piers109uk/MN-Statutes huggingface dataset:
471.991 DEFINITIONS.
For the purposes of Laws 1984, chapter 651, the following terms have the meanings given them.
"Balanced class" means any class in which no more than 80 percent of the members are male and no more than 70 percent of the members are female.
"Comparable work value" means the value of work measured by the skill, effort, responsibility, and working conditions normally required in the performance of the work.
"Class" means one or more positions that have similar duties, responsibilities, and general qualifications necessary to perform the duties, with comparable selection procedures used to recruit employees, and use of the same compensation schedule.
"Equitable compensation relationship" means that the compensation for female-dominated classes is not consistently below the compensation for male-dominated classes of comparable work value, as determined under section 471.994, within the political subdivision.
"Female-dominated class" means any class in which 70 percent or more of the members are female.
"Male-dominated class" means any class in which 80 percent or more of the members are male.
"Position" means a group of current duties and responsibilities assigned or delegated by a supervisor to an individual.
469.173 ADMINISTRATION.
MS 2011 Supp [Repealed, 2012 c 294 art 2 s 43]
MS 1996 [Repealed, 1997 c 187 art 3 s 34]
MS 2011 Supp [Repealed, 2012 c 294 art 2 s 43]
The commissioner shall require municipalities receiving enterprise zone designations to report to the state regarding the economic activity that has occurred in the zone following the designation. This information shall include the number of jobs created in the zone, the number of economically disadvantaged individuals hired in the zone, the average wage level of the jobs created, and descriptions of any affirmative action programs undertaken by the municipality in connection with the zone. The amount of the municipality's local contribution and the number of businesses qualifying for or directly benefiting from the local contribution must be reported annually to the commissioner.
Pursuant to section 270B.14, subdivision 3, the commissioner of revenue may share information with the commissioner or with a municipality receiving an enterprise zone designation, insofar as necessary to administer the funding limitations provided by section 469.169.
The commissioner may approve specific applications by a municipality to amend the boundaries of a border city enterprise zone at any time. Boundaries of a zone may not be amended to create noncontiguous subdivisions. If the commissioner approves the amended boundaries, the change is effective on the date of approval.
Sections 469.169, 469.171, 469.172, and this section remain in effect only for border city enterprise zones and only until the enterprise zone is terminated by resolution adopted by the city in which the border city enterprise zone is located. For all other enterprise zones, sections 469.169, 469.171, 469.172, and this section are no longer in effect after December 31, 1996.
471.993 COMPENSATION RELATIONSHIPS OF POSITIONS.
In preparing management negotiation positions for compensation established through collective bargaining under chapter 179A and in establishing, recommending, and approving compensation plans for employees of political subdivisions not represented by an exclusive representative under chapter 179A, the respective political subdivision as the public employer, as defined in section 179A.03, subdivision 15, or, where appropriate, the Minnesota Merit System, shall assure that:
(1) compensation for positions in the classified civil service, unclassified civil service, and management bear reasonable relationship to one another;
(2) compensation for positions bear reasonable relationship to similar positions outside of that particular political subdivision's employment; and
(3) compensation for positions within the employer's work force bear reasonable relationship among related job classes and among various levels within the same occupational group.
For purposes of subdivision 1, compensation for positions bear "reasonable relationship" to one another if:
(1) the compensation for positions which require comparable skill, effort, responsibility, working conditions, and other relevant work-related criteria is comparable; and
(2) the compensation for positions which require differing skill, effort, responsibility, working conditions, and other relevant work-related criteria is proportional to the skill, effort, responsibility, working conditions, and other relevant work-related criteria required.
469.1733 DISQUALIFIED TAXPAYERS.
An individual or a business is not eligible for the exemptions or credits available under section 272.0212, 469.1732, or 469.1734, if the individual or business owes delinquent amounts under chapter 290, 296A, 297A, 297B, 297F, or 297G or if the individual or business owns property located in the city or county in which the zone is located on which the property taxes are delinquent. Delinquency is determined as of the date of the application for a certificate under section 469.1735, subdivision 1. As a condition of receiving a certificate, the individual or business must authorize the Department of Revenue to disclose information necessary to make the determination under this subdivision notwithstanding any provision of chapter 270B or other law to the contrary.
If a business located in the county in which the border city development zone is located relocates from outside a zone into a zone, the business is not eligible for the exemptions or credits available in the border city development zone, unless the governing body of the city, for a business located in an incorporated area, or the county, for a business located outside of an incorporated area, approves the relocation of the business.
