a retirement system in St. Paul, Minneapolis, or
Duluth;
(22) employees of the adjutant general employed on an
unlimited intermittent or temporary basis in the classified and
unclassified service for the support of army and air national
guard training facilities;
(23) chaplains and nuns who are excluded from coverage
under the federal Old Age, Survivors, Disability, and Health
Insurance Program for the performance of service as specified in
United States Code, title 42, section 410(a)(8)(A), as amended,
if no irrevocable election of coverage has been made under
section 3121(r) of the Internal Revenue Code of 1954, as
amended;
(24) examination monitors employed by departments,
agencies, commissions, and boards to conduct examinations
required by law;
(25) members of appeal tribunals, exclusive of the chair,
to which reference is made in section 268.10, subdivision 4;
(26) persons appointed to serve as members of fact-finding
commissions or adjustment panels, arbitrators, or labor referees
under chapter 179;
(27) temporary employees employed for limited periods under
any state or federal program for training or rehabilitation
including persons employed for limited periods from areas of
economic distress except skilled and supervisory personnel and
persons having civil service status covered by the system;
(28) full-time students employed by the Minnesota
historical society intermittently during part of the year and
full-time during the summer months;
(29) temporary employees, appointed for not more than six
months, of the metropolitan council and of any of its statutory
boards, if the board members are appointed by the metropolitan
council;
(30) persons employed in positions designated by the
department of employee relations as student workers;
(31) members of trades employed by the successor to the
metropolitan waste control commission with trade union pension
plan coverage under a collective bargaining agreement first
employed after June 1, 1977;
(32) persons employed in subsidized on-the-job training,
work experience, or public service employment as enrollees under
the federal Comprehensive Employment and Training Act after
March 30, 1978, unless the person has as of the later of March
30, 1978, or the date of employment sufficient service credit in
the retirement system to meet the minimum vesting requirements
for a deferred annuity, or the employer agrees in writing on
forms prescribed by the director to make the required employer
contributions, including any employer additional contributions,
on account of that person from revenue sources other than funds
provided under the federal Comprehensive Employment and Training
Act, or the person agrees in writing on forms prescribed by the
director to make the required employer contribution in addition
to the required employee contribution;
(33) off-duty peace officers while employed by the
metropolitan transit commission under section 629.40,
subdivision 5, or comparable statutory authority council;
(34) persons who are employed as full-time police officers
by the metropolitan transit commission council and as police
officers are members of the public employees police and fire
fund;
(35) persons who are employed as full-time firefighters by
the department of military affairs and as firefighters are
members of the public employees police and fire fund; and
(36) foreign citizens with a work permit of less than three
years, or an H-1b/JV visa valid for less than three years of
employment, unless notice of extension is supplied which allows
them to work for three or more years as of the date the
extension is granted, in which case they are eligible for
coverage from the date extended.
Sec. 28. Minnesota Statutes 1992, section 352.03,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP OF BOARD; ELECTION; TERM.] The
policy-making function of the system is vested in a board of 11
members, who must be known as the board of directors. This
board shall consist of three members appointed by the governor,
one of whom must be a constitutional officer or appointed state
official and two of whom must be public members knowledgeable in
pension matters, four state employees elected by state employees
covered by the system excluding employees in categories
specifically authorized to designate or elect a member by this
subdivision, one employee of the transit operating division of
the metropolitan transit commission or its successor agency
designated by the executive committee of the labor organization
that is the exclusive bargaining agent representing employees of
the transit division, one member of the state patrol retirement
fund elected by members of that fund at a time and in a manner
fixed by the board, one employee covered by the correctional
employees plan elected by employees covered by that plan, and
one retired employee elected by disabled and retired employees
of all plans administered by the system at a time and in a
manner to be fixed by the board. Two state employee members,
whose terms of office begin on the first Monday in May after
their election, must be elected biennially. Elected members and
the appointed transit operating division member of the
metropolitan council's office of transit operations hold office
for a term of four years, except the retired member whose term
is two years, and until their successors are elected or
appointed, and have qualified. An employee of the system is not
eligible for membership on the board of directors. A state
employee on leave of absence is not eligible for election or
reelection to membership on the board of directors. The term of
any board member who is on leave for more than six months
automatically ends on expiration of this period.
Sec. 29. Minnesota Statutes 1992, section 352.75, is
amended to read:
352.75 [TRANSFER OF PENSION COVERAGE SAVINGS CLAUSE;
INCREASE IN EXISTING ANNUITIES AND BENEFITS.]
Subdivision 1. [EXISTING EMPLOYEES.] Notwithstanding any
law to the contrary, as of July 1, 1978, all active employees of
the transit operating division of the former metropolitan
transit commission and all employees on authorized leaves of
absence from the transit operating division who are employed on
July 1, 1978, by a labor organization which is the exclusive
bargaining agent representing employees of the transit operating
division shall cease to be members of the former metropolitan
transit commission-transit operating employees retirement fund
and shall cease to have any accrual of service credit, rights,
or benefits under that retirement fund. After July 1, 1978,
those employees become members of the Minnesota state retirement
system, are considered state employees for purposes of this
chapter, unless specifically excluded by section 352.01,
subdivision 2b, and shall have past service with the transit
operating division of the former metropolitan transit commission
credited by the Minnesota state retirement system in accordance
with section 352.01, subdivision 11, clause (10). Any employees
on authorized leaves of absence from the transit operating
division of the former metropolitan transit commission who
become employed by the labor organization which is the exclusive
bargaining agent representing employees of the transit operating
division after July 1, 1978, shall be entitled to be members of
the Minnesota state retirement system under section 352.029.
Subd. 2. [NEW EMPLOYEES.] All persons first employed by
the former metropolitan transit commission as employees of the
transit operating division on or after July 1, 1978, are members
of the Minnesota state retirement system and are considered
state employees for purposes of this chapter unless specifically
excluded under section 352.01, subdivision 2b.
Subd. 3. [EXISTING RETIRED MEMBERS AND BENEFIT
RECIPIENTS.] As of July 1, 1978, the liability for all
retirement annuities, disability benefits, survivorship
annuities, and survivor of deceased active employee benefits
paid or payable by the former metropolitan transit
commission-transit operating division employees retirement fund
is transferred to the Minnesota state retirement system, and is
no longer the liability of the former metropolitan transit
commission-transit operating division employees retirement
fund. The required reserves for retirement annuities,
disability benefits, and optional joint and survivor annuities
in effect on June 30, 1978, and the required reserves for the
increase in annuities and benefits provided under subdivision 6
must be determined using a five percent interest assumption and
the applicable Minnesota state retirement system mortality table
and shall be transferred by the Minnesota state retirement
system to the Minnesota postretirement investment fund on July
1, 1978, but shall be considered transferred as of June 30,
1978. The annuity or benefit amount in effect on July 1, 1978,
including the increase granted under subdivision 6, must be used
for adjustments made under section 11A.18. For persons
receiving benefits as survivors of deceased former retirement
annuitants, the benefits must be considered as having commenced
on the date on which the retirement annuitant began receiving
the retirement annuity.
Subd. 4. [EXISTING DEFERRED RETIREES.] Any former member
of the former metropolitan transit commission-transit operating
division employees retirement fund is entitled to a retirement
annuity from the Minnesota state retirement system if the
employee:
(1) is not an active employee of the transit operating
division of the former metropolitan transit commission on July
1, 1978; (2) has at least ten years of active continuous service
with the transit operating division of the former metropolitan
transit commission as defined by the former metropolitan transit
commission-transit operating division employees retirement plan
document in effect on December 31, 1977; (3) has not received a
refund of contributions; (4) has not retired or begun receiving
an annuity or benefit from the former metropolitan transit
commission-transit operating division employees retirement fund;
(5) is at least 55 years old; and (6) submits a valid
application for a retirement annuity to the executive director
of the Minnesota state retirement system.
The person is entitled to a retirement annuity in an amount
equal to the normal old age retirement allowance calculated
under the former metropolitan transit commission-transit
operating division employees retirement fund plan document in
effect on December 31, 1977, subject to an early retirement
reduction or adjustment in amount on account of retirement
before the normal retirement age specified in that former
metropolitan transit commission-transit operating division
employees retirement fund plan document.
The deferred retirement annuity of any person to whom this
subdivision applies must be augmented. The required reserves
applicable to the deferred retirement annuity, determined as of
the date the allowance begins to accrue using an appropriate
mortality table and an interest assumption of five percent, must
be augmented by interest at the rate of five percent per year
compounded annually from January 1, 1978, to January 1, 1981,
and three percent per year compounded annually from January 1,
1981, to the first day of the month in which the annuity begins
to accrue. Upon the commencement of the retirement annuity, the
required reserves for the annuity must be transferred to the
Minnesota postretirement investment fund in accordance with
subdivision 2 and section 352.119. On applying for a retirement
annuity under this subdivision, the person is entitled to elect
a joint and survivor optional annuity under section 352.116,
subdivision 3.
Subd. 5. [SAVINGS CLAUSE FOR CERTAIN EXISTING EMPLOYEES.]
Any person who is a member of the former metropolitan transit
commission-transit operating division employees retirement fund
on July 1, 1978, is entitled to retain past and prospective
rights under the retirement benefit formula, normal retirement
age, and early reduced retirement age provisions of the former
metropolitan transit commission-transit operating division
employees retirement fund plan document in effect on July 1,
1978, in lieu of the provisions in sections 352.115; 352.116;
352.22, subdivisions 3 to 11; and 356.30.
Subd. 6. [INCREASE IN EXISTING ANNUITIES AND BENEFITS.]
All persons receiving retirement allowances or annuities,
disability benefits, survivorship annuities and survivor of
deceased active employee benefits from the former metropolitan
transit commission-transit operating division employees
retirement fund on December 31, 1977, and on July 1, 1978, are
entitled to have the allowances, annuities, or benefits
increased by an amount equal to $20 per month. Notwithstanding
section 356.18, increases in payments under this subdivision
must be made automatically unless the intended recipient files
written notice with the executive director of the Minnesota
state retirement system requesting that the increase not be
made. If any actuarial reduction or adjustment was applied to
the retirement allowance or annuity, disability benefit,
survivorship annuity, or survivor of deceased active employee
benefit, the increase specified in this subdivision must be
similarly reduced or adjusted. Upon the death of any person
receiving an annuity or benefit if the person elected a joint
and survivor optional annuity the survivor is entitled to the
continued receipt of the increase provided for under this
subdivision, but the increase must be reduced or adjusted in
accordance with the optional annuity election.
Sec. 30. Minnesota Statutes 1993 Supplement, section
352D.02, subdivision 1, is amended to read:
Subdivision 1. [COVERAGE.] (a) Employees enumerated in
paragraph (b), if they are in the unclassified service of the
state or metropolitan council and are eligible for coverage
under the general state employees retirement plan under chapter
352, are participants in the unclassified program under this
chapter unless the employee gives notice to the executive
director of the Minnesota state retirement system within one
year following the commencement of employment in the
unclassified service that the employee desires coverage under
the general state employees retirement plan. For the purposes
of this chapter, an employee who does not file notice with the
executive director is deemed to have exercised the option to
participate in the unclassified plan.
(b) Enumerated employees are:
(1) an employee in the office of the governor, lieutenant
governor, secretary of state, state auditor, state treasurer,
attorney general, or an employee of the state board of
investment;
(2) the head of a department, division, or agency created
by statute in the unclassified service, an acting department
head subsequently appointed to the position, or an employee
enumerated in section 15A.081, subdivision 1 or 15A.083,
subdivision 4;
(3) a permanent, full-time unclassified employee of the
legislature or a commission or agency of the legislature or a
temporary legislative employee having shares in the supplemental
retirement fund as a result of former employment covered by this
chapter, whether or not eligible for coverage under the
Minnesota state retirement system;
(4) a person other than an employee of the state board of
technical colleges who is employed in a position established
under section 43A.08, subdivision 1, clause (3), or subdivision
1a, or in a position authorized under a statute creating or
establishing a department or agency of the state, which is at
the deputy or assistant head of department or agency or director
level;
(5) the chair, chief administrator, and not to exceed nine
positions at the division director or administrative deputy
level of the metropolitan waste control commission as designated
by the commission; the chair, executive director, and not to
exceed three positions at the division director or assistant to
the chair level of the regional transit board; a chief
administrator who is an employee of the metropolitan transit
commission; the regional administrator, or executive director of
the metropolitan council, general counsel, division directors,
operations managers, and other positions as designated by the
council, all of which may not exceed 27 positions at the
council, and the chair, executive director, and not to exceed
nine positions at the division director or administrative deputy
level of the metropolitan council as designated by the council;
provided that upon initial designation of all positions provided
for in this clause, no further designations or redesignations
may be made without approval of the board of directors of the
Minnesota state retirement system;
(6) the executive director, associate executive director,
and not to exceed nine positions of the higher education
coordinating board in the unclassified service, as designated by
the higher education coordinating board before January 1, 1992,
or subsequently redesignated with the approval of the board of
directors of the Minnesota state retirement system, unless the
person has elected coverage by the individual retirement account
plan under chapter 354B;
(7) the clerk of the appellate courts appointed under
article VI, section 2, of the Constitution of the state of
Minnesota;
(8) the chief executive officers of correctional facilities
operated by the department of corrections and of hospitals and
nursing homes operated by the department of human services;
(9) an employee whose principal employment is at the state
ceremonial house;
(10) an employee of the Minnesota educational computing
corporation;
(11) an employee of the world trade center board;
(12) an employee of the state lottery board who is covered
by the managerial plan established under section 43A.18,
subdivision 3;
(13) an employee of the state board of technical colleges
employed in a position established under section 43A.08,
subdivision 1, clause (3), or 1a, unless the person has elected
coverage by the individual retirement account plan under chapter
354B; and
(14) an employee of the higher education board in a
position established under section 136E.04, subdivision 2,
unless the person has elected coverage by the individual
retirement account plan under chapter 354B.
Sec. 31. Minnesota Statutes 1993 Supplement, section
353.64, subdivision 7a, is amended to read:
Subd. 7a. [PENSION COVERAGE FOR CERTAIN METROPOLITAN
TRANSIT COMMISSION POLICE OFFICERS.] A person who is employed as
a full-time police officer on or after the first day of the
first payroll period after July 1, 1993, by the metropolitan
transit commission council and who is not eligible for coverage
under the agreement with the Secretary of the federal Department
of Health and Human Services making the provisions of the
federal Old Age, Survivors, and Disability Insurance Act because
the person's position is excluded from application under United
States Code, sections 418(d)(5)(A) and 418(d)(8)(D), and under
section 355.07, is a member of the public employees police and
fire fund and is considered to be a police officer within the
meaning of this section. The metropolitan transit commission
council shall deduct the employee contribution from the salary
of each full-time police officer as required by section 353.65,
subdivision 2, shall make the employer contribution for each
full-time police officer as required by section 353.65,
subdivision 3, and shall meet the employer recording and
reporting requirements in section 353.65, subdivision 4.
Sec. 32. Minnesota Statutes 1993 Supplement, section
400.08, subdivision 3, is amended to read:
Subd. 3. [SERVICE CHARGES.] The county may establish by
ordinance, revise when deemed advisable, and collect just and
reasonable rates and charges for solid waste management services
provided by the county or by others under contract with the
county. The ordinance may obligate the owners, lessees, or
occupants of property, or any or all of them, to pay charges for
solid waste management services to their properties, including
properties owned, leased, or used by the state or a political
subdivision of the state, including the regional transit board
established in section 473.373, the metropolitan airports
commission established in section 473.603, the state
agricultural society established in section 37.01, a local
government unit, and any other political subdivision, and may
obligate the user of any facility to pay a reasonable charge for
the use of the facility. Rates and charges may take into
account the character, kind, and quality of the service and of
the solid waste, the method of disposition, the number of people
served at each place of collection, and all other factors that
enter into the cost of the service, including but not limited to
depreciation and payment of principal and interest on money
borrowed by the county for the acquisition or betterment of
facilities. A notice of intention to enact an ordinance,
published pursuant to section 375.51, subdivision 2, shall
provide for a public hearing prior to the meeting at which the
ordinance is to be considered.
Sec. 33. Minnesota Statutes 1992, section 422A.01,
subdivision 9, is amended to read:
Subd. 9. "Public corporation" includes metropolitan
airports commission, metropolitan waste control commission
council and municipal employees retirement fund.
Sec. 34. Minnesota Statutes 1992, section 422A.101,
subdivision 2a, is amended to read:
Subd. 2a. [CONTRIBUTIONS BY METROPOLITAN AIRPORTS
COMMISSION AND METROPOLITAN WASTE CONTROL COMMISSION COUNCIL.]
The metropolitan airports commission and the waste control
commission metropolitan council shall pay to the Minneapolis
employees retirement fund annually in installments as specified
in subdivision 3 the share of the additional support rate
required for full amortization of the unfunded actuarial accrued
liabilities by June 30, 2020, that is attributable to employees
of airport commission or former metropolitan waste control
commission employees who are members of the fund. The amount of
the payment shall be determined as if the airport and waste
control commissions' metropolitan council's employer
contributions determined under subdivision 2 had also included a
proportionate share of a $1,000,000 annual employer amortization
contribution. The amount of this $1,000,000 annual employer
amortization contribution that would have been allocated to each
the commission or council would have been based on the share of
the fund's unfunded actuarial accrued liability attributed
to each the commission or council compared to the total unfunded
actuarial accrued liability attributed to all employers under
subdivisions 1a and 2. The determinations required under this
subdivision must be based on the most recent actuarial valuation
prepared by the actuary retained by the legislative commission
on pensions and retirement.
Sec. 35. Minnesota Statutes 1992, section 471A.02,
subdivision 8, is amended to read:
Subd. 8. [MUNICIPALITY.] "Municipality" means a home rule
charter or statutory city, county, sanitary district, or other
governmental subdivision or public corporation, including the
metropolitan council and the metropolitan waste control
commission.
Sec. 36. Minnesota Statutes 1992, section 473.121,
subdivision 5a, is amended to read:
Subd. 5a. [METROPOLITAN AGENCY.] "Metropolitan agency"
means the metropolitan parks and open space commission, regional
transit board, metropolitan transit commission, metropolitan
waste control commission, metropolitan airports commission, and
metropolitan sports facilities commission.
Sec. 37. Minnesota Statutes 1992, section 473.121,
subdivision 24, is amended to read:
Subd. 24. [METROPOLITAN DISPOSAL SYSTEM.] "Metropolitan
disposal system" means any or all of the interceptors or
treatment works owned or operated by the metropolitan waste
control commission council.
Sec. 38. Minnesota Statutes 1992, section 473.123,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] A metropolitan council with
jurisdiction in the metropolitan area is created established as
a public corporation and political subdivision of the state. It
shall be under the supervision and control of 17 members, all of
whom shall be residents of the metropolitan area.
Sec. 39. Minnesota Statutes 1992, section 473.129, is
amended to read:
473.129 [ADMINISTRATION POWERS OF METROPOLITAN COUNCIL.]
Subdivision 1. [GENERAL POWERS.] The metropolitan council
shall have and exercise all powers which may be necessary or
convenient to enable it to perform and carry out the duties and
responsibilities now existing or which may hereafter be imposed
upon it by law. Such powers include the specific powers
enumerated in this section.
Subd. 2. [OFFICERS AND EMPLOYEES.] The metropolitan
council may shall prescribe all terms and conditions for the
employment of its officers, employees, and agents including, but
not limited to the fixing of, adopting a compensation, their and
classification, benefits, and the filing of performance and
fidelity bonds and such policies of insurance as it may deem
advisable, the premium for which, however, shall be paid for by
the district. Officers and plan for its employees. Employees
of the metropolitan council, however, are public employees. The
compensation and other conditions of employment of such officers
and employees shall not be governed by any rule applicable to
state employees in the classified service nor to any of the
provisions of chapter 15A, unless the council so provides.
Those employed by the metropolitan council and are members of
the Minnesota state retirement system. Those employed by a
predecessor of the metropolitan council and transferred to it
may at their option become members of the Minnesota state
retirement system or may continue as members of the public
retirement association to which they belonged as employees of
the predecessor of the metropolitan council. The metropolitan
council shall make the employer's contributions to pension funds
of its employees.
Subd. 3. [CONSULTING CONTRACTS.] The metropolitan council
may contract for the services of consultants who perform
engineering, legal, or services of a professional nature. Such
contracts shall not be subject to the requirements of any law
relating to public bidding.
Subd. 4. [GIFTS AND APPROPRIATIONS.] The metropolitan
council may accept gifts, apply for and use grants or loans of
money or other property from the United States, the state, or
any person for any metropolitan council purpose and may enter
into agreements required in connection therewith and may hold,
use, and dispose of such moneys or property in accordance with
the terms of the gift, grant, loan, or agreement relating
thereto. All moneys of the metropolitan council received
pursuant to this subdivision or any other provision of law shall
be deposited in the state treasury and the amount thereof is
appropriated annually to the metropolitan council for the
purposes of carrying out its duties and responsibilities.
Subd. 5. [LOCAL GOVERNMENTAL PARTICIPATION.] The
metropolitan council may (1) participate as a party in any
proceedings originating before the Minnesota municipal board
under chapter 414, if the proceedings involve the change in a
boundary of a governmental unit in the metropolitan area, and (2)
conduct studies of the feasibility of annexing, enlarging, or
consolidating units in the metropolitan area, (3) furnish space
and other necessary assistance to a metropolitan expediter
assigned to the metropolitan area or any part thereof under the
Federal Demonstration City Act of 1966, on condition that such
expediter files monthly reports with the metropolitan council
concerning the expediter's activities.
Subd. 6. [PARTICIPATION IN METROPOLITAN AREA COMMISSIONS
AND BOARDS.] (a) The metropolitan council shall appoint from its
membership a member to serve with the metropolitan airports
commission, a member to serve with the mosquito control
commission, a member to serve on the Minneapolis-St. Paul
sanitary district or any successor thereof, and may appoint a
member to serve on any each metropolitan area commission or
board authorized by law agency. Each member of the metropolitan
council so appointed on each of such commissions agencies shall
serve without a vote.
(b) The metropolitan council shall also appoint individuals
to the governing body of the cable communications metropolitan
interconnected regional channel entity under section 238.43,
subdivision 5.
Subd. 7. [PROPERTY.] The council may acquire, own, hold,
use, improve, operate, maintain, lease, exchange, transfer,
sell, or otherwise dispose of personal or real property,
franchises, easements, or property rights or interests of any
kind.
Subd. 8. [INSURANCE.] The council may provide for
self-insurance or otherwise provide for insurance relating to
any of its property, rights, or revenue, workers' compensation,
public liability, or any other risk or hazard arising from its
activities, and may provide for insuring any of its officers or
employees against the risk or hazard at the expense of the
council. If the council provides for self-insurance, against
its liability and the liability of its officers, employees, and
agents for damages resulting from its torts and those of its
officers, employees, and agents, including its obligation to pay
basic economic loss benefits under sections 65B.41 to 65B.71, it
shall be entitled to deduct from damages and basic economic loss
benefits all money paid or payable to the persons seeking
damages and benefits from all governmental entities providing
medical, hospital, and disability benefits except for payments
made under the aid to families with dependent children or
medical assistance programs.
Subd. 9. [INVESTIGATIONS.] When necessary and proper to
the performance of its duties, the council may enter in a
reasonable manner upon any premises for the purpose of making
any reasonably necessary or proper investigations and
examinations. The entry is not a trespass. The council is
liable for any actual and consequential loss, injury, or damage
from the entry. When necessary and proper to the performance of
its duties, the council or its authorized agents may require the
production of accounts, books, records, memoranda,
correspondence, and other documents and papers of a person
receiving financial assistance from the council, may inspect and
copy them, and may have access to and may inspect the lands,
buildings, facilities, or equipment of the person.
Sec. 40. Minnesota Statutes 1993 Supplement, section
473.13, subdivision 1, is amended to read:
Subdivision 1. [BUDGET.] (a) On or before December 20 of
each year the council, after the public hearing required in
section 275.065, shall adopt a final budget covering its
anticipated receipts and disbursements for the ensuing year and
shall decide upon the total amount necessary to be raised from
ad valorem tax levies to meet its budget. The budget shall
state in detail the expenditures for each program to be
undertaken, including the expenses for salaries, consultant
services, overhead, travel, printing, and other items. The
budget shall state in detail the capital expenditures of the
council for the budget year, based on a five-year capital
program adopted by the council and transmitted to the
legislature. After adoption of the budget, an increase of over
$10,000 in the council's budget, a program or department budget,
or a budget item, must be approved by the council before the
increase is allowed or the funds obligated. After adoption of
the budget and no later than five working days after December
20, the council shall certify to the auditor of each
metropolitan county the share of the tax to be levied within
that county, which must be an amount bearing the same proportion
to the total levy agreed on by the council as the net tax
capacity of the county bears to the net tax capacity of the
metropolitan area. The maximum amount of any levy made for the
purpose of this chapter may not exceed the limits set by
sections 473.167 and 473.249.
(b) Each even-numbered year the council shall prepare for
its transit programs a financial plan for the succeeding three
calendar years, in half-year segments. The financial plan 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
council during the period of the plan. The financial plan must
contain a proposed request for state financial assistance for
the succeeding biennium.
(c) In addition, the budget must show for each year:
(1) the estimated operating revenues from all sources
including funds on hand at the beginning of the year, and
estimated expenditures for costs of operation, administration,
maintenance, and debt service;
(2) capital improvement funds estimated to be on hand at
the beginning of the year and estimated to be received during
the year from all sources and estimated cost of capital
improvements to be paid out or expended during the year, all in
such detail and form as the council may prescribe; and
(3) the estimated source and use of pass-through funds.
Sec. 41. Minnesota Statutes 1992, section 473.13,
subdivision 4, is amended to read:
Subd. 4. [ACCOUNTS; AUDITS.] The council shall keep an
accurate account of its receipts and disbursements.
Disbursements of council money must be made by check, signed by
the chair or vice-chair of the council, and countersigned by its
director or assistant director regional administrator or
designee after whatever auditing and approval of the expenditure
may be provided by rules of required by the council. The state
auditor shall audit the books and accounts of the council once
each year, or as often as funds and personnel of the state
auditor permit. The council shall pay to the state the total
cost and expenses of the examination, including the salaries
paid to the auditors while actually engaged in making the
examination. The general fund must be credited with all
collections made for any examination.
Sec. 42. Minnesota Statutes 1992, section 473.146,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] The council shall adopt a
long-range comprehensive policy plan for each metropolitan
agency required to prepare an implementation plan under section
473.161 transportation, airports, and wastewater treatment. The
plans must substantially conform to all policy statements,
purposes, goals, standards, and maps in the development guide
developed and adopted by the council under this chapter. Each
policy plan must include, to the extent appropriate to the
functions, services, and systems covered, the following:
(1) forecasts of changes in the general levels and
distribution of population, households, employment, land uses,
and other relevant matters, for the metropolitan area and
appropriate subareas, to be used in preparing the implementation
plan of the affected metropolitan agency;
(2) a statement of issues, problems, needs, and
opportunities with respect to the functions, services, and
systems covered;
(3) a statement of the council's goals, objectives, and
priorities with respect to the functions, services, and systems
covered, addressing areas and populations to be served, the
levels, distribution, and staging of services; a general
description of the facility systems required to support the
services, and other similar matters;
(4) a statement of policies to effectuate the council's
goals, objectives, and priorities;
(5) a statement of the fiscal implications of the council's
plan, including a statement of: (i) the resources available
under existing fiscal policy; (ii) the adequacy of resources
under existing fiscal policy and any shortfalls and unattended
needs; (iii) additional resources, if any, that are or may be
required to effectuate the council's goals, objectives, and
priorities; and (iv) any changes in existing fiscal policy, on
regional revenues and intergovernmental aids respectively, that
are expected or that the council has recommended or may
recommend;
(6) a statement of the standards, criteria, and procedures
that the council will use in monitoring and evaluating the
implementation of the plan;
(7) a statement of the matters that must be addressed in
the implementation plan of the affected metropolitan agency;
(8) a statement of the relationship of the policy plan to
other policy plans and chapters of the metropolitan development
guide;
(9) (7) a statement of the relationships to local
comprehensive plans prepared under sections 473.851 to 473.872;
and
(10) (8) additional general information as may be necessary
to develop the policy plan or as may be required by the laws
relating to the metropolitan agency and function covered by the
policy plan.
Sec. 43. Minnesota Statutes 1992, section 473.146,
subdivision 4, is amended to read:
Subd. 4. [TRANSPORTATION PLANNING.] The metropolitan
council is the designated planning agency for any long-range
comprehensive transportation planning required by section 134 of
the Federal Highway Act of 1962, Section 4 of Urban Mass
Transportation Act of 1964 and Section 112 of Federal Aid
Highway Act of 1973 and other federal transportation laws. The
council shall assure administration and coordination of
transportation planning with appropriate state, regional and
other agencies, counties, and municipalities, and shall
establish an advisory body consisting of citizens,
representatives of the regional transit board, citizens,
municipalities, counties, and state agencies in fulfillment of
the planning responsibilities of the council and the transit
board.
Sec. 44. Minnesota Statutes 1992, section 473.149,
subdivision 3, is amended to read:
Subd. 3. [PREPARATION AND ADOPTION.] The solid waste
policy plan shall be prepared, adopted, and amended in
accordance with section 473.146, subdivision 2, provided that
the procedural duties and responsibilities established therein
for the affected metropolitan agency shall extend to, after
consultation with the metropolitan counties and the pollution
control agency. In addition to the requirements of section
473.146, subdivision 2, the council shall send notice of any
hearing to the pollution control agency and the governing body
of each metropolitan county and each local governmental unit, as
defined in section 473.801, wherein a solid waste facility is or
may be located in accordance with the plan. Any comprehensive
plan adopted by the council shall remain in force and effect
while new or amended plans are being prepared and adopted by the
council. By October 1, 1976, the council shall adopt either
interim policies or amendments to the existing comprehensive
plan establishing standards and criteria for the review under
section 473.823 of permit applications for solid waste
facilities used primarily for resource recovery. For permit
applications received by the council prior to October 1, 1976,
the council may extend the time period provided for review under
section 473.823 until 60 days after the adoption of the interim
policies or amendments. No metropolitan county, local
government unit, commission, or person shall acquire, construct,
improve or operate any solid waste facility in the metropolitan
area except in accordance with the council's plan and section
473.823, provided that no solid waste facility in use when a
plan is adopted shall be discontinued solely because it is not
located in an area designated in the plan as acceptable for the
location of such facilities.
Sec. 45. Minnesota Statutes 1992, 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. 46. Minnesota Statutes 1993 Supplement, section
473.1623, subdivision 3, is amended to read:
Subd. 3. [FINANCIAL REPORT.] By February December 15 of
even-numbered years, the council, in consultation with the
advisory committee, shall publish a consolidated financial
report for the council and all metropolitan agencies and their
functions, services, and systems. The financial report must
cover the calendar year in which the report is published and the
three two years preceding and two three years succeeding that
year. The financial report must contain the following
information, for each agency, function, or system, respectively,
and in the aggregate, in a consistent format that allows
comparison over time and among agencies in expenditure and
revenue categories:
(1) financial policies, goals, and priorities;
(2) levels and allocation of public expenditure, including
capital, debt, operating, and pass-through funds, stated in the
aggregate and by appropriate functional, programmatic,
administrative, and geographic categories, and the changes in
expenditure levels and allocations that the report represents;
(3) the resources available under existing fiscal policy;
(4) additional resources, if any, that are or may be
required;
(5) changes in council or agency policies on regional
sources of revenue and in levels of debt, user charges, and
taxes;
(6) other changes in existing fiscal policy, on regional
revenues and intergovernmental aids respectively, that are
expected or that have been or may be recommended by the council
or the respective agencies;
(7) an analysis that links, as far as practicable, the uses
of funds and the sources of funds, by appropriate categories and
in the aggregate;
(8) a description of how the fiscal policies effectuate
current policy and implementation plans of the council and
agencies concerned; and
(9) a summary of significant changes in council and agency
finance and an analysis of fiscal trends.
The council shall present the report for discussion and
comment at a public meeting in the metropolitan area and
request, in writing, an opportunity to make presentations on the
report before appropriate committees of the legislature.
Sec. 47. Minnesota Statutes 1992, section 473.164, is
amended to read:
473.164 [PAYMENT OF METROPOLITAN COUNCIL COSTS.]
Subdivision 1. The metropolitan parks and open space
commission, the regional transit board, the metropolitan waste
control sports facilities commission, and the metropolitan
airports commission shall annually reimburse the council for
costs incurred by the council in the discharge of its
responsibilities relating to the commission or board. The costs
may be charged against any revenue sources of the commission or
board as determined by the commission or board.
Subd. 2. On or before May 1 of each year, the council
shall transmit to each commission or board an estimate of the
costs which the council will incur in the discharge of its
responsibilities related to the commission or board in the next
budget year including, without limitation, costs in connection
with the preparation, review, implementation and defense of
plans, programs and budgets of the commission or board. Each
commission or board shall include the estimates in its budget
for the next budget year and may transmit its comments
concerning the estimated amount to the council during the budget
review process. Prior to December 15 of each year, the amount
budgeted by each commission or board for the next budget year
may be changed following approval by the council. During each
budget year, the commission or board shall transfer budgeted
funds to the council in advance when requested by the council.
Subd. 3. At the conclusion of each budget year, the
council, in cooperation with each commission or board, shall
adopt a final statement of costs incurred by the council for
each commission or board. Where costs incurred in the budget
year have exceeded the amount budgeted, each commission or board
shall transfer to the council the additional moneys needed to
pay the amount of the costs in excess of the amount budgeted,
and shall include a sum in its next budget. Any excess of
budgeted costs over actual costs may be retained by the council
and applied to the payment of budgeted costs in the next year.
Costs incurred during 1976 shall be reimbursed to the council on
or before December 31, 1976, following receipt and in accordance
with a statement of costs transmitted by the council.
Notwithstanding the provisions of this section, after July 1,
1981, the metropolitan council shall not charge the regional
transit board for any costs incurred by the council for the
study of light rail transit unless the study plan and budget
have been approved by the board.
Sec. 48. Minnesota Statutes 1993 Supplement, section
473.167, subdivision 1, is amended to read:
Subdivision 1. [CONTROLLED ACCESS HIGHWAYS AND TRANSIT
FIXED-GUIDEWAYS; COUNCIL APPROVAL.] Before acquiring land for or
constructing a controlled access highway or transit
fixed-guideway in the area, the state transportation department
or local government unit proposing the acquisition or
construction shall submit to the council a statement describing
the proposed project. The statement must be in the form and
detail required by the council. Immediately upon receipt of the
statement, the council shall transmit a copy to the regional
transit board, which shall review and evaluate the project in
relationship to the board's implementation plan and report its
recommendations and comments to the council. The council shall
also review the statement to ascertain its consistency with its
policy plan and the development guide. No project may be
undertaken unless the council determines that it is consistent
with the policy plan and implementation plan. This approval is
in addition to the requirements of any other statute, ordinance
or rule.
Sec. 49. Minnesota Statutes 1992, section 473.168,
subdivision 2, is amended to read:
Subd. 2. The metropolitan council in consultation with the
regional transit board may require that any freeway constructed
in the metropolitan area on which actual construction has not
been commenced by April 12, 1974 include provisions for
exclusive lanes for buses and, as the council may determine,
other forms of multipassenger transit. The council, in making
its determination, must demonstrate that the exclusive lanes are
necessary to implement the transportation policy plan of the
development guide.
Sec. 50. Minnesota Statutes 1992, section 473.173,
subdivision 3, is amended to read:
Subd. 3. In developing the rules, the council and the
advisory metropolitan land use committee, as defined in section
473.852, shall give consideration to all factors deemed relevant
including but not limited to the following:
(1) The impact a proposed matter will have on the orderly,
economical development, public and private, of the metropolitan
area and its consistency with the metropolitan development
guide;
(2) The relationship a proposed matter will have to the
policy statement goals, standards, programs, and other
applicable provisions of the development guide;
(3) The impact a proposed matter will have on policy plans
adopted by the council and on the implementation plans and
functions performed and to be performed by a metropolitan agency
that is subject to section 473.161;
(4) Functions of municipal governments in respect to
control of land use as provided for under the municipal planning
act.
Sec. 51. Minnesota Statutes 1992, section 473.173,
subdivision 4, is amended to read:
Subd. 4. The rules shall include, without limitation,
provisions to effectuate and comply with the following powers
and requirements:
(1) No applicant shall be required to submit a proposed
matter for review more than once unless it is materially altered.
(1a) A public hearing shall be held prior to the final
determination with regard to a proposed matter.
(2) The council shall be empowered to suspend action on a
proposed matter during the period of review and for a period not
to exceed 12 months following the issuance of its final
determination. In its final determination, the council may
prescribe appropriate conditions with regard to a proposed
matter which, if incorporated or complied with, would cause the
council to remove the suspension.
(3) The council's recommendation or determination
concerning a proposed matter, including the determination as to
its metropolitan significance, shall be issued within 90 days
following its receipt of a proposal accompanied by adequate
supporting information, unless all parties consent in writing to
an extension. The council shall extend the time to complete the
proceeding by an additional 30 days if the council determines
that a fair hearing cannot be completed in the time allowed. To
avoid duplication, the review may be suspended for not more than
90 days to await completion of review of a matter by another
public agency.
(4) The council shall be required to review a proposed
matter upon request of an affected local governmental unit or
metropolitan agency that is subject to section 473.161. The
rules shall include a procedure for review of a proposed matter
upon petition by a specified number of residents of the
metropolitan area 18 years of age or older.
(5) The council shall be empowered to review all proposed
matters of metropolitan significance regardless of whether the
council has received a request from an affected body to conduct
that review.
(6) The council shall review all proposed matters
determined to be of metropolitan significance as to their
consistency with and effect upon metropolitan system plans as
defined in section 473.852 and their adverse effects on other
local governmental units.
(7) Previously The council's approved policy plans and
implementation plans and areas of operational authority of
metropolitan agencies that are subject to section 473.161 shall
not be subject to review under this section, except as
specifically provided in section 473.171.
(8) When announcing the scope of a significance review in
the notice commencing the review, the council shall state with
particularity, with respect to each issue identified in the
scoping document, the policies, provisions, statements, or other
elements in metropolitan development guide chapters or policy
plans and any other criteria or standards that will be
considered or relied on in assessing and determining the
metropolitan significance of the proposed project. The
statement may be amended by notice to all parties given at least
seven days before the public hearing. The statement does not
preclude council comment on the consistency of the proposed
project with any plans or policies of the council.
(9) Hearings must be conducted in accordance with the
following procedures, unless waived in writing by the parties:
(a) The parties have the right to counsel.
(b) All testimony must be under oath.
(c) A complete and accurate record of all proceedings must
be maintained.
(d) Any party or witness may be questioned by the hearing
committee or judge, or by other parties.
(e) The burden of proof that a matter is of metropolitan
significance is on the council.
(f) Decisions of the council on the metropolitan
significance of a project must be based on a fair preponderance
of the relevant evidence contained in the record and on written
findings.
Sec. 52. Minnesota Statutes 1992, section 473.223, is
amended to read:
473.223 [FEDERAL AID.]
For the purposes of this section the term "governmental
subdivision" includes municipalities, counties and other
political subdivisions generally. If federal aid for
transportation programs and projects is otherwise unavailable to
an existing agency or governmental subdivision, the metropolitan
council may cooperate with the government of the United States
and any agency or department thereof and the affected agency or
other governmental subdivision in establishing metropolitan area
eligibility to receive federal aid, and may comply with the
provisions of the laws of the United States and any rules and
regulations made thereunder for the expenditure of federal
moneys upon such projects as are proposed for federal
assistance. If necessary to meet federal requirements, the
council, the regional transit board, and the metropolitan
transit commission may be considered a single eligible unit to
carry out their respective responsibilities. The metropolitan
council may accept federal aid and other aid, either public or
private, for and in behalf of the metropolitan area or any
governmental subdivision of the state, for transportation
programs and projects within the metropolitan area upon such
terms and conditions as are or may be prescribed by the laws of
the United States and any rules or regulations made thereunder,
and is authorized to act as agent of any governmental
subdivision of the state with jurisdiction in the metropolitan
area upon request of such subdivision in accepting the aid in
its behalf for such programs or projects financed either in
whole or in part by federal aid. The governing body of any such
subdivision is authorized to designate the metropolitan council
as its agent for such purposes and to enter into an agreement
with the council prescribing the terms and conditions of the
agency relationship in accordance with state and federal laws,
rules and regulations. The metropolitan council is authorized
to designate an appropriate state agency as its agent for such
purposes and to enter into an agreement with such agency
prescribing the terms and conditions of the agency relationship
in accordance with state and federal laws, rules and regulations.
Nothing contained herein shall limit any separate authority
of agencies or governmental subdivisions of the state to
contract for and receive federal aid.
Sec. 53. Minnesota Statutes 1992, section 473.303,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP; APPOINTMENTS.] The commission shall
consist of eight members, plus a chair appointed as provided in
subdivision 3. The metropolitan council shall appoint the eight
members in accordance with the provisions of section
473.141. (a) The 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 4;
(3) district C, consisting of council districts 5 and 6;
(4) district D, consisting of council districts 7 and 8;
(5) district E, consisting of council districts 9 and 10;
(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. 54. Minnesota Statutes 1992, section 473.303,
subdivision 3a, is amended to read:
Subd. 3a. [MEMBERS; DUTIES.] Members have the duties
imposed by section 473.141, subdivision 3a. Each member shall
communicate regularly with metropolitan council members,
legislators, and local government officials in the district the
member represents.
Sec. 55. Minnesota Statutes 1992, section 473.303,
subdivision 4, is amended to read:
Subd. 4. [QUALIFICATIONS.] Each member shall be a resident
of the commission district for which appointed and shall not
during terms of office as a commission member hold the office of
metropolitan council member, or be a member of the metropolitan
transit commission, metropolitan waste control commission, or
metropolitan airports commission; or any other metropolitan
agency, board, or commission hereafter established by the
legislature or hold any judicial office.
Sec. 56. Minnesota Statutes 1992, section 473.303,
subdivision 4a, is amended to read:
Subd. 4a. [TERMS.] Following each apportionment of
metropolitan council districts, as provided under section
473.123, subdivision 3a, the metropolitan council appointed as
provided in section 473.123, subdivision 3a, shall appoint a
chair and eight commission members from newly drawn districts.
The terms of members and chairs are as follows: members
representing commission districts A, B, C, and D, and the chair
of the commission, for terms ending the first Monday in January
of the year ending in the numeral "7"; members representing
commission districts E, F, G, and H, for terms ending the first
Monday in January of the year ending in the numeral "5."
Thereafter the term of each member and the chair is four years,
with terms ending the first Monday in January, except that all
terms expire on the effective date of the next apportionment.
The chair shall continue to serve until a successor is appointed
and qualified. A member shall continue to serve the commission
district until a successor is appointed and qualified; except
that, following each apportionment, the member shall continue to
serve at large until the metropolitan council appointed pursuant
to section 473.123, subdivision 3a appoints eight commission
members as provided under subdivision 2, to serve terms as
provided under this subdivision. The appointments to the
commission must be made by the first Monday in May of the year
in which the term ends.
Sec. 57. Minnesota Statutes 1992, section 473.303,
subdivision 5, is amended to read:
Subd. 5. [VACANCIES; REMOVAL.] If the office of any
commission member or the chair becomes vacant, the vacancy shall
be filled by appointment in the same manner the original
appointment was made. Members, other than the chair, may be
removed by the council only for cause in the manner specified in
chapter 351. The chair may be removed at the pleasure of the
council.
Sec. 58. Minnesota Statutes 1992, section 473.303,
subdivision 6, is amended to read:
Subd. 6. [COMPENSATION.] Members and the chair shall
be compensated as provided in section 473.141, subdivision 7
paid $50 for each day when the member or chair attends one or
more meetings, or provides other services, as authorized by the
commission, and shall be reimbursed for all actual and necessary
expenses incurred in the performance of duties.
Sec. 59. Minnesota Statutes 1992, section 473.371,
subdivision 1, is amended to read:
Subdivision 1. [POLICY.] The legislature finds that, for
the provision of essential mobility and transportation options
in the metropolitan area, for the encouragement of alternatives
to the single-occupant vehicle and for the development of
transportation service designed to meet public needs efficiently
and effectively, there is a need for the creation of regional
transit programs and agencies with the powers and duties
prescribed by law in the metropolitan area.
Sec. 60. Minnesota Statutes 1992, section 473.373,
subdivision 1a, is amended to read:
Subd. 1a. [DUTIES OF THE BOARD.] (a) The duties of the
board are:
(1) to foster effective delivery of existing transit
services and encourage innovation in transit service;
(2) to increase transit service in suburban areas;
(3) to prepare implementation and financial plans for the
metropolitan transit system;
(4) 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;
(5) to advise and work cooperatively with local
governments, regional rail authorities, and other public
agencies, transit providers, developers, and other persons in
order to coordinate all transit modes and to increase the
availability of transit services;
(6) to conduct transit research and evaluation; and
(7) to administer state and metropolitan transit subsidies.
(b) Except as provided in section 473.386, the board shall
arrange with others for the delivery and provision of transit
services and facilities. To the greatest extent possible, the
board shall avoid direct operational planning, administration,
and management of specific transit services and facilities.
(c) The board shall advise the council, the council's
transportation advisory board, the department of transportation,
political subdivisions, and private developers on the transit
aspects and effects of proposed transportation plans and
development projects and on methods of improving the
coordination, availability, and use of transit services as part
of an efficient and effective overall transportation system.
Sec. 61. Minnesota Statutes 1992, section 473.375,
subdivision 4, is amended to read:
Subd. 4. [PROPERTY.] The board may acquire by purchase,
lease, gift, or grant property and interests in property
necessary for the accomplishment of its purposes and may sell or
otherwise dispose of property which it no longer requires. The
board may not rent or lease any premises from a recipient of
financial assistance from the board. Except for the rental or
lease of its office space, the board may not acquire or hold any
permanent or temporary right, title, or interest in or to real
property, including easements or development rights. Except as
provided in section 473.386, the board may not acquire or hold
any permanent or temporary right, title, or interest in or to
transit vehicles.
Sec. 62. Minnesota Statutes 1992, section 473.375,
subdivision 11, is amended to read:
Subd. 11. [RIDESHARING.] Upon certification by the board,
after June 30, 1985, that it has adopted an approved interim
implementation plan and is ready to assume responsibilities for
the program, the board shall assume the responsibilities
identified by the board that are imposed on the commissioner of
transportation, the metropolitan council, or the transit
commission pursuant to section 174.257 and other applicable
provisions of law for the establishment and implementation of a
ridesharing program in the metropolitan area, except for the
statewide vanpool leasing program conducted by the
commissioner. The commissioner, the council, and the commission
shall cooperate with the board in the transfer of these duties
and The council shall administer a ridesharing program in the
metropolitan area, except for the statewide vanpool leasing
program conducted by the commissioner of transportation and
shall cooperate with the commissioner in the conduct of
ridesharing activities in areas where the commissioner's
programs and the board's council's program overlap. The board
council shall establish a rideshare advisory committee to advise
it in carrying out the program. The board council may contract
for services in operating the program.
Sec. 63. Minnesota Statutes 1992, section 473.375,
subdivision 12, is amended to read:
Subd. 12. [ASSISTANCE.] The board council shall offer,
use, and apply its services to assist and advise transit
providers in the metropolitan transit area in the planning,
promotion, development, operation, and evaluation of programs
and projects which are undertaken or proposed to be undertaken
by contract with the board council, and shall seek out and
select recipients of this assistance and advice.
Sec. 64. Minnesota Statutes 1992, section 473.375,
subdivision 13, is amended to read:
Subd. 13. [FINANCIAL ASSISTANCE.] The board council may
provide financial assistance to the commission and other
providers as provided in sections 473.371 to 473.449 in
furtherance of and in conformance with the implementation plan
of the board. The board council may not use the proceeds of
bonds issued by the council under section 473.39 to provide
capital assistance to private, for-profit operators of public
transit.
No political subdivision within the metropolitan area may
apply for federal transit assistance unless its application has
been submitted to and approved by the council.
Sec. 65. Minnesota Statutes 1992, section 473.375,
subdivision 14, is amended to read:
Subd. 14. [COORDINATION.] The board council shall
coordinate transit operations within the metropolitan area and
shall establish a transit information program to provide transit
users with accurate information on transit schedules and service.
Sec. 66. Minnesota Statutes 1992, section 473.375,
subdivision 15, is amended to read:
Subd. 15. [PERFORMANCE STANDARDS.] The board council may
establish performance standards for recipients of financial
assistance.
Sec. 67. Minnesota Statutes 1992, section 473.375,
subdivision 18, is amended to read:
Subd. 18. [OPERATIONS.] The board may not own or operate
transit services, except as provided in section 473.386.
Sec. 68. Minnesota Statutes 1992, section 473.382, is
amended to read:
473.382 [LOCAL PLANNING AND DEVELOPMENT PROGRAM.]
In preparing and amending its implementation plan pursuant
to section 473.377, The transit board council shall establish a
program to ensure participation by representatives of local
government units and the coordination of the planning and
development of transit by local government units. The board
council shall encourage the establishment of local transit
planning and development boards by local governments for the
purpose of:
(a) assisting and advising the transit board in preparing
the implementation plan, including the identification
of identifying service needs and objectives;
(b) preparing, or advising and assisting local units of
government in preparing the transit study and service plan
required by section 473.384;
(c) preparing or advising the transit board council in the
review of applications for assistance under section 473.384.
The board council may provide local boards with whatever
assistance it deems necessary and appropriate.
Sec. 69. Minnesota Statutes 1992, section 473.384,
subdivision 1, is amended to read:
Subdivision 1. [CONTRACTS REQUIRED.] The transit board
council shall make contracts with eligible recipients for
financial assistance to transit service within the metropolitan
area. The board council may not give financial assistance to a
another transit provider other than the commission without first
having executed a contract. The provisions of this section do
not apply to contracts made under sections 473.386 and 473.388.
Sec. 70. Minnesota Statutes 1992, section 473.384,
subdivision 3, is amended to read:
Subd. 3. [APPLICATIONS.] The board council shall establish
procedures and standards for review and approval of applications
for financial assistance under this section consistent with its
approved implementation plan. An applicant must provide the
board council with the financial and other information the board
council requires to carry out its duties. The board council may
specify procedures, including public hearing requirements, to be
followed by applicants that are cities, towns, or counties or
combinations thereof in conducting transit studies and
formulating service plans under subdivisions 4 and 5.
Sec. 71. Minnesota Statutes 1992, section 473.384,
subdivision 4, is amended to read:
Subd. 4. [TRANSIT STUDY.] The board council shall require
that prior to applying for financial assistance by contract
under clause (a) of subdivision 2, the applicant must prepare
and submit a transit study which includes the following elements:
(a) a determination of existing and future transit needs
within the area to be served, and an assessment of the adequacy
of existing service to meet the needs;
(b) an assessment of the level and type of service required
to meet unmet needs;
(c) an assessment of existing and future resources
available for the financing of transit service; and
(d) the type or types of any new government arrangements or
agreements needed to provide adequate service.
The transit study for any applicant may be done by the
board council.
Sec. 72. Minnesota Statutes 1992, section 473.384,
subdivision 5, is amended to read:
Subd. 5. [SERVICE PLAN.] The board council shall, before
making a contract with an eligible recipient, require the
submission of a service plan which includes the following
elements:
(a) a description of the service proposed for financial
assistance, including vehicles, routes, and schedules;
(b) an assessment of the extent to which the proposed
service meets the needs as determined by the transit study;
(c) a description of the contract administration and review
process if the operation of the proposed service is to be done
by a private contractor;
(d) a description of the amount required to establish and
operate the proposed service and the proposed sources of the
required amount including operating revenue, other local
sources, and assistance from the board council and from federal
sources;
(e) the fare structure of the proposed service; and
(f) projections of usage of the system.
The board council may specify procedures, including public
hearing requirements, to be followed by applicants that are
cities, towns, or counties or combinations thereof in conducting
transit studies and formulating service plans.
Sec. 73. Minnesota Statutes 1992, section 473.384,
subdivision 6, is amended to read:
Subd. 6. [FINANCIAL ASSISTANCE FOR CERTAIN PROVIDERS.] The
board council shall provide financial assistance to recipients
who were receiving assistance by contract with the commissioner
of transportation under Minnesota Statutes 1982, section 174.24,
subdivision 3 on July 1, 1984, so that the percentage of total
operating cost, as defined by the board council, paid by the
recipient from all local sources of revenue, including operating
revenue, does not exceed the percentage for the recipient's
classification as determined by the commissioner of
transportation under the commissioner's final contract with the
recipient. The board council may include funds received under
section 473.446, subdivision 1a, as a local source of revenue.
The remainder of the total operating cost will be paid by
the board council less all assistance received by the recipient
for that purpose from any federal source.
If a recipient informs the board council in writing prior
to the distribution of financial assistance for any year that
paying its designated percentage of total operating cost from
local sources will cause undue hardship, the board council may
adjust the percentage as it deems equitable. If for any year
the funds available to the board council are insufficient to
allow the board council to pay its share of total operating cost
for those recipients, the board council shall reduce its share
in each classification to the extent necessary.
Sec. 74. Minnesota Statutes 1992, section 473.384,
subdivision 7, is amended to read:
Subd. 7. [MTC TRANSIT OPERATIONS IMPACT ASSESSMENT.] Prior
to entering into a contract for operating assistance with a
recipient other than the transit commission, the board council
shall evaluate the effect, if any, of the contract on the
ridership, routes, schedules, fares, and staffing levels of the
existing and proposed service provided by the commission
council. A copy of the assessment must be provided to the
commission. The board council may enter into the contract only
if it determines that the service to be assisted under the
contract will not impose an undue hardship on the ridership or
financial condition of the commission the council's transit
operations. The requirements of this subdivision do not apply
to contracts for assistance to recipients who, as part of a
negotiated cost-sharing arrangement with the board council, pay
a substantial part of the cost of services that directly benefit
the recipient as an institution or organization.
Sec. 75. Minnesota Statutes 1992, section 473.384,
subdivision 8, is amended to read:
Subd. 8. [PARATRANSIT CONTRACTS.] In executing and
administering contracts for paratransit projects, the board
council has the powers and duties given to the commissioner of
transportation in section 174.255, subdivisions 1 and 2 relating
to handicapped accessibility and insurance coverage. The
provisions of section 174.255, subdivision 3, apply to
paratransit projects which receive assistance by contract with
the board council.
Sec. 76. Minnesota Statutes 1992, section 473.385, is
amended to read:
473.385 [TRANSIT SERVICE AREAS.]
Subdivision 1. [DEFINITIONS.] (a) "Fully developed service
area" means the fully developed area, as defined in the
metropolitan council's development investment framework guide,
plus the cities of Mendota Heights, Maplewood, North St. Paul,
and Little Canada.
(b) "Regular route transit" has the meaning given it in
section 174.22, subdivision 8, except that, for purposes of this
section, the term does not include services on fixed routes and
schedules that are primarily intended to provide circulator
service within a community or adjacent communities rather than
feeder service to the system of metropolitan regular route
transit operated by the commission council.
Subd. 2. [SERVICE AREAS.] The regional transit board
council may provide financial assistance (whether directly or
through another entity) to private, for-profit operators of
public transit only for the following services:
(1) services that are not regular route services;
(2) regular route services provided on June 2, 1989, by a
private, for-profit operator under contract with the board
council or under a certificate of convenience and necessity
issued by the transportation regulation board;
(3) regular route services outside of the fully developed
service area that are not operated on June 2, 1989, by the
commission council;
(4) regular route services provided under section 473.388;
(5) regular route services to recipients who, as part of a
negotiated cost-sharing arrangement with the board council, pay
at least 50 percent of the cost of the service that directly
benefits the recipient as an institution or organization; or
(6) regular route services that the board and the
commission agree are not or will not be operated for a
reasonable subsidy by the commission council.
Sec. 77. Minnesota Statutes 1992, section 473.386,
subdivision 1, is amended to read:
Subdivision 1. [SERVICE OBJECTIVES.] The transit board
council shall implement a special transportation service, as
defined in section 174.29, in the metropolitan area. The
service has the following objectives:
(a) to provide greater access to transportation for the
elderly, handicapped, and others with special transportation
needs in the metropolitan area;
(b) to develop an integrated system of special
transportation service providing transportation tailored to meet
special individual needs in the most cost-efficient manner; and
(c) to use existing public, private, and private nonprofit
providers of service wherever possible, to supplement rather
than replace existing service, and to increase the productivity
of all special transportation vehicles available in the area.
Sec. 78. Minnesota Statutes 1992, section 473.386,
subdivision 2, is amended to read:
Subd. 2. [SERVICE CONTRACTS; MANAGEMENT; TRANSPORTATION
ACCESSIBILITY ADVISORY COMMITTEE.] (a) The board shall may
contract for services necessary for the provision of special
transportation. All Transportation service must be provided
under a contract between the board and the provider which
specifies must specify the service to be provided, the standards
that must be met, and the rates for operating and providing
special transportation services.
(b) The board shall establish management policies for the
service but shall and may contract with a service administrator
for day-to-day administration and management of the
service. The Any contract must delegate to the service
administrator clear authority to administer and manage the
delivery of the service pursuant to board management policies
and must establish performance and compliance standards for the
service administrator. The board may provide directly day to
day administration and management of the service and may own or
lease vehicles used to provide the service.
(c) The metropolitan council shall review and approve the
board's proposed action under paragraph (a) or (b).
(d) The board shall ensure that the service administrator
establishes a system for registering and expeditiously
responding to complaints by users, informing users of how to
register complaints, and requiring providers to report on
incidents that impair the safety and well-being of users or the
quality of the service. The board shall annually report to the
commissioner of transportation and the legislature on complaints
and provider reports, the response of the service administrator,
and steps taken by the board and the service administrator to
identify causes and provide remedies to recurring problems.
(d) (e) Within 90 days following August 1, 1987, the board
shall hold a public hearing on standards for provider
eligibility, selection, performance, compliance, and evaluation;
the terms of provider contracts and the contract with the
service administrator and related contract management policies
and procedures of the board; fare policies; service areas,
hours, standards, and procedures; and similar matters relating
to implementation of the service. Each year before renewing
contracts with providers and the service administrator, the
board shall provide an opportunity for the transportation
accessibility advisory committee, users, and other interested
persons to testify before the board concerning providers,
contract terms, and other matters relating to board policies and
procedures for implementing the service.
(e) (f) The board shall establish a transportation
accessibility advisory committee. The transportation
accessibility advisory committee must include elderly and
handicapped persons, other users of special transportation
service, representatives of persons contracting to provide
special transportation services, and representatives of
appropriate agencies for elderly and handicapped persons to
advise the board on management policies for the service. At
least half the transportation accessibility advisory committee
members must be disabled or elderly persons or the
representatives of disabled or elderly persons. Two of the
appointments to the transportation accessibility advisory
committee shall be made by the council on disability in
consultation with the chair of the regional transit board.
Sec. 79. Minnesota Statutes 1993 Supplement, section
473.386, subdivision 2a, is amended to read:
Subd. 2a. [ELIGIBILITY CERTIFICATION.] The board council
shall include the notice of penalty for fraudulent
certification, and require the person certifying the applicant
to sign the eligibility certification form and the applicant to
sign the application form, as provided in section 174.295.
Sec. 80. Minnesota Statutes 1992, section 473.386,
subdivision 3, is amended to read:
Subd. 3. [DUTIES OF BOARD COUNCIL.] In implementing the
special transportation service, the board council shall:
(a) encourage participation in the service by public,
private, and private nonprofit providers of special
transportation currently receiving capital or operating
assistance from a public agency;
(b) contract with public, private, and private nonprofit
providers that have demonstrated their ability to effectively
provide service at a reasonable cost;
(c) encourage individuals using special transportation to
use the type of service most appropriate to their particular
needs;
(d) ensure that all persons providing special
transportation service receive equitable treatment in the
allocation of the ridership;
(e) encourage shared rides to the greatest extent
practicable;
(f) encourage public agencies that provide transportation
to eligible individuals as a component of human services and
educational programs to coordinate with this service and to
allow reimbursement for transportation provided through the
service at rates that reflect the public cost of providing that
transportation;
(g) establish criteria to be used in determining individual
eligibility for special transportation services;
(h) consult with the transportation accessibility advisory
committee in a timely manner before changes are made in the
provision of special transportation services, including, but not
limited to, changes in policies affecting the matters subject to
hearing under subdivision 2;
(i) provide for effective administration and enforcement of
board council policies and standards; and
(j) annually evaluate providers of special transportation
service to ensure compliance with the standards established for
the program.
Sec. 81. Minnesota Statutes 1992, section 473.386,
subdivision 4, is amended to read:
Subd. 4. [COORDINATION REQUIRED.] The board council may
not grant any financial assistance to any recipient that
proposes to use any part of the grant to provide special
transportation service in the metropolitan area unless the
program is coordinated with the board's council's special
transportation service in the manner determined by the board
council. The board council is not required to provide funding
for transportation services from a residence to a service site
and home again when the services are used by individuals in
conjunction with their participation in human service
developmental achievement center programs in which
transportation to and from the program is a required and funded
component of those programs.
Sec. 82. Minnesota Statutes 1992, section 473.386,
subdivision 5, is amended to read:
Subd. 5. [EQUITABLE ALLOCATION AND ANNUAL REALLOCATION.]
The board council shall distribute all available funding under
this section in a manner designed to achieve an equitable
allocation of special transportation services based on the
proportion of the number of elderly, handicapped, disabled, or
economically disadvantaged individuals with special
transportation needs who actually use the special transportation
service.
Sec. 83. Minnesota Statutes 1992, section 473.386,
subdivision 6, is amended to read:
Subd. 6. [OPERATING AND SERVICE STANDARDS.] A person
operating or assisting the operation of a vehicle may leave the
vehicle to enter premises in order to help a passenger who does
not require emergency ambulance service. Operators and
assistants shall provide the help necessary for
door-through-door service, including help in entering and
leaving the vehicle and help through the exterior entrance and
over any exterior steps at either departure or destination
buildings, provided that both the steps and the wheelchair are
in good repair. If an operator or assistant refuses help
because of the condition of the steps or the wheelchair, the
operator of the service shall send letters to the service
administrator designated by the board council, who shall notify
the person denied service describing the corrective measures
necessary to qualify for service.
Sec. 84. Minnesota Statutes 1992, section 473.387,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION.] The regional transit board
council shall design and administer the programs under this
section. The board council may request proposals for projects
to demonstrate methods of achieving the purposes of programs
administered under this section. The board council shall design
or ensure the design of programs that will provide better access
for the targeted service groups to places of employment and
activity throughout the metropolitan area, using regular route
transit, paratransit, taxis, car or van pools, or other means of
conveyance. The board council may organize the services by
providing to individuals, directly or indirectly, reduced fares
or passes on public transit or vouchers to be used to purchase
transportation; by contracting with public and private
providers; by arrangements with government agencies, civic and
community organizations or nonprofit groups providing assistance
to the targeted service groups; by arrangements with prospective
employers, with employment, education, retail, medical, or other
activity centers, or with local governments; or by any other
methods designed to improve service and reduce costs to the
targeted service groups.
Sec. 85. Minnesota Statutes 1992, section 473.387,
subdivision 3, is amended to read:
Subd. 3. [JOBSEEKERS.] The board council shall establish a
program and policies to increase the availability and utility of
public transit services and reduce transportation costs for
persons who are seeking employment and who lack private means of
transportation.
