2010 law summaries

108
Final Action MINNESOTA SESSION LAWS 2010 LEAGUE OF MINNESOTA CITIES 2010 Law Summaries

Upload: others

Post on 11-Feb-2022

5 views

Category:

Documents


0 download

TRANSCRIPT

Final ActionMINNESOTA SESSION LAWS 2010

L E A G U E O F M I N N E S O T A C I T I E S

2010

Law Summaries

2010 Law Summaries Page 109

ContentsSession 2010 ............................................................1LMC 2010 Law Summaries ........................................3

BONDING .....................................................32010 omnibus bonding bill ...................................... 3State road construction and interchange

account funded ..................................................... 4

BUILDING CODES AND ENFORCEMENT .....4Construction codes .................................................. 4Construction code amendments ............................... 4Property maintenance and rental property codes ...... 4Local role in enacting federal lead poisoning

prevention defined ................................................ 5Omnibus economic development bill ...................... 5

CIVIL AND CRIMINAL LAW ..........................5Immunity provided for certain volunteers during

emergencies and disasters ....................................... 5Certain qualified persons authorized to take blood

samples from DWI offenders ................................. 6Pretrial filing prerequisite of a transcript eliminated

for admission into evidence of law enforcement vehicle recordings .................................................. 6

Penalty for possessing, storing, or keeping a dangerous weapon on school property increased .... 6

Service dog intentional harm provisions modified and certain substances prohibited ........................... 6

Crime of identity theft expansion provided .............. 6Domestic abuse and crime of stalking provisions

modified and electronic monitoring pilot project authorized ............................................................. 6

Detention placement options for juveniles modified ............................................................... 8

Driving while impaired (DWI) provisions modified and ignition interlock program expanded .............. 8

Sale or possession of salvia divinorum prohibited ....10Forfeiture and seizure provisions modified ...............10

COMMERCE ................................................ 12Elevator provisions modified ...................................12Health plan company communications with

providers and enrollees restricted ..........................12Health insurance small market working group

established ............................................................12General insurance changes ......................................12

DATA PRACTICES ....................................... 13State agency use of temporary session cookies

on government websites .......................................13Availability of information and continuing

education to persons with disabilities required ......13Administrative remedies for certain violations ..........13Personnel data provisions modified ..........................14

ECONOMIC DEVELOPMENT ...................... 15Economic development provisions in 2010

omnibus bonding bill ...........................................15State stimulus/jobs bill ............................................16Explore Minnesota Tourism Council .......................17Minnesota Entrepreneur Resource Virtual

Network (MERVN) .............................................17Omnibus economic development bill .....................17

ELECTIONS ................................................. 18Changes in election administration ..........................18State primary date changed .....................................19Absentee ballot boards required to process absentee

ballots ..................................................................20Changes to election procedures ...............................22

EMERGENCY MANAGEMENT ..................... 22Matching funds for federal disaster assistance

provided ...............................................................22

EMPLOYMENT ............................................ 22Probationary period for new police officers

extended ..............................................................22Certified public accountant licensing and rulemaking

clarified ................................................................22City employees prohibited from serving as mayor

or on the city council ...........................................23Municipalities authorized to permit certain

solicitations by firefighters ....................................23Definition of full-time firefighter clarified ...............23Commercial driver’s license medical examination

requirements federal law conformity provided ......23Fire department access to employee criminal

history modified ...................................................24State medical review team duties modified ..............24Uniform Arbitration Act adopted ............................24Boiler operator provisions modified ........................26Labor agreements ratified ........................................27Services performed by governmental units;

commonality of powers ........................................27Unemployment insurance provisions in omnibus

economic development bill .................................27

ENERGY ...................................................... 28Local energy improvement financing ......................28Community-based energy development

eligibility expanded ..............................................28Omnibus environment, energy, and natural resources

policy and finance bill; outdoor heritage appropriations bill ................................................28

Page 110 League of Minnesota Cities

ENVIRONMENT .......................................... 29Environment provisions in the 2010 omnibus

bonding bill..........................................................29Mercury testing at incinerators ................................29Environment provisions in supplemental budget ......29Metro area watershed plan approval process

amended ..............................................................30Disposal of prescription drugs .................................30Lead acid battery surcharges ....................................30Source-separated compost addressed in waste

hierarchy ..............................................................30Public Facilities Authority (PFA) policy changes ......30Drainage statutes amended ......................................30Provisions of agriculture policy bill affect cities ........31Omnibus environment, energy, and natural resources

policy and finance bill; outdoor heritage appropriations bill ...................................31

Legislative-Citizen Commission on Minnesota Resources appropriations ......................................33

GENERAL GOVERNMENT .......................... 33American Legion Day designated ............................33Cooperative Local Facilities grants ..........................33Indian tribes and Historical Society authorized to

participate in joint powers ....................................33Veterans of Foreign Wars Day designated .................34Interest rate reduction on awards and judgments ......34Tobacco modernization and compliance act ............34Statewide regulation on body art .............................34Collaborative Governance Council .........................34Duties of assessors clarified ......................................35Ladder Out of Poverty Taskforce .............................35Notaries public fees, commissions, seals, and stamp

regulations clarified ..............................................35Commission on Service Innovation ........................36

HOUSING .................................................... 37Nonprofit Housing Bond Authority Increased.........37Posting of notice of disconnection of utility services

to rental buildings modified ..................................37Energy Improvement Financing Program created ....37Refundable historic tax credits available for

rehabilitation of historic buildings .........................37Tenant bill of rights created .....................................38Minnesota SAFE Act directs safeguards against

predatory and “exotic” mortgages .........................38Protections for new reverse mortgage applicants ......38Sales tax exemption for nonprofit developers

extended to limited liability companies ................38Homestead tax treatment of manufactured home

park cooperatives .................................................39Budget for Minnesota Housing reduced .................39

Renters’ tax credit reduced .....................................39Cash assistance to families with subsidized housing

retained ...............................................................39Lead-based paint grants reduced ..............................39Group residential housing supplemental service

rates reduced ........................................................39

LAND USE AND GROWTH MANAGEMENT ........................................... 39

High-voltage lines and pipelines lose exemption from 2006 eminent domain changes .....................39

Certain Lower St. Croix rural land uses allowed to continue ..........................................................39

Use deed reform .....................................................39

LIQUOR ...................................................... 41Brewing beer in basements allowed .........................41Omnibus liquor bill ................................................42

LOCAL LAWS ............................................... 42Anoka County design-build authority provided ......42Rock Island Bridge demolition moratorium

repealed ...............................................................42Local provisions in the 2010 omnibus bonding

bill .......................................................................42Corporal Johnathan Benson Memorial Highway

designated ............................................................43Spirit Mountain Authority membership increased ...43Veterans Memorial Bridge designated .....................43Richfield firefighter response time residency

requirement imposition authority provided ...........43Local provisions in the 2010 jobs bill .......................44Trunk highway routes 332 and 297 turned back ......44Dakota County deputy registrar relocation

authorized ............................................................44Local provisions in omnibus transportation

policy act .............................................................44Local provisions in the 2010 omnibus tax bill ..........45

MISCELLANEOUS ........................................ 45Mobile food units authorized to operate for more

than 21 days in one place ......................................45Expiration date for corporate deputy registrars

removed ...............................................................45

PENSION AND RETIREMENT ..................... 46Omnibus pension bill ..............................................46

PUBLIC FINANCE........................................ 51Securities lending and qualified safekeepers ............51Metropolitan Council best value contracting

authorized ............................................................51Local impact note process expanded ........................51

Contents (continued)

2010 Law Summaries Page 111

PUBLIC SAFETY .......................................... 51Public safety provisions in the 2010 omnibus

bonding bill..........................................................51Collection of fees under license reinstatement

diversion pilot program extended .........................52Public safety provisions included in the first

supplemental budget bill .......................................52Bicycles authorized to proceed through red lights

under certain circumstances ..................................53Predatory offender registration modified to address

registrants living in homeless shelters ....................53Viewing, transportation, and removal of a dead

human body provisions modified ..........................53Peace officer authorized to transport a child to a

shelter care facility ................................................53Wireless providers required to release user location

information to law enforcement ...........................53Multijurisdictional gang and drug task forces

regulated ..............................................................54

STATE SUPPLEMENTAL BUDGET ............... 54Supplemental budget bill .........................................54Special Session Chapter 1 ........................................57

TAXES ......................................................... 60Omnibus tax bill ....................................................60

TELECOMMUNICATIONS ........................... 68Regulating private shared services/competitive

cable franchise agreements ...................................68State broadband goals established .............................69

TRANSPORTATION .................................... 69Transportation provisions included in the 2010

omnibus bonding bill ...........................................69Bridge project prioritization required ......................70Transportation provisions included in the first

supplemental budget bill .......................................70Right of first refusal offers modified for property

obtained with federal transit funding.....................70Tribal land conveyance authorized ..........................70Impounded motor vehicles notice requirement

modified ..............................................................71Road authorities allowed to remove snow from

certain roads in uncompleted subdivisions.............71Sale of illegally tinted vehicle windows prohibited ...71Escort drivers of overdimensional loads allowed to

control traffic and escort driver training required ..71MnDOT management, priorities, research, and

planning provisions modified ................................71Omnibus transportation policy act ..........................72Work zone speed limits, seatbelt requirements, and

driving manual requirements modified .................76State road construction and interchange account

funded .................................................................76

Contents (continued)

Bills Vetoed by the Governor

BONDING ................................................... 77Line-item vetoed provisions in the 2010 omnibus

bonding bill .................................................... 77

CIVIL LAW ................................................... 77Wrongful death actions by domestic partners authori-

zation ...................................................................77Controlled substance purity determination

requirement .........................................................77

DATA PRACTICES ....................................... 77Hospital employee exemption from

salary reporting ....................................................77

ELECTION ................................................... 77Prohibition on coercion against a candidate .............77

EMPLOYMENT ............................................ 77School employee health insurance pool created .......77Whistleblower protections for state employees .........77

ENVIRONMENT .......................................... 78Mt. Simon-Hinckley aquifer ...................................78Line-item veto: Micro-grants for lake quality

volunteers ............................................................78

GENERAL GOVERNMENT .......................... 78Minnovation Council .............................................78

TAXES ......................................................... 78Budget balancing/income tax increase bill ...............78Line-item veto: Chisago County carbon-neutral

industrial park appropriation .................................78Line-item veto: City of Princeton biomass facility ...78Line-item veto: Department of Revenue Ely

office improvements .............................................78Bills That Did Not Become Law

BONDING ................................................... 79Hiring/reporting requirements for bond

recipients ..............................................................79

CIVIL LAW ................................................... 79Attorney fees in civil actions ...................................79Public safety equipment donation ..........................79Municipal and state tort caps reduced ......................79Statute of limitations ...............................................79

ECONOMIC DEVELOPMENT ...................... 79Automatic extension on building permits ................79JOBZ repeal ...........................................................79Merger of DEED business development

programs ..............................................................79Transit-oriented development TIF and

bonding ...............................................................79Market-rate housing TIF pooling ............................80Vikings stadium ......................................................80DEED/DOLI reorganization ..................................80

Page 112 League of Minnesota Cities

EMPLOYMENT ............................................ 80Prospective employee credit checks .........................80Federal conformity on overtime ..............................80Four-day work weeks for counties ..........................80Veterans’ preference attorney fees ............................80

ENVIRONMENT .......................................... 80Public water suppliers targeted ................................80Metro groundwater monitoring ..............................80Public water supplier mandates ................................81Water rate mandates ................................................81Manufactured home water fee mandates ..................81Enterprise fund requirement ...................................81Coal tar sealant ban .................................................81Green cleaning products mandate ............................81Environmental review reform .................................81Local impact of state land purchase ..........................81Buckthorn management .........................................81Agency restructuring ..............................................82Railroad exemptions from stormwater fees ..............82Basin management ..................................................82

GENERAL GOVERNMENT .......................... 82Efficiency Plus Access Taskforce ..............................82Buy American apparel repeal ...................................82Policy Innovation and Research Taskforce ...............82Ice arena air quality mandate ...................................82Moratorium on unfunded mandates ........................82Electronic advertising devices moratorium ..............82

HOUSING .................................................... 82Eminent domain for abandoned properties ..............82

LAND USE AND GROWTH MANAGEMENT 82Partial easement discharge .......................................82St. Croix River variance certification ......................83Annexation fees ......................................................83

LIQUOR ...................................................... 83Sunday sales ............................................................83Conditions on liquor licenses ..................................83

OPEN MEETING LAW ................................. 83Open Meeting Law modifications ...........................83

STATE BUDGET REFORMS ......................... 83State budget modifications ......................................83Unallotment limitation ...........................................83Unallotment restricted to second half of the

biennium .............................................................83Unallotment must apply to state contracts ...............83Unallotment repeal .................................................83

TAXES ......................................................... 84Local option sales taxes ...........................................84Local option sales tax moratorium extension ...........84Tax forfeited property and special assessments ..........84Sales tax on clothing purchases ................................84Sales tax exemptions on water and public safety sys-

tems .....................................................................84Railroad exemption from certain levies and special

assessments ...........................................................84Market value homestead credit changes ...................84Special taxing district levies separately itemized .......84Local government aid study group membership

expansion .............................................................84Spreadsheet presents supplemental and

special session budget cut information by city .......85

2010 Law Summaries Page 1

On Feb. 4, 2010, the Legislature reconvened to complete the second half of the 86th biennial session. Lawmakers entered the 2010 session with a projected $994 million budget deficit, an unresolved legal challenge over Gov. Pawlenty’s 2009 use of unallotment, and a pronounced awareness of the fact that 2010 is an election year with every legislative seat and state constitutional office on the ballot. These factors set the stage for a difficult and some-times emotional legislative session.