(a) If a business relocates more than 25 full-time equivalent jobs from a location in Minnesota outside of the county in which the zone is located, the business must notify the commissioner of employment and economic development and the city and county governments from which the jobs are being relocated. A business may satisfy the notification requirement by notifying the commissioner of employment and economic development, the city, and county of its intent to transfer jobs to a zone before actually doing so. The business is not eligible for the exemptions and credits available in the border city development zone, if the governing body of the city or county from which the jobs are being relocated adopts a resolution objecting to the relocation within 60 days after its receipt of the notice.
(b) The business becomes eligible for the exemptions and credits available in the zone when each city and county that objected to the relocation rescinds its objection by resolution.
(c) A city or county that objects to the relocation of jobs must file a copy of the resolution with the commissioner of employment and economic development and the city that created the border city development zone into which the jobs were or intend to be transferred.
473.4051 GUIDEWAYS AND BUSWAYS; CONSTRUCTION AND OPERATION.
The council must operate all light rail transit facilities and services located in the metropolitan area upon completion of construction of the facilities and the commencement of revenue service using the facilities. The council may not allow the commencement of revenue service until after an appropriate period of acceptance testing to ensure safe and satisfactory performance. In assuming the operation of the system, the council must comply with section 473.415. The council must 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.
(a) After operating revenue, federal funds, and state funds are used for operations of a guideway or busway, as the terms are defined in section 473.4485, subdivision 1, the council must pay all remaining operating costs from sales tax revenue, as defined in section 473.4465, subdivision 1.
(b) The requirements under paragraph (a) do not apply to the costs of Northstar Commuter Rail attributed to operations outside of a metropolitan county.
(a) The council must pay all ongoing capital maintenance costs from one or more of: available federal funds; sales tax revenue, as defined in section 473.4465, subdivision 1; and proceeds from certificates of indebtedness, bonds, or other obligations under section 473.39.
(b) For purposes of this subdivision, "capital maintenance" includes routine maintenance, capital maintenance, and maintenance in a state of good repair.
State money may not be used to pay more than ten percent of the total capital cost of a light rail transit project.
(a) The council must design, fully scope, and construct each arterial bus rapid transit project with the following elements:
(1) sidewalk curb ramps and pedestrian signals that meet current Americans with Disabilities Act standards as of the time of engineering completion at the four intersection quadrants of an intersection adjacent to a bus rapid transit station;
(2) transit pavement markings, as applicable; and
(3) traffic signal transit priority modifications, where feasible and reasonable, to improve speed and efficiency of service.
(b) The requirements under paragraph (a), clause (1), include intersection infrastructure that serves the bus rapid transit station from the opposite side of a street. The requirements under paragraph (a), clause (1), exclude locations that are:
(1) compliant with current Americans with Disabilities Act standards as of the time of engineering completion for the project; or
(2) otherwise included in a programmed and colocated roadway construction project.
(c) For bus rapid transit project costs resulting from the requirements under paragraph (a), clause (1), the council must pay 50 percent of the costs and the unit of government with jurisdiction over the road must pay 50 percent of the costs. The council must pay the project costs resulting from the requirements under paragraph (a), clauses (2) and (3).
469.1735 LIMIT ON TAX REDUCTIONS; APPLICATIONS REQUIRED.
To claim a tax credit under section 469.1734, subdivision 5, or an exemption from sales tax under section 469.1734, subdivision 6, a business must apply to the city for a tax credit certificate. As a condition of its application, the business must agree to furnish information to the city that is sufficient to verify the eligibility for any credits or other tax reductions claimed. The total amount of the state tax reductions allowed for the specified period may not exceed the amount of the tax credit certificates provided by the city to the business. The city must verify the amount of tax reduction or credits for which each business is eligible.
(a) Each city may provide tax credit certificates to businesses that apply and meet the requirements for the tax credit and exemption. The certificates that each city may provide for the period covered by this section is limited to the amount specified in this subdivision.
(b) The maximum amount of tax credit certificates each city may issue over the duration of the program equals the amount of the allocation to the city under section 469.169, subdivision 12.
(a) A city may elect to use all or part of its allocation under subdivision 2 to reimburse the city or county or both for property tax reductions under section 272.0212. To elect this option, the city must notify the commissioner of revenue by October 1 of each calendar year of the amount of the property tax reductions for which it seeks reimbursements for taxes payable during the current year and the governmental units to which the amounts will be paid. The commissioner may require the city to provide information substantiating the amount of the reductions granted or any other information necessary to administer this provision. The commissioner shall pay the reimbursements by December 26 of the taxes payable year. Any amount transferred under this authority reduces the amount of tax credit certificates available under subdivisions 1 and 2.
(b) The amount elected by the city under paragraph (a) is appropriated to the commissioner of revenue from the general fund to reimburse the city or county for tax reductions under section 272.0212. The amount appropriated may not exceed the maximum amounts allocated to a city under subdivision 2, paragraph (b), less the amount of certificates issued by the city under subdivision 1, and is available until expended.
An amount sufficient to fund any tax reductions under a waiver made by the commissioner under section 469.169, subdivision 12, paragraph (b), is appropriated to the commissioner of revenue from the general fund. This appropriation may not be deducted from the dollar limits under this section or section 469.169 or 469.1734.
473.4055 REGULATION OF LIGHT RAIL TRANSIT WARNING SIGNALS.
A statutory or home rule charter city or town may by ordinance regulate within its jurisdiction the sounding of horns, whistles, or other audible warnings by light rail transit vehicles. All regulations and ordinances adopted under this section must conform to federal law.
471.9966 EFFECT ON OTHER LAW.
Notwithstanding section 179A.13, subdivision 2, it is not an unfair labor practice for a political subdivision to specify an amount of funds to be used solely to correct inequitable compensation relationships. A political subdivision may specify an amount of funds to be used for general salary increases. The provisions of sections 471.991 to 471.999 do not diminish a political subdivision's duty to bargain in good faith under chapter 179A or sections 179.35 to 179.39.
473.4056 LIGHT RAIL TRANSIT VEHICLE DESIGN.
(a) By January 1, 2015, the Metropolitan Council shall adopt and may thereafter amend standards for the design of light rail vehicles that are reasonably necessary to provide access for, and to protect the health and safety of, persons who use the service. All light rail transit vehicles procured on and after January 1, 2015, must conform to the standards then in effect.
(b) The Transportation Accessibility Advisory Committee must review the standards and all subsequent amendments before the Metropolitan Council adopts them.
(c) The Metropolitan Council shall post adopted standards, including amendments, on its website.
Standards adopted under this section must include, but are not limited to:
(1) two dedicated spaces for wheelchair users in each car;
(2) seating for a companion adjacent to at least two wheelchair-dedicated spaces; and
(3) further specifications that meet or exceed the standards established in the Americans with Disabilities Act.
471.997 HUMAN RIGHTS ACT, EVIDENCE.
The commissioner of human rights or any state court may use as evidence the results of any job evaluation system established under section 471.994 and the reports compiled under section 471.995 in any proceeding or action alleging discrimination.
469.1761 INCOME REQUIREMENTS; HOUSING DISTRICTS.
(a) In order for a tax increment financing district to qualify as a housing district:
(1) the income limitations provided in this section must be satisfied; and
(2) no more than 20 percent of the square footage of buildings that receive assistance from tax increments may consist of commercial, retail, or other nonresidential uses.
(b) The requirements imposed by this section apply to property receiving assistance financed with tax increments, including interest reduction, land transfers at less than the authority's cost of acquisition, utility service or connections, roads, parking facilities, or other subsidies. The provisions of this section do not apply to districts located in a targeted area as defined in section 462C.02, subdivision 9, clause (e).
(c) For purposes of the requirements of paragraph (a), the authority may elect to treat an addition to an existing structure as a separate building if:
(1) construction of the addition begins more than three years after construction of the existing structure was completed; and
(2) for an addition that does not meet the requirements of paragraph (a), clause (2), if it is treated as a separate building, the addition was not contemplated by the tax increment financing plan which includes the existing structure.
For owner-occupied residential property, 95 percent of the housing units must be initially purchased and occupied by individuals whose family income is less than or equal to the income requirements for qualified mortgage bond projects under section 143(f) of the Internal Revenue Code.
For residential rental property, the property must satisfy the income requirements for a qualified residential rental project as defined in section 142(d) of the Internal Revenue Code. The requirements of this subdivision apply for the duration of the tax increment financing district.
Failure to comply with the requirements of this section is subject to section 469.1771.
For a project receiving a loan or grant from the Minnesota Housing Finance Agency challenge program under section 462A.33, the income limits under section 462A.33 are substituted for the applicable income limits for the project under subdivision 2 or 3.
473.4065 TRANSIT RIDER ACTIVITY.
(a) The council must adopt a rider code of conduct for transit passengers. The council must post a copy of the code of conduct in a prominent location at each light rail transit station, bus rapid transit station, and transit center.
(b) The code of conduct must not prohibit sleeping in a manner that does not otherwise violate conduct requirements.
(c) Prior to adoption of the rider code of conduct, or a revision, the council must perform a stakeholder engagement process. At a minimum, the process must include solicitation and consideration of public comments on conduct requirements and the rider experience.
An authorized transit representative, as defined in section 609.855, subdivision 7, paragraph (g), may order a person to depart a transit vehicle or transit facility for a violation of the rider code of conduct established under subdivision 1 if the person continues to act in violation of the code of conduct after being warned once to stop.
The council must establish and clearly designate paid fare zones at each light rail transit station where the council utilizes self-service barrier-free fare collection.
(a) The council must implement and maintain public safety monitoring and response activities at light rail transit facilities that include:
(1) placement of security cameras and sufficient associated lighting that provide live coverage for the entire area at each light rail transit station and each light rail transit vehicle;
(2) installation of a public address system at each light rail transit station that is capable of providing information and warnings to passengers; and
(3) real-time active monitoring of passenger activity and potential violations throughout the light rail transit system.
(b) The monitoring activities must include timely maintenance or replacement of malfunctioning cameras or public address systems.
471.9995 RENTAL DWELLING NOTICE.
Any license or registration or certificate of occupancy or a similar document that is issued by a home rule charter or statutory city or by a town and that is required to be posted in a building containing multiple rental dwelling units shall contain a statement that tenants of the dwelling units may contact the attorney general for information regarding the rights and obligations of owners and tenants under state law. The statement shall include the telephone number and address of the attorney general.
469.1762 ARBITRATION OF DISPUTES OVER COUNTY COSTS.
If the county and the authority or municipality are unable to agree on either (1) the need for or cost of road improvements under section 469.175, subdivision 1a, or (2) the amount of county administrative costs under section 469.176, subdivision 4h, and the county or municipality demands arbitration, the matter must be submitted to binding arbitration in accordance with sections 572B.01 to 572B.31 and the rules of the American Arbitration Association. Within 30 days after the demand for arbitration, the parties shall each select an arbitrator or agree upon a single arbitrator. If the parties each select an arbitrator, the two arbitrators shall select a third arbitrator within 45 days after the demand for arbitration. Each party shall pay the fees and expenses of the arbitrator it selected and the parties shall share equally the expenses of the third arbitrator or an arbitrator agreed upon mutually by the parties.
471.999 REPORT TO LEGISLATURE.
The commissioner of management and budget shall report to the legislature by January 1 of each year on the status of compliance with section 471.992, subdivision 1, by governmental subdivisions.
The report must include a list of the political subdivisions in compliance with section 471.992, subdivision 1, and the estimated cost of compliance. The report must also include a list of political subdivisions found by the commissioner to be not in compliance, the basis for that finding, recommended changes to achieve compliance, estimated cost of compliance, and recommended penalties, if any. The commissioner's report must include a list of subdivisions that did not comply with the reporting requirements of this section. The commissioner may request, and a subdivision shall provide, any additional information needed for the preparation of a report under this subdivision.
Notwithstanding any rule to the contrary, beginning in 2005, a political subdivision must report on its compliance with the requirements of sections 471.991 to 471.999 no more frequently than once every three years. No report from a political subdivision is required for 2003 and 2004.
473.4077 LEGISLATIVE REPORT; TRANSIT SAFETY AND RIDER EXPERIENCE.
For purposes of this section, the terms defined in section 473.4075 have the meanings given.
(a) Annually by February 15, the council must submit a report on transit safety and rider experience to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance.
(b) At a minimum, the report must:
(1) provide an overview of transit safety issues and actions taken by the council to improve safety, including improvements made to equipment and infrastructure;
(2) provide an overview of the rider code of conduct and measures required under section 473.4065;
(3) provide an overview of the transit rider investment program under section 473.4075 and the program's structure and implementation;
(4) provide an overview of the activities of TRIP personnel, including specifically describing the activities of uniformed transit safety officials;
(5) provide a description of all policies adopted pursuant to section 473.4075, the need for each policy, and a copy of each policy;
(6) if the council adopted an alternative resolution procedure pursuant to section 473.4075, subdivision 8, provide:
(i) a description of that procedure;
(ii) the criteria used to determine financial hardship; and
(iii) for each of the previous three calendar years, how frequently the procedure was used, the number of community service hours performed, and the total amount paid as prepayment of transit fares;
(7) for each of the previous three calendar years:
(i) identify the number of fare compliance inspections that were completed, including the total number and the number as a percentage of total rides;
(ii) state the number of warnings and citations issued by the Metro Transit Police Department and transit agents, including a breakdown of which type of officer or official issued the citation, the statutory authority for issuing the warning or citation, the reason given for each warning or citation issued, and the total number of times each reason was given;
(iii) state the number of administrative citations that were appealed pursuant to section 473.4075, the number of those citations that were dismissed on appeal, and a breakdown of the reasons for dismissal;
(iv) include data and statistics on crime rates occurring on public transit vehicles and surrounding transit stops and stations;
(v) state the number of peace officers employed by the Metro Transit Police Department;
(vi) state the average number of peace officers employed by the Metro Transit Police Department; and
(vii) state the number of uniformed transit safety officials and community service officers who served as transit agents;
(8) analyze impacts of the transit rider investment program on fare compliance and customer experience for riders, including rates of fare violations; and
(9) make recommendations on the following:
(i) changes to the administrative citation program; and
(ii) methods to improve safety on public transit and transit stops and stations.
471.9996 RENT CONTROL PROHIBITED.
No statutory or home rule charter city, county, or town may adopt or renew by ordinance or otherwise any law to control rents on private residential property except as provided in subdivision 2. This section does not impair the right of any statutory or home rule charter city, county, or town:
(1) to manage or control property in which it has a financial interest through a housing authority or similar agency;
(2) to contract with a property owner;
(3) to act as required or authorized by laws or regulations of the United States government or this state; or
(4) to mediate between property owners and tenants for the purpose of negotiating rents.
Subdivision 1 does not preclude a statutory or home rule charter city, county, or town from controlling rents on private residential property to the extent that the city, county, or town has the power to adopt an ordinance, charter amendment, or law to control these rents if the ordinance, charter amendment, or law that controls rents is approved in a general election. Subdivision 1 does not limit any power or authority of the voters of a statutory or home rule charter city, county, or town to petition for an ordinance or charter amendment to control rents on private residential property to the extent that the power or authority is otherwise provided for by law, and if the ordinance or charter amendment is approved in a general election. This subdivision does not grant any additional power or authority to the citizens of a statutory or home rule charter city, county, or town to vote on any question beyond that contained in other law.
Subdivision 1 does not apply to any statutory city unless the citizens of the statutory city have the authority to vote on the issue of rent control granted by other law.
471.9997 FEDERALLY ASSISTED RENTAL HOUSING; IMPACT STATEMENT.
At least 12 months before termination of participation in a federally assisted rental housing program, including project-based Section 8 and Section 236 rental housing, the owner of the federally assisted rental housing must submit a statement regarding the impact of termination on the residents of the rental housing to the governing body of the local government unit in which the housing is located. The impact statement must identify the number of units that will no longer be subject to rent restrictions imposed by the federal program, the estimated rents that will be charged as compared to rents charged under the federal program, and actions the owner will take to assist displaced tenants in obtaining other housing. A copy of the impact statement must be provided to each resident of the affected building, the Minnesota Housing Finance Agency, and, if the property is located in the metropolitan area as defined in section 473.121, subdivision 2, the Metropolitan Council.
473.409 AGREEMENTS WITH COUNCIL; ENCOURAGEMENT OF TRANSIT USE.
A state department or agency, including the legislative branch, any local governmental unit, or a metropolitan agency may enter into an agreement with the 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 council or other operator for use in lieu of fares on vehicles operated by the 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, or other commission, unless otherwise provided in an agreement approved by the council.
471.9998 MERCHANT BAGS.
All merchants, itinerant vendors, and peddlers doing business in this state shall have the option to provide customers a paper, plastic, or reusable bag for the packaging of any item or good purchased, provided such purchase is of a size and manner commensurate with the use of paper, plastic, or reusable bags.
Notwithstanding any other provision of law, no political subdivision shall impose any ban upon the use of paper, plastic, or reusable bags for packaging of any item or good purchased from a merchant, itinerant vendor, or peddler.
473.41 TRANSIT SHELTERS AND STOPS.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Transit authority" means:
(1) a statutory or home rule charter city, with respect to rights-of-way at bus stop and train stop locations, transit shelters, and transit passenger seating facilities owned by the city or established pursuant to a vendor contract with the city;
(2) the Metropolitan Council, with respect to transit shelters and transit passenger seating facilities owned by the council or established pursuant to a vendor contract with the council; or
(3) a replacement service provider under section 473.388, with respect to rights-of-way at bus stop and train stop locations, transit shelters, and transit passenger seating facilities owned by the provider or established pursuant to a vendor contract with the provider.
(c) "Transit shelter" means a wholly or partially enclosed structure provided for public use as a waiting area in conjunction with light rail transit, bus rapid transit, or regular route transit.
(a) A transit authority shall establish design specifications for establishment and replacement of its transit shelters, which must include:
(1) engineering standards, as appropriate;
(2) maximization of protection from the wind, snow, and other elements;
(3) to the extent feasible, inclusion of warming capability at each shelter in which there is a proportionally high number of transit service passenger boardings; and
(4) full accessibility for the elderly and persons with disabilities.
(b) The council shall consult with the Transportation Accessibility Advisory Committee.
A transit authority shall ensure transit shelters are maintained in good working order and are accessible to all users of the transit system. This requirement includes but is not limited to:
(1) keeping transit shelters reasonably clean and free from graffiti; and
(2) removing snow and ice in a manner that provides accessibility for the elderly and persons with disabilities to be able to enter and exit transit shelters, and board and exit trains at each stop.
469.1781 REQUIRED SPENDING FOR NEIGHBORHOOD REVITALIZATION.
(a) The provisions of this section apply to a city of the first class if the following conditions are met:
(1) the city refunded bonds and revenues, derived from increment from a district for which certification was requested before August 1, 1979, were pledged to pay the bonds;
(2) the refunding bonds were issued after April 1, 1988, and before April 1, 1990;
(3) the refunded bonds' obligations were due and payable in full by the calendar year 2002 and the refunding bonds' obligations are payable, in whole or part, during the calendar years 2001 through 2009; and
(4) the city had in place during 1989 an ordinance providing for excess increments to be distributed under section 469.176, subdivision 2, paragraph (a), clause (4), and the city modified the ordinance to eliminate all or part of the distributions of excess increments.
(b) For calendar years 1990 through 2001, in each year the city must expend for a neighborhood revitalization program, as established under section 469.1831, an amount of revenues derived from tax increments equal to at least:
(1) the amount of the additional principal and interest payments that would have been due for the year on the refunded bonds, if the bonds had not been refunded; and
(2) the amount of money which would have been distributed as excess increments under the city ordinance had it not been modified.
469.1782 SPECIAL LAW PROVISIONS.
MS 2000 [Repealed, 1Sp2001 c 5 art 15 s 41]
(a) If a special law allows an extension of the duration limit of an existing tax increment financing district under section 469.176 or allows establishment of a new district with a longer duration limit than that permitted by general law, the "affected local government units," for purposes of section 645.021 and article XII, section 2, of the Minnesota Constitution, include the city or town, the school district, and the county in which the tax increment district is located. The town board may act to approve the special law.
(b) The chief clerical officer of the municipality must, as soon after the affected local units have approved the special law allowing an extension, file with the secretary of state a certificate stating the essential facts necessary to valid approval, including a copy of each of the resolutions of approval by the city or town, the school district, and the county. The attorney general shall prescribe the form of the certificate and the secretary of state shall furnish copies. If the municipality fails to file a certificate of approval before the first day of the next regular session of the legislature, the extension of the duration is deemed to be disapproved, unless the special law allows a longer period for approval. If the law contains other provisions besides an extension of the duration and the municipality otherwise complies with section 645.021, the rest of the law takes effect.
469.179 EXISTING PROJECTS; EFFECTIVE DATES OF AMENDMENTS.
The provisions of sections 469.174 to 469.178 shall not affect any project for which tax increment certification was requested pursuant to law prior to August 1, 1979, or any project carried on by an authority pursuant to section 469.033, subdivision 5, with respect to which the governing body has by resolution designated properties for inclusion in the district prior to August 1, 1979, except:
(1) as otherwise expressly provided in sections 469.174 to 469.178; or
(2) as an authority elects to proceed with an existing district, under the provisions of sections 469.174 to 469.178; or
(3) as provided in subdivision 2; or
(4) section 469.177, subdivision 3, paragraph (b), shall apply to all development districts created pursuant to Minnesota Statutes 1978, chapter 472A, or any special law, prior to August 1, 1979.
If the development or redevelopment activity within the project or district of a tax increment financing project certified prior to August 1, 1979, is extended beyond the scope of activity set forth in the district's redevelopment plan under chapter 462 or 472A, if applicable, after May 1, 1988, the authority must with regard to the new activity conform to the provisions of sections 469.174 to 469.178 with the following exceptions.
(a) Section 469.175, subdivision 3, paragraph (b), clauses (1) and (5), shall not apply. Furthermore, the provisions of section 473F.02, subdivision 3, shall continue to apply to the entire district, if applicable.
(b) Section 469.177, subdivision 3, shall not apply.
(a) This subdivision establishes presumptions as to the effective dates of acts amending sections 469.174 to 469.178. These rules supplement the rules under section 645.02. The rules in paragraphs (b) and (c) apply unless the act specifies a different intent as to the time of its application.
(b) If the act is effective on a date either specified by the act itself or under section 645.02, the act is effective for districts for which requests for certification are made after the specified date.
(c) If the act is effective for districts for which requests for certification are made after a specified date either under paragraph (b) or the terms of the act, the following rules apply:
(1) in the case of a district where the first request for certification is made after the specified date, the act applies in full and to the entire area of the district; and
(2) in the case of a district where the first request for certification was made on or before the specified date, the act applies only to the area of the district added by tax increment financing plan amendments for which certification is requested after the specified date.
473.416 RIGHTS OF SYSTEM WORKERS IN TAKEOVER OF TRANSIT SYSTEM.
Whenever the 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 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 council may enter into an agreement specifying fair and equitable arrangements to protect the interests of employees who may be affected if the 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 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.
469.1792 SPECIAL DEFICIT AUTHORITY.
This section applies only to an authority with a preexisting district for which:
(1) the increments from the district were insufficient to pay preexisting obligations as a result of the classification rate changes or the elimination of the state-determined general education property tax levy under this act, or both; or
(2)(i) the development authority has a binding contract, entered into before August 1, 2001, with a person requiring the authority to pay to the person an amount that may not exceed the increment from the district or a specific development within the district; and
(ii) the authority is unable to pay the full amount under the contract from the pledged increments or other increments from the district that would have been due if the classification rate changes or elimination of the state-determined general education property tax levy or both had not been made under Laws 2001, First Special Session chapter 5.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Preexisting district" means a tax increment financing district for which the request for certification was made before August 1, 2001.
(c) "Preexisting obligation" means a bond or binding contract that:
(1)(i) was issued or approved before August 1, 2001, or was issued pursuant to a binding contract entered into before July 1, 2001; or
(ii) was issued to refinance an obligation under item (i), if the refinancing does not increase the present value of the debt service; and
(2) is secured by increments from a preexisting district.
(a) An authority with a district qualifying under this section may take either or both of the following actions for any or all of its preexisting districts:
(1) the authority may elect that the original local tax rate under section 469.177, subdivision 1a, does not apply to the district; and
(2) the authority may elect the fiscal disparities contribution will be computed under section 469.177, subdivision 3, paragraph (a), regardless of the election that was made for the district or if the district is an economic development district for which the request for certification was made after June 30, 1997.
(b) The authority may take action under this subdivision only after the municipality approves the action, by resolution, after notice and public hearing in the manner provided under section 469.175, subdivision 3. To be effective for taxes payable in the following year, the resolution must be adopted and the county auditor must be notified of the adoption on or before July 1.
469.1793 DEVELOPER OBLIGATIONS CONTINUED.
If a developer or other private entity agreed to make payments to the authority or municipality to reimburse the municipality for the state aid offset under Minnesota Statutes 2000, section 273.1399, the obligation continues in effect, notwithstanding the repeal of section 273.1399.
473.42 EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.
Notwithstanding any contrary provisions of section 352.029, the 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 Metro Transit Division employees of the council and who is covered by the Minnesota State Retirement System in addition to all other employer contributions the council is required to make.
469.180 DEVELOPMENT PACTS WITH ENTITIES OF OTHER STATES.
A county or two or more adjacent counties may make an agreement with contiguous political subdivisions of an adjacent state, with nonprofit corporations, or both, to improve the economic development of the area.
Notwithstanding any law, the county board of any county may appropriate from the general revenue fund a sum not to exceed a county levy of 0.00080 percent of estimated market value to carry out the purposes of this section.
469.1812 DEFINITIONS.
For purposes of sections 469.1812 to 469.1815, the following terms have the meanings given.
"Governing body" means, for a city, the city council; for a school district, the school board; for a county, the county board; and for a town, the board of supervisors.
"Municipality" means a statutory or home rule charter city or a town.
"Political subdivision" or "subdivision" means a statutory or home rule charter city, town, school district, or county.
469.1814 BONDING AUTHORITY.
A political subdivision may issue bonds or other obligations to provide an amount equal to the sum of the abatements granted for a property under section 469.1813. The maximum principal amount of these bonds may not exceed the estimated sum of the abatements for the property for the years authorized. The bonds may be general obligations of the political subdivision if the governing body of the political subdivision elects to pledge the full faith and credit of the subdivision in the resolution issuing the bonds.
Chapter 475 applies to the obligations authorized by this section, except bonds are excluded from the calculation of the net debt limit.
If two or more political subdivisions decide to grant abatements for the same property, the municipality in which the property is located may issue bonds to provide an amount equal to the sum of the abatements for each of the jurisdictions that agrees. The governing body of each of the other jurisdictions must guarantee and pledge to pay annually to the municipality the amount of the abatement. This pledge and guarantee is a binding obligation of the political subdivision and must be included in the abatement resolution.
If bonds are issued to provide advance payment of abatements under this section, the amount of abatement is not subject to periodic review by the political subdivision under section 469.1813, subdivision 7.
The proceeds of bonds issued under this section may be used to (1) pay for public improvements that benefit the property, (2) to acquire and convey land or other property, as provided under this section, (3) to reimburse the property owner for the cost of improvements made to the property, or (4) to pay the costs of issuance of the bonds.
(a) This subdivision applies only to abatements pledged to pay preexisting obligations.
(b) For purposes of this subdivision, "preexisting obligation" means a bond or binding contract that:
(1) was issued or approved before August 1, 2001;
(2) is secured by abatements approved before August 1, 2001; and
(3) is not a general obligation.
(c) If a political subdivision granted an abatement pledged to pay a preexisting obligation and if the changes in the property tax classification rates enacted in calendar year 2001 reduce the abatement by an amount sufficient to prevent payment in full of the preexisting obligation, the political subdivision may add to its levy under section 469.1815 an amount sufficient to provide an abatement equal to the least of:
(1) the amount of the abatement using the political subdivision's tax rate for the current year and the classification rates for property taxes payable in 2001;
(2) the amount required to pay the amount due on the preexisting obligation for the year from the political subdivision; or
(3) the maximum dollar amount of the political subdivision's abatement, if any, under the abatement resolution.
473.436 COUNCIL; BORROWING MONEY.
MS 1984 [Repealed, 1Sp1985 c 10 s 123 subd 1]
Certificates of indebtedness, bonds, or other obligations issued by the 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 association, credit union, trust company, insurance company or public or municipal corporation, and may be pledged by any bank, savings bank, savings association, credit union, or trust company as security for the deposit of public moneys.
Certificates of indebtedness, bonds, or other obligations of the council shall be deemed and treated as instrumentalities of a public government agency.
MS 1984 [Repealed, 1Sp1985 c 10 s 123 subd 1]
MS 1984 [Repealed, 1Sp1985 c 10 s 123 subd 1]
On or after the first day of any fiscal year, the council may borrow money which may be used or expended by the council for any purpose, including but not limited to current expenses, capital expenditures and the discharge of any obligation or indebtedness of the 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 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 council, or other revenues of the council, and the money may be pledged to the payment of the notes. The council is authorized to pledge to the payment of the note or notes taxes levied by it under section 473.446, subdivision 1, clause (a), and if taxes are so pledged the council shall transfer amounts received from the levy to the 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 council and any income and revenue received by or accrued to the council during the fiscal year in which the note or notes were issued, or other money of the council lawfully available therefor.
MS 1992 [Repealed, 1994 c 628 art 3 s 209]