Key: (1) language to be deleted (2) new language
CHAPTER 484-H.F.No. 2591
An act relating to government; creating the
Koochiching county economic development commission and
changing the allocation of certain money to go to it;
authorizing Yellow Medicine county to establish an
economic development authority; changing economic
development authority of certain nonmetropolitan
counties; establishing a legislative commission on
Minnesota-Ontario matters; appropriating money;
amending Minnesota Statutes 1998, section 298.17;
proposing coding for new law in Minnesota Statutes,
chapters 3; and 469.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. Minnesota Statutes 1998, section 298.17, is
amended to read:
298.17 [OCCUPATION TAXES TO BE APPORTIONED.]
All occupation taxes paid by persons, copartnerships,
companies, joint stock companies, corporations, and
associations, however or for whatever purpose organized, engaged
in the business of mining or producing iron ore or other ores,
when collected shall be apportioned and distributed in
accordance with the Constitution of the state of Minnesota,
article X, section 3, in the manner following: 90 percent shall
be deposited in the state treasury and credited to the general
fund of which four-ninths shall be used for the support of
elementary and secondary schools; and ten percent of the
proceeds of the tax imposed by this section shall be deposited
in the state treasury and credited to the general fund for the
general support of the university. Of the moneys apportioned to
the general fund by this section there is annually appropriated
and credited to the iron range resources and rehabilitation
board account in the special revenue fund an amount equal to
that which would have been generated by a 1.5 cent tax imposed
by section 298.24 on each taxable ton produced in the preceding
calendar year, to be expended for the purposes of section
298.22. The money appropriated pursuant to this section shall
be used (1) to provide environmental development grants to local
governments located within any county in region 3 as defined in
governor's executive order number 60, issued on June 12, 1970,
which does not contain a municipality qualifying pursuant to
section 273.134 or (2) to provide economic development loans or
grants to businesses located within any such county, provided
that the county board or an advisory group appointed by the
county board to provide recommendations on economic development
shall make recommendations to the iron range resources and
rehabilitation board regarding the loans. Payment to the iron
range resources and rehabilitation board account shall be made
by May 15 annually.
Of the money allocated to Koochiching county, one-third
must be paid to the small business development center/economic
development office currently located at the Rainy River
community college for its operations Koochiching county economic
development commission.
Sec. 2. [ECONOMIC DEVELOPMENT COMMISSION.]
Subdivision 1. [CREATION.] The Koochiching county economic
development commission consists of:
(1) two Koochiching county commissioners, appointed by the
chair of the commission;
(2) two members of the International Falls city council,
appointed by the mayor;
(3) two residents of Koochiching county, appointed by the
other members of the commission;
(4) one state legislator representing Koochiching county,
appointed by the other members of the board.
Members serve at the pleasure of the appointing authority.
Subd. 2. [DUTIES.] The commission shall:
(1) hire economic development staff;
(2) establish economic development priorities for
Koochiching county; and
(3) approve economic development projects for Koochiching
county.
Subd. 3. [CLOSED MEETINGS; RECORDING.] The commission may,
by a majority vote in a public meeting, decide to hold a closed
meeting for purposes of discussing data described in subdivision
4 or security information, trade secret information, or labor
relations information, as defined in Minnesota Statutes, section
13.37, subdivision 1. The time and place of the closed meeting
must be announced at the public meeting. A written roll of
members present at the closed meeting must be made available to
the public after the closed meeting. The proceedings of a
closed meeting must be tape recorded. The data on the tape are
nonpublic data or private data on individuals as defined in
Minnesota Statutes, section 13.02, subdivision 9 or 12,
whichever is applicable.
Subd. 4. [APPLICATION AND INVESTIGATIVE DATA.] Financial
data, statistics, and information furnished to the commission in
connection with assistance or proposed assistance, including
credit reports; financial statements; statements of net worth;
income tax returns, either personal or corporate; and any other
business and personal financial records, are private data with
regard to data on individuals under Minnesota Statutes, section
13.02, subdivision 12, or nonpublic data with regard to data not
on individuals under Minnesota Statutes, section 13.02,
subdivision 9.
Sec. 3. [YELLOW MEDICINE COUNTY; ECONOMIC DEVELOPMENT
AUTHORITY; ESTABLISHMENT AND POWERS.]
