1.1                          A bill for an act 
  1.2             relating to metropolitan government; requiring the 
  1.3             state demographer to provide certain demographic data 
  1.4             to the Metropolitan Council; amending Minnesota 
  1.5             Statutes 2002, sections 47.52; 145A.02, subdivision 
  1.6             16; 275.62, subdivision 3; 469.174, subdivision 26; 
  1.7             477A.011, subdivision 3; Minnesota Statutes 2003 
  1.8             Supplement, sections 4A.02; 134.201, subdivision 5; 
  1.9             275.14; 373.40, subdivision 1; 473.146, subdivision 1; 
  1.10            477A.0124, subdivision 2; repealing Minnesota Statutes 
  1.11            2002, section 473.241. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.14  4A.02, is amended to read: 
  1.15     4A.02 [STATE DEMOGRAPHER.] 
  1.16     (a) The director shall appoint a state demographer.  The 
  1.17  demographer must be professionally competent in demography and 
  1.18  must possess demonstrated ability based upon past performance.  
  1.19     (b) The demographer shall: 
  1.20     (1) continuously gather and develop demographic data 
  1.21  relevant to the state; 
  1.22     (2) design and test methods of research and data 
  1.23  collection; 
  1.24     (3) periodically prepare population projections for the 
  1.25  state and designated regions and periodically prepare 
  1.26  projections for each county or other political subdivision of 
  1.27  the state as necessary to carry out the purposes of this 
  1.28  section; 
  2.1      (4) review, comment on, and prepare analysis of population 
  2.2   estimates and projections made by state agencies, political 
  2.3   subdivisions, other states, federal agencies, or nongovernmental 
  2.4   persons, institutions, or commissions; 
  2.5      (5) serve as the state liaison with the United States 
  2.6   Bureau of the Census, coordinate state and federal demographic 
  2.7   activities to the fullest extent possible, and aid the 
  2.8   legislature in preparing a census data plan and form for each 
  2.9   decennial census; 
  2.10     (6) compile an annual study of population estimates on the 
  2.11  basis of county, regional, or other political or geographical 
  2.12  subdivisions as necessary to carry out the purposes of this 
  2.13  section and section 4A.03; 
  2.14     (7) by January 1 of each year, issue a report to the 
  2.15  legislature containing an analysis of the demographic 
  2.16  implications of the annual population study and population 
  2.17  projections; 
  2.18     (8) prepare maps for all counties in the state, all 
  2.19  municipalities with a population of 10,000 or more, and other 
  2.20  municipalities as needed for census purposes, according to scale 
  2.21  and detail recommended by the United States Bureau of the 
  2.22  Census, with the maps of cities showing precinct boundaries; 
  2.23     (9) prepare an estimate of population and of the number of 
  2.24  households for each governmental subdivision for which the 
  2.25  Metropolitan Council does not prepare an annual estimate, and 
  2.26  convey the estimates to the governing body of each political 
  2.27  subdivision, including the Metropolitan Council, by May 1 of 
  2.28  each year; 
  2.29     (10) direct, under section 414.01, subdivision 14, and 
  2.30  certify population and household estimates of annexed or 
  2.31  detached areas of municipalities or towns after being notified 
  2.32  of the order or letter of approval by the director; 
  2.33     (11) prepare, for any purpose for which a population 
  2.34  estimate is required by law or needed to implement a law, a 
  2.35  population estimate of a municipality or town whose population 
  2.36  is affected by action under section 379.02 or 414.01, 
  3.1   subdivision 14; and 
  3.2      (12) prepare an estimate of average household size for each 
  3.3   statutory or home rule charter city with a population of 2,500 
  3.4   or more by May 1 of each year. 
  3.5      (c) A governing body may challenge an estimate made under 
  3.6   paragraph (b) by filing their specific objections in writing 
  3.7   with the state demographer by June 10.  If the challenge does 
  3.8   not result in an acceptable estimate by June 24, the governing 
  3.9   body may have a special census conducted by the United States 
  3.10  Bureau of the Census.  The political subdivision must notify the 
  3.11  state demographer by July 1 of its intent to have the special 
  3.12  census conducted.  The political subdivision must bear all costs 
  3.13  of the special census.  Results of the special census must be 
  3.14  received by the state demographer by the next April 15 to be 
  3.15  used in that year's May 1 estimate to the political subdivision 
  3.16  under paragraph (b). 