Given the severity of the challenges facing the state and the strained relationship between the Democratic Farmer Labor (DFL) legislative majority and the admin-istration, some Capitol observers were not expecting the relatively smooth landing that occurred—albeit 12 hours late—when the Legislature adjourned sine die on May 17.

Early progressFrom its beginning, the session yielded a number of important outcomes. By March 14, a $680 million capital investment (bonding) package had been signed into law. By early April, the Legislature and governor had reached a compromise on General Assistance Medical Care, and had reduced the size of the current biennial deficit to $535 mil-lion with passage of the first supplemental budget bill.

Court ruling presents new challengesOn May 5, with just days remaining before the constitu-tional adjournment date for the Legislature, the Minnesota Supreme Court issued a decision that overturned the gov-ernor’s unallotment of funding to a state special nutrition program. The ruling called into question the validity of the entirety of the governor’s July 2009 unallotment actions. As a result of the Supreme Court decision, the effective size of the deficit increased by roughly $2.5 billion to a total of approximately $3 billion.

The governor immediately called on the Legislature to ratify the cuts he made through use of unallotment. With few options and a strong desire to finish their work on time, the legislative leaders and the governor set to work on the task of crafting a bill that would balance the state’s budget for the current budget cycle.

Although the constitutional deadline for adjournment was May 17, the constitution prohibits the Legislature from passing bills on the final day of session in even years. The looming deadline, therefore, was midnight on Sunday, May 16.

As the deadline approached, legislative leaders, the governor, and his staff were engaged in negotiations around the clock. When the final compromise was reached, there was not enough time remaining in the regular session for legislative staff to draft language reflecting the agree-ment and to copy the lengthy document for consideration by the full House and Senate. The governor agreed to call a special session at 12:01 a.m. on May 17 on the conditions that it be limited in scope to the budget agreement and that it last no more than one day.

Special session yields balanced budgetBy late morning on May 17, both bodies had adjourned sine die after passing the special session budget compro-mise that addresses the immediate state budget deficit and the uncertainty created by the May 5 Minnesota Supreme Court decision in the challenge to the governor’s use of unallotment.

Signed into law on May 21, the omnibus budget bal-ancing bill (Chapter 1 of the first 2010 special session) is a nearly 250-page bill that will result in net savings to the state budget of $2.972 billion for the 2010-2011 biennium. Much of the bill contains the unallotments originally imposed by the governor at the end of the 2009 session, thereby ratifying them. Ratification by the Legislature pre-vents further legal actions in response to the governor’s use of unallotment last year.

For cities, 2010 First Special Session Chapter 1 rati-fies the governor’s 2009 and 2010 local government aid (LGA) and market value homestead credit (MVHC) unal-lotments, but does not further reduce state aids to cities or go beyond the cuts in the supplemental budget bill passed earlier in the session.

Although additional cuts to cities were not included in the final bill, there reportedly were discussions during negotiations between legislators and the governor of possi-ble additional cuts. The League of Minnesota Cities (LMC) and other city organizations worked with a variety of leg-islators to avoid a third round of cuts by arguing that addi-tional mid-year 2010 cuts would be devastating and that cities were previously included in the unallotments as well as the cuts implemented in the first supplemental budget bill approved by the Legislature in late March. That earlier bill, Chapter 215, reduced city MVHC and LGA payments by $52.5 million for 2010 distributions and when coupled

Session 20102010 Session finishes (almost) on time and with budget (temporarily) balancedNo third round of cuts for cities

Page 2 League of Minnesota Cities

with the 2010 unallotments, the total impact on cities was more than $180 million.

The final budget bill also includes a provision that validates “special levies” declared by cities that are subject to levy limits (cities over 2,500 in population) in 2010 to replace unallotment losses of LGA and MVHC. This valida-tion was necessary because the levy limit law in place at the time only allowed cities to declare special levies for unallot-ment losses and, under First Special Session Chapter 1, all unallotment in 2009 and 2010 were voided and replaced with the legislatively ratified LGA and MVHC cuts.

Estimates of the ratified unallotment cuts and the cuts approved in the March supplemental budget bill can be found in the back of this Law Summaries publication, beginning on page 85. (The spreadsheet is also available at www.lmc.org/media/document/1/citycuts_ch215.pdf.)

Budget fix is short termUnfortunately, the largest components of the special ses-sion budget bill are the shifts and delays in K-12 education funding. In total, education programs experienced $1.96 billion in payment shifts and program cuts, which was roughly $215 million more than the school impacts under the governor’s unallotments.

Based on the provisions in First Special Session Chap-ter 1 and other budget bills enacted during the 2010 ses-sion, the state now faces a $5.766 billion deficit for the upcoming 2012-2013 biennium. That projection has hardly changed from the official February state budget forecast in which the deficit was originally projected to be $5.789 billion. This slight $22.9 million reduction in the deficit is remarkable in light of the fact that the first supplemen-tal budget bill, Chapter 215, which the governor signed into law on April 1, permanently reduced city, county, and township aid and credit payments by $105 million per year or $210 million for the fiscal year (FY) 2012-2013 bien-nium, which includes city aid and credit payments in cal-endar years 2011 and 2012.

The table here attempts to recap the confusing actions of the 2010 Legislature and the impact on the 2010-2011 as well as the 2012-2013 biennial state budgets. Keep in mind that the February forecast was prepared prior to the Supreme Court decision calling into question the validity of the governor’s unallotments. That decision increased the 2010-2011 deficit by $2.43 billion, but actually reduced the FY 2012-2013 deficit by $1.2 billion due to the fact that the governor’s school aid payment deferral under the unallotments was assumed to not occur. The budget bill signed by the governor in fact extended the school aid payment deferral, which under the bill is scheduled to be repaid in FY 2012.

Actions to Balance the State Budget (in millions)FY 2010-2011 FY 2012-2013

February forecasted deficit -$994 -$5,789

2010 regular session reductions in the deficit (Chapter 200 and 215)

-$459 -239 (includes $210 million in city, county, and township cuts)

Deficit change due to unallotment uncertainty

+$2,430 -$1,228

Remaining budget deficit prior to final special session budget bill

-$2,966 -$4,322

Net budget savings (loss) in special session budget bill (SS Chapter 1)

+$2,972 -$1,444

Post-session budget balance +$6 -$5,766

The projected $5.8 billion deficit assumes that the state repays school districts roughly $1.4 billion in delayed school aid payments, but does not include any assumption for inflationary impacts on state expenditures. Accounting for inflation grows the deficit by $1.181 billion. Even if the 2011 Legislature decides to extend the school aid payment deferral, the FY 2012-2013 deficit would still be in excess of $4.4 billion.

Other notable outcomesDozens of smaller but very significant bills also made it to the finish line. The following is a sampling of the bills the governor has signed into law:• An omnibus pension act that includes sustainability pro-

visions requiring employer and employee contribution increases and limits on retiree cost of living increases.

• A bill that provides a new financing mechanism for local governments to assist private property owners with energy efficiency improvements.

• A measure that permits municipalities to adopt new ward boundaries in years ending in one (e.g., 2011), regardless of whether the Legislature has completed its redistricting plan by that time.

• A state stimulus/jobs creation bill that makes changes to the current tax increment laws, and funds state historical and other investment tax credits.

• Bills that would establish a certification process for mul-tijurisdictional gang and drug task forces and tighten controlled substance forfeiture laws.

In all, approximately 200 chapters were signed into law in 2010. The LMC 2010 Law Summaries is intended to sum-marize outcomes that may be of interest to cities. It is not a comprehensive explanation of new laws. Also, be sure to check the “Bills Vetoed by the Governor” and “Bills That Did Not Become Law” sections to learn about ideas and initiatives that did not reach the finish line. Many may be back when the next Legislature convenes on Jan. 4, 2011.

2010 Law Summaries Page 3

The League of Minnesota Cities (LMC) annually prepares this summary of new laws that impact city operations. This document is intended to highlight relevant new laws, but is not intended to be comprehensive legal advice. Each law summary includes a reference to the session chapter and bill numbers. The number of the bill that was approved by the Legislature and sent to the governor is denoted with an asterisk. The chapter number can be used to locate the actual text of new laws on the state Revisor of Statutes website: www.revisor.leg.state.mn.us/laws.

We have also attempted to provide effective dates for each new law; however, occasionally the legislation may not specify an effective date. If no effective date is provided, Minn. Stat. § 645.02 specifies that each act (except one making appropriations) enacted finally at any session of the Legislature takes effect on Aug. 1, unless a dif-ferent date is specified in the act. An act making appropriations enacted finally at any session of the Legislature takes effect on July 1, unless a different date is specified in the act. Each act takes effect at 12:01 a.m. on the day it becomes effective, unless a different time is specified in the act.

Special laws affecting individual cities must generally be approved by the city. The law then becomes effective the day after the certificate of approval is filed with the secretary of state (as specified by Minn. Stat. § 645.021), unless a different date is specified in the act. When approval of such a special law is required by two or more local government units, the law becomes effective the day after the last of the required certificates is filed, unless a dif-ferent date is specified in the act. If you have questions about a new law, an effective date, or the legislative pro-cess, contact a member of the LMC Intergovernmental Relations Department. Contact information for each staff member is provided here.

The initials of League staff who work on legislative issues are printed following each summary. For more information, please refer to the list on the right for contact information.

An asterisk (*) next to a bill number denotes the version of the bill that was approved by the Legislature and sent to the governor.