Subdivision 1. [ESTABLISHMENT.] The board of county
commissioners of Yellow Medicine county may establish an
economic development authority in the manner provided in
Minnesota Statutes, sections 469.090 to 469.1081, and may impose
limits on the authority enumerated in Minnesota Statutes,
section 469.092. The economic development authority has all of
the powers and duties granted to or imposed upon economic
development authorities under Minnesota Statutes, sections
469.090 to 469.1081. The county economic development authority
may create and define the boundaries of economic development
districts at any place or places within the county, provided
that a project as recommended by the county authority that is to
be located within the corporate limits of a city may not be
commenced without the approval of the governing body of the
city. Minnesota Statutes, section 469.174, subdivision 10, and
the contiguity requirement specified under Minnesota Statutes,
section 469.101, subdivision 1, do not apply to limit the areas
that may be designated as county economic development districts.
Subd. 2. [POWERS.] If an economic development authority is
established as provided in subdivision 1, the county may
exercise all of the powers relating to an economic development
authority granted to a city under Minnesota Statutes, sections
469.090 to 469.1081, or other law, including the power to levy a
tax to support the activities of the authority.
Sec. 4. [469.1082] [COUNTY ECONOMIC DEVELOPMENT SERVICE
PROVIDER; NONMETRO ALTERNATIVE CREATION.]
Subdivision 1. [AUTHORITY TO CREATE.] A county located
outside the metropolitan area may form a county economic
development authority or grant a housing and redevelopment
authority the powers specified in subdivision 4, clause (2), if
it receives a recommendation to do so from a committee formed
under subdivision 2. An economic development authority
established under this section has all the powers and rights of
an authority under sections 469.090 to 469.1081, except the
authority granted under section 469.094 if so limited under
subdivision 4. This section is in addition to any other
authority to create a county economic development authority or
service provider.
Subd. 2. [LOCAL COMMITTEES.] Upon notice to all local
government units and development agencies within the county, a
county may adopt a resolution to create a committee to recommend
options for a county economic development service provider.
The committee shall consist of no fewer than 11 and no more
than 15 members appointed by the county board. At least one
city official, at least one housing and redevelopment official,
and at least one township official from the county to be served
by the county economic service provider shall be included on the
committee. Members may also represent school districts,
political subdivisions that currently provide services under
sections 469.001 to 469.047 and 469.090 to 469.1081, nonprofit
or for-profit housing and economic development organizations,
business, and labor organizations located within the county.
Political subdivision representatives must be selected by their
local governments and must constitute at least 50 percent of the
total committee membership. The county may appoint no more than
two county commissioners. The committee shall select a chair at
its initial meeting.
Subd. 3. [COMMITTEE REPORT.] The committee shall issue its
report within 90 days of its initial meeting. The committee may
request one 60-day extension from the county board. The report
must contain the committee's recommendation for the preferred
organizational option for a county economic development service
provider, including the distance of the radius of the
extraterritorial parcel that may be controlled by each affected
city in subdivision 5. This extraterritorial parcel may not
exceed two miles from the city boundary. The report must
contain written findings on issues considered by the committee
including, but not limited to, the following:
(1) identification of the current level of economic
development, housing, and community development programs and
services provided by existing agencies, any existing gaps in
programs and services, and the capacity and ability of those
agencies to expand their activities; and
(2) the recommended organizational option for providing
needed economic development, housing, and community development
services in the most efficient, effective manner.
Subd. 4. [ORGANIZATIONAL OPTIONS.] The committee may only
recommend:
(1) establishment of a county economic development
authority to operate under sections 469.090 to 469.1081, except
that the county shall not have the powers of section 469.094
without the consent of an existing county housing and
redevelopment authority operating within that county. For the
purposes of a county economic development authority's operation,
the county is considered to be the city and the county board is
considered to be the city council;
(2) requiring an existing county housing and redevelopment
authority or multicounty housing and redevelopment authority to
operate under sections 469.090 to 469.1081;
(3) that the county pursue special legislation; or
(4) no change in the existing structure.