  3.17     Sec. 2.  Minnesota Statutes 2002, section 47.52, is amended 
  3.18  to read: 
  3.19     47.52 [AUTHORIZATION.] 
  3.20     (a) With the prior approval of the commissioner, any bank 
  3.21  doing business in this state may establish and maintain detached 
  3.22  facilities provided the facilities are located within:  (1) the 
  3.23  municipality in which the principal office of the applicant bank 
  3.24  is located; or (2) 5,000 feet of its principal office measured 
  3.25  in a straight line from the closest points of the closest 
  3.26  structures involved; or (3) a municipality in which no bank is 
  3.27  located at the time of application; or (4) a municipality having 
  3.28  a population of more than 10,000; or (5) a municipality having a 
  3.29  population of 10,000 or less, as determined by the commissioner 
  3.30  from the latest available data from the state demographer, or 
  3.31  for municipalities located in the seven-county metropolitan area 
  3.32  from the Metropolitan Council, and all the banks having a 
  3.33  principal office in the municipality have consented in writing 
  3.34  to the establishment of the facility. 
  3.35     (b) A detached facility shall not be closer than 50 feet to 
  3.36  a detached facility operated by any other bank and shall not be 
  4.1   closer than 100 feet to the principal office of any other bank, 
  4.2   the measurement to be made in the same manner as provided 
  4.3   above.  This paragraph shall not be applicable if the proximity 
  4.4   to the facility or the bank is waived in writing by the other 
  4.5   bank and filed with the application to establish a detached 
  4.6   facility. 
  4.7      (c) A bank is allowed, in addition to other facilities, 
  4.8   part-time deposit-taking locations at elementary and secondary 
  4.9   schools located within the municipality in which the main 
  4.10  banking house or a detached facility is located if they are 
  4.11  established in connection with student education programs 
  4.12  approved by the school administration and consistent with safe, 
  4.13  sound banking practices. 
  4.14     (d) In addition to other facilities, a bank may operate 
  4.15  part-time locations at nursing homes and senior citizen housing 
  4.16  facilities located within the municipality in which the main 
  4.17  banking house or a detached facility is located, or within the 
  4.18  seven-county metropolitan area if the bank's main banking 
  4.19  facility or a detached facility is located within the 
  4.20  seven-county metropolitan area, if they are operated in a manner 
  4.21  consistent with safe, sound banking practices. 
  4.22     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  4.23  134.201, subdivision 5, is amended to read: 
  4.24     Subd. 5.  [GENERAL LEVY AUTHORITY.] The board may levy for 
  4.25  operation of public library service.  This levy shall replace 
  4.26  levies for operation of public library service by cities and 
  4.27  counties authorized in section 134.07.  The amount levied shall 
  4.28  be spread on the net tax capacity of all taxable property in the 
  4.29  district at a uniform tax rate.  
  4.30     (a) The maximum amount that may be levied by a board under 
  4.31  this section is the greater of:  
  4.32     (1) the statewide average local support per capita for 
  4.33  public library services for the most recent reporting period 
  4.34  available, as certified by the commissioner of education, 
  4.35  multiplied by the population of the district according to the 
  4.36  most recent estimate of the state demographer or the 
  5.1   Metropolitan Council; or 
  5.2      (2) the total amount provided by participating counties and 
  5.3   cities under section 134.34, subdivision 4, during the year 
  5.4   preceding the first year of operation. 
  5.5      (b) For its first year of operation, the board shall levy 
  5.6   an amount not less than the total dollar amount provided by 
  5.7   participating cities and counties during the preceding year 
  5.8   under section 134.34, subdivision 4. 
  5.9      Sec. 4.  Minnesota Statutes 2002, section 145A.02, 
  5.10  subdivision 16, is amended to read: 
  5.11     Subd. 16.  [POPULATION.] "Population" means the total 
  5.12  number of residents of the state or any city or county as 
  5.13  established by the last federal census, by a special census 
  5.14  taken by the United States Bureau of the Census, or by the state 
  5.15  demographer under section 4A.02, or by an estimate of city 
  5.16  population prepared by the Metropolitan Council, whichever is 
  5.17  the most recent as to the stated date of count or estimate. 