GC=Gary Carlson, Intergovernmental Relations Director(651) 281-1255 or [email protected]

AF=Anne Finn, Assistant Intergovernmental Relations Director(651) 281-1263 or [email protected]

AH=Ann Higgins, Intergovernmental Relations Representative(651) 281-1257 or [email protected]

CJ=Craig Johnson, Intergovernmental Relations Representative(651) 281-1259 or [email protected]

HN=Hue Nguyen, Intergovernmental Relations Representative(651) 281-1260 or [email protected]

JO=Jennifer O’Rourke, Intergovernmental Relations Representative(651) 281-1261 or [email protected]

BONDING

2010 omnibus bonding billChapter 189 (HF 2700*/SF 2360) is the 2010 omni-bus bonding bill. The conference committee report was presented to the governor on March 11. On March 14, he made 52 line-item vetoes, reducing the price tag on the bill from $999 million to $680 million, and signed the remainder of the bill into law. Summaries of projects and programs that have regional and statewide impact are located under the corresponding issue area (Environment, Transportation, Economic Development, etc.). City-spe-cific projects can be found in the “Local Laws” section. For a breakdown of the governor’s vetoes, see the “Bills Vetoed by the Governor” section. This bill also created a new pro-gram for local cooperative facilities grants in section 35

(see General Government section). Below is a list of approximate bonding appropriations by agency:• $90 million to the University of Minnesota.• $106 million to the Minnesota State Colleges and

Universities.• $0 to the Department of Education.• $99 million to the Department of Natural Resources.• $14 million to the Minnesota Pollution Control Agency.• $2 million to the Water and Soil Resources Board.• $10 million to the Department of Administration.• $5 million to the Amateur Sports Commission.• $12 million to the Department of Military Affairs.• $10 million to the Department of Public Safety.• $140 million to the Department of Transportation.• $30 million to the Metropolitan Council.• $15 million to the Department of Health.

LMC 2010 Law Summaries

Page 4 League of Minnesota Cities

• $50 million to the Department of Human Services.• $14 million to the Department of Veterans Affairs.• $24 million to the Department of Corrections.• $56 million to the Department of Employment and

Economic Development.• $57 million to the Public Facilities Authority.• $0 to the Housing Financing Agency.• $4 million to the Minnesota Historical Society.• $1 million to the Office of Management and Budget.

Effective March 15, 2010. (AF)

State road construction and interchange account fundedChapter 388 (HF 2801*/SF 2461) provides $100.1 million in trunk highway bonds for the fiscal year 2011. The funds are to be spent as follows:• Trunk highway improvements funded. About

$30 million is for construction, reconstruction, and improvement of trunk highways, including design-build contracts and consultant usage to support these activities. This includes the cost of right-of-way acquisition and relocation expenses.

• Interchanges funded. About $70 million is for inter-changes involving a trunk highway, where the inter-change will promote economic development, increase employment, relieve growing traffic congestion, and pro-mote traffic safety. The funds must be distributed equally between the metropolitan area and Greater Minnesota.

• Administration costs funded. About $100,000 is to cover the cost of administering the bond sales and distribution.

Effective May 28, 2010. (AF)

BUILDING CODES AND ENFORCEMENT

Construction codesChapter 183 (HF 927*/SF 1004) was left unpassed at the end of the last legislative session, but was passed and signed into law early in the 2010 session. Key provisions that impact cities are as follows:• Section 3 addresses issues raised in the recent court rul-

ing Wessman v. Mankato, No. A08-0273. (Minn. App. 2008). It creates a new section of law as Minn. Stat. § 326.121 that allows municipal ordinances to have a time limit for completion of exterior work authorized under a build-ing permit in accordance with the State Building Code, as long as that period is not less than 180 days from the date of permit issuance.

• Section 4 applies Plumbing Board rules statewide.• Section 5 requires all state plumbing inspectors and those

contracted by the state to hold master or journeyman plumbing licenses and five years of practical experience.

• Section 6 authorizes the board to develop continuing education requirements.

• Section 6 and 11 add water conditioning contractors and installers to those covered by Plumbing Board rules and apply that authority statewide.

• Section 12 amends Minn. Stat. § 326B.55 by removing the previous population limit of 5,000 for local gov-ernments to be authorized to have certain ordinances related to water conditioning and adding counties to the list of eligible local governmental units. The ordinances may not be in conflict with rules adopted by the Plumb-ing Board and cannot prohibit state licensed water conditioning installers or contractors from engaging in business.

• Section 16 allows licensed master and restricted journey-man plumbers to install water conditioning systems in cities or towns under 5,000 in population without the need for additional licensure or certification.

Effective Aug. 1, 2010. (CJ/HN)

Construction code amendmentsChapter 280 (HF 3048*/SF 2928) modifies statutes related to construction codes and licensing. • Electronic notification. Sections 10, 12, 13 and 14

all remove requirements on the Department of Labor and Industry to distribute copies of code, public notice of hearings, proposed amendments, and adoption of amendments. Instead, electronic copies must be provided, with paper copies available for a fee.

• Appeals of decisions. The appeals process is amended to apply to any local or state level board of appeals.

• Municipal reporting. Cities are required to report on all permit fees collected from builders, developers, and subcontractors if those fees exceed $5,000 in a year. In addition, cities are required to forward portions of those fees to the state on various schedules based on the size of the community. Language in sections 18 and 19 clarify that the state may use its enforcement authority under Minn. Stat. § 326.082 if those reports are not provided in a timely manner.

Effective Aug. 1, 2010. (CJ/HN)

Property maintenance and rental property codesChapter 308 (HF 2945/SF 2759*) amends Minn. Stat. § 326B.121 to clarify that municipalities have the authority to adopt and enforce ordinances related to preserving the safe and sanitary nature of existing components or systems of a structure. The ordinances cannot exceed the standards the structure was last required to meet when built, altered, or reconstructed or those in place when the component or system was installed, unless a retroactive improvement is approved under the State Building Code. This language is a compromise reached after two years of negotiation with

2010 Law Summaries Page 5

builders, realtors, and multi-unit housing interests to clarify uncertainty created regarding municipal ordinance author-ity triggered by the decision in City of Morris v. Sax Invest-ments, Inc., 749 N.W.2d 1 (Minn. 2008). Effective Aug. 1, 2010. (CJ/HN)

Local role in enacting federal lead poisoning prevention definedChapter 321 (HF 3293/SF 3128*) relates to local govern-ment responsibilities in verifying that contractors working on residential properties constructed prior to 1978 have the required federal lead management certification before being permitted to perform renovations. A municipality may charge up to $5 for the cost of verifying that certifi-cation. The Minnesota Department of Labor and Indus-try must provide a link on its website to the United States Environmental Protection Agency list of lead certified licensed contractors to facilitate those verifications. The language of this legislation was changed to address con-cerns raised by the League and by building officials. Effective Feb. 1, 2011. (CJ/HN)

Omnibus economic development bill Chapter 347 (HF 2781/SF 2510*) is the omnibus eco-nomic development policy bill. The bill contains mostly policy, with a few minor fiscal changes. Article 3 includes a number of changes to programs related to State Building Code enforcement, building inspectors, professional licen-sure, and manufactured homes. It also contains a number of miscellaneous provisions.• Inflatable amusement equipment. Section 2 includes

new requirements for safety at permanent facilities con-taining inflatable amusement equipment. It requires that equipment comply with a common international stan-dard that equipment be properly supervised by trained personnel, that the facility be registered with the state, and that it be properly insured. This new regulation does not apply to the use of an inflatable at a carnival, festival, fair, private party, or similar venue at a location other than the permanently located facility.

• Department of Labor and Industry licensing. Sections 3-10 are new language regarding how the department runs its licensing programs, including appli-cations, renewal, examination, fee requirements, and continuing education requirements.

• State Building Code requirements for persons with disabilities. Sections 11 and 18 apply the State Building Code requirements for persons with disabili-ties statewide, and require municipalities to fulfill related code responsibilities. They allow municipalities that have not adopted the State Building Code to meet that requirement by entering a joint powers agreement with

another municipality that has adopted the State Building Code, to contract with an appropriately certified indi-vidual, or to hire and train their own staff. Enforcement provisions are included.

• Certified building officials. Sections 12-17 pertain to the certification categories, certification, and continuing education requirements for certified building officials, certified building official-limited, and accessibility spe-cialists.

• Professional licensing and certification. Sections 20-56 deal with the requirements for training, licensure, and standards for a variety of professional areas regu-lated by the Department of Labor and Industry: Sec-tions 20-23 cover electrical work; sections 24-33 cover plumbing; sections 34-41 regulate water conditioning; sections 42-48 cover contractors, remodelers, and roofers; and sections 49-56 cover high-pressure pipefitting, boat operators, and boiler licensing.

• Water-free urinals. Section 73 gives the Plumbing Board authority to use the expedited rule writing pro-cedure in Minn. Stat. § 14.389 to adopt rules related to water-free urinals.

Effective Aug. 1, 2010. (CJ/HN)

CIVIL AND CRIMINAL LAW

Immunity provided for certain volunteers during emergencies and disastersChapter 224 (HF 2709*/SF 2555) modifies volunteer pro-tections during an emergency or disaster. Section 1 adds a subdivision to Minn. Stat. § 12.03, the section of state statute that provides definitions pertaining to emergency response. Section 1 defines “entity” to include a firm, cor-poration, association, limited liability company, partnership, limited liability partnership, nonprofit organization, or other business, religious, or charitable organization. Section 2 adds a subdivision to Minn. Stat. § 12.22. It provides that an entity or an agent acting on behalf of the entity who volunteers without compensation to assist a local jurisdiction or the state during an emergency or disaster, who previously registers with that jurisdiction or the state, and who is under the direction and control of the jurisdiction or the state is not liable for civil damages or administrative sanctions as a result of good-faith acts or omissions by that entity or agent in rendering emergency care, advice, or assistance. The subdivision does not apply if the entity or agent acts in a willful and wanton or reckless manner in providing the care, advice, or assistance. Effective April 11, 2010. (AF)

Page 6 League of Minnesota Cities

Certain qualified persons authorized to take blood samples from DWI offendersChapter 225 (HF 2881*/SF 2817) amends Minn. Stat. § 169A.51, subd. 7 by expanding the list of persons who are authorized to take blood samples from DWI offend-ers to determine the presence of alcohol, controlled substances, or hazardous substances. It authorizes “other qualified person(s)” to take blood samples, and defines “other qualified person” as “medical personnel trained in a licensed hospital or educational institution to withdraw blood.” Effective July 1, 2010. (AF)

Pretrial filing prerequisite of a transcript eliminated for admission into evidence of law enforcement vehicle recordingsChapter 231 (HF 212*/SF 333) creates Minn. Stat. § 634.36. It provides that any hearing or trial of a crimi-nal offense or petty misdemeanor or proceeding pursuant to Minn. Stat. § 169A.53, subd. 3, evidence of a videotape, audiotape, or electronic or digital recording prepared by a peace officer, using recording equipment in a law enforce-ment vehicle, while in the performance of official duties shall not be excluded on the grounds that a written tran-script of the recording was not prepared and available at or prior to trial. Effective July 1, 2010, and applies to trials and hearings beginning on or after that date. (AF)

Penalty for possessing, storing, or keeping a dangerous weapon on school property increasedChapter 268 (HF 3423/SF 2339*) amends Minn. Stat. § 609.66, subd. 1d. It increases the maximum criminal penalties for knowingly possessing dangerous weapons on school property from two to five years and from $5,000 to $10,000. The chapter also lowers the criminal penalty for brandishing, using, or possessing replica firearms and BB guns on school property from a felony to a gross misde-meanor. Effective Aug. 1, 2010, and applies to crimes committed on or after that date. (AF)

Service dog intentional harm provisions modified and certain substances prohibitedChapter 292 (HF 3312/SF 2990*) provides clarifications and enhanced penalties for intentional harm to a service animal. • Crime of harming a service animal expanded.

Section 1 amends Minn. Stat. § 343.21, subd. 8a by expanding the crime of harming a service animal to include intentionally rendering a service animal unable to perform its duties.

• Penalty for intentionally rendering a service animal unable to perform duties provided. Section 2 adds a provision to Minn. Stat. § 343.21, subd. 9. The provision makes it a gross misdemeanor to intentionally render a service animal unable to perform its duties.

• Restitution required. Section 3 adds a subdivision to Minn. Stat. § 343.21. The subdivision requires that offenders who are convicted of harming service ani-mals pay restitution. It clarifies that civil remedies are not precluded by the criminal penalty for harming service animals.

• Substances that enhance animal’s ability to fight prohibited. Section 4 amends Minn. Stat. § 343.31, subd. 1 by prohibiting possession of certain devices or substances that enhance an animal’s ability to fight.