Subd. 5. [AREA OF OPERATION.] The area of operation of a
county economic development service provider created under this
section shall include all cities within a county that have
adopted resolutions electing to participate. A city may adopt a
resolution electing to withdraw participation. The withdrawal
election may be made every fifth year following adoption of the
resolution electing participation. The withdrawal election is
effective on the anniversary date of the original resolution
provided notice is given to the county economic development
authority not less than 90 nor more than 180 days prior to that
anniversary date. The city electing to withdraw retains any
rights, obligations, and liabilities it obtained or incurred
during its participation. Any city within the county shall have
the option to adopt a resolution to prohibit the county economic
development service provider created under this section from
operating within its boundaries and (1) within an agreed upon
urban service area, or (2) within the boundary approved in the
committee report referenced in subdivision 3. If a city
prohibits a county economic development service provider created
under this section from operating within its boundaries, the
city's property taxpayers shall not be subject to the property
tax levied for the county economic development service provider.
Subd. 6. [CITY ECONOMIC DEVELOPMENT AUTHORITIES.] If a
county economic development service provider has been
established under this section, existing city economic
development authorities shall continue to function and operate
under sections 469.090 to 469.1081. Additional city economic
development authorities may be created within the area of
operation of the county economic development service provider
created under this section without the explicit concurrence of
the county economic development service provider.
Subd. 7. [CONTINUATION OF EXISTING COUNTY AND MULTICOUNTY
HOUSING AND REDEVELOPMENT AUTHORITIES.] Existing county and
multicounty housing and redevelopment authorities shall continue
to function and operate under the provisions of sections 469.001
to 469.047.
Sec. 5. [EFFECTIVE DATE.]
(a) Section 2 is effective upon approval of the Koochiching
county board and compliance with Minnesota Statutes, section
645.021, subdivision 3.
(b) Section 3 is effective the day after the governing body
of Yellow Medicine county and its chief clerical officer timely
complete their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
ARTICLE 2
Section 1. [3.884] [LEGISLATIVE COMMISSION ON
MINNESOTA-ONTARIO MATTERS.]
Subdivision 1. [ESTABLISHMENT.] A legislative advisory
commission on Minnesota-Ontario matters is established. The
commission is made up of 12 Minnesota members appointed as
provided in subdivision 2, with the intent of meeting with a
like commission of Ontario citizens appointed as provided by the
appropriate government authority of Ontario for the purpose of
making recommendations regarding Minnesota-Ontario issues of
mutual interest involving natural resources, transportation,
economic development, and social matters. A report and
appropriate recommendations must be made annually to the
appointing bodies.
Subd. 2. [MINNESOTA APPOINTEES.] Six of the Minnesota
members must be appointed by the speaker of the house, three
from among the members of the house of representatives and three
from Minnesota citizens with interest in and knowledge of
Minnesota-Ontario issues; and six members appointed by the
subcommittee on committees of the committee on rules and
administration of the senate, three from among the members of
the senate and three from Minnesota citizens with an interest in
and knowledge of Minnesota-Ontario issues. The most senior
house member shall convene the first meeting of the commission.
Subd. 3. [TERMS.] Minnesota legislative members shall
serve for the term of the legislative office to which they were
elected. The terms, compensation, and removal of the
nonlegislative members of the commission shall be as provided in
section 15.059. Notwithstanding section 15.059, subdivision 5,
the commission shall continue to exist.
Subd. 4. [OFFICERS.] (a) There must be cochairs of the
commission. The Ontario section must have a chair and the
Minnesota section must have a chair. The Ontario chair must
conduct meetings held in Canada and the Minnesota chair must
conduct meetings held in the United States.
(b) There must be vice-chairs of the respective sections.
There must be elected one secretary from the commission at large.
(c) Officers shall be elected by the respective contingent.
(d) The Minnesota chair shall alternate every two years
between house and senate appointees.
Subd. 5. [STAFF.] The commission may hire the staff
necessary to carry out its duties.
Sec. 2. [APPROPRIATION.]
$100,000 is appropriated from the general fund to the
Minnesota contingent of the legislative commission on
Minnesota-Ontario matters established in section 1 for expenses
of the Minnesota members of the commission established in
section 1. The money is available until expended.
Sec. 3. [EFFECTIVE DATE; CONTINGENCY.]
Sections 1 and 2 are effective the day after a like
commission is authorized by the appropriate authority of the
government of Ontario.
Presented to the governor May 11, 2000
Signed by the governor May 15, 2000, 10:28 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes