Bill Text: MN SF606 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Parks, trails, and recreational facilities special fees financing option by local units of government authorization
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-21 - Referred to State and Local Government [SF606 Detail]
Download: Minnesota-2013-SF606-Introduced.html
1.2relating to local government; providing for additional financing of parks, trails,
1.3and recreational facilities for local units of government by special fees;proposing
1.4coding for new law in Minnesota Statutes, chapter 448.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [448.58] PARKS, TRAILS, AND RECREATIONAL FACILITIES;
1.7FINANCING OPTION.
1.8 Subdivision 1. Definitions. (a) The terms in this subdivision apply to this section.
1.9(b) "Facilities" means parks, playgrounds, walking or biking trails, and recreational
1.10complexes, including sporting fields, including but not limited to, softball, baseball,
1.11soccer, football, ice hockey, and tennis courts.
1.12(c) "Fund" means a dedicated account in which revenues raised under this section
1.13are kept separate from all other governmental unit funds.
1.14(d) "Governing body" means the city council, town board, or county board.
1.15(e) "Governmental unit" means a home rule charter or statutory city, town, or county.
1.16(f) "Plan" means an adopted plan for the facilities by the governmental unit.
1.17 Subd. 2. Authorization. A governmental unit may build, construct, reconstruct,
1.18repair, enlarge, improve, or in any manner obtain facilities, and maintain and operate those
1.19facilities both inside and outside the corporate limits. It may acquire by gift, purchase,
1.20lease, condemnation, or otherwise any and all land, easements, and improvements required
1.21for that purpose. This authority is in addition to all other powers with reference to facilities
1.22otherwise granted by law or by charter of the governmental unit. The authority must
1.23be exercised only under a parks and trails plan adopted by the governmental unit. The
2.1governmental unit has the authority to manage both the plan and the facilities acquired or
2.2developed under provisions of this section.
2.3 Subd. 3. Financing. To pay the cost of building, constructing, reconstructing,
2.4repairing, enlarging, improving, or in any manner obtaining the facility, or any portion of
2.5it, and of obtaining and complying with any permits required by law, the governmental
2.6unit may charge a recreational facilities fee to pay the cost of the facility. The proceeds of
2.7the fee must be kept in a dedicated account and used only to pay for such facilities allowed
2.8in the adopted plan. The fee may be charged equally on all property or proportionally
2.9against the value of the property.
2.10 Subd. 4. Collection of fee. On or before October 15 of each year, the governmental
2.11unit shall certify to the county auditor any and all anticipated expenditures under the
2.12adopted plan for the next year, minus any unspent funds from the previous year. The amount
2.13certified must appear as a recreational facilities fee on the property tax statement and must
2.14be collected and enforced in the manner provided for the collection and enforcement of a
2.15special assessment against the property within the area governed by the governmental unit.
2.16 Subd. 5. Local options. To establish the fund and the recreational facilities fee, the
2.17governmental unit must either adopt the plan by ordinance after a public hearing on the
2.18plan or submit the plan to a vote by the registered voters within the governmental unit,
2.19with the plan being made available to the public. The plan must specify whether the fee is
2.20charged equally or proportionally on property value. If the plan is submitted to the voters,
2.21a majority of those voting must vote in the affirmative to adopt the plan. The vote may
2.22be for a continuous fee for the term of the plan or for a specific time frame shorter than
2.23the full term of the plan.
2.24 Subd. 6. Excess net revenues. If at the end of a fiscal year there are excess
2.25revenues, the excess revenues must be deducted from the next year's fees. If there are
2.26no other fees required for the plan, excess revenues may be kept within the fund for
2.27maintenance of facilities already developed or pledged to any future plan that may be
2.28developed and adopted.
2.29 Subd. 7. Other revenue sources. This section does not preclude the governing unit
2.30from using other financing instead of or in addition to the powers authorized in this section.
2.31EFFECTIVE DATE.This section is effective for fees payable in 2014, and
2.32thereafter.
1.3and recreational facilities for local units of government by special fees;proposing
1.4coding for new law in Minnesota Statutes, chapter 448.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [448.58] PARKS, TRAILS, AND RECREATIONAL FACILITIES;
1.7FINANCING OPTION.
1.8 Subdivision 1. Definitions. (a) The terms in this subdivision apply to this section.
1.9(b) "Facilities" means parks, playgrounds, walking or biking trails, and recreational
1.10complexes, including sporting fields, including but not limited to, softball, baseball,
1.11soccer, football, ice hockey, and tennis courts.
1.12(c) "Fund" means a dedicated account in which revenues raised under this section
1.13are kept separate from all other governmental unit funds.
1.14(d) "Governing body" means the city council, town board, or county board.
1.15(e) "Governmental unit" means a home rule charter or statutory city, town, or county.
1.16(f) "Plan" means an adopted plan for the facilities by the governmental unit.
1.17 Subd. 2. Authorization. A governmental unit may build, construct, reconstruct,
1.18repair, enlarge, improve, or in any manner obtain facilities, and maintain and operate those
1.19facilities both inside and outside the corporate limits. It may acquire by gift, purchase,
1.20lease, condemnation, or otherwise any and all land, easements, and improvements required
1.21for that purpose. This authority is in addition to all other powers with reference to facilities
1.22otherwise granted by law or by charter of the governmental unit. The authority must
1.23be exercised only under a parks and trails plan adopted by the governmental unit. The
2.1governmental unit has the authority to manage both the plan and the facilities acquired or
2.2developed under provisions of this section.
2.3 Subd. 3. Financing. To pay the cost of building, constructing, reconstructing,
2.4repairing, enlarging, improving, or in any manner obtaining the facility, or any portion of
2.5it, and of obtaining and complying with any permits required by law, the governmental
2.6unit may charge a recreational facilities fee to pay the cost of the facility. The proceeds of
2.7the fee must be kept in a dedicated account and used only to pay for such facilities allowed
2.8in the adopted plan. The fee may be charged equally on all property or proportionally
2.9against the value of the property.
2.10 Subd. 4. Collection of fee. On or before October 15 of each year, the governmental
2.11unit shall certify to the county auditor any and all anticipated expenditures under the
2.12adopted plan for the next year, minus any unspent funds from the previous year. The amount
2.13certified must appear as a recreational facilities fee on the property tax statement and must
2.14be collected and enforced in the manner provided for the collection and enforcement of a
2.15special assessment against the property within the area governed by the governmental unit.
2.16 Subd. 5. Local options. To establish the fund and the recreational facilities fee, the
2.17governmental unit must either adopt the plan by ordinance after a public hearing on the
2.18plan or submit the plan to a vote by the registered voters within the governmental unit,
2.19with the plan being made available to the public. The plan must specify whether the fee is
2.20charged equally or proportionally on property value. If the plan is submitted to the voters,
2.21a majority of those voting must vote in the affirmative to adopt the plan. The vote may
2.22be for a continuous fee for the term of the plan or for a specific time frame shorter than
2.23the full term of the plan.
2.24 Subd. 6. Excess net revenues. If at the end of a fiscal year there are excess
2.25revenues, the excess revenues must be deducted from the next year's fees. If there are
2.26no other fees required for the plan, excess revenues may be kept within the fund for
2.27maintenance of facilities already developed or pledged to any future plan that may be
2.28developed and adopted.
2.29 Subd. 7. Other revenue sources. This section does not preclude the governing unit
2.30from using other financing instead of or in addition to the powers authorized in this section.
2.31EFFECTIVE DATE.This section is effective for fees payable in 2014, and
2.32thereafter.