  5.18     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  5.19  275.14, is amended to read: 
  5.20     275.14 [CENSUS.] 
  5.21     For the purposes of sections 275.124 to 275.16, the 
  5.22  population of a city shall be that established by the last 
  5.23  federal census, by a special census taken by the United States 
  5.24  Bureau of the Census, by an estimate made by the Metropolitan 
  5.25  Council, or by the state demographer made according to section 
  5.26  4A.02, whichever has the latest stated date of count or 
  5.27  estimate, before July 2 of the current levy year.  The 
  5.28  population of a school district must be as certified by the 
  5.29  Department of Education from the most recent federal census. 
  5.30     In any year in which no federal census is taken pursuant to 
  5.31  law in any school district affected by sections 275.124 to 
  5.32  275.16 a population estimate may be made and submitted to the 
  5.33  state demographer for approval as hereinafter provided.  The 
  5.34  school board of a school district, in case it desires a 
  5.35  population estimate, shall pass a resolution by July 1 
  5.36  containing a current estimate of the population of the school 
  6.1   district and shall submit the resolution to the state 
  6.2   demographer.  The resolution shall describe the criteria on 
  6.3   which the estimate is based and shall be in a form and 
  6.4   accompanied by the data prescribed by the state demographer.  
  6.5   The state demographer shall determine whether or not the 
  6.6   criteria and process described in the resolution provide a 
  6.7   reasonable basis for the population estimate and shall inform 
  6.8   the school district of that determination within 30 days of 
  6.9   receipt of the resolution.  If the state demographer determines 
  6.10  that the criteria and process described in the resolution do not 
  6.11  provide a reasonable basis for the population estimate, the 
  6.12  resolution shall be of no effect.  If the state demographer 
  6.13  determines that the criteria and process do provide a reasonable 
  6.14  basis for the population estimate, the estimate shall be treated 
  6.15  as the population of the school district for the purposes of 
  6.16  sections 275.124 to 275.16 until the population of the school 
  6.17  district has been established by the next federal census or 
  6.18  until a more current population estimate is prepared and 
  6.19  approved as provided herein, whichever occurs first.  The state 
  6.20  demographer shall establish guidelines for acceptable population 
  6.21  estimation criteria and processes.  The state demographer shall 
  6.22  issue advisory opinions upon request in writing to cities or 
  6.23  school districts as to proposed criteria and processes prior to 
  6.24  their implementation in an estimation.  The advisory opinion 
  6.25  shall be final and binding upon the demographer unless the 
  6.26  demographer can show cause why it should not be final and 
  6.27  binding.  
  6.28     In the event that a census tract employed in taking a 
  6.29  federal or local census overlaps two or more school districts, 
  6.30  the county auditor shall, on the basis of the best information 
  6.31  available, allocate the population of said census tract to the 
  6.32  school districts involved.  
  6.33     The term "council," as used in sections 275.124 to 275.16, 
  6.34  means any board or body, whether composed of one or more 
  6.35  branches, authorized to make ordinances for the government of a 
  6.36  city within this state.  
  7.1      Sec. 6.  Minnesota Statutes 2002, section 275.62, 
  7.2   subdivision 3, is amended to read: 
  7.3      Subd. 3.  [POPULATION ESTIMATE.] For the purposes of this 
  7.4   section, the population of a local governmental unit shall be 
  7.5   that established by the last federal census, by a census taken 
  7.6   under section 275.14, or by an estimate made by the Metropolitan 
  7.7   Council or by the state demographer made under section 4A.02, 
  7.8   whichever is the most recent as to the stated date of count or 
  7.9   estimate for the calendar year preceding the current levy year. 
  7.10     Sec. 7.  Minnesota Statutes 2003 Supplement, section 
  7.11  373.40, subdivision 1, is amended to read: 
  7.12     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  7.13  section, the following terms have the meanings given. 
  7.14     (a) "Bonds" means an obligation as defined under section 
  7.15  475.51. 