Sec. 86. Minnesota Statutes 1992, section 473.387,
subdivision 4, is amended to read:
Subd. 4. [TRANSIT DISADVANTAGED.] The board council shall
establish a program and policies to reduce transportation costs
for persons who are, because of limited incomes, age,
disability, or other reasons, especially dependent on public
transit for common mobility.
Sec. 87. Minnesota Statutes 1992, section 473.388,
subdivision 2, is amended to read:
Subd. 2. [REPLACEMENT SERVICE; ELIGIBILITY.] The transit
board council 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 council bus
service or is served only with transit commission council 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 council 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 council 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 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
12-month extension if it has notified the former regional
transit 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. 88. Minnesota Statutes 1992, section 473.388,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION FOR ASSISTANCE.] An application for
assistance under this section must:
(a) describe the existing service provided to the applicant
by the transit commission council, including the estimated
number of passengers carried and the routes, schedules, and
fares;
(b) describe the transit service proposed for funding under
the demonstration program, including the anticipated number of
passengers and the routes, schedules, and fares; and
(c) indicate the total amount of available local transit
funds, the portion of the available local transit funds proposed
to be used to subsidize replacement services, and the amount of
assistance requested for the replacement services.
Sec. 89. Minnesota Statutes 1992, section 473.388,
subdivision 4, is amended to read:
Subd. 4. [FINANCIAL ASSISTANCE.] The board council may
grant the requested financial assistance if it determines that
the proposed service is consistent with the approved
implementation plan and is intended to replace the service to
the applying city or town or combination thereof by the transit
commission council and that the proposed service will meet the
needs of the applicant at least as efficiently and effectively
as the existing service.
The amount of assistance which the board council may
provide under this section may not exceed the sum of:
(a) the portion of the available local transit funds which
the applicant proposes to use to subsidize the proposed service;
and
(b) an amount of financial assistance bearing an identical
proportional relationship to the amount under clause (a) as the
total amount of financial assistance to the transit
commission council bears to the total amount of taxes collected
by the board council under section 473.446. The board council
shall pay the amount to be provided to the recipient from the
assistance the board council would otherwise pay to the transit
commission council.
For purposes of this section "available local transit funds"
means 90 percent of the tax revenues which would accrue to the
board council from the tax it levies under section 473.446 in
the applicant city or town or combination thereof.
For purposes of this section, "tax revenues" in the city or
town means the sum of the following:
(1) the nondebt spread levy, which is the total of the
taxes extended by application of the local tax rate for nondebt
purposes on the taxable net tax capacity;
(2) the portion of the fiscal disparity distribution levy
under section 473F.08, subdivision 3, attributable to nondebt
purposes; and
(3) the portion of the homestead credit and agricultural
credit aid and disparity reduction aid amounts under section
273.1398, subdivisions 2 and 3, attributable to nondebt purposes.
Tax revenues do not include the state feathering
reimbursement under section 473.446.
Sec. 90. Minnesota Statutes 1992, section 473.388,
subdivision 5, is amended to read:
Subd. 5. [OTHER ASSISTANCE.] A city or town receiving
assistance under this section may also receive assistance from
the board council under section 473.384. In applying for
assistance under that section an applicant must describe the
portion of the available local transit funds which are not
obligated to subsidize replacement service and which the
applicant proposes to use to subsidize additional service. An
applicant which has exhausted its available local transit funds
may use any other local subsidy funds to complete the required
local share.
Sec. 91. Minnesota Statutes 1992, 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 limitations in this section to provide funds to
the board for expenditure to implement the board's approved
implementation plan council's transit capital improvement
program and may issue general obligation bonds not subject to
the limitations for the refunding of outstanding bonds or
certificates of indebtedness of the council, the former regional
transit board or the former metropolitan transit commission, and
judgments against the former regional transit board or
the former metropolitan transit commission or the council. 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
council shall levy the amounts certified by the council
necessary to provide full and timely payment of the obligations
and transfer the proceeds to the appropriate council account for
payment of the obligations. The taxes must be levied,
certified, and collected in accordance with the terms and
conditions of the indebtedness.
Sec. 92. Minnesota Statutes 1992, section 473.39,
subdivision 1a, is amended to read:
Subd. 1a. [OBLIGATIONS.] (a) After August 1, 1989, the
council may issue certificates of indebtedness, bonds, or other
obligations under this section in an amount not exceeding
$26,000,000 $30,700,000 for transit financial assistance to the
commission, as prescribed in the implementation and council's
capital plans of the board and the capital improvement program
of the commission.
(b) After August 1, 1989, the council may issue
certificates of indebtedness, bonds, or other obligations under
this section in an amount not exceeding $4,700,000 for other
capital expenditures as prescribed in the implementation and
capital plans of the board.
(c) The board shall require, As a condition of the use of
transit financial assistance to the commission, that the
commission make under this section, the council must make the
transit facilities it constructs, acquires, or improves for
I-394 with funds provided under this section available to all
transit providers on a nondiscriminatory basis, as the board
council defines these terms.
(d) (c) The limitation contained in this subdivision does
not apply to refunding bonds issued by the council.
Sec. 93. Minnesota Statutes 1992, section 473.39,
subdivision 1b, is amended to read:
Subd. 1b. [OBLIGATIONS; 1993-1996.] The council may also
issue certificates of indebtedness, bonds, or other obligations
under this section in an amount not exceeding $62,000,000, of
which $44,000,000 may be used by the commission for council
transit fleet replacement, transit facilities, and transit
capital equipment, and $18,000,000 may be used by the board for
transit hubs, park-and-ride lots, community-based transit
vehicles and replacement service program vehicles, and
intelligent vehicle highway systems projects, and related costs
including the cost of issuance and sale of the obligations. The
council may issue $32,000,000 of the total amount authorized
under this subdivision during fiscal biennium ending 1993,
$30,000,000 during fiscal biennium ending 1995.
Sec. 94. Minnesota Statutes 1992, section 473.39, is
amended by adding a subdivision to read:
Subd. 4. [TRANSIT CAPITAL IMPROVEMENT PROGRAM.] The
council may not issue obligations pursuant to this section until
the council adopts a three-year transit capital improvement
program. The program must include a capital investment
component that sets forth a capital investment strategy and
estimates the fiscal and other effects of the strategy. The
component must specify, to the extent practicable, the capital
improvements to be undertaken. For each improvement specified,
the program must describe: (1) need, function, objective, and
relative priority; (2) alternatives, including alternatives not
involving capital expenditures; (3) ownership and operating
entity; (4) location and schedule of development; (5)
environmental, social, and economic effects; (6) cost; (7)
manner of finance and revenue sources, including federal and
state funds, private funds, taxes, and user charges; and (8)
fiscal effects, including an estimate of annual operating costs
and sources of revenue to pay the costs.
Sec. 95. Minnesota Statutes 1992, section 473.391, is
amended to read:
473.391 [ROUTE PLANNING AND SCHEDULING.]
The regional transit board shall council may 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. 96. Minnesota Statutes 1992, section 473.392, is
amended to read:
473.392 [SERVICE BIDDING.]
The regional transit board council may competitively bid
transit service only in accordance with standards, procedures,
and guidelines adopted by resolution of the board council.
The board council shall establish a project management team to
assist and advise the board council 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 council shall hold a public hearing
on the subject. The board council 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 council
shall revise and adopt the standards, procedures, and guidelines.
Sec. 97. Minnesota Statutes 1992, section 473.394, is
amended to read:
473.394 [BOARD COUNCIL EXEMPT FROM TAXATION.]
The properties, moneys, and other assets of the transit
board council, all revenues or other income of the board
council, are exempt from all taxation, licenses, fees, or
charges of any kind imposed by the state or by any county,
municipality, political subdivision, taxing district, or other
public agency or body of the state.
Sec. 98. Minnesota Statutes 1992, section 473.399, as
amended by Laws 1993, chapter 353, sections 5 and 20, is amended
to read:
473.399 [LIGHT RAIL TRANSIT; REGIONAL PLAN.]
Subdivision 1. [GENERAL REQUIREMENTS.] (a) The transit
board council shall adopt a regional light rail transit plan as
part of the implementation plan pursuant to section 473.161, to
ensure that light rail transit facilities in the metropolitan
area will be acquired, developed, owned, and capable of
operation in an efficient, cost-effective, and coordinated
manner as an integrated and unified system on a multicounty
basis in coordination with buses and other transportation modes
and facilities. To the extent practicable, the board council
shall incorporate into its plan appropriate elements of the
plans of regional railroad authorities in order to avoid
duplication of effort.
(b) The regional plan required by this section must be
adopted by the board council before the commissioner of
transportation may begin construction of light rail transit
facilities and before the commissioner may expend funds
appropriated or obtained through bonding for constructing light
rail transit facilities. Following adoption of the regional
plan, each regional railroad authority and the commissioner of
transportation shall act in conformity with the plan. The
commissioner shall prepare or amend the final design plans as
necessary to make the plans consistent with the regional plan.
(c) Throughout the development and implementation of the
plan, the board council shall contract for or otherwise obtain
engineering services to assure that the plan adequately
addresses the technical aspects of light rail transit.
Sec. 99. Minnesota Statutes 1993 Supplement, section
473.3994, subdivision 10, is amended to read:
Subd. 10. [CORRIDOR MANAGEMENT COMMITTEE.] A corridor
management committee shall be established to advise the
commissioner of transportation in the design and construction of
light rail transit in each corridor to be constructed. The
corridor management committee shall consist of the members of
the light rail transit joint powers board established pursuant
to section 473.3998 and one representative from each city in
which the corridor is located. Additionally, the commissioner
of transportation, the chair and three representatives of the
metropolitan council, the chair of the regional transit board,
and the chair of the metropolitan transit commission shall each
appoint a member to the committee. For the corridor between
Minneapolis and St. Paul, the University of Minnesota shall
appoint one member to the committee. The A member representing
the regional transit board metropolitan council shall chair the
committee.
The corridor management committee shall advise the
commissioner of transportation and the regional railroad
authority or authorities in whose jurisdiction the line or lines
are located on issues relating to the alternatives analysis,
environmental review, preliminary design, preliminary
engineering, final design, implementation method, and
construction of light rail transit.
Sec. 100. Minnesota Statutes 1993 Supplement, section
473.3997, is amended to read:
473.3997 [FEDERAL FUNDING; LIGHT RAIL TRANSIT.]
(a) Upon completion of the alternatives analysis and draft
environmental impact statement for the central corridor transit
improvement project, the regional transit board council, the
commissioner of transportation, and the affected regional rail
authorities may prepare a joint application for federal
assistance for light rail transit facilities in the metropolitan
area. The application must be reviewed and approved by the
metropolitan council before it is submitted by the board council
and the commissioner. In reviewing the application the council
must consider the information submitted to it under section
473.3994, subdivision 9. The board and the commissioner must
consult with the council in preparing the application.
(b) Until the application described in paragraph (a) is
submitted, no political subdivision in the metropolitan area may
on its own apply for federal assistance for light rail transit
planning or construction.
Sec. 101. Minnesota Statutes 1992, section 473.405,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The transit commission
metropolitan council has the powers and duties prescribed by
sections 473.404 to 473.449 and all powers necessary or
convenient to discharge its duties.
Sec. 102. Minnesota Statutes 1992, section 473.405,
subdivision 3, is amended to read:
Subd. 3. [PROPERTY CONDEMNATION.] The commission council
may for transit purposes acquire, own, hold, use, improve,
operate, maintain, lease, exchange, transfer, sell, or otherwise
dispose of property, franchises, easements, or property rights
or interests of any kind. The commission may acquire by
purchase, lease, gift, or condemnation proceedings pursuant to
chapter 117. Except as provided in subdivision 9,
the commission council may take possession of any property for
which condemnation proceedings have been commenced at any time
after the filing of the petition describing the property in the
proceedings. The commission council may contract with an
operator or other persons for the use by the operator or person
of any property under the commission's council's control.
Sec. 103. Minnesota Statutes 1992, section 473.405,
subdivision 4, is amended to read:
Subd. 4. [TRANSIT SYSTEMS.] The commission council may
engineer, construct, equip, and operate transit and paratransit
systems, projects, or any parts thereof, including road lanes or
rights of way, terminal facilities, maintenance and garage
facilities, ramps, parking areas, and any other facilities
useful for or related to any public transit or paratransit
system or project.
Sec. 104. Minnesota Statutes 1992, section 473.405,
subdivision 5, is amended to read:
Subd. 5. [ACQUISITION OF TRANSIT SYSTEMS.] The
commission council may acquire by purchase, lease, gift, or
condemnation proceedings any existing public transit system or
any part thereof, including all or any part of the plant,
equipment, shares of stock, property, real, personal, or mixed,
rights in property, reserve funds, special funds, franchises,
licenses, patents, permits and papers, documents and records
belonging to any operator of a public transit system within the
metropolitan area, and may in connection therewith assume any or
all liabilities of any operator of a public transit system. The
commission may not acquire any existing public transit system
until the acquisition has been approved by the transit board and
the metropolitan council. The commission council may take
control of and operate a system immediately following the filing
and approval of the initial petition for condemnation, if
the commission council, in its discretion, determines this to be
necessary, and may take possession of all right, title and other
powers of ownership in all properties and facilities described
in the petition. Control must be taken by resolution which is
effective upon service of a copy on the condemnee and the filing
of the resolution in the condemnation action. In the
determination of the fair value of the existing public transit
system, there must not be included any value attributable to
expenditures for improvements made by the former metropolitan
transit commission or council.
The commission council may continue or terminate within
three months of acquisition any advertising contract in
existence by and between any advertiser and a transit system
that the commission council has acquired. If the commission
council determines to terminate the advertising contract, it
shall acquire all of the advertiser's rights under the contract
by purchase or eminent domain proceedings as provided by law.
Sec. 105. Minnesota Statutes 1992, section 473.405,
subdivision 9, is amended to read:
Subd. 9. [CONDEMNATION OF PUBLIC PROPERTY OR PROPERTY OF
PUBLIC SERVICE CORPORATIONS.] The fact that property is owned by
or is in charge of a public agency or a public service
corporation organized for a purpose specified in section 300.03,
or is already devoted to a public use or to use by the
corporation or was acquired therefor by condemnation may not
prevent its acquisition by the commission council by
condemnation, but if the property is in actual public use or in
actual use by the corporation for any purpose of interest or
benefit to the public, the taking by the commission council by
condemnation may not be authorized unless the court finds and
determines that there is greater public necessity for the
proposed use by the commission council than for the existing use.
Sec. 106. Minnesota Statutes 1992, section 473.405,
subdivision 10, is amended to read:
Subd. 10. [VOLUNTARY TRANSFER OF PUBLIC PROPERTY TO THE
COMMISSION COUNCIL.] Any state department or other agency of the
state government or any county, municipality, or other public
agency may sell, lease, grant, transfer, or convey to
the commission council, with or without consideration, any
facilities or any part or parts thereof or any real or personal
property or interest therein which may be useful to
the commission council for any authorized purpose. In any case
where the construction of a facility has not been completed, the
public agency concerned may also transfer, sell, assign, and set
over to the commission council, with or without consideration,
any existing contract for the construction of the facilities.
Sec. 107. Minnesota Statutes 1992, section 473.405,
subdivision 12, is amended to read:
Subd. 12. [MANAGEMENT CONTRACTS.] Notwithstanding any of
the other provisions of sections 473.404 to 473.449, the
commission council may, in lieu of directly operating any public
transit system or any part thereof, enter into contracts for
management services. The contracts may provide for
compensation, incentive fees, the employment of personnel, the
services provided, and other terms and conditions that
the commission council deems proper. The contracts must provide
that the compensation of personnel who work full time or
substantially full time providing management or other services
for the commission council is public data under chapter 13.
The commission council may not permit a contract manager to
supervise or manage internal audit activities. Internal audit
activity must be supervised and managed directly by the
commission council. The commission council shall advertise for
bids and select contracts for management services through
competitive bidding. The term of the contract may not be longer
than two years. The contract must include clear operating
objectives, stating the service policies and goals of
the commission council in terms of the movement of various
passenger groups, and performance criteria, by means of which
success in achieving the operating objectives can be measured.
The commission council shall consider and determine the
feasibility and desirability of having all its transit
management services provided internally by employees of the
commission council.
The employees of any public transit system operated
pursuant to the provisions of this subdivision for the purpose
of resolving any dispute arising under any existing or new
collective bargaining agreement relating to the terms or
conditions of their employment, may either engage in a concerted
refusal to work or to invoke the processes of final and binding
arbitration as provided by chapter 572, subject to any
applicable provisions of the agreement not inconsistent with law.
Sec. 108. Minnesota Statutes 1992, section 473.405,
subdivision 15, is amended to read:
Subd. 15. [RELOCATION OF DISPLACED PERSONS.] The
commission council may plan for and assist in the relocation of
individuals, families, business concerns, nonprofit
organizations, and others displaced by operations of the
commission council, and may make relocation payments in
accordance with federal regulations.
Sec. 109. Minnesota Statutes 1993 Supplement, section
473.4051, is amended to read:
473.4051 [LIGHT RAIL TRANSIT OPERATION.]
The transit commission council shall operate light rail
transit facilities and services upon completion of construction
of the facilities and the commencement of revenue service using
the facilities. The commissioner of transportation and the
commission council may not allow the commencement of revenue
service until after an appropriate period of acceptance testing
to ensure satisfactory performance. In assuming the operation
of the system, the transit commission council must comply with
section 473.415. The commission council shall coordinate
operation of the light rail transit system with bus service to
avoid duplication of service on a route served by light rail
transit and to ensure the widest possible access to light rail
transit lines in both suburban and urban areas by means of a
feeder bus system.
Sec. 110. Minnesota Statutes 1993 Supplement, section
473.407, subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] The metropolitan transit
commission council may appoint peace officers, as defined in
section 626.84, subdivision 1, paragraph (c), and establish a
law enforcement agency, as defined in section 626.84,
subdivision 1, paragraph (h), known as the metropolitan transit
commission police, to police its transit property and routes and
to make arrests under sections 629.30 and 629.34. The
jurisdiction of the law enforcement agency is limited to
offenses relating to commission council transit property,
equipment, employees, and passengers.
Sec. 111. Minnesota Statutes 1993 Supplement, section
473.407, subdivision 2, is amended to read:
Subd. 2. [LIMITATIONS.] The initial processing of a person
arrested by the transit commission police for an offense within
the agency's jurisdiction is the responsibility of the
transit commission police unless otherwise directed by the law
enforcement agency with primary jurisdiction. A subsequent
investigation is the responsibility of the law enforcement
agency of the jurisdiction in which the crime was committed.
The transit commission police are not authorized to apply for a
search warrant as prescribed in section 626.05.
Sec. 112. Minnesota Statutes 1993 Supplement, section
473.407, subdivision 3, is amended to read:
Subd. 3. [POLICIES.] Before the commission council begins
to operate its law enforcement agency within a city or county
with an existing law enforcement agency, the transit commission
police shall develop, in conjunction with the law enforcement
agencies, written policies that describe how the issues of joint
jurisdiction will be resolved. The policies must also address
the operation of emergency vehicles by transit commission police
responding to commission transit emergencies. These policies
must be filed with the board of peace officer standards and
training by August 1, 1993. Revisions of any of these policies
must be filed with the board within ten days of the effective
date of the revision. The commission council shall train all of
its peace officers regarding the application of these policies.
Sec. 113. Minnesota Statutes 1993 Supplement, section
473.407, subdivision 4, is amended to read:
Subd. 4. [CHIEF LAW ENFORCEMENT OFFICER.] The commission
council shall appoint a peace officer employed full time to be
the chief law enforcement officer and to be responsible for the
management of the law enforcement agency. The person shall
possess the necessary police and management experience and have
the title of chief of metropolitan transit commission police
services. All other police management and supervisory personnel
must be employed full time by the commission council.
Supervisory personnel must be on duty and available any time
transit commission police are on duty. The commission council
may not hire part-time peace officers as defined in section
626.84, subdivision 1, paragraph (f), except that the commission
council may appoint peace officers to work on a part-time basis
not to exceed 30 full-time equivalents.
Sec. 114. Minnesota Statutes 1993 Supplement, section
473.407, subdivision 5, is amended to read:
Subd. 5. [EMERGENCIES.] (a) The commission council shall
ensure that all emergency vehicles used by transit commission
police are equipped with radios capable of receiving and
transmitting on the same frequencies utilized by the law
enforcement agencies that have primary jurisdiction.
(b) When the transit commission police receive an emergency
call they shall notify the public safety agency with primary
jurisdiction and coordinate the appropriate response.
(c) Transit commission police officers shall notify the
primary jurisdictions of their response to any emergency.
Sec. 115. Minnesota Statutes 1993 Supplement, section
473.407, subdivision 6, is amended to read:
Subd. 6. [COMPLIANCE.] Except as otherwise provided in
this section, the transit commission police shall comply with
all statutes and administrative rules relating to the operation
and management of a law enforcement agency.
Sec. 116. Minnesota Statutes 1992, section 473.408,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] "Off-peak hours" means the
time from 9:00 a.m. to 3:30 p.m. and 6:30 p.m. until the last
bus on Monday through Friday of each week and all day Saturday,
Sunday, and holidays designated by the commission council.
Sec. 117. Minnesota Statutes 1992, section 473.408,
subdivision 2, is amended to read:
Subd. 2. [FARE POLICY.] (a) Fares and fare collection
systems shall be established and administered to accomplish the
following purposes:
(a) (1) to encourage and increase transit and paratransit
ridership with an emphasis on regular ridership;
(b) (2) to restrain increases in the average operating
subsidy per passenger;
(c) (3) to ensure that no riders on any route pay more in
fares than the average cost of providing the service on that
route;
(d) (4) to ensure that operating revenues are proportioned
to the cost of providing the service so as to reduce any
disparity in the subsidy per passenger on routes in the transit
system; and
(e) (5) to implement the social fares as set forth in
subdivision 3.
(b) 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 council to change fare policy.
Sec. 118. Minnesota Statutes 1992, section 473.408,
subdivision 2a, is amended to read:
Subd. 2a. [REGULAR ROUTE FARES.] The board council shall
establish and enforce uniform fare policies for regular route
transit in the metropolitan area. The policies must be stated
in the board's three-year transit service implementation and
financing plan. The policies must be consistent with the
requirements of this section and the council's transportation
policy plan. The commission council and other operators shall
charge a base fare and any surcharges for peak hours and
distance of service in accordance with the council's fares
policies prescribed in the approved implementation plan of the
transit board. The commission and other operators council shall
submit their approve all fare schedules to the board for
approval.
Sec. 119. Minnesota Statutes 1992, section 473.408,
subdivision 4, is amended to read:
Subd. 4. [CIRCULATION FARES.] The commission council and
other operators may charge a reduced fare for service on any
route providing circulation service in a downtown area or
community activity center. The commission council and other
operators shall not contribute more than 50 percent of the
operating deficit of any such route that is confined to a
downtown area or community activity center. The boundaries of
service districts eligible for reduced fares under this
subdivision must be approved by the board council.
Sec. 120. Minnesota Statutes 1992, section 473.408,
subdivision 6, is amended to read:
Subd. 6. [MONTHLY PASSES.] The commission council may
offer monthly passes for regular route bus service for sale to
the general public.
Sec. 121. Minnesota Statutes 1992, section 473.408,
subdivision 7, is amended to read:
Subd. 7. [EMPLOYEE PLAN.] The commission council may offer
monthly passes for regular route bus service for sale to
employers at a special discount subject to the provisions of
this subdivision. An employer may be eligible to purchase
passes at a special discount if the employer agrees to establish
a payroll deduction plan as a means for its employees to
purchase the passes at a price at or below the amount charged by
the commission council. The special discount on passes sold
pursuant to this subdivision shall be determined by
the commission council.
Sec. 122. Minnesota Statutes 1992, section 473.409, is
amended to read:
473.409 [AGREEMENTS WITH COMMISSION; ENCOURAGEMENT OF
TRANSIT USE.]
A state department or agency, including the legislative
branch, any local governmental unit, the metropolitan council,
or other a metropolitan agency may enter into an agreement with
the transit commission council and other operators for the
purpose of encouraging the use of transit by its employees
residing in the metropolitan area. The agreement may provide
for, among other things: (a) the advance purchase of tokens,
tickets or other devices from the commission council or other
operator for use in lieu of fares on vehicles operated by
the commission council or other operator; and (b) special
transit service for employees to and from their place of
employment, at fares to be agreed upon by the contracting
parties. The tokens, tickets, or other devices or services may
be made available to employees at reduced rates. Any such
agreement and arrangement by a state department or agency shall
be submitted to the commissioner of administration for approval
before execution. Any operating deficits or subsidy resulting
from such agreements shall be assumed by the contracting
department, agency, governmental unit, council, or other
commission, unless otherwise provided in an agreement approved
by the transit board council.
Sec. 123. Minnesota Statutes 1992, section 473.411,
subdivision 3, is amended to read:
Subd. 3. [SERVICES OF DEPARTMENT OF TRANSPORTATION.]
The transit commission council may make use of engineering and
other technical and professional services, including regular
staff and qualified consultants, which the commissioner of
transportation can furnish, upon fair and reasonable
reimbursement for the cost thereof; provided, that
the commission council has final authority over the employment
of any services from other sources which it may deem necessary
for such purposes. The commissioner of transportation may
furnish all engineering, legal, and other services, if so
requested by the commission council and upon fair and reasonable
reimbursement for the cost thereof by the commission council,
for the purposes stated in this subdivision, including the
acquisition by purchase, condemnation, or otherwise in the name
of the commission council of all lands, waters, easements, or
other rights or interests in lands or waters required by the
commission council. No purchase of service agreements may be
made under this subdivision which are not included in the budget
of the commission council.
Sec. 124. Minnesota Statutes 1992, section 473.411,
subdivision 4, is amended to read:
Subd. 4. [STATE HIGHWAYS; JOINT USE FOR TRANSIT AND
HIGHWAY PURPOSES.] Wherever the joint construction or use of a
state highway is feasible in fulfilling the purposes of sections
473.404 to 473.449, the transit commission council shall enter
into an agreement with the commissioner of transportation
therefor, evidenced by a memorandum setting forth the terms of
the agreement. Either the commission council or the
commissioner of transportation may acquire any additional lands,
waters, easements or other rights or interests required for
joint use in accordance with the agreement, or joint acquisition
may be made by condemnation as provided by section 117.016 and
the provisions of sections 473.404 to 473.449. Under the
agreement each party shall pay to the other party reasonable
compensation for the costs of any services performed at the
request of the other party which may include any costs of
engineering, design, acquisition of property, construction of
the facilities, and for the use thereof so far as attributable
to and necessary for the purposes. The commission council may
not agree to acquisitions or expenditures under this subdivision
which are not included in its budget.
Sec. 125. Minnesota Statutes 1993 Supplement, section
473.411, subdivision 5, is amended to read:
Subd. 5. [USE OF PUBLIC ROADWAYS AND APPURTENANCES.]
The transit commission council may use for the purposes of
sections 473.404 to 473.449 upon the conditions stated in this
subdivision any state highway or other public roadway, parkway,
or lane, or any bridge or tunnel or other appurtenance of a
roadway, without payment of any compensation, provided the use
does not interfere unreasonably with the public use or
maintenance of the roadway or appurtenance or entail any
substantial additional costs for maintenance. The provisions of
this subdivision do not apply to the property of any common
carrier railroad or common carrier railroads. The consent of
the public agency in charge of such state highway or other
public highway or roadway or appurtenance is not required;
except that if the commission council seeks to use a designated
parkway for regular route service in the city of Minneapolis, it
must obtain permission from and is subject to reasonable
limitations imposed by a joint board consisting of two
representatives from the transit commission council, two members
of the board of park commissioners, and a fifth member jointly
selected by the representatives of the transit commission
council and the park board.
The board of park commissioners and the transit
commission council may designate persons to sit on the joint
board. In considering a request by the transit commission
council to use designated parkways for additional routes or
trips, the joint board consisting of the transit commission
council or their designees, the board of park commissioners or
their designees, and the fifth member, shall base its decision
to grant or deny the request based on the criteria to be
established by the joint board. The decision to grant or deny
the request must be made within 45 days of the date of the
request. The park board must be notified immediately by
the transit commission council of any temporary route detours.
If the park board objects to the temporary route detours within
five days of being notified, the joint board must convene and
decide whether to grant the request, otherwise the request is
deemed granted. If the agency objects to the proposed use or
claims reimbursement from the commission council for additional
cost of maintenance, it may commence an action against
the commission council in the district court of the county
wherein the highway, roadway, or appurtenance, or major portion
thereof, is located. The proceedings in the action must conform
to the rules of civil procedure applicable to the district
courts. The court shall sit without jury. If the court
determines that the use in question interferes unreasonably with
the public use or maintenance of the roadway or appurtenance, it
shall enjoin the use by the commission council. If the court
determines that the use in question does not interfere
unreasonably with the public use or maintenance of the roadway
or appurtenance, but that it entails substantial additional
maintenance costs, the court shall award judgment to the agency
for the amount of the additional costs. Otherwise the court
shall award judgment to the commission council. An aggrieved
party may appeal from the judgment of the district court in the
same manner as is provided for such appeals in other civil
actions. The commission council may also use land within the
right of way of any state highway or other public roadway for
the erection of traffic control devices, other signs, and
passenger shelters upon the conditions stated in this
subdivision and subject only to the approval of the commissioner
of transportation where required by statute, and subject to the
express provisions of other applicable statutes and to federal
requirements where necessary to qualify for federal aid.
Sec. 126. Minnesota Statutes 1992, section 473.415,
subdivision 1, is amended to read:
Subdivision 1. If the commission council acquires an
existing transit system, the commission council shall assume and
observe all existing labor contracts and pension obligations.
All employees of such system except executive and administrative
officers who are necessary for the operation thereof by
the commission council shall be transferred to and appointed as
employees of the commission council for the purposes of the
transit system, subject to all the rights and benefits of
sections 473.404 to 473.449. Such employees shall be given
seniority credit and sick leave, vacation, insurance, and
pension credits in accordance with the records or labor
agreements from the acquired transit system. The commission
council shall assume the obligations of any transit system
acquired by it with regard to wages, salaries, hours, working
conditions, sick leave, health and welfare and pension or
retirement provisions for employees. The commission council and
the employees, through their representatives for collective
bargaining purposes, shall take whatever action may be necessary
to have pension trust funds presently under the joint control of
the acquired system and the participating employees through
their representatives transferred to the trust fund to be
established, maintained and administered jointly by
the commission council and the participating employees through
their representatives. No employee of any acquired system who
is transferred to a position with the commission council shall
by reason of such transfer be placed in any worse position with
respect to workers' compensation, pension, seniority, wages,
sick leave, vacation, health and welfare insurance or any other
benefits than the employee enjoyed as an employee of such
acquired system.
Sec. 127. Minnesota Statutes 1992, section 473.415,
subdivision 2, is amended to read:
Subd. 2. For any employees of the former metropolitan
transit commission who were transferred to and appointed as
employees of the commission upon completion of acquisitions of
transit systems which occurred prior to the effective date of
Laws 1978, chapter 538, the provisions of Laws 1978, chapter 538
shall replace the provisions of subdivision 1 relating to the
pension obligations which the commission is required to assume,
and the pension or retirement plan and pension trust funds which
the commission is required to establish, maintain and administer.
Upon compliance with the applicable provisions of Laws 1978,
chapter 538, the commission shall not be deemed to have placed
any employee of the commission who was transferred to and
appointed as an employee of the commission upon completion of
acquisitions of transit systems which occurred prior to the
effective date of Laws 1978, chapter 538, in any worse position
with respect to pension and related benefits than the employee
of the commission enjoyed as an employee of the acquired
existing transit system.
Sec. 128. Minnesota Statutes 1992, section 473.415,
subdivision 3, is amended to read:
Subd. 3. For any employees of the former metropolitan
transit commission who are transferred to and appointed as
employees of the commission upon completion of acquisitions of
transit systems which occur subsequent to the effective date of
Laws 1978, chapter 538, those employees shall be governed by the
provisions of Laws 1978, chapter 538 unless the acquisition of
the transit system which employed them immediately preceding the
acquisition included the acquisition of a pension trust fund
under the joint control of the acquired system and the
participating employees through their representatives.
Sec. 129. Minnesota Statutes 1992, section 473.416, is
amended to read:
473.416 [COMMISSION; TAKING OVER PERSONNEL AND CONTRACTS OF
TRANSIT SYSTEMS.]
Whenever the transit commission council directly operates
any public transit system, or any part thereof, or enters into
any management contract or other arrangement for the operation
of a system, the commission council shall take the action
necessary to extend to employees of the affected public transit
systems, in accordance with seniority, the first opportunity for
reasonably comparable employment in any available nonsupervisory
jobs in respect to such operations for which they can qualify
after a reasonable training period. The employment must not
result in any worsening of the employee's position in the
employee's former employment nor any loss of wages, hours,
working conditions, seniority, fringe benefits, and rights and
privileges pertaining thereto. The commission council may enter
into an agreement specifying fair and equitable arrangements to
protect the interests of employees who may be affected if
the commission council should acquire any interest in or
purchase any facilities or other property of a privately owned
and operated transit system, or construct, improve, or
reconstruct any facilities or other property acquired from any
system, or provide by contract or otherwise for the operation of
transportation facilities or equipment in competition with, or
supplementary to, the service provided by an existing transit
system. The agreement, specifying the terms and conditions of
the protective arrangements, must comply with any applicable
requirements of sections 473.404 to 473.449 this chapter, and
with the requirements of any federal law or regulation if
federal aid is involved. The agreement may provide for final
and binding arbitration of any dispute.
The commission, upon commencing operations under sections
473.404 to 473.449, shall, so far as deemed practicable and
advisable in the discretion of the commission and subject to the
provisions hereof, take over and employ in corresponding
positions or other suitable positions the professional,
technical, and other personnel employed by the existing
metropolitan transit commission, hereinafter called the joint
powers transit commission, created by the joint and cooperative
agreement heretofore made between certain governmental units of
the transit area pursuant to section 471.59. The transit
commission created by sections 473.401 to 473.451 shall upon
like conditions take over any contracts made by the joint powers
transit commission and in force on July 1, 1967 for professional
or technical services, rental of office space or other
facilities, or other contracts relating to any matter within the
purposes of sections 473.401 to 473.451. The joint powers
transit commission shall execute all instruments which may be
necessary to effectuate the provisions of this section.
Sec. 130. Minnesota Statutes 1992, section 473.418, is
amended to read:
473.418 [DISABILITY AND SURVIVORSHIP COVERAGE.]
From and after the effective date of Laws 1978, chapter
538, until the effective date of this section, the former
metropolitan transit commission shall provide for all active
employees of the transit operating division of the metropolitan
transit commission the disability and survivorship
coverage described in this section. Thereafter, the council
shall provide for all active employees of the office of transit
operations the disability and survivorship coverage which, when
added to the disability benefit or the survivorship benefit
payable from the Minnesota state retirement system pursuant to
section 352.113 or 352.12, subdivision 2, will at least equal
the disability benefit or the survivorship benefit which that
employee at the time of disability or the employee's surviving
spouse at the time of the death of the employee while on active
duty would have been entitled to receive under the disability
benefit or survivor of active employee deceased while on active
duty benefit provisions of the metropolitan transit
commission-transit operating division employees retirement fund
plan document in effect on December 31, 1977. The metropolitan
transit commission council shall not be required to provide any
supplementary disability benefit coverage or benefit amount to
replace the amount of any reduction in any disability payable
from the Minnesota state retirement system due to the receipt of
benefits under the workers' compensation law unless no offset of
the amount of workers' compensation benefits from the amount of
a disability benefit was required pursuant to the provisions of
article 10 of the metropolitan transit commission-transit
operating division employees retirement fund plan document in
effect on December 31, 1977. The metropolitan transit
commission council may elect to provide the additional
disability and survivorship coverage either through contract
with an insurance carrier or through self-insurance. If
the commission council elects to provide the coverage through an
insurance contract, the chair of the metropolitan transit
commission council is authorized to request bids from, or to
negotiate with, insurance carriers and to enter into contracts
with carriers which in the judgment of the commission council
are best qualified to underwrite and service this insurance
benefit coverage. The commission council shall consider factors
such as the cost of the contracts as well as the service
capabilities, character, financial position and reputation with
respect to carriers under consideration, as well as any other
factors which the commission council deems appropriate. The
disability and survivorship insurance contract with the
particular insurance carrier shall be for a uniform term of at
least one year, but may be made automatically renewable from
term to term in absence of notice of termination by either
party. The disability and survivorship insurance contract shall
contain a detailed statement of benefits offered, maximums,
limitations, and exclusions. A summary description of the
essential terms of the contract shall be provided by
the commission council to the labor organization which is the
exclusive bargaining agent representing employees of the office
of transit operating division operations of the metropolitan
transit commission council and to each active employee of the
office of transit operating operations division. The
determination of whether the disability or survivorship
insurance coverage meets the minimum requirements of this
section shall be made by the commission council upon
consultation with the executive director of the Minnesota state
retirement system. If the disability or survivorship coverage
provided by the metropolitan transit commission council fails at
any time after the effective date of Laws 1978, chapter 538, to
meet the requirements of this section as to the level of
disability or survivorship coverage to be provided, the
deficiency in the actual benefits provided shall continue to be
an obligation of the commission council. Notwithstanding any
provisions of chapter 179 to the contrary, the labor
organization which is the exclusive bargaining agent
representing employees of the office of transit operating
division operations of the metropolitan transit
commission council may meet and bargain with the commission
council on an increase in the level of disability or survivor of
active employee deceased while on active duty coverage to be
provided by the commission council at the same time that wages
and other terms and conditions of employment are considered.
This section does not apply to employees hired after December
31, 1977.
Sec. 131. Minnesota Statutes 1992, section 473.42, is
amended to read:
473.42 [EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.]
Notwithstanding any contrary provisions of section 352.029,
the metropolitan transit commission council shall make the
employer contributions required pursuant to section 352.04,
subdivision 3, for any employee who was on authorized leave of
absence from the transit operating division of the former
metropolitan transit commission who is employed by the labor
organization which is the exclusive bargaining agent
representing employees of the office of transit operating
division operations and who is covered by the Minnesota state
retirement system in addition to all other employer
contributions the commission council is required to make.
Sec. 132. Minnesota Statutes 1992, section 473.436,
subdivision 2, is amended to read:
Subd. 2. [LEGAL INVESTMENTS.] Certificates of
indebtedness, bonds, or other obligations issued by the
commission council to which tax levies have been pledged
pursuant to section 473.446, subdivision 1, shall be proper for
investment of any funds by any bank, savings bank, savings and
loan association, credit union, trust company, insurance company
or public or municipal corporation, and may be pledged by any
bank, savings bank, savings and loan association, credit union,
or trust company as security for the deposit of public moneys.
Sec. 133. Minnesota Statutes 1992, section 473.436,
subdivision 3, is amended to read:
Subd. 3. [TAX EXEMPT.] Certificates of indebtedness,
bonds, or other obligations of the commission council shall be
deemed and treated as instrumentalities of a public government
agency.
Sec. 134. Minnesota Statutes 1992, section 473.436,
subdivision 6, is amended to read:
Subd. 6. [TEMPORARY BORROWING.] On or after the first day
of any fiscal year, the commission council may borrow money
which may be used or expended by the commission council for any
purpose, including but not limited to current expenses, capital
expenditures and the discharge of any obligation or indebtedness
of the commission council. The indebtedness must be represented
by a note or notes which may be issued from time to time in any
denomination and sold at public or private sale pursuant to a
resolution authorizing the issuance. The resolution must set
forth the form and manner of execution of the notes and shall
contain other terms and conditions the commission council deems
necessary or desirable to provide security for the holders of
the notes. The note or notes are payable from committed or
appropriated money from taxes, grants or loans of the state or
federal government made to the commission council, or other
revenues of the commission council, and the money may be pledged
to the payment of the notes. The commission council is
authorized to pledge to the payment of the note or notes taxes
levied by the regional transit board it under section 473.446,
subdivision 1, clause (a), and if taxes are so pledged the board
council shall transfer amounts received from the levy to
the commission council for payment of the note or notes. To the
extent the notes are not paid from the grant or loan money
pledged for the payment thereof, the principal and interest of
the notes must be paid from any taxes received by the transit
board council and any income and revenue received by or accrued
to the commission council during the fiscal year in which the
note or notes were issued, or other money of the commission
council lawfully available therefor.
Sec. 135. Minnesota Statutes 1992, section 473.446,
subdivision 1, is amended to read:
Subdivision 1. [TAXATION WITHIN TRANSIT TAXING DISTRICT.]
For the purposes of sections 473.404 to 473.449 and the
metropolitan transit system, except as otherwise provided in
this subdivision, the regional transit board council 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 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
council under section 473.436, subdivision 6;
(b) an additional amount, if any, the board council
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 property tax levied by the regional transit board
council for general purposes under clause (a) must not exceed
the following amount for the years specified:
(1) for taxes payable in 1988 1995, the product of two
mills multiplied by the total assessed valuation of all taxable
property located within the metropolitan transit taxing district
as adjusted by the provisions of Minnesota Statutes 1986,
sections 272.64; 273.13, subdivision 7a; and 275.49 council's
property tax levy limitation for general transit purposes is
equal to the former regional transit board's property tax levy
limitation for general transit purposes under this subdivision,
for taxes payable in 1994, multiplied by an index for market
valuation changes equal to the total market valuation of all
taxable property located within the metropolitan transit taxing
district for the current assessment year divided by the total
market valuation of all taxable property located within the
metropolitan transit taxing district for the previous assessment
year; and
(2) for taxes payable in 1989, the product of (i) the
regional transit board's property tax levy limitation for
general purposes for the taxes payable year 1988 determined
under clause (1) multiplied by (ii) an index for market
valuation changes equal to the assessment year 1988 total market
valuation of all taxable property located within the
metropolitan transit taxing district divided by the assessment
year 1987 total market valuation of all taxable property located
within the metropolitan transit taxing district; and
(3) for taxes payable in 1990 1996 and subsequent years,
the product of (i) the regional transit board's council's
property tax levy limitation for general transit purposes for
the previous year determined under this subdivision multiplied
by (ii) an index for market valuation changes equal to the total
market valuation of all taxable property located within the
metropolitan transit taxing district for the current assessment
year divided by the total market valuation of all taxable
property located within the metropolitan transit taxing district
for the previous assessment year.
