Bill Text: MN HF2917 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Special service district ordinance, petition, and veto requirements modified.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-19 - Committee report, to adopt as amended and re-refer to Taxes [HF2917 Detail]
Download: Minnesota-2013-HF2917-Engrossed.html
1.2relating to local government; modifying special service district ordinance,
1.3petition, and veto requirements;amending Minnesota Statutes 2012, sections
1.4428A.08; 428A.09, subdivision 2; Minnesota Statutes 2013 Supplement, section
1.5428A.02, subdivision 1; repealing Minnesota Statutes 2012, section 428A.01,
1.6subdivision 6.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2013 Supplement, section 428A.02, subdivision 1,
1.9is amended to read:
1.10 Subdivision 1. Ordinance. (a) The governing body of a city may adopt an ordinance
1.11establishing a special service district. Only property that is wholly or partially classified
1.12as class 3 under section273.13 and used for commercial, industrial, or public utility
1.13purposes, or is vacant land zoned or designated on a land use plan for commercial or
1.14industrial use and located in the special service district, may be is subject to the charges
1.15imposed by the city on the special service district. Othertypes of property properties may
1.16be included within the boundaries of the special service district but are not subject to the
1.17levies or charges imposed by the city on the special service district.
1.18 (b) If50 percent or more of the estimated market value of a parcel of property
1.19is classified under section
273.13 as commercial, industrial, or vacant land zoned or
1.20designated on a land use plan for commercial or industrial use, or public utility for the
1.21current assessment year a property is subject to a service charge based on net tax capacity,
1.22then the entire taxable market value of the property, including any portion not classified
1.23as class 3, is subject toa the service charge based on net tax capacity for purposes of
1.24sections
428A.01 to
428A.10
2.1 (c) The ordinance shall describe with particularity the area within the city to be
2.2included in the district and the special services to be furnished in the district. The
2.3ordinance may not be adopted until after a public hearing has been held on the question.
2.4Notice of the hearing shall include the time and place of hearing, a map showing the
2.5boundaries of the proposed district, and a statement that all persons owning property in the
2.6proposed district that would be subject to a service charge will be given opportunity to be
2.7heard at the hearing. Within 30 days after adoption of the ordinance under this subdivision,
2.8the governing body shall send a copy of the ordinance to the commissioner of revenue.
2.9 Sec. 2. Minnesota Statutes 2012, section 428A.08, is amended to read:
2.10428A.08 PETITION REQUIRED.
2.11No action may be taken under section428A.02 or
428A.03 , unless owners of 25
2.12percent or more of the land area of property that would be subject to service charges in the
2.13proposed special service district and either: (1) owners of 25 percent or more of the net
2.14tax capacity of property that would be subject to a proposed service charge, based on net
2.15tax capacity; or (2) owners, individuals, and business organizations subject to 25 percent
2.16or more of a proposed service charge based on other than net tax capacity file a petition
2.17requesting a public hearing on the proposed action with the city clerk. If the boundaries of
2.18a proposed district are changed or the land area or net tax capacity subject to a service
2.19charge or the individuals or business organizations subject to a service charge are changed
2.20after the public hearing, a petition meeting the requirements of this section must be filed
2.21with the city clerk before the ordinance establishing the district or resolution imposing
2.22the service charge may become effective.
2.23 Sec. 3. Minnesota Statutes 2012, section 428A.09, subdivision 2, is amended to read:
2.24 Subd. 2. Requirements for veto. If owners of 35 percent or more ofthe land area
2.25 value in the district subject to the service charge based on net tax capacity or owners,
2.26individuals, and business organizations subject to 35 percent or more of the service
2.27charges to be imposed in the district, file an objection to the ordinance adopted by the city
2.28under section428A.02 with the city clerk before the effective date of the ordinance, the
2.29ordinance does not become effective. If owners of 35 percent or more ofthe land area
2.30 value subject to the service charge based on net tax capacity or owners of 35 percent or
2.31more of the net tax capacity subject to the service charge based on net tax capacity file an
2.32objection to the resolution adopted imposing a service charge based on net tax capacity
2.33under section428A.03 with the city clerk before the effective date of the resolution, the
2.34resolution does not become effective. If owners, individuals, and business organizations
3.1subject to 35 percent or more of the service charges to be imposed in the district file an
3.2objection to the resolution adopted imposing a service charge on a basis other than net
3.3tax capacity under section428A.03 with the city clerk before the effective date of the
3.4resolution, the resolution does not become effective. In the event of a veto, no district
3.5shall be established during the current calendar year and until a petition meeting the
3.6qualifications set forth in this subdivision for a veto has been filed.
3.7 Sec. 4. REPEALER.
3.8Minnesota Statutes 2012, section 428A.01, subdivision 6, is repealed.
1.3petition, and veto requirements;amending Minnesota Statutes 2012, sections
1.4428A.08; 428A.09, subdivision 2; Minnesota Statutes 2013 Supplement, section
1.5428A.02, subdivision 1; repealing Minnesota Statutes 2012, section 428A.01,
1.6subdivision 6.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2013 Supplement, section 428A.02, subdivision 1,
1.9is amended to read:
1.10 Subdivision 1. Ordinance. (a) The governing body of a city may adopt an ordinance
1.11establishing a special service district. Only property that is wholly or partially classified
1.12as class 3 under section
1.13
1.14
1.15imposed by the city on the special service district. Other
1.16be included within the boundaries of the special service district but are not subject to the
1.17levies or charges imposed by the city on the special service district.
1.18 (b) If
1.19
1.20
1.21
1.22then the entire taxable market value of the property, including any portion not classified
1.23as class 3, is subject to
1.24
2.1 (c) The ordinance shall describe with particularity the area within the city to be
2.2included in the district and the special services to be furnished in the district. The
2.3ordinance may not be adopted until after a public hearing has been held on the question.
2.4Notice of the hearing shall include the time and place of hearing, a map showing the
2.5boundaries of the proposed district, and a statement that all persons owning property in the
2.6proposed district that would be subject to a service charge will be given opportunity to be
2.7heard at the hearing. Within 30 days after adoption of the ordinance under this subdivision,
2.8the governing body shall send a copy of the ordinance to the commissioner of revenue.
2.9 Sec. 2. Minnesota Statutes 2012, section 428A.08, is amended to read:
2.10428A.08 PETITION REQUIRED.
2.11No action may be taken under section
2.12
2.13
2.14tax capacity of property that would be subject to a proposed service charge, based on net
2.15tax capacity; or (2) owners, individuals, and business organizations subject to 25 percent
2.16or more of a proposed service charge based on other than net tax capacity file a petition
2.17requesting a public hearing on the proposed action with the city clerk. If the boundaries of
2.18a proposed district are changed or the land area or net tax capacity subject to a service
2.19charge or the individuals or business organizations subject to a service charge are changed
2.20after the public hearing, a petition meeting the requirements of this section must be filed
2.21with the city clerk before the ordinance establishing the district or resolution imposing
2.22the service charge may become effective.
2.23 Sec. 3. Minnesota Statutes 2012, section 428A.09, subdivision 2, is amended to read:
2.24 Subd. 2. Requirements for veto. If owners of 35 percent or more of
2.25 value in the district subject to the service charge based on net tax capacity or owners,
2.26individuals, and business organizations subject to 35 percent or more of the service
2.27charges to be imposed in the district, file an objection to the ordinance adopted by the city
2.28under section
2.29ordinance does not become effective. If owners of 35 percent or more of
2.30 value subject to the service charge based on net tax capacity or owners of 35 percent or
2.31more of the net tax capacity subject to the service charge based on net tax capacity file an
2.32objection to the resolution adopted imposing a service charge based on net tax capacity
2.33under section
2.34resolution does not become effective. If owners, individuals, and business organizations
3.1subject to 35 percent or more of the service charges to be imposed in the district file an
3.2objection to the resolution adopted imposing a service charge on a basis other than net
3.3tax capacity under section
3.4resolution, the resolution does not become effective. In the event of a veto, no district
3.5shall be established during the current calendar year and until a petition meeting the
3.6qualifications set forth in this subdivision for a veto has been filed.
3.7 Sec. 4. REPEALER.
3.8Minnesota Statutes 2012, section 428A.01, subdivision 6, is repealed.