  7.16     (b) "Capital improvement" means acquisition or betterment 
  7.17  of public lands, development rights in the form of conservation 
  7.18  easements under chapter 84C, buildings, or other improvements 
  7.19  within the county for the purpose of a county courthouse, 
  7.20  administrative building, health or social service facility, 
  7.21  correctional facility, jail, law enforcement center, hospital, 
  7.22  morgue, library, park, qualified indoor ice arena, and roads and 
  7.23  bridges.  An improvement must have an expected useful life of 
  7.24  five years or more to qualify.  "Capital improvement" does not 
  7.25  include light rail transit or any activity related to it or a 
  7.26  recreation or sports facility building (such as, but not limited 
  7.27  to, a gymnasium, ice arena, racquet sports facility, swimming 
  7.28  pool, exercise room or health spa), unless the building is part 
  7.29  of an outdoor park facility and is incidental to the primary 
  7.30  purpose of outdoor recreation. 
  7.31     (c) "Commissioner" means the commissioner of employment and 
  7.32  economic development. 
  7.33     (d) "Metropolitan county" means a county located in the 
  7.34  seven-county metropolitan area as defined in section 473.121 or 
  7.35  a county with a population of 90,000 or more. 
  7.36     (e) "Population" means the population established by the 
  8.1   most recent of the following (determined as of the date the 
  8.2   resolution authorizing the bonds was adopted): 
  8.3      (1) the federal decennial census, 
  8.4      (2) a special census conducted under contract by the United 
  8.5   States Bureau of the Census, or 
  8.6      (3) a population estimate made either by the metropolitan 
  8.7   council or by the state demographer under section 4A.02. 
  8.8      (f) "Qualified indoor ice arena" means a facility that 
  8.9   meets the requirements of section 373.43. 
  8.10     (g) "Tax capacity" means total taxable market value, but 
  8.11  does not include captured market value. 
  8.12     Sec. 8.  Minnesota Statutes 2002, section 469.174, 
  8.13  subdivision 26, is amended to read: 
  8.14     Subd. 26.  [POPULATION.] "Population" means the population 
  8.15  established as of December 31 by the most recent of the 
  8.16  following: 
  8.17     (1) the federal census; 
  8.18     (2) a special census conducted under contract with the 
  8.19  United States Bureau of the Census; and 
  8.20     (3) a population estimate made by the metropolitan council; 
  8.21  and 
  8.22     (4) a population estimate made by the state demographer 
  8.23  under section 4A.02. 
  8.24     The population so established applies to the following 
  8.25  calendar year. 
  8.26     Sec. 9.  Minnesota Statutes 2003 Supplement, section 
  8.27  473.146, subdivision 1, is amended to read: 
  8.28     Subdivision 1.  [REQUIREMENT.] The council shall adopt a 
  8.29  long-range comprehensive policy plan for transportation, 
  8.30  airports, and wastewater treatment.  The plans must 
  8.31  substantially conform to all policy statements, purposes, goals, 
  8.32  standards, and maps in the development guide developed and 
  8.33  adopted by the council under this chapter.  Each policy plan 
  8.34  must include, to the extent appropriate to the functions, 
  8.35  services, and systems covered, the following: 
  8.36     (1) forecasts of changes in the general levels and 
  9.1   distribution of population, households, employment, land uses, 
  9.2   and other relevant matters, for the metropolitan area and 
  9.3   appropriate subareas; 
  9.4      (2) a statement of issues, problems, needs, and 
  9.5   opportunities with respect to the functions, services, and 
  9.6   systems covered; 
  9.7      (3) (2) a statement of the council's goals, objectives, and 
  9.8   priorities with respect to the functions, services, and systems 
  9.9   covered, addressing areas and populations to be served, the 
  9.10  levels, distribution, and staging of services; a general 
  9.11  description of the facility systems required to support the 
  9.12  services; the estimated cost of improvements required to achieve 
  9.13  the council's goals for the regional systems, including an 
  9.14  analysis of what portion of the funding for each improvement is 
  9.15  proposed to come from the state, metropolitan council levies, 
  9.16  and cities, counties, and towns in the metropolitan area, 
  9.17  respectively, and other similar matters; 
  9.18     (4) (3) a statement of policies to effectuate the council's 
  9.19  goals, objectives, and priorities; 
  9.20     (5) (4) a statement of the fiscal implications of the 
  9.21  council's plan, including a statement of:  (i) the resources 
  9.22  available under existing fiscal policy; (ii) the adequacy of 
  9.23  resources under existing fiscal policy and any shortfalls and 
  9.24  unattended needs; (iii) additional resources, if any, that are 
  9.25  or may be required to effectuate the council's goals, 
  9.26  objectives, and priorities; and (iv) any changes in existing 
  9.27  fiscal policy, on regional revenues and intergovernmental aids 
  9.28  respectively, that are expected or that the council has 
  9.29  recommended or may recommend; 
  9.30     (6) (5) a statement of the relationship of the policy plan 
  9.31  to other policy plans and chapters of the metropolitan 
  9.32  development guide; 
  9.33     (7) (6) a statement of the relationships to local 
  9.34  comprehensive plans prepared under sections 473.851 to 473.871; 
  9.35  and 
  9.36     (8) (7) additional general information as may be necessary 
 10.1   to develop the policy plan or as may be required by the laws 
 10.2   relating to the metropolitan agency and function covered by the 
 10.3   policy plan. 
 10.4      Sec. 10.  Minnesota Statutes 2002, section 477A.011, 
 10.5   subdivision 3, is amended to read: 
 10.6      Subd. 3.  [POPULATION.] "Population" means the population 
 10.7   established as of July 1 in an aid calculation year by the most 
 10.8   recent federal census, by a special census conducted under 
 10.9   contract with the United States Bureau of the Census, by a 
 10.10  population estimate made by the Metropolitan Council, or by a 
 10.11  population estimate of the state demographer made pursuant to 
 10.12  section 4A.02, whichever is the most recent as to the stated 
 10.13  date of the count or estimate for the preceding calendar year.  
 10.14  The term "per capita" refers to population as defined by this 
 10.15  subdivision. 
 10.16     Sec. 11.  Minnesota Statutes 2003 Supplement, section 
 10.17  477A.0124, subdivision 2, is amended to read: 
 10.18     Subd. 2.  [DEFINITIONS.] (a) For the purposes of this 
 10.19  section, the following terms have the meanings given them. 
 10.20     (b) "County program aid" means the sum of "county need aid,"
 10.21  "county tax base equalization aid," and "county transition aid." 
 10.22     (c) "Age-adjusted population" means a county's population 
 10.23  multiplied by the county age index. 
 10.24     (d) "County age index" means the percentage of the 
 10.25  population over age 65 within the county divided by the 
 10.26  percentage of the population over age 65 within the state, 
 10.27  except that the age index for any county may not be greater than 
 10.28  1.8 nor less than 0.8. 
 10.29     (e) "Population over age 65" means the population over age 
 10.30  65 established as of July 1 in an aid calculation year by the 
 10.31  most recent federal census, by a special census conducted under 
 10.32  contract with the United States Bureau of the Census, by a 
 10.33  population estimate made by the Metropolitan Council, or by a 
 10.34  population estimate of the state demographer made pursuant to 
 10.35  section 4A.02, whichever is the most recent as to the stated 
 10.36  date of the count or estimate for the preceding calendar year. 
 11.1      (f) "Part I crimes" means the three-year average annual 
 11.2   number of Part I crimes reported for each county by the 
 11.3   Department of Public Safety for the most recent years available. 
 11.4   By July 1 of each year, the commissioner of public safety shall 
 11.5   certify to the commissioner of revenue the number of Part I 
 11.6   crimes reported for each county for the three most recent 
 11.7   calendar years available. 
 11.8      (g) "Households receiving food stamps" means the average 
 11.9   monthly number of households receiving food stamps for the three 
 11.10  most recent years for which data is available.  By July 1 of 
 11.11  each year, the commissioner of human services must certify to 
 11.12  the commissioner of revenue the average monthly number of 
 11.13  households in the state and in each county that receive food 
 11.14  stamps, for the three most recent calendar years available. 
 11.15     (h) "County net tax capacity" means the net tax capacity of 
 11.16  the county, computed analogously to city net tax capacity under 
 11.17  section 477A.011, subdivision 20. 
 11.18     Sec. 12.  [REPEALER.] 
 11.19     Minnesota Statutes 2002, section 473.241, is repealed.