For the purpose of determining the regional transit board's
council's property tax levy limitation for general transit
purposes for the taxes payable year 1988 and subsequent years
under this subdivision, "total market valuation" means the total
market valuation of all taxable property within the metropolitan
transit taxing district without valuation adjustments for fiscal
disparities (chapter 473F), tax increment financing (sections
469.174 to 469.179), and high voltage transmission lines
(section 273.425).
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 0.510 percent of net tax
capacity 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 0.765 percent of net tax
capacity 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 council the amounts certified by the county auditors on
the dates provided in section 273.1398. There is annually
appropriated from the general fund in the state treasury to the
department of revenue the amounts necessary to make these
payments.
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. 136. Minnesota Statutes 1992, section 473.446,
subdivision 1a, is amended to read:
Subd. 1a. [TAXATION WITHIN TRANSIT AREA.] For the purposes
of sections 473.404 to 473.449, and the metropolitan transit
system, the regional transit board metropolitan council shall
levy upon all taxable property within the metropolitan transit
area but outside of the metropolitan transit taxing district,
defined in subdivision 2, a transit tax, which shall be equal to
ten percent of the sum of the levies provided in subdivision 1,
clauses (a) to (c). The proceeds of this tax shall be used only
for paratransit services or ride sharing programs designed to
serve persons located within the transit area but outside of the
transit taxing district.
Sec. 137. Minnesota Statutes 1992, section 473.446,
subdivision 2, is amended to read:
Subd. 2. [TRANSIT TAXING DISTRICT.] The metropolitan
transit taxing district is hereby designated as that portion of
the metropolitan transit area lying within the following named
cities, towns, or unorganized territory within the counties
indicated:
(a) Anoka county. Anoka, Blaine, Centerville, Columbia
Heights, Coon Rapids, Fridley, Circle Pines, Hilltop, Lexington,
Lino Lakes, Spring Lake Park;
(b) Carver county. Chanhassen, the city of Chaska;
(c) Dakota county. Apple Valley, Burnsville, Eagan, Inver
Grove Heights, Lilydale, Mendota, Mendota Heights, Rosemount,
South St. Paul, Sunfish Lake, West St. Paul;
(d) Ramsey county. All of the territory within Ramsey
county;
(e) Hennepin county. Bloomington, Brooklyn Center,
Brooklyn Park, Champlin, Chanhassen, Crystal, Deephaven, Eden
Prairie, Edina, Excelsior, Golden Valley, Greenwood, Hopkins,
Long Lake, Maple Grove, Medicine Lake, Minneapolis, Minnetonka,
Minnetonka Beach, Mound, New Hope, Orono, Osseo, Plymouth,
Richfield, Robbinsdale, St. Anthony, St. Louis Park,
Shorewood, Spring Park, Tonka Bay, Wayzata, Woodland, the
unorganized territory of Hennepin county;
(f) Scott county. Prior Lake, Savage, Shakopee;
(g) Washington county. Baytown, the city of Stillwater,
White Bear Lake, Bayport, Birchwood, Cottage Grove, Dellwood,
Lake Elmo, Landfall, Mahtomedi, Newport, Oakdale, Oak Park
Heights, Pine Springs, St. Paul Park, Willernie, Woodbury.
The commission metropolitan council in its sole discretion
may provide transit service by contract beyond the boundaries of
the metropolitan transit taxing district or to cities and towns
within the taxing district which are receiving financial
assistance under section 174.265, upon petition therefor by an
interested city, township or political subdivision within the
metropolitan transit area. The commission metropolitan council
may establish such terms and conditions as it deems necessary
and advisable for providing the transit service, including such
combination of fares and direct payments by the petitioner as
will compensate the commission council for the full capital and
operating cost of the service and the related administrative
activities of the commission council. The amount of the levy
made by any municipality to pay for the service shall be
disregarded when calculation of levies subject to limitations is
made, provided that cities and towns receiving financial
assistance under section 174.265 shall not make a special levy
under this subdivision without having first exhausted the
available local transit funds as defined in section 174.265.
The commission council shall not be obligated to extend service
beyond the boundaries of the taxing district, or to cities and
towns within the taxing district which are receiving financial
assistance under section 174.265, under any law or contract
unless or until payment therefor is received.
Sec. 138. Minnesota Statutes 1992, section 473.446,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATION AND COLLECTION.] Each county
treasurer shall collect and make settlement of the taxes levied
under subdivisions 1 and 1a with the treasurer of the board
council. The levy of transit taxes pursuant to this section
shall not affect the amount or rate of taxes which may be levied
by any county or municipality or by the board council for other
purposes authorized by law and shall be in addition to any other
property tax authorized by law.
Sec. 139. Minnesota Statutes 1992, section 473.446,
subdivision 7, is amended to read:
Subd. 7. [PROTECTION OF RIGHTS OF HOLDERS OF OUTSTANDING
INDEBTEDNESS.] Beginning for taxes levied in 1984, payable in
1985, and for each succeeding year, the transit commission shall
certify to the transit board before October 1 of each year the
amounts necessary to provide full and timely payment of
certificates of indebtedness, bonds, and other obligations of
the commission, until all debt of the commission is fully
discharged. as part of its levy made pursuant to subdivisions 1
and 6, the board council shall levy the amounts certified by the
commission necessary to provide full and timely payment of
certificates of indebtedness, bonds, and other obligations of
the former metropolitan transit commission, until all debt of
the commission is fully discharged and transfer the proceeds to
the commission appropriate council account for payment of its
obligations. The taxes must be levied, certified, and collected
in accordance with the terms and conditions of the
indebtedness. Nothing in Laws 1984, chapter 654 may impair the
rights of holders of valid obligations of the former
metropolitan transit commission to require a levy of property
taxes. The transit board council shall take the actions
necessary to comply with the terms and conditions of the
obligations, including if necessary the levy of property taxes
to provide for a deficiency.
Sec. 140. Minnesota Statutes 1993 Supplement, section
473.446, subdivision 8, is amended to read:
Subd. 8. [STATE REVIEW.] The board council must certify
its property tax levy to the commissioner of revenue by August 1
of the levy year. The commissioner of revenue shall annually
determine whether the property tax for general transit purposes
certified by the regional transit board council for levy
following the adoption of its budget is within the levy
limitation imposed by subdivision 1. The commissioner shall
also annually determine whether the transit tax imposed on all
taxable property within the metropolitan transit area but
outside of the metropolitan transit taxing district is within
the levy limitation imposed by subdivision 1a. The
determination must be completed prior to September 10 of each
year. If current information regarding market valuation in any
county is not transmitted to the commissioner in a timely
manner, the commissioner may estimate the current market
valuation within that county for purposes of making the
calculations.
Sec. 141. Minnesota Statutes 1992, section 473.448, is
amended to read:
473.448 [COMMISSION COUNCIL; EXEMPTION FROM TAXATION.]
Notwithstanding any other provision of law to the contrary,
the properties, moneys, and other assets of the commission
council, all revenues or other income of the commission council
shall be exempt from all taxation, licenses, fees, or charges of
any kind imposed by the state or by any county, municipality,
political subdivision, taxing district, or other public agency
or body of the state.
Sec. 142. Minnesota Statutes 1992, section 473.449, is
amended to read:
473.449 [ACT EXCLUSIVE.]
The exercise by the commission council of the powers
provided in sections 473.404 to 473.449 shall not be subject to
regulation by or the jurisdiction or control of any other public
body or agency, either state, county, or municipal, except as
specifically provided in this chapter.
Sec. 143. Minnesota Statutes 1992, section 473.504,
subdivision 4, is amended to read:
Subd. 4. The commission council shall have the power to
adopt rules relating to the operation of any interceptors or
treatment works operated by it, and may provide penalties for
the violation thereof not exceeding the maximum which may be
specified for a misdemeanor. Any rule prescribing a penalty for
violation shall be published at least once in a newspaper having
general circulation in the metropolitan area.
Sec. 144. Minnesota Statutes 1992, section 473.504,
subdivision 5, is amended to read:
Subd. 5. The council or commission with the consent of the
council may accept gifts, may apply for and accept grants or
loans of money or other property from the United States, the
state, or any person for any of its purposes, including any
grant available under the federal water pollution act amendments
of 1972, whether for construction, research or pilot project
implementation, may enter into any agreement required in
connection therewith, and may hold, use, and dispose of such
money or property in accordance with the terms of the gift,
grant, loan or agreement relating thereto. The commission with
the consent of the council shall have council has all powers
necessary to comply with the federal water pollution control act
amendments of 1972 and any grant offered to it thereunder
including, but not limited to, the power to enter into such
contracts with, or to impose such charges upon, persons using
the metropolitan disposal system as it shall determine to be
necessary for the recovery of treatment works and interceptor
costs paid with federal grant funds. Insofar as possible these
costs shall be recovered by local government units on behalf of
the commission council.
Sec. 145. Minnesota Statutes 1992, section 473.504,
subdivision 6, is amended to read:
Subd. 6. The council or commission may act under the
provisions of section 471.59, or any other appropriate law
providing for joint or cooperative action between government
units.
Sec. 146. Minnesota Statutes 1992, section 473.504,
subdivision 9, is amended to read:
Subd. 9. The commission council may acquire by purchase,
lease, condemnation, gift, or grant, any real or personal
property including positive and negative easements and water and
air rights, and it may construct, enlarge, improve, replace,
repair, maintain, and operate any interceptor or treatment works
determined to be necessary or convenient for the collection and
disposal of sewage in the metropolitan area. Any local
government unit and the commissioners of transportation and
natural resources are authorized to convey to or permit the use
of any such facilities owned or controlled by it by the council
or the commission, subject to the rights of the holders of any
bonds issued with respect thereto, with or without compensation,
without an election or approval by any other government agency.
All powers conferred by this subdivision may be exercised both
within or without the metropolitan area as may be necessary for
the exercise by the council or commission of its powers or the
accomplishment of its purposes. The commission council may hold
such property for its purposes, and may lease any such property
so far as not needed for its purposes, upon such terms and in
such manner as it shall deem advisable. Unless otherwise
provided, the right to acquire lands and property rights by
condemnation shall be exercised in accordance with chapter 117,
and shall apply to any property or interest therein owned by any
local government unit; provided, that no such property devoted
to an actual public use at the time, or held to be devoted to
such use within a reasonable time, shall be so acquired unless a
court of competent jurisdiction shall determine that the use
proposed by the board is paramount to such use. Except in case
of property in actual public use, the commission council may
take possession of any property for which condemnation
proceedings have been commenced at any time after the issuance
of a court order appointing commissioners for its condemnation.
Sec. 147. Minnesota Statutes 1992, section 473.504,
subdivision 10, is amended to read:
Subd. 10. The commission council may construct or maintain
its systems or facilities in, along, on, under, over, or through
public streets, bridges, viaducts, and other public rights of
way without first obtaining a franchise from any local
government unit having jurisdiction over them; but such
facilities shall be constructed and maintained in accordance
with the ordinances and resolutions of any such government unit
relating to construction, installation, and maintenance of
similar facilities in such public properties and shall not
obstruct the public use of such rights of way.
Sec. 148. Minnesota Statutes 1992, section 473.504,
subdivision 11, is amended to read:
Subd. 11. The commission council may sell or otherwise
dispose of any real or personal property acquired by it which is
no longer required for accomplishment of its purposes. Such
property may be sold in the manner provided by section 469.065,
insofar as practical. The commission council may give such
notice of sale as it shall deem appropriate. When
the commission council determines that any property or any
interceptor or treatment works or any part thereof which has
been acquired from a local government unit without compensation
is no longer required, but is required as a local facility by
the government unit from which it was acquired, the commission
council may by resolution transfer it to such government unit.
Sec. 149. Minnesota Statutes 1992, section 473.504,
subdivision 12, is amended to read:
Subd. 12. The commission council may contract with the
United States or any agency thereof, any state or agency
thereof, or any local government unit or governmental agency or
subdivision, for the joint use of any facility owned by
the commission council or such entity, for the operation by such
entity of any system or facility of the commission council, or
for the performance on the commission's council's behalf of any
service, on such terms as may be agreed upon by the contracting
parties.
Sec. 150. Minnesota Statutes 1992, section 473.511,
subdivision 1, is amended to read:
Subdivision 1. [DUTY OF COMMISSION COUNCIL; ACQUISITION OF
EXISTING FACILITIES; NEW FACILITIES.] At any time after January
1, 1970, until the effective date of this section, the former
metropolitan waste control commission, and after the effective
date of this section, the council shall assume ownership of all
existing interceptors and treatment works which will be needed
to implement the council's comprehensive plan for the
collection, treatment, and disposal of sewage in the
metropolitan area, in the manner and subject to the conditions
prescribed in subdivisions 2 and 4, and shall thereafter
acquire, construct, equip, operate and maintain all additional
interceptors and treatment works which will be needed for such
purpose. The commission council shall assume ownership of all
treatment works owned by a local government unit if any part of
such treatment works will be needed for such purpose.
Sec. 151. Minnesota Statutes 1992, section 473.511,
subdivision 2, is amended to read:
Subd. 2. [METHOD OF ACQUISITION; EXISTING DEBT.] The
commission, with the approval of the council, may require any
local government unit to transfer to the commission council, all
of its right, title and interest in any interceptors or
treatment works and all necessary appurtenances thereto owned by
such local government unit which will be needed for the purpose
stated in subdivision 1. Appropriate instruments of conveyance
for all such property shall be executed and delivered to
the commission council by the proper officers of each local
government unit concerned. All persons regularly employed by a
local government unit to operate and maintain any treatment
works so transferred to the commission council, on the date on
which the transfer becomes effective, shall be employees of
the commission council, in the same manner and with the same
options and rights as are reserved to employees of sanitary
districts and joint boards under subdivision 3. The commission
council, upon assuming ownership of any such interceptors or
treatment works, shall become obligated to pay to such local
government unit amounts sufficient to pay when due all remaining
principal of and interest on bonds issued by such local
government unit for the acquisition or betterment of the
interceptors or treatment works taken over. Such amounts may be
offset against any amount to be paid to the commission council
by the local government unit as provided in section 473.517.
Sec. 152. Minnesota Statutes 1992, section 473.511,
subdivision 3, is amended to read:
Subd. 3. [EXISTING SANITARY DISTRICTS AND JOINT SEWER
BOARDS.] Effective January 1, 1971, the corporate existence of
the Minneapolis-St. Paul Sanitary District, the North Suburban
Sanitary Sewer District, and any joint board created by
agreement among local government units pursuant to section
471.59, to provide interceptors and treatment works for such
local government units, shall terminate. All persons regularly
employed by such sanitary districts and joint boards on that
date or on any earlier date on which the former waste control
commission pursuant to subdivisions 1 and 2 assumes assumed
ownership and control of any interceptors or treatment works
owned or operated by such sanitary districts and joint boards,
shall be and who are employees of the commission on the
effective date of this section, shall be employees of the
council, and may at their option become members of the Minnesota
state retirement system or may continue as members of a public
retirement association under chapter 422A or any other law, to
which they belonged before such date, and shall retain all
pension rights which they may have under such latter laws, and
all other rights to which they are entitled by contract or law.
Members of trades who are employed by the former metropolitan
waste control commission, who have trade union pension coverage
pursuant to a collective bargaining agreement, and who elected
exclusion from coverage pursuant to section 473.512, or who are
first employed after July 1, 1977, shall not be covered by the
Minnesota state retirement system. The waste control commission
council shall make the employer's contributions to pension funds
of its employees. Such employees shall perform such duties as
may be prescribed by the commission council. All funds of such
sanitary districts and joint boards then on hand, and all
subsequent collections of taxes, special assessments or service
charges levied or imposed by or for such sanitary districts or
joint boards shall be transferred to the waste control
commission council. The local government units otherwise
entitled to such cash, taxes, assessments or service charges
shall be credited with such amounts, and such credits shall be
offset against any amounts to be paid by them to the waste
control commission council as provided in section 473.517. The
former metropolitan waste control commission, and on the
effective date of this section, the council shall succeed to and
become vested by action of law with all right, title and
interest in and to any property, real or personal, owned or
operated by such sanitary districts and joint boards; and.
Prior to that date the proper officers of such sanitary
districts and joint boards, or the former metropolitan waste
control commission, shall execute and deliver to the board
council all deeds, conveyances, bills of sale, and other
documents or instruments required to vest in the
commission council good and marketable title to all such real or
personal property; provided that vesting of the title shall
occur by operation of law and failure to execute and deliver the
documents shall not affect the vesting of title in the former
metropolitan waste control commission or the council on the
dates indicated in this subdivision. The waste control
commission council shall become obligated to pay or assume all
bonded or other debt and contract obligations incurred by the
former metropolitan waste control commission, or by such
sanitary districts and joint boards, or incurred by local
government units for the acquisition or betterment of any
interceptors or treatment works owned or operated by such
sanitary districts or joint boards.
Sec. 153. Minnesota Statutes 1992, section 473.511,
subdivision 4, is amended to read:
Subd. 4. [CURRENT VALUE OF EXISTING FACILITIES.] When
the commission council assumes the ownership of any existing
interceptors or treatment works as provided in subdivision 2 or
3, the local government unit or units which paid part or all of
the cost of such facility, directly or pursuant to contracts for
reimbursement of costs, shall be entitled to receive a credit
against amounts to be allocated to them under section 473.517,
which may be spread over such period not exceeding 30 years as
the commission council shall determine, and an additional credit
equal to interest on the unused credit balance from time to time
at the rate of four percent per annum. The amount of such
credit shall equal the current value of the facility computed by
the commission council in the manner provided in this
subdivision at the time the commission council acquires it. The
original cost of a facility shall be computed as the total
actual costs of constructing it, including engineering, legal,
and administrative costs, less any part of it paid from federal
or state funds and less the principal amount of any then
outstanding bonds which were issued to finance its
construction. The original cost shall be multiplied by a factor
equal to a current cost index divided by the same cost index at
the time of construction, to determine replacement cost. The
cost indices used shall be the Engineering News Record
Construction Cost Indices for facilities or parts thereof
completed before 1930, and the United States Public Health
Service Federal Water Pollution Control Values for Sewer and
Treatment Plant Construction, as applied to facilities or parts
thereof completed in or after 1930. The current value of the
facility shall be the replacement cost depreciated by 2.50
percent per annum from the date of construction of treatment
works and 1.25 percent per annum from the date of construction
of interceptors; and decreased further by a reasonable allowance
for obsolescence if the board council determines that the
facility or any part thereof will not be useful for board
council purposes for at least the remaining period required to
depreciate it fully, assuming no salvage value. The current
value of each such facility shall be credited to each local
government unit in proportion to the amount of the construction
cost paid by that unit, as determined by the commission council,
taking into account reimbursements previously made under
contracts between any of the local government units.
The commission council shall prepare an itemized statement of
the amount of credit each local government unit is entitled to
receive under this subdivision, and the years and amounts of
installments of principal and interest thereon, and shall cause
it to be mailed or delivered to the governing body of each local
government unit concerned. All credits allowed under this
subdivision shall be used to finance current costs allocated to
the local government unit by the commission council or for other
sewer costs, and the credits shall not be considered as proceeds
from the sale of municipal property so as to permit their use
for other purposes.
Sec. 154. Minnesota Statutes 1992, section 473.512,
subdivision 1, is amended to read:
Subdivision 1. A member of a trade who is employed by the
former metropolitan waste control commission, and on the
effective date of this section is employed by the council, on a
permanent basis with trade union pension plan coverage pursuant
to a collective bargaining agreement shall be excluded from
coverage by the Minnesota state retirement system if the member
was first employed on or after June 1, 1977 or, if the member
was first employed prior to June 1, 1977, has elected to be
excluded from coverage by the Minnesota state retirement system
pursuant to subdivision 2 and has accepted a refund of
contributions pursuant to subdivision 3.
Sec. 155. Minnesota Statutes 1992, section 473.513, is
amended to read:
473.513 [MUNICIPAL PLANS AND PROGRAMS.]
As soon as practicable after the adoption of the first
policy plan by the council as provided in section 473.146, and
before undertaking the construction of any extensions or
additions to its disposal system or the substantial alteration
or improvement of its existing disposal system, each local
government unit shall adopt a similar policy plan for the
collection, treatment and disposal of sewage for which the local
government unit is responsible, coordinated with the council's
plan, and may revise the same as often as it deems necessary.
Each such plan shall be submitted forthwith to the waste control
commission council for review and shall be subject to the
approval of the commission council as to those features
affecting the commission's council's responsibilities as
determined by the commission council. Any such features
disapproved by the commission council shall be modified in
accordance with the commission's council's recommendations. No
construction of new sewers or other disposal facilities, and no
substantial alteration or improvement of any existing sewers or
other disposal facilities involving such features, shall be
undertaken by any local government unit unless its governing
body shall first find the same to be in accordance with its
comprehensive plan and program as approved by the commission
council. At the time each local government unit makes
application to the Minnesota pollution control agency for a
permit to alter or improve its disposal system it shall file
with the commission council a copy of the application together
with design data and a location map of the project.
Sec. 156. Minnesota Statutes 1992, section 473.515,
subdivision 1, is amended to read:
Subdivision 1. [IDENTIFICATION OF POWERS.] In addition to
all other powers conferred upon or delegated to the
commission council hereunder, it shall have the powers specified
in this section.
Sec. 157. Minnesota Statutes 1992, section 473.515,
subdivision 2, is amended to read:
Subd. 2. [RIGHT TO DISCHARGE TREATED SEWAGE.] The
commission council shall have the right to discharge the
effluent from any treatment works operated by it into any waters
of the state in accordance with any effluent or water quality
standards lawfully adopted by the pollution control agency.
Sec. 158. Minnesota Statutes 1992, section 473.515,
subdivision 3, is amended to read:
Subd. 3. [CONNECTIONS WITH METROPOLITAN SYSTEM.] The
commission council may require any person or local government
unit in the metropolitan area to provide for the discharge of
its sewage, directly or indirectly, into the metropolitan
disposal system, or to connect any disposal system or part
thereof with the metropolitan disposal system wherever
reasonable opportunity therefor is provided; may regulate the
manner in which such connections are made; may require any
person or local government unit discharging sewage into the
metropolitan disposal system to provide preliminary treatment
therefor; may prohibit the discharge into the metropolitan
disposal system of any substance which it determines will or may
be harmful to the system or any persons operating it; and may
require any local government unit to discontinue the
acquisition, betterment, or operation of any facility for its
disposal system wherever and so far as adequate service is or
will be provided by the metropolitan disposal system.
Sec. 159. Minnesota Statutes 1992, section 473.5155,
subdivision 1, is amended to read:
Subdivision 1. [REMEDIES AVAILABLE.] (a) For purposes of
this section, "violation" means any discharge or action by a
person that violates sections 473.501 to 473.549 or rules,
standards, variances, limitations, orders, stipulations,
agreements, schedules of compliance, or permits that are issued
or adopted by the commission council under sections 473.501 to
473.549.
(b) Each violation may be enforced by any one or a
combination of the following: criminal prosecution, civil
action, or other appropriate action in accordance with sections
473.501 to 473.549.
Sec. 160. Minnesota Statutes 1992, section 473.5155,
subdivision 3, is amended to read:
Subd. 3. [CIVIL PENALTIES.] A violation is subject to a
penalty payable to the state, in an amount to be determined by
the court, of not more than $1,000 per day of violation. The
civil penalty may be recovered by a civil action brought by the
commission council in the name of the state.
Sec. 161. Minnesota Statutes 1993 Supplement, section
473.516, subdivision 1, is amended to read:
Subdivision 1. [ACQUISITION AND OPERATION.] Without
limiting the grant or enumeration of any of the powers conferred
on the council or commission under sections 473.501 to 473.549,
the commission council shall have the specific power to acquire
by purchase, lease, condemnation, gift or grant any real or
personal property, positive and negative easements and water and
air rights, and it may construct, enlarge, improve, replace,
repair, maintain and operate waste facilities in the
metropolitan area deemed to be necessary or convenient in
connection with the processing or disposal of waste resulting
from sewage treatment, and the commission council may contract
for the maintenance and operation of such waste facilities,
subject to the bidding requirements of section 473.523.
The commission council may accept for processing waste derived
from outside the metropolitan area in the state, as well as
waste derived from within the metropolitan area, and may fix and
collect fees and charges for the acceptance of waste as
the commission council determines to be reasonable.
Sec. 162. Minnesota Statutes 1992, section 473.516,
subdivision 2, is amended to read:
Subd. 2. [GENERAL REQUIREMENTS.] With respect to its
activities under this section, the commission council shall be
subject to and comply with the applicable provisions of this
chapter. Property acquired by the commission council under this
section shall be subject to the provisions of section 473.545.
Any site or facility owned or operated for or by the commission
council shall conform to the policy plan adopted by the council
under section 473.149 and shall be authorized in accordance with
the commission's implementation plan approved by the council.
The commission council shall contract with private persons for
the construction, maintenance, and operation of waste
facilities, subject to the bidding requirements of section
473.523, where the facilities are adequate and available for use
and competitive with other means of providing the same service.
Sec. 163. Minnesota Statutes 1992, section 473.516,
subdivision 3, is amended to read:
Subd. 3. [LOCAL RESTRICTIONS.] Counties and local units of
government may impose conditions respecting the construction,
operation, inspection, monitoring, and maintenance of a waste
facility of the commission council and conditions respecting the
sale, gift, delivery, storage, use, and disposal of sewage
sludge of the commission council on private property as a soil
conditioner or amendment, but only in the manner and only to the
extent authorized and approved by the council and the pollution
control agency as being consistent with the establishment and
use of the commission's council's waste facilities and the
disposal of the commission's council's sewage sludge on private
property in accordance with the council's plan, adopted under
section 473.153, and agency permits and rules. Counties may
exercise the enforcement powers granted under section 473.811,
subdivision 5c, in the manner and to the extent authorized and
approved in accordance with this subdivision.
Sec. 164. Minnesota Statutes 1992, section 473.516,
subdivision 4, is amended to read:
Subd. 4. [TECHNICAL MONITORING; SEWAGE SLUDGE DISPOSAL.]
Each sewage sludge disposal facility of the waste control
commission council, or site used for the disposal of sewage
sludge of the commission council, shall be required to have an
agency permit issued pursuant to agency rules for permitting
sewage sludge disposal facilities and sites. Each permit shall
require a regular monitoring and testing program to be carried
out by the waste control commission council. A regular
inspection program shall be conducted by the agency or a county
under contract to the agency. The commission council shall
reimburse the agency quarterly for the cost of the program, and
the amounts reimbursed are hereby appropriated to the agency for
the purposes of the program. The commission council shall
attempt to the greatest practical extent to provide a sludge
quality that permits desired nutrient loadings and minimizes
elements not essential for plant growth when sludge is disposed
of on private property as a soil conditioner or amendment.
The commission council shall provide recipients with information
on the facility generating the sludge and the content of the
sludge taken from its various treatment facilities.
Sec. 165. Minnesota Statutes 1992, section 473.516,
subdivision 5, is amended to read:
Subd. 5. [SLUDGE ASH CONTRACTS.] Notwithstanding section
473.523, the commission council may enter into a negotiated
contract with a private person to use the sludge ash generated
by the commission council in a manufacturing process. The
contract may not exceed 30 years.
Sec. 166. Minnesota Statutes 1992, section 473.517,
subdivision 1, is amended to read:
Subdivision 1. [CURRENT COSTS DEFINED.] The estimated
costs of operation, maintenance, and debt service of the
metropolitan disposal system to be paid by the commission
council in each fiscal year, and the costs of acquisition and
betterment of the system which are to be paid during the year
from funds other than bond proceeds, including all expenses
incurred by the council pursuant to sections 473.501 to 473.545,
are referred to in this section as current costs, and shall be
allocated in the budget for that year to the respective local
government units in the metropolitan area as provided in
subdivisions 2 to 6. The amount budgeted by the commission
council for any year for a reserve or contingency fund must be
treated as a current cost and allocated as a cost of operation
and maintenance in accordance with this section. The reserve or
contingency fund so established may not exceed an amount equal
to 7.5 percent of the commission's council's waste control
operating budget in total.
Sec. 167. Minnesota Statutes 1992, section 473.517,
subdivision 2, is amended to read:
Subd. 2. [ALLOCATION OF METROPOLITAN TREATMENT WORKS AND
INTERCEPTOR COSTS; ADJUSTED VOLUME.] Except as provided in
subdivision 3, the current costs of all treatment works and
interceptors in the metropolitan disposal system shall be
allocated among and paid by all local government units which
will discharge sewage, directly or indirectly, into the
metropolitan disposal system during the budget year, in
proportion to the total volume estimated to be so discharged by
each local government unit, adjusted as follows:
(a) increased or decreased, as the case may be, to the
extent the commission council determines, on the basis of such
historical and reasonably projected data as may be available,
that the sewage discharged by one unit will require more or less
treatment to produce a suitable effluent than that discharged by
others;
(b) decreased by any amount of surface water estimated by
the commission council to be discharged by a local government
unit from a combined storm and sanitary sewer system;
(c) increased by that volume of normal sanitary sewage
which is equivalent for treatment purposes to the volume of
surface water referred to in clause (b), as determined by the
commission council from available engineering data; and
(d) increased or decreased, as the case may be, by the
amount of any substantial and demonstrable error in a previous
estimate.
Sec. 168. Minnesota Statutes 1992, section 473.517,
subdivision 3, is amended to read:
Subd. 3. [ALLOCATION OF METROPOLITAN TREATMENT WORKS AND
INTERCEPTOR COSTS; RESERVED CAPACITY.] In preparing each budget
the commission council shall estimate the current costs of
acquisition, betterment, and debt service, only, of the
treatment works in the metropolitan disposal system which will
not be used to total capacity during the budget year, and the
percentage of such capacity which will not be used, and shall
deduct the same percentage of such treatment works costs from
the current costs allocated under subdivision 2. The commission
council shall also estimate the current costs of acquisition,
betterment, and debt service, only, of the interceptors in the
metropolitan disposal system that will not be used to total
capacity during the budget year, shall estimate the percentage
of the total capacity that will not be used, and shall deduct
the same percentage of interceptor costs from the current costs
allocated under subdivision 2. The total amount so deducted
with respect to all treatment works and interceptors in the
system shall be allocated among and paid by the respective local
government units in the metropolitan area for which system
capacity unused each year is reserved for future use, in
proportion to the amounts of such capacity reserved for each of
them.
Sec. 169. Minnesota Statutes 1992, section 473.517,
subdivision 6, is amended to read:
Subd. 6. [DEFERMENT OF PAYMENTS.] The council may by
resolution provide for the deferment of payment of all or part
of the current costs of acquisition, betterment, and debt
service of estimated unused capacity which are allocated by the
commission council to a local government unit in any year
pursuant to subdivisions subdivision 3 and 4, repayable at such
time or times as the council shall specify in the resolution,
with interest at the approximate average annual rate borne by
council bonds outstanding at the time of the deferment, as
determined by the council. Such costs may be deferred only when
the council determines that a substantial portion of the
territory of a local government unit has not been connected to
the metropolitan disposal system, and that the amount of such
costs or some portion thereof is disproportionate to the
available economic resources of the unit at the time. Such
deferred costs shall be allocated to and paid by all local
government units in the metropolitan area which will discharge
sewage, directly or indirectly, into the metropolitan disposal
system in the budget year for which the deferment is granted, in
the same manner and proportions as current costs are allocated
under subdivision 5 2. When such deferred costs are repaid they
shall be applied in reduction of the total amount of costs
thereafter allocated to each of the local government units to
which such deferred costs were allocated in the year of
deferment, in proportion to their allocations thereof that year.
Sec. 170. Minnesota Statutes 1992, section 473.517,
subdivision 9, is amended to read:
Subd. 9. [ADVISORY COMMITTEES.] The commission council may
establish and appoint persons to advisory committees to assist
the commission council in the performance of its wastewater
control duties. If established, the advisory committees shall
meet with the waste control commission council to consult with
such members concerning the acquisition, betterment, operation
and maintenance of interceptors and treatment works in the
metropolitan disposal system, and the allocation of costs
therefor. Members of the advisory committee serve without
compensation but must be reimbursed for their reasonable
expenses as determined by section 15.059 the council.
Sec. 171. Minnesota Statutes 1992, section 473.519, is
amended to read:
473.519 [FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF
1972; SYSTEM OF CHARGES.]
Each local government unit shall adopt a system of charges
for the use and availability of the metropolitan disposal system
which will assure that each recipient of waste treatment
services within or served by the unit will pay its proportionate
share of the current costs allocated to the unit by the
commission council under section 473.517, as required by the
federal Water Pollution Control Act amendments of 1972, and any
regulations issued pursuant thereto. Each system of charges
shall be adopted as soon as possible and shall be submitted to
the commission council. The commission council shall review
each system of charges to determine whether it complies with the
federal law and regulations. If it determines that a system of
charges does not comply, the adopting unit shall be notified and
shall change its system to comply, and shall submit the changes
to the commission council for review. All subsequent changes in
a system of charges proposed by a local government unit shall
also be submitted to the commission council for review. Each
local government unit may appeal the determination of the
commission to the council for review and determination.
Sec. 172. Minnesota Statutes 1992, section 473.521,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNTS DUE COMMISSION COUNCIL, WHEN
PAYABLE.] Charges payable to the commission council by local
government units may be made payable at such times during each
year as the commission council determines, but such dates shall
be fixed with reference to the dates on which tax, assessment,
and revenue collections become available to the government units
required to pay such charges.
Sec. 173. Minnesota Statutes 1992, section 473.521,
subdivision 2, is amended to read:
Subd. 2. [COMPONENT MUNICIPALITIES, OBLIGATIONS TO
COMMISSION COUNCIL.] Each government unit shall pay to
the commission council all sums charged to it as provided in
section 473.517, at the times and in the manner determined by
the commission council. The governing body of each such
government unit shall take all action that may be necessary to
provide the funds required for such payments and to make the
same when due.
Sec. 174. Minnesota Statutes 1992, section 473.521,
subdivision 3, is amended to read:
Subd. 3. [POWERS OF GOVERNMENT UNITS.] To accomplish any
duty imposed on it by the council or commission, the governing
body of every government unit in the metropolitan area may
exercise the powers granted any municipality by chapters 117,
412, 429, 475, sections 115.46, 444.075 and 471.59.
Sec. 175. Minnesota Statutes 1992, section 473.521,
subdivision 4, is amended to read:
Subd. 4. [DEFICIENCY TAX LEVIES.] If the governing body of
any local government unit fails to meet any payment to
the commission council hereunder when due, the metropolitan
council may certify to the auditor of the county in which the
government unit is located the amount required for payment of
such amount with interest at six percent per annum. The auditor
shall levy and extend such amount as a tax upon all taxable
property in the government unit for the next calendar year, free
from any existing limitations imposed by law or charter. Such
tax shall be collected in the same manner as the general taxes
of the government unit, and the proceeds thereof, when
collected, shall be paid by the county treasurer to the
treasurer of the commission council and credited to the
government unit for which the tax was levied.
Sec. 176. Minnesota Statutes 1992, section 473.523,
subdivision 1, is amended to read:
Subdivision 1. No contract All contracts for any
construction work, or for the purchase of materials, supplies,
or equipment, costing more than $15,000 relating to the
metropolitan disposal system shall be made as provided in
section 471.345, subdivisions 3 to 6. Contracts subject to
section 471.345, subdivision 3, shall be made by the commission
without council by publishing once in a legal newspaper or trade
paper published in a city of the first class not less than two
weeks before the last day for submission of bids, notice that
bids or proposals will be received. Such notice shall state the
nature of the work or purchase and the terms and conditions upon
which the contract is to be awarded, and a time and place where
such bids will be received, opened, and read publicly. After
such bids have been duly received, opened, read publicly, and
recorded, the commission council shall award such contract to
the lowest responsible bidder or it may reject all bids and
readvertise. Each contract shall be duly executed in writing
and the party to whom the contract is awarded shall give
sufficient bond or security to the board for the faithful
performance of the contract as required by law. The commission
council shall have the right to set qualifications and
specifications and to require bids to meet all such
qualifications and specifications before being accepted. If the
commission council by an affirmative vote of two-thirds of its
members declares that an emergency exists requiring the
immediate purchase of materials or supplies at a cost in excess
of $15,000 the amount specified in section 471.345, subdivision
3, or in making emergency repairs, it shall not be necessary to
advertise for bids.
Sec. 177. Minnesota Statutes 1992, section 473.523,
subdivision 2, is amended to read:
Subd. 2. The administrator manager of wastewater services
may, without prior approval of the commission council and
without advertising for bids, enter into any contract of the
type referred to in subdivision 1 which is not in excess
of $15,000 the amount specified in section 471.345, subdivision
3.
Sec. 178. Minnesota Statutes 1992, section 473.535, is
amended to read:
473.535 [IMPLEMENTATION PLAN CAPITAL IMPROVEMENT PROGRAM;
BUDGET.]
The waste control commission council shall prepare, submit
to the council and adopt an implementation plan a capital
improvement program and a budget at the time and in the manner
provided in and otherwise comply with sections 473.161 and
473.163 for the acquisition or betterment of any interceptors or
treatment works determined by the council to be necessary or
desirable for the metropolitan disposal system. When the
council issues debt under section 473.541, it must be for the
projects identified in the adopted capital improvement program
and budget.
Sec. 179. Minnesota Statutes 1992, section 473.541,
subdivision 2, is amended to read:
Subd. 2. [EMERGENCY CERTIFICATES OF INDEBTEDNESS.] If in
any budget year the receipts of tax and other revenues should
from some unforeseen cause become insufficient to pay the
commission's council's current wastewater control expenses, or
if any calamity or other public emergency should subject it to
the necessity of making extraordinary wastewater control
expenditures, the council may make an emergency appropriation of
an amount sufficient to meet the deficiency and may authorize
the issuance, negotiation, and sale of certificates of
indebtedness in this amount in the same manner and upon the same
conditions as provided in subdivision 1, except that the council
shall forthwith levy on all taxable property in the metropolitan
area a tax sufficient to pay the certificates and interest
thereon, and shall appropriate all collections of such tax to a
special fund created for that purpose. The certificates may
mature not later than April in the year following the year in
which the tax is collectible.
Sec. 180. Minnesota Statutes 1992, section 473.542, is
amended to read:
473.542 [DEPOSITORIES.]
The commission council shall from time to time designate
one or more national or state banks, or trust companies
authorized to do a banking business, as official depositories
for moneys of the commission council, and thereupon shall
require the treasurer to deposit all or a part of such moneys in
such institutions. Such designation shall be in writing and
shall set forth all the terms and conditions upon which the
deposits are made, and shall be signed by the chair and
treasurer, and made a part of the minutes of the board council.
Any bank or trust company so designated shall qualify as a
depository by furnishing a corporate surety bond or collateral
in the amounts required by section 118.01. However, no bond or
collateral shall be required to secure any deposit insofar as it
is insured under federal law.
Sec. 181. Minnesota Statutes 1992, section 473.543,
subdivision 1, is amended to read:
Subdivision 1. All moneys from wastewater control
operations received by the commission council shall be deposited
or invested by the treasurer and disposed of as the
commission council may direct in accordance with its waste
control budget; provided that any moneys that have been pledged
or dedicated by the metropolitan council to the payment of
obligations or interest thereon or expenses incident thereto, or
for any other specific purpose authorized by law, shall be paid
by the treasurer into the fund to which they have been pledged.
Sec. 182. Minnesota Statutes 1992, section 473.543,
subdivision 2, is amended to read:
Subd. 2. The commission's council's treasurer shall
establish such funds and accounts as may be necessary or
convenient to handle the receipts and disbursements of
the commission council in an orderly fashion.
Sec. 183. Minnesota Statutes 1992, section 473.543,
subdivision 3, is amended to read:
Subd. 3. The moneys on hand in said funds and accounts may
be deposited in the official depositories of the commission
council or invested as hereinafter provided. The amount thereof
not currently needed or required by law to be kept in cash on
deposit may be invested in obligations authorized for the
investment of municipal sinking funds by section 475.66. Such
moneys may also be held under certificates of deposit issued by
any official depository of the commission council.
Sec. 184. Minnesota Statutes 1992, section 473.543,
subdivision 4, is amended to read:
Subd. 4. The use of proceeds of all bonds issued by the
council for the acquisition and betterment of interceptors or
treatment works, and the use, other than investment, of all
moneys on hand in any sinking fund or funds of the council,
shall be governed by the provisions of chapter 475, and the
provisions of resolutions authorizing the issuance of such
bonds. Such bond proceeds when received shall be transferred to
the treasurer of the commission for safekeeping, investment and
payment of capital costs.
Sec. 185. Minnesota Statutes 1992, section 473.545, is
amended to read:
473.545 [PROPERTY EXEMPT FROM TAXATION.]
Any properties, real or personal, owned, leased,
controlled, used, or occupied by the waste control commission
council for any purpose referred to in section 473.502 are
declared to be acquired, owned, leased, controlled, used and
occupied for public, governmental, and municipal purposes, and
shall be exempt from taxation by the state or any political
subdivision of the state, provided that such properties shall be
subject to special assessments levied by a political subdivision
for a local improvement in amounts proportionate to and not
exceeding the special benefit received by the properties from
such improvement. No possible use of any such properties in any
manner different from their use as part of the metropolitan
disposal system at the time shall be considered in determining
the special benefit received by such properties. All such
assessments shall be subject to final confirmation by the
metropolitan council, whose determination of the benefits shall
be conclusive upon the political subdivision levying the
assessment.
Sec. 186. Minnesota Statutes 1992, section 473.547, is
amended to read:
473.547 [TAX LEVIES.]
The council shall have power to levy taxes for debt service
of the metropolitan disposal system upon all taxable property
within the metropolitan area, without limitation of rate or
amount and without affecting the amount or rate of taxes which
may be levied by the council for other purposes or by any local
government unit in the area. The council shall also have power
to levy taxes as provided in section 473.521. Each of the
county auditors shall annually assess and extend upon the tax
rolls in the auditor's county the portion of the taxes levied by
the council in each year which is certified to the auditor by
the council. Each county treasurer shall collect and make
settlement of such taxes with the treasurer of the commission
council in the same manner as with other political subdivisions.
Sec. 187. Minnesota Statutes 1992, section 473.549, is
amended to read:
473.549 [RELATION TO EXISTING LAWS.]
The provisions of sections 473.501 to 473.549 shall be
given full effect notwithstanding the provisions of any law not
consistent therewith. The powers conferred on the council and
the commission under sections 473.501 to 473.545 shall in no way
diminish or supersede the powers conferred on the pollution
control agency by sections 103F.701 to 103F.761 and chapters 115
and 116.
Sec. 188. Minnesota Statutes 1992, section 473.553,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The metropolitan sports
facilities commission is established and shall be organized,
structured, and administered as provided in this section and
section 473.141, subdivisions 6 to 11, 13, and 14.
Sec. 189. Minnesota Statutes 1992, section 473.553,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] The commission shall consist of six
members, appointed by the governor during the period before
substantial completion of construction of sports facilities
pursuant to sections 473.551 to 473.595 and thereafter as
hereinafter provided, plus a chair appointed as provided in
subdivision 3. Initial appointments of members shall be made
within 30 days of May 17, 1977. One member shall be appointed
from each of the following combinations of metropolitan
commission precincts defined in section 473.141, subdivision 2:
A and B; C and G; D and E; F and H. Two members shall be
appointed from outside the metropolitan area. Upon substantial
completion of construction of the sports facility, vacancies
occurring on the commission, whether at the completion of or
prior to the completion of a member's term, shall be filled by
the city council of the city in which the stadium is
located plus a chair appointed as provided in subdivision 3.
Sec. 190. Minnesota Statutes 1992, section 473.553,
subdivision 4, is amended to read:
Subd. 4. [QUALIFICATIONS.] Each member appointed prior to
substantial completion of construction of a sports facility
constructed pursuant to sections 473.551 to 473.595 shall be a
resident of the precincts or area of the state for which
appointed. A member appointed at any time shall not during a
term of office hold the office of metropolitan council member or
be a member of another metropolitan agency that is subject to
section 473.141 or hold any judicial office or office of state
government. None of the members appointed by the city council
of the city in which the stadium is located shall be an elected
public official of that city or of another political subdivision
any part of whose territory is shared with that city. Each
member shall qualify by taking and subscribing the oath of
office prescribed by the Minnesota Constitution, article V,
section 6. The oath, duly certified by the official
administering it, shall be filed with the chair of the
metropolitan council.
Sec. 191. Minnesota Statutes 1992, section 473.553,
subdivision 5, is amended to read:
Subd. 5. [TERMS.] The terms of the three members
representing precincts A and B and C and G and the term of one
of the members from outside the metropolitan area shall end the
first Monday in January, 1981 in the year ending in the numeral
"5". The terms of the other members and the chair shall end the
first Monday in January, 1983 in the year ending in the numeral
"7". After the initial term provided for in this subdivision,
The term of each member and the chair shall be four years. The
terms shall continue until a successor is appointed and
qualified. Members and the chair may be removed in the manner
specified in chapter 351 only for cause.
Sec. 192. Minnesota Statutes 1992, section 473.553, is
amended by adding a subdivision to read:
Subd. 6. [VACANCIES.] A vacancy shall be filled by the
appointing authority in the same manner in which the original
appointment was made.
Sec. 193. Minnesota Statutes 1992, section 473.553, is
amended by adding a subdivision to read:
Subd. 7. [COMPENSATION.] Each commission member shall be
paid $50 for each day when the member attends one or more
meetings or provides other services, as authorized by the
commission, and shall be reimbursed for all actual and necessary
expenses incurred in the performance of duties. The chair of
the metropolitan sports facilities commission shall receive,
unless otherwise provided by other law, a salary in an amount
fixed by the members of the commission and shall be reimbursed
for reasonable expenses to the same extent as a member. The
annual budget of each commission shall provide as a separate
account anticipated expenditures for per diem, travel, and
associated expenses for the chair and members, and compensation
or reimbursement shall be made to the chair and members only
when budgeted.
Sec. 194. Minnesota Statutes 1992, section 473.553, is
amended by adding a subdivision to read:
Subd. 8. [REGULAR AND SPECIAL MEETINGS.] The commission
shall meet regularly at least once each month, at such time and
place as the commission shall by resolution designate. Special
meetings may be held at any time upon the call of the chair or a
majority of the members, upon written notice to each member at
least three days prior to the meeting, or upon such other notice
as the commission may by resolution provide. Unless otherwise
provided, any action within the authority of the commission may
be taken by the affirmative vote of a majority of the members.
A majority of all of the members of the commission shall
constitute a quorum, but a lesser number may meet and adjourn
from time to time and compel the attendance of absent members.
Sec. 195. Minnesota Statutes 1992, section 473.553, is
amended by adding a subdivision to read:
Subd. 9. [PERSONNEL CODE; MERIT SYSTEM.] (a) The council
shall by resolution adopt guidelines for a personnel code
relating to the employees of the commission, except that nothing
in Laws 1974, chapter 422, shall impair the rights of the
commission or employee under sections 473.405 and 473.415.
After adoption of the guidelines, the commission shall by
resolution adopt a personnel code in general conformance
therewith. The code shall include a job classification plan,
procedures for employment and promotion of personnel based on
merit, procedures for the demotion, suspension, or discharge of
employees, procedures for hearing grievances, procedures for
salary administration, and such other provisions as the council
deems appropriate. In addition, the code shall provide for the
development by the commission of affirmative action plans, as
provided in section 473.143. The executive director of the
commission shall administer the code, and the commission shall
not take any action inconsistent with the personnel code.
(b) When a commission employee has been demoted, suspended,
or dismissed by the executive director, the employee may, within
30 days after such action becomes effective, file with the
commission a written request for a hearing showing the position
from which the employee was dismissed, the date of dismissal,
and the reason for requesting the hearing, full name and present
mailing address. Upon receipt of a request for a hearing the
commission shall appoint three of its members to act as an
appeal committee and preside at a hearing on the action of the
executive director. The hearing shall be held within 30 days
after the request is received by the commission, upon written
notice mailed or delivered to the employee at the employee's
present mailing address, not less than seven days before the
hearing. The appeal committee shall approve or disapprove the
action of the executive director, and in the case of approval
the action of the executive director shall be final. In the
case of disapproval the appeal committee may reinstate the
employee under such conditions as it deems proper, and may order
the payment to the employee of compensation lost as a result of
the demotion, suspension or dismissal.
Sec. 196. Minnesota Statutes 1992, section 473.553, is
amended by adding a subdivision to read:
Subd. 10. [SECRETARY AND TREASURER.] At its first regular
meeting each year the commission shall appoint a secretary and a
treasurer or, in the alternative, a secretary-treasurer. The
secretary and treasurer, or secretary-treasurer, may, but need
not be, members of the commission, and shall hold office at the
pleasure of the commission, subject to the terms of any contract
of employment which the commission may enter into with the
secretary or treasurer. The secretary shall record the minutes
of all meetings of the commission and shall be the custodian of
all books and records of the commission except such as the
commission shall entrust to the custody of a designated
employee. The treasurer shall be the custodian of all moneys
received by the commission except such as the commission shall
entrust to the custody of a designated employee. The commission
may appoint a deputy to perform any and all functions of either
the secretary or the treasurer.
Sec. 197. Minnesota Statutes 1992, section 473.553, is
amended by adding a subdivision to read:
Subd. 11. [EXECUTIVE DIRECTOR.] The chair of the
commission shall, subject to the approval of the commission,
appoint an executive director who shall be chosen solely on the
basis of training, experience, and other qualifications, and who
shall serve at the pleasure of the commission. The executive
director shall attend meetings of the commission, but shall not
vote, and shall have the following powers and duties:
(a) See that all resolutions, rules, or orders of the
commission are enforced.
(b) Appoint and remove, subject to the provisions of the
personnel code adopted pursuant to subdivision 9, upon the basis
of merit and fitness, all subordinate officers and regular
employees of the commission.
(c) Present to the commission plans, studies, and reports
prepared for commission purposes and recommend to the commission
for adoption such measures as the executive director deems
necessary to enforce or carry out the powers and duties of the
commission, or to the efficient administration of the affairs of
the commission.
(d) Keep the commission fully advised as to its financial
condition, and prepare and submit to the commission its annual
budget and such other financial information as it may request.
(e) Recommend to the commission for adoption such rules as
the executive director deems necessary for the efficient
operation of the commission's functions.
(f) Perform such other duties as may be prescribed by the
commission.
Sec. 198. Minnesota Statutes 1992, section 473.553, is
amended by adding a subdivision to read:
Subd. 12. [COMMISSION OPERATING PROCEDURES.] (a) The
commission shall adopt resolutions and bylaws, an administrative
code establishing procedures for commission action, keeping
records, approving claims, authorizing and making disbursements,
authorizing contracts, safekeeping funds and audit of all
financial operations of the commission.
(b) The commission and the council may enter into contracts
with each other and with other commissions and governmental
units for the joint exercise of powers in the manner provided by
section 471.59; provided that the commission shall not enter
into any contract with the council which would assign any
operations authority, responsibility or function, other than
planning or making studies, from the commission to the council.
Sec. 199. Minnesota Statutes 1992, section 473.553, is
amended by adding a subdivision to read:
Subd. 13. [RELOCATION PAYMENT STANDARDS.] In all
acquisitions the commission shall provide as a cost of
acquisition the relocation assistance, services, payments and
benefits required by the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1971),
United States Code, title 42, section 4601, et seq.
Sec. 200. Minnesota Statutes 1992, section 473.561, is
amended to read:
473.561 [EXEMPTION FROM COUNCIL REVIEW.]
The acquisition and betterment of sports facilities by the
commission shall be conducted pursuant to sections 473.551 to
473.595 and shall not be affected by the provisions of sections
473.161, 473.165, and 473.173.
Sec. 201. Minnesota Statutes 1992, section 473.595,
subdivision 3, is amended to read:
Subd. 3. [BUDGET PREPARATION; REVIEW AND APPROVAL.] The
commission shall comply with the provisions of section 473.163,
provided that the entire budget, including operating revenues
and expenditures for operation, administration, and maintenance,
shall be subject to approval by the council, in accordance with
the procedures described in section 473.163.
The commission shall prepare a proposed budget by August 1
of each year. The budget shall include operating revenues and
expenditures for operation, administration, and maintenance. In
addition, the budget must show for each year:
(a) The estimated operating revenues from all sources
including funds on hand at the beginning of the year, and
estimated expenditures for costs of operation, administration,
maintenance, and debt service;
(b) Capital improvement funds estimated to be on hand at
the beginning of the year and estimated to be received during
the year from all sources and estimated cost of capital
improvements to be paid out or expended during the year; all in
such detail and form as the council may prescribe; and
(c) The estimated source and use of pass-through funds.
As early as practicable before August 15 of each year, the
commission shall hold a public hearing on a draft of the
proposed budget. Along with the draft, the commission shall
publish a report on user charges. The report must include an
estimate and analysis of the changes in user charges, rates, and
fees that will be required by the commission's budget. Not less
than 14 days before the hearing, the commission shall publish
notice of the hearing in a newspaper having general circulation
in the metropolitan area, stating the date, time, and place of
hearing, and the place where the proposed budget and report on
user charges may be examined by any interested person.
Following the hearing, the commission shall publish a report of
the hearing that summarizes the comments received and the
agency's response. The council shall approve or disapprove the
entire budget by October 1 of each year. Before December 15 of
each year, the commission shall by resolution adopt a final
budget. The commission shall file its final budget with the
council on or before December 20 of each year. The council
shall file the budgets with the secretary of the senate and the
clerk of the house of representatives not later than January 1
of each year.
Except in an emergency, for which procedures must be
established by the agency, the commission and its officers,
agents, and employees may not spend money for any purpose, other
than debt service, without an appropriation by the commission,
and no obligation to make such an expenditure shall be
enforceable except as the obligation of the person or persons
incurring it. The creation of any debt obligation or the
receipt of any federal or state grant is a sufficient
appropriation of the proceeds for the purpose for which it is
authorized, and of the tax or other revenues pledged to pay the
obligation and interest on it whether or not specifically
included in any annual budget. After obtaining approval of the
council, if required under subdivision 2, the agency may amend
the budget at any time by transferring any appropriation from
one purpose to another, except appropriations of the proceeds of
bonds issued for a specific purpose.
Sec. 202. Minnesota Statutes 1993 Supplement, section
473.604, subdivision 1, is amended to read:
Subdivision 1. [COMPOSITION.] The commission consists of:
(1) the mayor of each of the cities, or a qualified voter
appointed by the mayor, for the term of office as mayor;
(2) eight members, one appointed from each of the agency
districts provided for in section 473.141, subdivision 2, for
terms as provided in section 473.141, subdivision 4a appointed
by the governor from each of the following agency districts:
(i) district A, consisting of council districts 1 and 2;
(ii) district B, consisting of council districts 3 and 4;
(iii) district C, consisting of council districts 5 and 6;
(iv) district D, consisting of council districts 7 and 8;
(v) district E, consisting of council districts 9 and 10;
(vi) district F, consisting of council districts 11 and 12;
(vii) district G, consisting of council districts 13 and
14; and
(viii) district H, consisting of council districts 15 and
16.
Each member shall be a resident of the district represented.
The members shall be appointed by the governor. Before making
an appointment, the governor shall consult with each member of
the legislature from the district for which the member is to be
appointed, to solicit the legislator's recommendation on the
appointment;
(3) four members appointed by the governor from outside of
the metropolitan area to reflect fairly the various regions and
interests throughout the state that are affected by the
operation of the commission's major airport and airport system.
Two of these members must be residents of statutory or home rule
charter cities, towns, or counties containing an airport
designated by the commissioner of transportation as a key
airport. The other two must be residents of statutory or home
rule charter cities, towns, or counties containing an airport
designated by the commissioner of transportation as an
intermediate airport. The members must be appointed by the
governor as follows: one for a term of one year, one for a term
of two years, one for a term of three years, and one for a term
of four years. All of the terms start on July 1, 1989. The
successors of each member must be appointed to four-year terms
commencing on the first Monday in January of each fourth year
after the expiration of the original term. Before making an
appointment, the governor shall consult each member of the
legislature representing the municipality or county from which
the member is to be appointed, to solicit the legislator's
recommendation on the appointment; and
(4) a chair appointed by the governor for a term of four
years. The chair may be removed at the pleasure of the governor.
Sec. 203. Minnesota Statutes 1992, section 473.605,
subdivision 2, is amended to read:
Subd. 2. Each commission member shall receive $50 per diem
compensation and be reimbursed for actual and necessary expenses
as provided by section 473.141, subdivision 7. The chair shall
receive a salary as prescribed in section 15A.081, subdivision
7, and shall be reimbursed for reasonable expenses to the same
extent as a member. The mayors and members of the city councils
of Minneapolis and St. Paul shall not be eligible for per diem
compensation. The annual budget of the commission shall provide
as a separate account anticipated expenditures for per diem,
travel, and associated expenses for the chair and members, and
compensation or reimbursement shall be made to the chair and
members only when budgeted.
Sec. 204. Minnesota Statutes 1992, section 473.823,
subdivision 3, is amended to read:
Subd. 3. [SOLID WASTE FACILITIES; REVIEW PROCEDURES.] (a)
The agency shall request applicants for solid waste facility
permits to submit all information deemed relevant by the council
to its review, including without limitation information relating
to the geographic areas and population served, the need, the
effect on existing facilities and services, the effectiveness of
proposed buffer areas to ensure, at a minimum, protection of
surrounding land uses from adverse or incompatible impacts due
to landfill operation and related activities, the anticipated
public cost and benefit, the anticipated rates and charges, the
manner of financing, the effect on metropolitan plans and
development programs, the supply of waste, anticipated markets
for any product, and alternative means of disposal or energy
production.
(b) A permit may not be issued for the operation of a solid
waste facility in the metropolitan area which is not in
accordance with the metropolitan council's solid waste policy
plan. The metropolitan council shall determine whether a permit
is in accordance with the policy plan. In making its
determination, the council shall consider the areawide need and
benefit of the applicant facility and the effectiveness of
proposed buffer areas to adequately protect surrounding land
uses in accordance with its policy plan, and may consider,
without limitation, the effect of the applicant facility on
existing and planned solid waste facilities described in a waste
control commission implementation plan or county report or
master plan.
(c) If the council determines that a permit is in
accordance with its policy plan, the council shall approve the
permit. If the council determines that a permit is not in
accordance with its policy plan, it shall disapprove the
permit. The council's approval of permits may be subject to
conditions necessary to satisfy criteria and standards in its
policy plan, including conditions respecting the type,
character, and quantities of waste to be processed at a solid
waste facility used primarily for resource recovery and the
geographic territory from which a resource recovery facility or
transfer station serving such a facility may draw its waste.
(d) For the purpose of this review and approval by the
council, the agency shall send a copy of each permit application
and any supporting information furnished by the applicant to the
metropolitan council within 15 days after receipt of the
application and all other information requested from the
applicant. Within 60 days after the application and supporting
information are received by the council, unless a time extension
is authorized by the agency, the council shall issue to the
agency in writing its determination whether the permit is
disapproved, approved, or approved with conditions. If the
council does not issue its determination to the agency within
the 60-day period, unless a time extension is authorized by the
agency, the permit shall be deemed to be in accordance with the
council's policy plan.
(e) A permit may not be issued in the metropolitan area for
a solid waste facility used primarily for resource recovery or a
transfer station serving the facility, if the facility or
station is owned or operated by a public agency or if the
acquisition or betterment of the facility or station is secured
by public funds or obligations issued by a public agency, unless
the council finds and determines that adequate markets exist for
the products recovered and that establishment of the facility is
consistent with the criteria and standards in the metropolitan
and county plans respecting the protection of existing resource
recovery facilities and transfer stations serving such
facilities.
Sec. 205. Minnesota Statutes 1992, section 473.852,
subdivision 8, is amended to read:
Subd. 8. [METROPOLITAN SYSTEM PLANS.] "Metropolitan system
plans" means the airports and transportation portions of the
metropolitan development guide, and the policy
plans, implementation plans, and capital budgets for
metropolitan waste control wastewater service, transportation,
and regional recreation open space.
Sec. 206. Minnesota Statutes 1992, section 473.852,
subdivision 10, is amended to read:
Subd. 10. [PRIVATE SEWER FACILITY.] "Private sewer
facility" means a single lot, multiple lot or other sewage
collection or treatment facility owned, constructed or operated
by any person other than a local governmental unit or
the metropolitan waste control commission council.
Sec. 207. [TRANSITION; PENSION.]
A person who was an employee of the metropolitan transit
commission on July 1, 1984, and became an employee of the
regional transit board and who subsequently becomes an employee
of the metropolitan council on the effective date of this
section has the option of continued coverage under Minnesota
Statutes, chapter 353.
Sec. 208. [REGIONAL PARKS APPROPRIATION; CONSULTATION.]
The metropolitan council must consult with the city of Eden
Prairie and must consider using part of an appropriation, if
made, to the council for regional parks, for the acquisition of
226 acres in Eden Prairie that contain oak savannah, native
prairie, and maple basswood forest, for use as a regional nature
preserve.
Sec. 209. [REPEALER.]
(a) Minnesota Statutes 1992, sections 115A.03, subdivision
20; 115A.33; 174.22, subdivision 4; 473.121, subdivisions 15 and
21; 473.122; 473.146, subdivisions 2, 2a, 2b, and 2c; 473.153;
473.161; 473.163; 473.181, subdivision 3; 473.325, subdivision
5; 473.384, subdivision 9; 473.388, subdivision 6; 473.404, as
amended by Laws 1993, chapter 119, section 1; 473.405,
subdivisions 2, 6, 7, 8, 11, 13, and 14; 473.417; 473.435;
473.436, subdivision 7; 473.445, subdivisions 1 and 3; 473.501,
subdivision 2; 473.503; 473.504, subdivisions 1, 2, 3, 7, and 8;
473.511, subdivision 5; 473.517, subdivision 8; 473.543,
subdivision 5; and 473.553, subdivision 4a, are repealed.
(b) Minnesota Statutes 1992, sections 473.121, subdivision
14a; 473.141, as amended by Laws 1993, chapter 314, sections 3
and 4; 473.373, as amended by Laws 1993, chapter 314, section 5;
473.375, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, 16, 17, and
18; 473.377; 473.38; Minnesota Statutes 1993 Supplement, section
473.3996, are repealed.
Sec. 210. [APPLICATION.]
This article applies in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 211. [INSTRUCTION TO REVISOR.]
In the next publication of Minnesota Statutes after October
1, 1994, the revisor of statutes shall delete "board" and insert
"council" wherever it appears in Minnesota Statutes, section
473.386, subdivision 2.
Sec. 212. [EFFECTIVE DATE.]
Sections 1, 4, 10, 11, 15, 16, 18 to 25, 32, 43, 48, 49,
52, 62 to 66, and 68 to 73, 75 to 77, 79 to 86, 88, 90, 97, 98,
100, 136, 138, 140, and 207 are effective October 1, 1994.
Section 41 is effective January 1, 1995. Sections 60, 61, 67,
and 78 are effective the day after final enactment. Section
209, paragraph (a) is effective July 1, 1994, except that the
repeal of those provisions relating to the powers and duties of
the regional transit board is not effective as applied to the
regional transit board until October 1, 1994. Section 209,
paragraph (b) is effective October 1, 1994. The remainder of
this article is effective July 1, 1994, except that those
provisions providing for changes in the powers and duties of the
regional transit board are not effective as applied to the
regional transit board until October 1, 1994.
ARTICLE 4
CITATION
Section 1. [CITATION.]
This act is the Metropolitan Reorganization Act of 1994.
Presented to the governor May 6, 1994
Signed by the governor May 10, 1994, 3:57 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes