1.1                          A bill for an act 
  1.2             relating to the metropolitan council; adding 
  1.3             lieutenant governor to the membership of the 
  1.4             legislative commission on metropolitan government; 
  1.5             requiring legislative approval for metropolitan 
  1.6             council operating levies; amending Minnesota Statutes 
  1.7             2002, sections 3.8841, subdivisions 2, 3, 5, 7; 
  1.8             473.167, subdivision 3; 473.249, subdivision 1; 
  1.9             473.253, subdivision 1; repealing Minnesota Statutes 
  1.10            2002, sections 473.167, subdivision 4; 473.249, 
  1.11            subdivision 2. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2002, section 3.8841, 
  1.14  subdivision 2, is amended to read: 
  1.15     Subd. 2.  [MEMBERSHIP.] The commission consists of four 
  1.16  senators appointed by the senate subcommittee on committees of 
  1.17  the committee on rules and administration, three senators 
  1.18  appointed by the senate minority leader, four state 
  1.19  representatives appointed by the speaker of the house, and three 
  1.20  state representatives appointed by the house minority leader, 
  1.21  and the lieutenant governor.  All legislative members must 
  1.22  reside in or represent a portion of the seven-county 
  1.23  metropolitan area.  The appointing authorities must ensure 
  1.24  balanced geographic representation.  Each appointing authority 
  1.25  must make appointments as soon as possible after the opening of 
  1.26  the next regular session of the legislature in each odd-numbered 
  1.27  year. 
  1.28     Sec. 2.  Minnesota Statutes 2002, section 3.8841, 
  2.1   subdivision 3, is amended to read: 
  2.2      Subd. 3.  [TERMS; VACANCIES.] Legislative members of the 
  2.3   commission serve for a two-year term beginning upon appointment 
  2.4   and expiring upon appointment of a successor after the opening 
  2.5   of the next regular session of the legislature in the 
  2.6   odd-numbered year.  A vacancy in the membership of the 
  2.7   commission must be filled for the unexpired term in a manner 
  2.8   that will preserve the representation established by this 
  2.9   section. 
  2.10     Sec. 3.  Minnesota Statutes 2002, section 3.8841, 
  2.11  subdivision 5, is amended to read: 
  2.12     Subd. 5.  [COMPENSATION.] Members serve without 
  2.13  compensation but legislative members may be reimbursed for their 
  2.14  reasonable expenses as members of the legislature. 
  2.15     Sec. 4.  Minnesota Statutes 2002, section 3.8841, 
  2.16  subdivision 7, is amended to read: 
  2.17     Subd. 7.  [MEETINGS; PROCEDURES.] The commission meets at 
  2.18  the call of the chair.  If there is a quorum, the commission may 
  2.19  take action by a simple majority vote of commission members 
  2.20  present.  The lieutenant governor may vote on commission actions 
  2.21  only in order to break a tie among the legislative members of 
  2.22  the commission. 
  2.23     Sec. 5.  Minnesota Statutes 2002, section 473.167, 
  2.24  subdivision 3, is amended to read: 
  2.25     Subd. 3.  [TAX.] The council may levy a tax on all taxable 
  2.26  property in the metropolitan area, as defined in section 
  2.27  473.121, to provide funds for loans made pursuant to 
  2.28  subdivisions 2 and 2a.  This tax for the right-of-way 
  2.29  acquisition loan fund shall be certified by the council, levied, 
  2.30  and collected in the manner provided by section 473.13.  The tax 
  2.31  shall be in addition to that authorized by section 473.249 and 
  2.32  any other law and shall not affect the amount or rate of taxes 
  2.33  which may be levied by the council or any metropolitan agency or 
  2.34  local governmental unit.  The amount of the levy shall be as 
  2.35  determined and certified by the council, provided that the tax 
  2.36  levied by the metropolitan council for the right-of-way 
  3.1   acquisition loan fund shall not exceed the product of (1) the 
  3.2   metropolitan council's property tax levy under this subdivision 
  3.3   for taxes payable in 1997 multiplied by (2) an index for market 
  3.4   valuation changes equal to the total market valuation of all 
  3.5   taxable property located within the metropolitan area for the 
  3.6   current taxes payable year divided by the total market valuation 
  3.7   of all taxable property located within the metropolitan area for 
  3.8   taxes payable in 1997. 
  3.9      For the purpose of determining the metropolitan council's 
  3.10  property tax levy limitation for the right-of-way acquisition 
  3.11  loan fund, "total market valuation" means the total market 
  3.12  valuation of all taxable property within the metropolitan area 
  3.13  without valuation adjustments for fiscal disparities (chapter 
  3.14  473F), tax increment financing (sections 469.174 to 469.179), 
  3.15  and high voltage transmission lines (section 273.425) $3,000,000 
  3.16  for taxes payable in 2004 and $3,000,000 for taxes payable in 
  3.17  2005. 
  3.18     The council may not levy a tax under this section for taxes 
  3.19  payable 2006 and in subsequent years unless approved and 
  3.20  authorized by law.  The metropolitan council must present its 
  3.21  recommendations for amounts to be levied under this section for 
  3.22  future taxes payable years to the legislative commission on 
  3.23  metropolitan government by December 1 in the even-numbered 
  3.24  years.  The legislative commission on metropolitan government 
  3.25  must present its recommendations for amounts to be levied under 
  3.26  this section for the following two taxes payable years to the 
  3.27  legislature by January 15 in the odd-numbered years. 
  3.28     Sec. 6.  Minnesota Statutes 2002, section 473.249, 
  3.29  subdivision 1, is amended to read: 
  3.30     Subdivision 1.  [INDEXED LIMIT.] (a) The metropolitan 
  3.31  council may levy a tax on all taxable property in the 
  3.32  metropolitan area defined in section 473.121 to provide funds 
  3.33  for the purposes of sections 473.121 to 473.249 and for the 
  3.34  purpose of carrying out other responsibilities of the council as 
  3.35  provided by law.  This tax for general purposes shall be levied 
  3.36  and collected in the manner provided by section 473.13. 
  4.1      (b) The property tax levied by the metropolitan council for 
  4.2   general purposes shall not exceed the product of:  (1) the 
  4.3   metropolitan council's property tax levy limitation for general 
  4.4   purposes for the previous year determined under this subdivision 
  4.5   multiplied by (2) the lesser of 
  4.6      (i) an index for market valuation changes equal to the 
  4.7   total market valuation of all taxable property located within 
  4.8   the metropolitan area for the current taxes payable year divided 
  4.9   by the total market valuation of all taxable property located 
  4.10  within the metropolitan area for the previous taxes payable 
  4.11  year; 
  4.12     (ii) an index equal to the implicit price deflator for 
  4.13  government consumption expenditures and gross investment for 
  4.14  state and local governments for the most recent month for which 
  4.15  data are available divided by the same implicit price deflator 
  4.16  for the same month of the previous year; or 
  4.17     (iii) 103 percent $11,000,000 for taxes payable in 2004 and 
  4.18  $11,000,000 for taxes payable 2005. 
  4.19     (c) For the purpose of determining the metropolitan 
  4.20  council's property tax levy limitation for general purposes, 
  4.21  "total market valuation" means the total market valuation of all 
  4.22  taxable property within the metropolitan area without valuation 
  4.23  adjustments for fiscal disparities (chapter 473F), tax increment 
  4.24  financing (sections 469.174 to 469.179), and high voltage 
  4.25  transmission lines (section 273.425) The council may not levy a 
  4.26  tax under this section for taxes payable in 2006 and in 
  4.27  subsequent years unless approved and authorized by law.  The 
  4.28  metropolitan council must present its recommendations for 
  4.29  amounts to be levied under this section for future taxes payable 
  4.30  years to the legislative commission on metropolitan government 
  4.31  by December 1 in the even-numbered years.  The legislative 
  4.32  commission on metropolitan government must present its 
  4.33  recommendations for amounts to be levied under this section for 
  4.34  the following two taxes payable years to the legislature by 
  4.35  January 15 in the odd-numbered years. 
  4.36     Sec. 7.  Minnesota Statutes 2002, section 473.253, 
  5.1   subdivision 1, is amended to read: 
  5.2      Subdivision 1.  [SOURCES OF FUNDS.] The council shall 
  5.3   credit to the livable communities demonstration account the 
  5.4   revenues provided in this subdivision.  This tax shall be levied 
  5.5   and collected in the manner provided by section 473.13.  The 
  5.6   levy shall not exceed the following amount for the years 
  5.7   specified:  
  5.8      (a)(1) for taxes payable in 1996, 50 percent of (i) the 
  5.9   metropolitan mosquito control commission's property tax levy for 
  5.10  taxes payable in 1995 multiplied by (ii) an index for market 
  5.11  valuation changes equal to the total market valuation of all 
  5.12  taxable property located within the metropolitan area for the 
  5.13  current taxes payable year divided by the total market valuation 
  5.14  of all taxable property located in the metropolitan area for the 
  5.15  previous taxes payable year; and 
  5.16     (2) for taxes payable in 1997 and subsequent years through 
  5.17  2003, the product of (i) the property tax levy limit under this 
  5.18  subdivision for the previous year multiplied by (ii) an index 
  5.19  for market valuation changes equal to the total market valuation 
  5.20  of all taxable property located within the metropolitan area for 
  5.21  the current taxes payable year divided by the total market 
  5.22  valuation of all taxable property located in the metropolitan 
  5.23  area for the previous taxes payable year; and 
  5.24     (3) for taxes payable in 2004 and 2005, $8,000,000. 
  5.25     For the purposes of this subdivision, "total market 
  5.26  valuation" means the total market valuation of all taxable 
  5.27  property within the metropolitan area without valuation 
  5.28  adjustments for fiscal disparities under chapter 473F, tax 
  5.29  increment financing under sections 469.174 to 469.179, and high 
  5.30  voltage transmission lines under section 273.425. 
  5.31     The council may not levy a tax under this section for taxes 
  5.32  payable in 2006 and in subsequent years unless approved and 
  5.33  authorized by law.  The metropolitan council must present its 
  5.34  recommendations for amounts to be levied under this section for 
  5.35  future taxes payable years to the legislative commission on 
  5.36  metropolitan government by December 1 in the even-numbered 
  6.1   years.  The legislative commission on metropolitan government 
  6.2   must present its recommendations for amounts to be levied under 
  6.3   this section for the following two taxes payable years to the 
  6.4   legislature by January 15 in the odd-numbered years. 
  6.5      (b) The metropolitan council, for the purposes of the fund, 
  6.6   is considered a unique taxing jurisdiction for purposes of 
  6.7   receiving aid pursuant to section 273.1398.  For aid to be 
  6.8   received in 1996, the fund's homestead and agricultural credit 
  6.9   base shall equal 50 percent of the metropolitan mosquito control 
  6.10  commission's certified homestead and agricultural credit aid for 
  6.11  1995, determined under section 273.1398, subdivision 2, less any 
  6.12  permanent aid reduction under section 477A.0132.  For aid to be 
  6.13  received under section 273.1398 in 1997 and subsequent years, 
  6.14  the fund's homestead and agricultural credit base shall be 
  6.15  determined in accordance with section 273.1398, subdivision 1. 
  6.16     Sec. 8.  [REPEALER.] 
  6.17     Minnesota Statutes 2002, sections 473.167, subdivision 4; 
  6.18  and 473.249, subdivision 2, are repealed. 
  6.19     Sec. 9.  [EFFECTIVE DATE; APPLICATION.] 
  6.20     This act is effective the day following its final enactment 
  6.21  and applies in the counties of Anoka, Carver, Dakota, Hennepin, 
  6.22  Ramsey, Scott, and Washington.