Effective Aug. 1, 2010. (AF)

Crime of identity theft expansion providedChapter 293 (HF 2470/SF 2493*) expands the crime of identity theft to include scanning and reencoder use to acquire information from payment cards. The law makes it a felony to unlawfully possess scanning devices or reencoders. A scanning device is used to read or store information encoded on a card with a magnetic or electronic strip. A reencoder is a device that places encoded information from one card onto a different card.• Investigative authority expanded. Section 1 amends

Minn. Stat. § 388.23, subd. 1 by expanding the county attorney’s subpoena authority to include the production of certain records for identity theft investigations. It limits subpoena authority to identity theft cases where prob-able cause exists to believe a crime has been committed.

• Definitions provided. Section 2 amends Minn. Stat. § 609.527, subd. 1 by adding definitions of “scanning device,” “reencoder,” and “payment card.”

• Felony crime established. Section 3 adds a subdivi-sion to Minn. Stat. § 609.527. It creates a five-year felony for the following: (1) using a scanning device or ree-encoder without the cardholder’s permission and with intent to commit a crime; and (2) possessing any device that is designed to be used as a scanning device or reen-coder, with intent to commit a crime.

• Prosecution venues authorized. Section 4 amends Minn. Stat. § 609.527, subd. 6 by specifying that the crime of identity theft using a scanning device and/or reencoder may be prosecuted in the county where the crime occurred, the county of residence or place of busi-ness of the victim, or the county of residence of the per-son whose identity was obtained or sought.

Effective Aug. 1, 2010. (AF)

Domestic abuse and crime of stalking provisions modified and electronic monitoring pilot project authorizedChapter 299 (HF 2608/SF 2437*) recodifies and clarifies the domestic abuse no contact order law. It expands the tampering with a witness crime, increases the maximum bail for nonfelony domestic assault and domestic abuse order for protection violations, clarifies the requirement

2010 Law Summaries Page 7

that the data communications network include orders for protection and no contact orders, exempts certain domes-tic abuse or sexual attack programs from data practices requirements, extends area for protection to a reasonable area around residence or dwelling in ex parte orders for protection, modifies the crime of stalking and authorizes a pilot project to allow judges to order electronic monitor-ing for domestic abuse offenders on pretrial release. Sum-marized below are the substantive provisions in the act.• Application of Data Practices Act to shelter and

support services modified. Section 1 creates Minn. Stat. § 13.823. It references the definition of “domestic abuse” provided in Minn. Stat. § 518B.01, subd. 2, and the definition of “sexual attack” provided in Minn. Stat. § 611A.21, subd. 2. The section also specifies that a pro-gram that provides shelter or support services to victims of domestic abuse or a sexual attack and whose employ-ees or volunteers are not under the direct supervision of a government entity is not a political subdivision for purposes of the Data Practices Act. A provision of the Data Practices Act that requires contracts with a private person that performs functions of a government entity to include terms that make it clear that all of the data are subject to the Data Practices Act would not apply to these programs. Programs would be required to com-ply with Minn. Stat. § 611A.32, subd. 5, and Minn. Stat. § 611A.371, subd. 3, which classify data on victims and battered women as private data. Government data arising out of a contractual relationship between the program and a government entity, other than programmatic and financial reports, contracts, and grant agreements, would be private data or nonpublic data.

• Application of Data Practices Act to orders for protection and no contact orders modified. Section 2 adds a subdivision to Minn. Stat. § 13.871. It provides that data contained in orders for protection and no contact orders are classified in Minn. Stat. § 299C.46, subd. 6.

• “No contact order” defined and conditions provided. Section 3 amends Minn. Stat. § 299C.46, subd. 6. It provides a definition of “no contact orders” for purposes of the criminal justice data communica-tions network. The definition includes no contact orders issued as a condition of pretrial release or probation for domestic abuse cases and under the domestic abuse no contact order law. A no contact order in the network must be accompanied by a photo of the offender.

• Order for protection to include pets. Section 4 amends Minn. Stat. § 518B.01, subd. 6 by permitting a court to include provisions in an order for protection: (1) directing for the care, possession, or control of a pet or companion animal; and (2) prohibiting the respondent from physically abusing or injuring any pet, without

legal justification, as an indirect means of intentionally threatening the safety of the person.

• Area for protection clarified. Section 5 amends Minn. Stat. § 518B.01, subd. 7 by extending the area for protection to “a reasonable area surrounding the dwell-ing or residence” of a person seeking an ex parte order for protection. The same language already appears in current law under Minn. Stat. § 518B.01, subd. 6, which applies to the general order for protection. The section also adds the same relief provided in section 4 (relating to provisions for pets or companion animals) to ex parte orders.

• Crime of tampering with a witness expanded. Section 6 adds a subdivision to Minn. Stat. § 609.498. It creates the crime of tampering with a witness in the third degree. The new provision requires a showing that a defendant’s actions were intentional and by means of intimidation or threat.

• Crime of tampering with a witness a misde-meanor. Section 7 amends Minn. Stat. § 609.498.3 by making a violation of the new witness tampering in the third degree crime created in section 6 a misdemeanor.

• Crime of stalking clarified and expanded. Section 8 amends Minn. Stat. 609.749. It substitutes the term “stalking” for “harass” and eliminates the express element of intent by striking the term “intentional.” It clarifies that there need not be a special relationship between the stalker and the victim. The section consoli-dates the venue provisions that are currently scattered throughout the statute in one subdivision and speci-fies venue in cases where the victim participates in the Safe at Home program (i.e., the address confidentiality program). It clarifies that the general warrantless arrest authority granted peace officers under Minn. Stat. § 629.34 applies to most stalking violations. It adds text messaging to the stalking offense of making repeated phone calls to a victim. It modifies the offense of moni-toring someone via “any available” technology. It extends the offense of manifesting the intent to injure a person or property of another to cases where the offender uses a third party to manifest the perpetrator’s intent. It adds assistive devices for visually or hearing impaired to the list of ways that a person can stalk another. It adds to the list of crimes that can lead to a charge of patterned stalk-ing. The new offenses include murder 1-3, manslaughter 1-2, violation of a domestic abuse no contact order, and interference with an emergency call.

• Domestic abuse maximum bail deleted. Section 9 amends Minn. Stat. § 629.471, subd. 3 by deleting the current statutory cap for maximum bail set in non-fel-ony domestic abuse cases and moves them to section 10.

Page 8 League of Minnesota Cities

• Domestic abuse maximum bail provided. Section 10 adds a subdivision to Minn. Stat. § 629.471. It creates a new maximum bail provision for non-felony domestic abuse offenses. It sets the maximum cash bail at 10 times the highest cash fine. For misdemeanors and gross misdemeanors, the maximum cash bail is $10,000 and $30,000, respectively.

• Electronic monitoring authorized. Section 12 amends Minn. Stat. § 629.72, subd. 2a. It permits a judi-cial district to convene an advisory group consisting of representatives from law enforcement, probation, pros-ecutors, defense attorneys, court administrators, judges, and battered women’s organizations. The group may develop standards for the use of electronic monitoring devices to protect victims of domestic abuse and for evaluating the effectiveness of the program, and report its results to the chief judge of the district and the Legis-lature. It authorizes a chief judge of a judicial district to establish a pilot project allowing judges in the judicial district or in a county in the district to order electronic monitoring of domestic abuse offenders on pretrial release. If a pilot project is conducted, the chief judge must convene an advisory group with the same repre-sentatives to evaluate the pilot, and report results to state court administration and the Legislature.

• Domestic abuse no contact order modified. Section 13 creates Minn. Stat. § 629.75. It recodifies and amends the criminal domestic abuse no contact order (DANCO) law which is currently in the Civil Domestic Abuse Act (ch. 518B). It adds language that provides that a DANCO is independent of any condition of pretrial release or probation and provides that an order may be made in juvenile delinquency as well as adult criminal cases. In the probationary setting, it allows an order for crimes arising from the same set of circumstances as those crimes specifically listed in the law.

Effective Aug. 1, 2010, and applies to crimes committed on or after that date. (AF)

Detention placement options for juveniles modifiedChapter 330 (HF 2607/SF 2755*) amends Minn. Stat. § 260B.130, subd. 5 by clarifying the detention placement options available for extended jurisdiction juveniles (EJJ) pending revocation hearings. Offenders may be detained in a secure juvenile detention facility. However, if no such facility or other suitable juvenile facility exists in the county, the offender may be detained in an adult jail for up to 24 hours, excluding Saturdays, Sundays, and holidays in non-metropolitan statistical areas, and up to six hours in metropolitan statistical areas. If the offender is under the age of 18, the facility must provide complete sight and sound separation from adult offenders. Effective Aug. 1, 2010. (AF)

Driving while impaired (DWI) provisions modified and ignition interlock program expandedChapter 366 (HF 3106*/SF 2741) lengthens the driver’s license revocation periods applicable to repeat DWI offenders. It also provides for longer revocation periods for offenders having an alcohol concentration of twice the legal limit (0.16) or more. In addition, the bill makes the ignition interlock pilot program permanent while making numerous changes to it. Under the changes, repeat offend-ers and first-time offenders with alcohol concentrations of twice the legal limit or higher will have to use an ignition interlock device to drive legally in Minnesota. First-time offenders with alcohol concentrations of lower than twice the legal limit will have the choice of getting a limited driver’s license (as under current law) or getting a broader license subject to the use of an ignition interlock. The bill also amends the law related to B-Cards to allow B-Card holders to get their no alcohol use restriction lifted under certain circumstances. Summarized below are provisions that may be of interest to cities.• “Twice the legal limit” defined. Section 1 adds a sub-

division to Minn. Stat. § 169A.03. It defines “twice the legal limit” as an alcohol concentration of two times the 0.08 blood alcohol concentration (BAC) limit specified in Minn. Stat. § 169A.20, subd. 1, clause (5).

• Jail sentence waived if offender participates in ignition interlock program. Section 2 amends Minn. Stat. § 169A.275, subd. 7 by providing that a person is not subject to the mandatory DWI jail sentences (appli-cable to repeat offenders) in law if the person is ordered as a condition of probation to drive only motor vehicles equipped with an ignition interlock device.

• Revocation period increased for implied consent violation. Section 3 amends Minn. Stat. § 169A.52, subd. 3 by increasing the driver’s license DWI revocation periods following refusal to submit to a test (implied consent violation) for repeat offenders. Rather than the current law’s mandated one-year revocation, the section requires revocation from a minimum of two years to a minimum of six years, depending on the num-ber of prior impaired driving incidents. The section does not increase the revocation periods for first-time offenders.

• Revocation period increased for implied consent failure. Section 4 amends Minn. Stat. § 169A.52, subd. 4 by increasing the driver’s license DWI revocation periods following an implied consent test failure for repeat offenders. It also increases the revocation period for first-time offenders with an alcohol concentration of twice the legal limit or higher. The new revocation periods range from one year to six years. This section makes no changes to the revocation periods for first-time offenders with alcohol concentrations under twice the legal limit.

• Revocation period increased for repeat DWI offenders. Section 5 amends Minn. Stat. § 169A.54,

2010 Law Summaries Page 9

subd. 1 by increasing the driver’s license revocation periods following a DWI conviction for a repeat offender. The new revocation periods range from two years to not less than six years. This section makes no changes to the revocation periods for first-time offenders.

• Revocation for DWI violators under age 21 con-forming changes provided. Section 6 amends Minn. Stat. § 169A.54, subd. 2 by making technical and con-forming changes to language providing for driver’s license revocation for DWI violators under age 21.

• One year revocation provided for violators with BAC of twice the legal limit. Section 7 amends Minn. Stat. § 169A.54, subd. 5 by providing for a mini-mum revocation period of one year for a violator with an alcohol concentration of twice the legal limit or more if the violator has no prior DWIs within the past10 years. Current law doubles the revocation period for a DWI violator with an alcohol concentration of 0.20 or more, regardless of prior DWIs.

• Conditions for reinstatement after three or more DWI incidents provided. Section 8 adds a subdivision to Minn. Stat. § 169A.55. It prescribes conditions for license reinstatement following cancellation or denial as a result of three or more DWI incidents. Reinstatement without ignition interlock restrictions cannot occur until the person completes rehabilitation and submits verifi-cation of abstinence for a prescribed period from three to six years, as evidenced by use of ignition interlock or other approved chemical monitoring device.

• Plate impoundment threshold lowered. Section 9 amends Minn. Stat. § 169A.60, subd. 1 by lowering from 0.20 to “twice the legal limit,” the alcohol concentration that triggers plate impoundment.

• Crime of operating a vehicle that is not equipped with an ignition interlock device established. Section 10 adds language to Minn. Stat. § 171.09. It makes it a misdemeanor for a person with a restricted license requiring ignition interlock use, to operate, or be in physical control of a motor vehicle that is not equipped with a functioning, certified ignition interlock device.

• Eligibility for non-restricted license provided. Section 10 also adds language to Minn. Stat. § 171.09 providing that a person with a driver’s license contain-ing a restriction on the person consuming any alcohol or controlled substances (B-Card) can apply to have the restriction lifted (and a license issued not containing the restriction) if the person has not violated the abstinence condition for the past 10 years.

• Issuance of limited license prohibited under certain circumstances. Section 11 amends Minn. Stat. § 171.30, subd 1 by prohibiting the issuance of a limited driver’s license to offenders who commit their second DWI within 10 years or who have three DWIs in their life (but not within 10 years). It allows limited licenses

for first-time offenders with alcohol concentrations of less than twice the legal limit and for offenders with lon-ger license revocation, cancellation, or denial periods due to a large number of prior DWIs. The section also allows the commissioner to issue a limited license to a person who the commissioner has good cause to believe is inimical to public safety or welfare.

• Limited license waiting period eliminated. Section 12 amends Minn. Stat. § 171.30, subd. 2a by eliminating the waiting period before issuance of a lim-ited license for repeat DWI offenders. It retains the cur-rent 15-day waiting period for first-time offenders with alcohol concentrations of less than twice the legal limit.

• Ignition interlock provisions to supersede provisions for failure to comply with limited license conditions. Section 13 amends Minn. Stat. § 171.30, subd. 4 by providing that the ignition interlock provisions in section 14 (below) supersede the general statutory penalty provisions for failure to comply with limited license conditions.

• Ignition interlock program established. Section 14 amends Minn. Stat. § 171.306, as amended by Laws 2009, chapter 29, sections 2 and 3, the ignition interlock device pilot project including making it a permanent program. Section 14 includes the following provisions:oDefinitions provided. The section defines “ignition

interlock device” as “equipment that is designed to measure breath alcohol concentration and to prevent a motor vehicle’s ignition from being started by a per-son whose breath alcohol concentration measures 0.02 or higher on the equipment. The section defines “pro-gram participant” as a person whose driver’s license has been revoked, canceled, or denied under Minn. Stat. §§ 169A.52, 169A.54, or 171.04, subd. 1, clause (10), and who has qualified to take part in the ignition inter-lock program under this section. The section defines “qualified prior impaired driving incident” as defined in Minn. Stat. § 169A.03, subd. 22.

oManufacturer certification required. The section requires device manufacturers to apply annually to the commissioner of the Department of Public Safety (DPS) for certification. Manufacturers must provide installation, servicing, and monitoring to indigent par-ticipants at a discounted rate. Manufacturers must also include in an ignition interlock contract a provision limiting the liability of a program participant who can-cels the contract.

oProgram requirements provided. The section establishes program requirements, including a written agreement by participants. Participants must be 18 or older, must pay all costs associated with the ignition interlock devices, and must bring device-equipped

Page 10 League of Minnesota Cities

vehicles to an approved service provider for calibration and servicing.

oIssuance of restricted license required. The section directs the DPS commissioner to issue a class D driver’s license, subject to limitations, to a program participant, upon the participant’s proof that a certified ignition interlock device has been installed and that the partici-pant has proper insurance. It allows program partici-pants to operate employer-owned vehicles in certain limited situations. A participant whose revocation was caused by a specified less serious level of offense may apply, without any waiting period, for conditional reinstatement, subject to ignition interlock. Partici-pants who committed more serious levels of offenses may apply for a limited license, if the participant is enrolled in a rehabilitation program. After rehabili-tation and one year of limited license use with the ignition interlock, the participant may apply for con-ditional reinstatement, subject to ignition interlock. The license must be canceled if the ignition interlock subsequently registers breath alcohol concentration of at least 0.02. The commissioner may determine when a participant is eligible for a full driver’s license, but a license may not be reinstated until the participant’s device has registered no breath alcohol concentrations of 0.02 or higher for 90 days.

oRevocation period extended. The section extends the revocation period from 180 days to 545 days for violation of program requirements or violation of restrictions in the limited license. The commissioner may terminate a person’s participation in the interest of public safety.

oCrime of knowingly providing a vehicle that is not equipped with an ignition interlock device to an ignition interlock license holder established. The section makes it a misdemeanor to knowingly allow an ignition interlock license holder to lend, rent, or lease a vehicle that is not equipped with a functioning, certified ignition interlock device. It is a misdemeanor to tamper with the device, except for emergency purposes or for repair.

oProsecution venue established. The section addresses where criminal prosecutions related to the ignition interlock program may be prosecuted.

All sections effective July 1, 2011. (AF)

Sale or possession of salvia divinorum prohibited Chapter 368 (HF 2975/SF 2773*) adds a subdivision to Minn. Stat. § 152.027. It provides that a person who unlawfully sells any amount of salvia divinorum or salvinorin A is guilty of a gross misdemeanor. It also pro-vides that a person who unlawfully possesses any amount of salvia divinorum or salvinorin A is guilty of a misde-meanor. Effective Aug. 1, 2010. (AF)

Forfeiture and seizure provisions modifiedChapter 391 (HF 2610/SF 2634*) makes substantive changes to forfeiture and seizure laws as they pertain to controlled substance crimes. It requires officers to give receipts upon seizure of property; implements timelines for forfeiture notice and hearings; places a cap on the value of property that may be forfeited administratively; requires a prosecutor to certify administrative forfeitures; prohibits sales of forfeited property to employees of law enforcement agencies or their family members, and requires that sales be conducted in a commercially reasonable manner; expands forfeiture reporting; allows more forfeiture cases to be heard in conciliation court; provides for certain seized prop-erty to be returned to its owner pending the forfeiture determination; provides for the development of new admin-istrative forfeiture notice language; increases some of the thresholds relating to controlled substance forfeiture cases; and requires the Peace Officer Standards and Training (POST) Board and Minnesota County Attorneys Association to develop statewide model policies for best practices in forfei-ture. Below are provisions that may be of interest to cities.• Conciliation court jurisdiction expanded.

Section 6 amends Minn. Stat. § 491A.01, subd. 3, the conciliation court jurisdiction law, to allow conciliation courts to hear claims involving forfeiture cases relating to controlled substances, designated offenses, and drive-by shootings if the money or personal property involved is worth $15,000 or less. Effective Aug. 1, 2010.

• Receipt for seized property required. Section 7 amends Minn. Stat. § 609.531, subd. 4 to require a law enforcement officer to provide a forfeiture receipt when seizing property. Effective Aug. 1, 2010.

• Duty to secure seized property provided. Section 8 amends Minn. Stat. § 609.531, subd. 5, the general forfei-ture law, to change statutory language from permissive to mandatory regarding a law enforcement officer’s duty to secure seized property and prevent waste. Effective Aug. 1, 2010.

• Procedure to regain possession of seized property provided. Section 9 amends Minn. Stat. § 609.531, subd. 5a, the general forfeiture law, to allow owners of seized property to regain possession pending the for-feiture’s outcome by giving security or posting bond equal to the value of the property. Current law gives law enforcement veto power over this. This change does not apply to contraband property or property held for inves-tigatory purposes. Effective Aug. 1, 2010.

• Person with interest in forfeited property petition for remission procedure provided. Section 10 adds a subdivision to Minn. Stat. § 609.531. It authorizes a person with an interest in forfeited property to file a petition for remission or mitigation with the county attorney. It provides that the county attorney may remit or mitigate the forfeiture if: (1) the forfeiture was

2010 Law Summaries Page 11

incurred without willful negligence or intent to violate the law, or (2) extenuating circumstances exist. Effective July 1, 2010.

• Development of model forfeiture policy required. Section 11 adds a subdivision to Minn. Stat. § 609.531. It requires the Minnesota County Attorneys Associa-tion and the POST Board to develop model policies on forfeitures designed to promote the uniform application of those laws across the state. It requires each prosecution office in the state and the chief law enforcement officer of every state and local law enforcement agency to adopt and implement a written policy on forfeitures that is identical or substantially similar to the applicable model policy. It requires that the model policies be reported to the Legislature and that local policies be made available to the public upon request. Effective July 1, 2010.

• Monetary threshold for forfeiture modified. Section 12 amends Minn. Stat. § 609.5311, subd. 3, the controlled substance judicial forfeiture law. It increases the monetary thresholds applicable to the controlled substances involved in the forfeiture of conveyance devices (cars, boats, etc.) from $25 to $75 and real prop-erty from $1,000 to $2,000. Effective Aug. 1, 2010.

• Notice of intent to forfeit property required. Section 13 amends Minn. Stat. § 609.5313, the general forfeiture law. It requires a county attorney to send notice of intent to forfeit property within 60 days from when seizure occurs. It allows the county attorney to petition the court for an additional 90 days for good cause shown. It directs the agency to return the property to the owner if notice is not timely sent. It provides that the agency retains the right to commence the forfeiture at a later time. Effective Aug. 1, 2010.

• Administrative forfeiture regulations modified. Section 14 amends Minn. Stat. § 609.5314, subd. 2, the controlled substance administrative forfeiture law. It imposes a cap of $50,000 on the value of property that may be administratively forfeited. It implements the same notice requirements found in section 13 (above). It amends the language of the notice provided by law enforcement to persons with an interest in the property to reflect the higher conciliation court limit provided for in section 6. It changes the notice from being all in capital letters to regular type. Finally, it requires the notice to be given in Somoli. Effective Aug. 1, 2010.

• Administrative forfeiture hearing requirement modified. Section 15 amends Minn. Stat. § 609.5314, subd. 3 by requiring a contested controlled substance

administrative forfeiture hearing be held no later than 180 days from the filing of the demand by the claimant, unless a criminal proceeding is pending. Effective Aug. 1, 2010.

• Sale of forfeited property regulations modified. Section 16 amends Minn. Stat. § 609.5315, subd. 1, the law addressing the distribution of forfeiture proceeds. It requires sales of forfeited property to be conducted in a commercially reasonable manner. It prohibits law enforcement agencies from selling forfeited property to its employees or their family members. Effective July 1, 2010.

• Administrative forfeiture certification required. Section 17 amends Minn. Stat. § 609.5315, subd. 2 by requiring a county attorney to certify that the follow-ing procedures were taken before property was for-feited administratively (where no demand is made by the claimant): (1) the seizing agency provided an evidence or forfeiture receipt; (2) proper notice was timely served; and (3) probable cause for the forfeiture exists based upon the officer’s statement. Effective Aug. 1, 2010.

• Forfeiture reporting requirement modified. Section 18 amends Minn. Stat. § 609.5315, subd. 6, the forfeiture law’s reporting requirement. It specifically applies it to all forfeitures occurring in the state and to forfeitures initiated by multijurisdictional law enforce-ment entities. It expands the requirements of what must be reported. It requires prosecutors, upon the state audi-tor’s request, to make reports when law enforcement officers have not already done so. Sections 19 and 20 apply the reporting requirement in section 18 to Minn. Stat. § 609.762 and Minn. Stat. § 609.905. Effective Aug. 1, 2010.

• Development of forfeiture notice language required. Section 21 is a 2010 session law that requires the commissioner of the Department of Public Safety, in consultation with the executive director of the POST Board and the Minnesota County Attorneys Associa-tion, to develop modified language for the controlled substance, DWI, and wetlands administrative forfeiture notice language. It requires that the new language be reported to the Legislature by Jan. 15, 2011. Effective Aug. 1, 2010. (AF)

Page 12 League of Minnesota Cities

COMMERCE

Elevator provisions modifiedChapter 282 (HF 3076/SF 2844*) changes provisions per-taining to elevators. Section 1 amends the definition of “elevator” in Minn. Stat. § 326B.163, subd. 5 by striking references to manlifts in grain elevators and feed mills, as well as platform wheelchair lifts and elevators in churches. Section 2 amends Minn. Stat. § 326B.184, subd. 2. It pro-vides that after issuance of an initial operating permit and payment of the fee, hand-powered manlifts and electric endless belt manlifts are not subject to subsequent operat-ing permit fees and periodic inspections that are required for other types of elevators. Special purpose personnel ele-vators are subject to inspection not more than once every five years. Elevators located in churches that do not have attached school facilities are subject to inspection not more than once every three years. All other elevators are subject to inspection not more than once each year. Effective Aug. 1, 2010. (AF)

Health plan company communications with providers and enrollees restrictedChapter 331 (HF 3042/SF 2700*) adds a subdivision to Minn. Stat. § 62Q.735. It prohibits a health plan company from requiring a provider to give notice of termination of the provider agreement before communicating with the provider regarding renewal of the provider agreement. It also prohibits a health plan company from communicating with its enrollees about a possible provider termination. Finally, it prohibits a health plan company from excluding a non-network provider from future network contracts solely because the provider terminated its participation as the contract permitted. Effective Jan. 1, 2011. (AF)

Health insurance small market working group establishedChapter 370 (HF 2163/SF 1905*) is a 2010 session law requiring the commissioner of the Department of Com-merce to convene a working group to study and report on the options available to increase rate predictability and stability for groups with 100 or fewer employees. The law requires that by Nov. 15, 2010, the working group must submit a report on its findings, including proposed leg-islation, if any, to the Health Care Access Commission. The commissioner of the Department of Commerce or the commissioner’s designee must convene the first meet-ing of the working group no later than Aug. 1, 2010. The commissioner must provide assistance with research or background information and administrative support for the working group within the existing agency budget. The working group expires June 30, 2011. Effective Aug. 1, 2010. (AF)

General insurance changesChapter 384 (HF 2942/SF 2839*) contains mostly insur-ance regulations with some changes that may impact employer-sponsored plans in terms of notification require-ments for continued coverage of benefits. Provisions include the following:• City entitled to notice if contractor’s insurance is

canceled. Section 7 amends Minn. Stat. § 60A.36 and adds a subdivision to the section. An insurance com-pany must give notice of cancellation of a policyholder’s insurance coverage to a third party (e.g., the city) if the policyholder has notified the insurance company of the identity of the third party and the third party is a licens-ing authority or a state, city, or county governmental unit on whose behalf the policyholder is providing service.

• Certificates of insurance do not create contractual rights; notice of cancellation provisions changed. Sections 8-10 amend Minn. Stat. § 60A.39 by clarifying that a certificate of insurance issued to a certificate holder is a document that provides evidence of property or liability insurance but does not convey any contractual rights to the certificate holder. It provides that a certifi-cate of insurance cannot provide for notice of cancella-tion that exceeds the statutory notice of cancellation or a period of notice specified in the policy.

• Life insurance notice of options required. Section 14 amends Minn. Stat. § 61A.092, subd. 3 by requiring the employer to inform the employee within 14 days after the employee’s termination or layoff of his or her right to continue life insurance coverage. Previous law did not have a timeframe in which notice must be provided of the option to continue life insurance coverage.

• Health insurance notice of options required. Section 17 amends Minn. Stat. § 62A.17, subd. 5 to require the employer inform the employee of his or her right to continue group health insurance coverage within 14 days after the employee’s termination or layoff. Previous law required notification of the right to con-tinue coverage within 10 days.

• City entitled to notice if liquor licensee’s insurance is canceled. Section 96 amends Minn. Stat. § 340A.409. It provides that if a liability insurance policy issued to a liquor licensee is canceled, the insurance company must send a notice to the issuing authority, e.g., the city, at the same time a cancellation request from the licensee is received or at the time a notice is sent by the insurance company to the licensee cancelling coverage.

Effective Aug. 1, 2010. (AF)

2010 Law Summaries Page 13

DATA PRACTICES

State agency use of temporary session cookies on government websitesChapter 222 (HF 2988/SF 2327*) adds subd. 5 to Minn. Stat. § 13.15 to provide that the section does not apply to a cookie that a government entity temporarily installs on a person’s computer during a single session on or visit to a government entity’s website if the cookie is installed only in the computer memory and deleted from the memory when the browser or application is closed. Effective Aug. 1, 2010. (AH)

Availability of information and continuing education to persons with disabilities requiredChapter 271 (HF 737/SF 1246*) and Chapter 347 (HF 2510*/SF 2781) pertain to availability of public infor-mation and continuing education to people with disabilities. Chapter 347, passed later in the legislative session, makes changes to provisions enacted in Chapter 271.• Public information availability to persons with

disabilities requirements provided. Chapter 271, section 2, creates Minn. Stat. § 363A.42, which provides that any information that is collected, created, received, maintained, or disseminated by a public entity must be available to persons with disabilities in a manner con-sistent with state and federal laws prohibiting discrimi-nation against persons with disabilities. It requires that reasonable modifications must be made in any policies, practices, and procedures that might otherwise deny equal access to records to individuals with disabilities. Penalties for violating this section include a $500 fine per violation, plus attorney fees, costs, and disbursements. Effective Jan. 1, 2013.

• Public information availability to persons with disabilities requirements modified. Chapter 347, section 22, amends Minn. Stat. § 363A.42 (enacted in Chapter 271) to provide that records must be made available only on request, and that the section does not apply to technology procured or developed prior to Jan. 1, 2013, or to records that cannot be reasonably modified to be accessible without an undue burden to the public entity. It also specifies that the total amount of penalties payable to any individual or class regardless of the number of violations is limited to $15,000. The award of attorney fees cannot exceed $15,000. Any action must be commenced within one year of the violation.

• Continuing education and professional development accessibility requirements provided. Chapter 271, section 3 creates Minn. Stat. § 363A.43. It provides that any continuing education or professional development course approved or administered by a public entity must be available to persons with disabilities. It requires that reasonable modifications must be made in any policies, practices, and procedures that might otherwise deny equal access to continuing education to individuals with disabilities. Penalties for violating this section include a $500 fine per violation, plus attorney fees, costs, and dis-bursements. Effective Jan. 1, 2013.

• Continuing education and professional development accessibility requirements modified. Chapter 347, sec-tion 23, amends Minn. Stat. § 363A.43 (enacted in Chap-ter 271) to provide that accommodation must be made only upon request. It also specifies that the total amount of penalties payable to any individual or class regard-less of the number of violations is limited to $15,000. The award of attorney fees cannot exceed $15,000. Any action must be commenced within one year of the vio-lation. (AF)

Administrative remedies for certain violationsChapter 297 (HF 2899*/SF 2354) amends Minn. Stat. §§ 13.072, subd. 2; 13.08, subd. 4; and 13.319, by adding a subdivision; and Minn. Stat. § 122.18, subd. 1. It provides for the Office of Administrative Hearings (OAH) to hear actions to compel compliance under Minn. Stat. § 13.08, subd. 4 or § 13.085 and may be brought by any aggrieved person seeking to enforce rights under chapter 13 or to obtain access to data. • Time to file data practice complaints with OAH

limited. Section 3 requires that complaints be filed with the OAH within 2 years after the occurrence or fail-ure to act that is the subject of the complaint as well as within one year after concealment or misrepresentation regarding such occurrences or failure to act is discovered. The process requires the payment of a $1,000 filing fee or a bond to guarantee the payment. OAH is required to assign an administrative law judge (ALJ) to review each complaint and make a preliminary determination regard-ing disposition of the complaint within 20 business days after a response to the complaint is filed or the respon-dent’s time to file the response has expired. (The respon-dent is required to file a response to a complaint within 15 business days of receiving from OAH the official notice of the action.)

Page 14 League of Minnesota Cities

The new provisions contain terms that establish a rebuttable presumption that a complainant who sub-stantially prevails on the merits of an action is entitled to reasonable attorney fees not to exceed $5,000. But the award of attorney fees may be denied if the judge deter-mines that the violation is merely technical or that there is actual uncertainty about the meaning of the govern-ing law.

A complainant who does not substantially prevail is entitled to a refund of the filing fee, minus any costs incurred by the OAH in conducting the hearing. If the administrative law judge determines that a complaint is frivolous or brought to harass, the judge must order the complainant to pay the respondent’s reasonable attorney fees, not to exceed $5,000, and is not entitled to a refund of the filing fee.

Effective July 1, 2010, and applies to actions commenced on or after that date. (AH)

Personnel data provisions modifiedChapter 365 (HF 1083/SF 863*) amends Minn. Stat. § 13.43, subd. 1, relating to personnel data.• Definition of “personnel data” clarified. Article 1,

section 3 clarifies that personnel data means government data on individuals that is maintained, rather than simply collected, because the individual is or was formerly an employee or applicant for employment as well as indi-viduals who voluntarily perform services for a govern-ment entity or act as an independent contractor with a governmental entity.

• Classification of terms and conditions of govern-ment employment, and work-related continu-ing education. Article 1, section 4 amends Minn. Stat. § 13.43, subd. 2 to provide that terms and conditions of government employment and work-related continuing education are public data.

• Changes to arbitration proceeding under terms of collective bargaining agreement. Article 1, section 4 also modifies provisions related to arbitration proceedings that occur under terms of collective bar-gaining agreements in which the final disposition takes place either at the culmination of arbitration or if the employee fails to elect arbitration in a timely manner as provided under that agreement. This modification to current language clarifies that disciplinary action does not become public if the arbitrator upholds an employee grievance and reverses all elements of any previous disciplinary action.

• Authority to close meeting to review appraisal data clarified. Article 1, section 8 amends Minn. Stat. § 13D.05, subd. 3 to clarify that a public body may close a meeting to review protected non-public appraisal data (as well as confidential data) related to such appraisals.

• Probable cause review process outlined. Section 3 also prescribes the terms and procedures for a probable cause review in which the administrative law judge may determine that the complaint and response do not pres-ent sufficient facts to believe that a violation of the Min-nesota Government Data Practices Act (MGDPA) has occurred or that the complaint and response do present sufficient facts to believe a violation has occurred.

If the complaint is scheduled for a hearing, the office must notify all parties and schedule a hearing at which all parties are allowed to submit evidence, docu-mentation, and arguments. If the complaint is dismissed, the notice must inform the parties of the right of the complainant to seek reconsideration of the decision by the chief administrative law judge.

All OAH administrative hearings on such complaints must be open to the public, although the new statute provides that the administrative law judge is authorized to inspect in camera any government data in dispute or to conduct a closed hearing to consider information or issue protective orders and seal all or part of the hearing record. The ALJ also has authority to close a portion of the hearing to prevent disclosure of data that is not public.

• ALJ authorization to make one of five dispositions of complaint allegations. Section 5 details the dispo-sition of such hearings in which the ALJ is required to determine whether the alleged violation occurred and make at least one of five dispositions to the allegations in the complaint: (1) dismiss the complaint; (2) find that there is a violation as a result of an act or failure to act; (3) impose a civil penalty against the respondent of up to $1,000; (4) issue an order compelling that the respondent comply with the provision of the MGDPA that has been violated; and (5) refer the complaint to the appropriate prosecuting attorney for possible criminal charges.

The ALJ is required to submit a decision within 10 business days after the record of the hearing closes and must provide for public dissemination of orders issued. If the ALJ issues an order to compel compliance, OAH must forward a copy of the order to the Commissioner of Administration. Provisions also make such orders enforceable through district court in which the respon-dent is located. A party that is opposed to the final deci-sion on a complaint is entitled to judicial review.

• Exemption from liability for government entities. The provisions also make clear that a government entity or person who acts in conformity with an order issued under this section is not liable for compensatory or exemplary damages or awards of attorney fees for acting in conformity with the order issued by the OAH or for a penalty under Minn. Stat. § 13.09.

2010 Law Summaries Page 15

• Temporary data classification process amended. Article 2 amends Minn. Stat. § 13.06, subd. 1 to provide that upon receipt by the commissioner of Administration of the application for temporary classification, the data in the application are to be classified as requested (rather than at the time of the filing of the application).

• Contents of application to classify government data not public modified. Other provisions in Article 2 modify the contents of applications to classify govern-ment data as not public. In particular, provisions related to the contents of the application, found in Minn. Stat.§ 13.06, subd. 3, have been modified to require that current law does not allow such a classification and that one or more of three additional criteria must be demon-strated in making application for temporary classification of the data as not public: (1) that data similar to the temporary classification sought have already been classified as not public by other units of government; (2) that public access to the data would render an authorized program unworkable; or (3) the applicant must also clearly indicate that there is a compelling need for the temporary not public classification which, if not granted, could adversely affect the well-being or reputa-tion of the data subject.

• Publication of notice that an application for temporary classification of government data as not public required under certain circumstances. Article 2, section 3 provides that when the commissioner determines that an application affects other government entities, provisions require that the notice that an appli-cation is being filed must be published in the State Register within 15 days of receiving the application. Adding subdivision 4a to Minn. Stat.§ 13.06 allows the entity making the request for temporary data classifica-tion to withdraw the application before the commissioner determines whether to approve, disapprove, reject, or grant the request. The withdrawal request is to be made in writing and must describe the reason(s) for the with-drawal of the application.

• Commissioner of Administration required either to grant or disapprove an application within 45 days of receipt of application. Article 2, section 5 amends Minn. Stat. 13.06, subd. 5 to provide that the commissioner must either grant or disapprove an application for temporary classification within 45 days after the commissioner receives the application and that if the commissioner disapproves an application, the data that is the subject of the application becomes public 20 days after the date the responsible authority receives the commissioner’s disapproval unless the responsible authority submits an amended application for temporary

classification. If the commissioner grants the applica-tion, the temporary classification becomes immediately effective. Within 25 days of receiving the record of the application and the granting of temporary classification of data, the attorney general must approve or disapprove classification as confidential or protected non-public, but must approve a classification as private or non-public or disapprove the classification.

• Request by responsible authority for new or different use or dissemination of data that has been temporarily classified as not public. Article 2, section 6 amends Minn. Stat. § 13.06 by add-ing subd. 6a to provide that during a period of tempo-rary classification, a responsible authority may ask the commissioner to provide a new or different use or dis-semination of the data, as provided in Minn. Stat. § 13.05, subd. 4, for any data that has been temporarily classified under this section.

• Temporary classifications expire a year after applications are submitted. Article 2, section 7 amends Minn. Stat. § 13.06, subd. 7 to provide that temporary classifications will expire on Aug. 1 of the year following the submission by the commissioner of Administration in bill form to the Legislature all temporary classifications in effect on Jan. 1.

Effective Aug. 1, 2010. (AH)

ECONOMIC DEVELOPMENT

Economic development provisions in 2010 omnibus bonding billChapter 189 (HF 2700*/SF 2360) is the 2010 omnibus bonding bill containing appropriations for both the Department of Employment and Economic Development as well as the Minnesota Historical Society. The conference committee report was presented to the governor on March 11. On March 14 he made 52 line-item vetoes reducing the price tag on the bill from $999 million to $680 million and signed the remainder of the bill into law. Section 21 contains provisions specific to economic devel-opment and cities; section 24 contains those for the Min-nesota Historical Society:• Greater Minnesota Business Development Infrastructure

grants—$10 million.• Innovative Business Development Public Infrastructure

grants—$4 million.• Redevelopment grants—$5 million.• Historic preservation—$3.4 million.• County/local preservation grants—$1 million.

Effective March 15, 2010. (JO)

Page 16 League of Minnesota Cities

State stimulus/jobs billChapter 216 (HF 2695*/SF 2568) is the 2010 state stimulus/ jobs creation bill signed into law on April 1, 2010. The bill contains a number of provisions related to the economic development tools cities use. The bill contains the follow-ing provisions:• A job-growth investment credit for angel-venture capital

investment.• A refundable historic structure rehabilitation/preserva-

tion tax credit patterned after an existing federal credit.• Authority for local governments to finance energy con-

servation improvements and collect repayments as special assessments (at the request of the property owner).

• Authority of the Public Finance Authority (PFA) to issue revenue bonds for transportation projects that are paid back by cities or counties using tax increment financing (TIF), special assessments, or various special local taxes.

• Creation of compact development districts—a new kind of TIF district.

• Expanded authority to use TIF for general economic development for one year. Expanded authority to use excess TIF revenues for construction of new private development.

• Authority for create automotive recovery zone (CARZ), modeled after Greater MN JOBZ benefits, to the St. Paul Ford Motor Company site as long as certain condi-tions are met.

• Expanded authority for several cities to use TIF for housing replacement in response to the foreclosure crisis.

• Additional flexibility for the city of Bloomington to develop the Mall of America. Various effective dates.

The following provisions are also included:• Small business investment tax credit. Sections 1, 2,

and 12 set up the small business investment tax credit. The investor or fund is allowed a credit equal to 25 per-cent of the qualified investment in a qualified small busi-ness. Annual reporting is required by the recipient to the state, and the tax credit sunsets in 2014. Effective April 2, 2010. (JO)

• Local energy improvement financing. Sections 3, 4, 21, 22, 24, and 25 of the law allow cities, counties, and townships the option to choose to create programs where a private property owner can petition to have certain energy-related improvements made to their property and to have repayment collected as a special assessment attached to that property. The local govern-ment would then be able to sell industrial revenue bonds backed by the special assessment collection mechanism to provide the initial capital for the projects. Minnesota is the 17th state to enact a form of property assessed clean energy (PACE) financing. Additionally, economic development authorities (EDAs), housing and redevelop-ment authorities (HRAs), and similar bodies were given the authority to implement this with a city’s approval

within Chapter 389, article 7, sections 11-19 (HF 3729)— the omnibus tax bill. Involvement in the program is completely voluntary, and application requires a petition signed by all owners of a property. Projects would be required to have a completed energy audit prior to approval for financing to demonstrate the feasibility and cost-effectiveness of the proposed improvements. The principal amount of the financing could not exceed 10 percent of the assessed value of the property. Effective April 2, 2010, for sections 3, 4, 21, 22, and 24. Bonding authority in section 25 is effective after June 30, 2010. (CJ)

• Research and development (R/D) tax credit. Section 10 amends Minn. Stat. § 290.068 by expanding who can use the R/D tax credit and making it a refund-able credit. Effective for taxes payable after Dec. 31, 2009. (JO)

• Historic preservation structure rehabilitation tax credit. Sections 11 and 17 allow a refundable credit, or grant in lieu of credit, for historic structure rehabilitation based on the similar existing federal credit. Effective for tax years after Dec. 31, 2009, for rehabilitation with construction contracts entered into after May 1, 2010. (JO)

• Taconite economic development fund. Sections 18, 19, and 58 make changes to this fund with the distribu-tion. Additionally, section 58 names city-specific projects and distributions from the fund. Effective April 2, 2010. (JO)

• Transportation infrastructure loans. Section 23 authorizes the PFA to make loans to cities for transpor-tation infrastructure projects, as defined by the PFA, by issuing revenue bonds to be repaid by city taxes, such as tax increments or special taxes (lodging, liquor, etc.). This would apply to Build American Bonds, but is not limited to those. Effective April 2, 2010. (JO)

• Compact development TIF districts. Sections 26, 28, 29, and 30 deal with the new compact development TIF districts. Two major conditions must be satisfied: (1) parcels consisting of 70 percent of the area of the district are occupied by buildings or similar structures that are classified as class 3a property under Minn. Stat § 273.13, subd. 24, and (2) the planned redevelopment or devel-opment of the district, when completed, will increase the total square footage of buildings, classified as class 3a under Minn. Stat. § 273.13, subd. 24, occupying the district by three times or more relative to the square footage of similar buildings occupying the district when the resolution is approved. The authority to establish or approve such a district expires on June 30, 2012. Effective for districts made after June 30, 2010. (JO)

• Economic development TIF districts. Sections 31 and 32 provide temporary authority to use economic development districts for any type of project, if three conditions are met: oThe municipality funds projects that will create new

jobs in the state, including construction jobs, and the project otherwise would not have begun before July 1, 2011, without assistance.

2010 Law Summaries Page 17

oConstruction of the project begins no later than July 1, 2011.

oThe request for certification is made by June 30, 2011.This authority to spend the tax increment expires

Dec. 31, 2011. Effective for new districts April 2, 2010. (JO)• Create automotive recovery zone (CARZ).

Sections 33-43 lay out specific requirements for the tax benefits created in the CARZ similar to the JOBZ fea-tures for Greater Minnesota. This is specific to St. Paul’s Ford Motor Plant. Effective April 2, 2010. (JO)

• City-specific provisions. Sections 44-52 and 54-57 reference the changes to tax increment and city-specific laws for several cities, including: Bloomington, Brooklyn Park, Cohasset, East Grand Forks, Minneapolis, North Mankato, Oakdale, and St. Paul. Various effective dates—see Local Laws section. (JO)

• Housing replacement projects. Section 46 amends the numbers in current law for certain cities, increasing the number of units they can use such authority for. No local approval is needed. Effective April 2, 2010. (JO)

• Iron Range cities funding. Section 58 spells out funding for several Iron Range cities and their distribu-tions from the taconite economic development fund. Effective for 2010 distribution, payment made in August 2010. (JO)

• Prohibition on use for sports facilities. Section 61 spells out that no provision of the jobs bill may be used to assist the state, or any subdivision or agency of the state, a local government, or any private entity or person in financing or constructing a stadium or ball park. Effective April 2, 2010. (JO)

• Repealer. Section 62 repeals two sections of law: (1) Minn. Stat. § 290.06, subd. 34, dealing with the lower income motor fuels tax credit, which is how the various tax credits are paid for in this bill, and (2) is specific to a local Bloomington provision. Effective April 2, 2010. (JO)

Explore Minnesota Tourism CouncilChapter 252 (HF 3143*/SF 3013) amends the council membership requirements under Minn. Stat. § 116U.25 that specify the four tourism marketing regions of the state. This one-word change, by striking the word “four,” allows for more discretion in appointing for these positions. Effective for appointments made after Aug. 1, 2010. (JO)

Minnesota Entrepreneur Resource Virtual Network (MERVN)Chapter 283 (HF 2839/SF 2758*) creates a new section in the Department of Employment and Economic Develop-ment (DEED) statutes within Minn. Stat. § 116J. It allows for the Office of Entrepreneurship and Small Business Development (OESBD) to develop, maintain, and market a virtual network to provide seamless access to statewide resources and expertise for entrepreneurs and existing busi-nesses. Minn. Stat. § 116J.6581 allows the commissioner to

privately fundraise for this effort. The goal of the network is to assist in the creation of new Minnesota ventures, grow existing businesses, and help Minnesota entrepreneurs compete globally. A report is due by Sept. 30, 2010, to the Legislature on the plans for this network. Effective May 1, 2010. (JO)

Omnibus economic development bill Chapter 347 (HF 2781/SF 2510*) is the omnibus eco-nomic development policy bill. The bill contains mostly policy provisions, with a few minor fiscal changes. This bill covered a variety of policy topics, and issues related to several agencies such as DEED, Department of Labor and Industry (DOLI), and Department of Commerce as well as several smaller boards with oversight on certain occupa-tions such as the Board of Barbers and Cosmetologists.

Article 1 contains miscellaneous provisions related to employment and economic development within DEED, including the following:• Green economy. Section 1 amends the definition of

green economy under Minn. Stat. § 116J.437 to include products, processes, methods, technologies, or services intended to increase the use of green chemistry, as defined in 116J.9401.

• Fast action response team. Section 2 states that the department shall establish a fast action economic response team to contact and work with businesses that may relocate or expand either within or outside the state. Department needs to act within 24 hours. Sec-tion 27 requires the commissioner of DEED to submit a report that describes retention methods the department uses and could use in the future to identify businesses at risk for relocating or expanding outside of the state. Must include a proactive plan to identify businesses that are outside the state looking to relocate or expand, or that could be encouraged to relocate or expand through incentives. Due early summer 2010.

• Minnesota Investment Fund (MIF). Sections 3-5 expand the purpose of the MIF to include providing technical assistance through partnership with commu-nities for the creation and maintenance of employment and for start-ups, expansions, and retentions. Allows for use by private entrepreneurs and expands the list of con-ditions that must be evaluated to determine eligibility for funding.

• Military Reservist Economic Injury and Veteran-Owned Small Business Loans. Section 6 expands the Military Reservist program to provide loans to recent veterans starting small businesses.

• Workforce Development Council. Sections 7-10 deal with the Workforce Development Council and make small changes related to staffing, funding, and reporting. Directs DEED to develop and implement a set of standard approaches for assessing the outcomes of workforce programs.

Page 18 League of Minnesota Cities

• Minnesota Science and Technology Authority Act. Sections 11-20 and 34-36 establish this new authority with $107,000 to carry out its mission, which is to develop and implement a comprehensive science and technology economic development strategy for the state.

• Access for people with disabilities to public records, materials. Section 22-23 modifies a section of law that requires public record to be made available to disabled individuals. This provides that records must be made available upon request with some exceptions. Sets a $15,000 cap on penalties for noncompliance. Section 23 addresses continuing education materials.

• Affordable housing development vote. Section 24 changes a municipality’s voting requirements with respect to adoption of and amendments to a compre-hensive plan, by specifying that only a majority vote is necessary for amendments to permit affordable housing development. Previously, a two-thirds vote was required for adoption and amendments of all aspects of a compre-hensive plan.

• Areas of operation. Section 25 amends Minn. Stat. § 469.1082 by including townships as well as cities.

• Services performed by governmental units; com-monality of powers. Section 26 specifies that a gov-ernmental unit must negotiate with the union on the effects of a job elimination or replacement of a public employee covered by a union contract when it contracts with another governmental unit to perform a service or function. Where there is already a provision in the union contract that details the effects of that decision on the public employee, no additional negotiation is necessary.

•Workforce centers customer service. Section 29 directs the commissioner to better coordinate the services for the unemployed at the workforce cen-ters. Section 30 directs the Workforce Development Council executive committee to submit a report on the performances and outcomes of the various centers by Jan. 15, 2011.

• DEED block grants report. Section 31 directs DEED to report on the use of block grant funding; report goes to workforce-oriented legislative committees.

• Study of state depository accounts and general fund accounts. Section 32 requests the Carlson School of Management to study the feasibility of dividing the state’s general fund revenue accounts among and trans-ferring the state’s major and minor accounts between community financial institutions in order to ensure that state money benefits Minnesotans. The study also cov-ers local governments under Minn. Stat. § 118A.01, subd.2—which includes cities. Report due to the Legis-lature by Dec. 1, 2010.

• Study of state regulation affecting small business start-ups. Section 33 appropriates $65,000 to the Leg-islative Coordinating Commission (LCC) to fund a grant

for a comparative study of the effects of state regulation on the cost and delay required to start a typical business in Minnesota, Iowa, North Dakota, South Dakota, and Wisconsin. Requires the LCC to seek funding elsewhere before using the state’s money, and directs any unex-pended funds to the Minnesota Science and Technology Authority. The study is supposed to assess how regulation affects a typical small services business, a small retail busi-ness, and a small manufacturing business. Study due by Dec. 1, 2011.

The new law has five other articles, which are:oArticle 2: Unemployment Insurance (see Employ-

ment section). oArticle 3: Labor, Standard Wages; Licensing & Fees

(see Building Codes section). oArticle 4: Minnesota S.A.F.E Licensing Act of 2010.

This stands for Safe and Fair Enforcement for Mort-gage Licensing Act of 2010.

oArticle 5: Conforming and Transitional provisions relating to Chapter 58.

oArticle 6: Commerce.oArticle 7: Iron Range Resources.

Effective May 15, 2010, unless otherwise noted. (JO)

ELECTIONS

Changes in election administrationChapter 180 (HF 729/SF 848*) amends Minn. Stat. §§ 204B.19, subd. 2; 204B.21, subds. 1 and 2; 204B.46; and 205.075, subd. 1 by adding a subdivision; and § 367.03, subd. 4 by adding a subdivision.• Individuals not qualified to serve as election

judges. Section 1 clarifies that a stepchild or stepsibling of an election judge who serves in the same precinct polling place or of any candidate for election may not be appointed to serve as an election judge for any precinct polling place, with one exception: individuals related to one another, including stepchildren and stepsiblings, may serve in the same precinct polling place if they serve on separate non-concurrent shifts.

• Duties of political parties and secretary of state regarding lists of eligible voters to act as election judges. Section 2 amends Minn. Stat. § 204B.21, subd.1 to provide that on June 1 in a year in which there is an election for partisan political office, major political par-ties must electronically transmit lists of eligible voters in a specified format to the secretary of state. The sec-retary of state is directed to combine and process the data to identify precincts in which addresses provided are located. If data submitted is insufficient, the associ-ated name of the voter(s) is barred from appearing on any list that is forwarded to cities for appointment. By June 15, the secretary of state must electronically trans-mit to county auditors a list of appropriate names for

2010 Law Summaries Page 19

each precinct in that jurisdiction, on which the politi-cal party affiliation of each person on the list is provided. The county auditor is required to forward promptly the names of the eligible voters to city election officials.

• Additional election judge appointments. Section 3 amends Minn. Stat. § 204B.21, subd. 2 to clarify that if no lists have been furnished, or if additional elec-tion judges are needed after all listed names in that city have been exhausted, the city council may appoint other individuals who meet the qualifications to serve as an election judge and may adopt a resolution authoriz-ing appointment of additional election judges within the final 25 days before Election Day if the city elec-tion official determines additional election judges will be needed.

• Mail elections; questions. Section 4 amends Minn. Stat. § 204B.46 to require that not more than 30 nor less than 14 days prior to the election, the city election offi-cial is required to mail ballots by non-forwardable mail to all registered voters in the city and to make a sub-sequent mailing to voters who register after the initial mailing but before the 20th day before the election.

• Date of election. Section 5 amends Minn. Stat. § 205.075, subd. 1 to provide that the general election in a township may be moved for bad weather as provided in Minn. Stat. § 365.51, subd. 1.

• Return to March township election date. Section 6 adds a subdivision (2a) to authorize townships that adopted the alternative November election date and have conducted at least two elections on that date, may unanimously adopt a resolution that becomes effective at the next township general election designating the sec-ond Tuesday in March as the date of the general election, including a plan to shorten or lengthen the terms of office of township supervisors to provide for an orderly transition to the March election schedule.

• Officers; November election. Section 7 amends Minn. Stat. § 367.03, subd. 4 to add subd. 4a that pro-vides that a resolution required to adopt the alterna-tive November date for a township general election may include a plan to provide for six-year terms for township supervisors. Townships that have adopted the alterna-tive November date using four-year terms are authorized to adopt a resolution establishing six-year terms along with a plan to provide for orderly transition, including a resolution proposed either by the town board or electors and adopted at the annual town meeting, to be effective upon an affirmative vote of electors at the next town general election.

Effective Aug. 1, 2010. (AH)

State primary date changedChapter 184 (HF 2552/SF 2251*) increases the period of absentee voting from 30 to 46 days prior to most elec-

tions, and moves the date of the state primary from the first Tuesday after the second Monday in September to the second Tuesday in August and modifies conforming and related state and local election deadlines to allow for election administrative requirements to take place on the schedule currently required under state election law. Sec-tions 1-4 also modify state campaign finance allocations, public subsidy agreements, and campaign contribution reporting requirements. The law also includes the follow-ing provisions:• Absentee ballot application forms. Section 5

requires absentee ballot application forms be mailed at least 60 days prior to any primary or general election for federal, state, county, city, or school board offices to eli-gible voters who have requested them and 45 days prior to all other primaries or elections where a primary is not held.

• Locations for absentee voting. Section 6 requires that absentee voting be conducted for a period of 46 days prior to a regular federal, state, county, city, or school board office election as well as for any special election for federal office. The current 30-day absentee voting period is required for any other election.

• Conforming to federal Military and Overseas Voters Empowerment (MOVE) Act. Section 7 authorizes local absentee ballot boards to begin accept-ing and rejecting absentee ballots beginning 45 days prior to an election.

• Application for absentee ballots under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). Section 8 provides that a federal post card application for absentee ballots is valid only until the end of the calendar year in which it was submitted.

• Transmission of UOCAVA ballots. Section 9 autho-rizes electronic transmission of absentee ballots to mili-tary and overseas voters.

• Transmission of ballots; postage. Section 10 indi-cates that the county auditor is not required to provide return postage when a UOCAVA ballot is electronically transmitted to a voter.

• Absentee ballot board acceptance and rejection of UOCAVA ballots. Section 11 requires the absentee ballot board to begin accepting and rejecting UOCAVA absentee ballots beginning 45 days prior to an election.

• Affidavit of candidacy. Section 12 changes the can-didate filing period for offices filled at a state general election earlier, moving the filing period to late May, and modifies the filing deadline for candidates for presiden-tial elector.

• Combined polling places. Section 13 requires a com-bined polling place to be formed by May 1 in any year (rather than by June 1 under previous law) and that a city or township that wants to withdraw to do so by April 1 (rather than by May 1).

Page 20 League of Minnesota Cities

• Boundary changes. Section 14 requires election pre-cinct boundaries to be adopted no later than May 1 of a general election year (rather than by June 1).

• Election judge appointment lists. Section 15 requires major political parties to submit lists of eligible voters to serve as election judges by May 1 and for the county auditors to distribute the lists to local election administrators by May 15 (rather than June 1 and June 15, as provided under the previous law).

• Notice of filing. Section 16 changes the date by which the secretary of state must provide to county auditors the official notice of offices to be filled at the next state general election to correspond to the date of the state primary.

• Delivery of absentee ballots. Section 17 requires that absentee ballots be delivered to local election officials at least 46 days prior to federal, state, county, city, or school board elections.

• Delivery of ballots; vote-by-mail. Section 18 requires local election jurisdictions using vote-by-mail to mail ballots to voters between 46-14 days prior to a fed-eral, state, county, city, or school board election.

• Summary statements; secretary of state. Section 19 changes the date by which the secretary of state must prescribe the form of summary statements so that the date floats with the date of the state primary.

• State primary date. Section 20 moves the date of the state primary from the first Tuesday after the second Monday in September to the second Tuesday in August.

• Example ballots. Section 21 requires the secretary of state to provide an example ballot to each county audi-tor by May 1, rather than June 1, of each year.

• Regular state primary. Section 22 changes the provi-sion regarding the filling of a vacant U.S. Senate position to reflect the change in the date of the state primary.

• Special elections; U.S. vacancy. Section 23 modifies the timeline for determining when a special election is to be held to fill a vacancy in the U.S. Senate.

• Notice of special election; U.S. Senate. Section 24 modifies the requirements for the notice for filling a vacancy in the U.S. Senate when a special election is to be held.

• Candidate filing; U.S. Senate. Section 25 modifies the filing period for candidates seeking to fill a vacancy in the position of U.S. Senator at a special election.

Effective Mach 5, 2010. (AH)

Absentee ballot boards required to process absentee ballotsChapter 194 (HF 3111*/SF 2622) amends Minn. Stat. §§ 201.061, subd. 4; 203b.04, subd. 1; 203B.05, subd. 1; 203B.07, subds. 2 and 3; 203B.08, subds. 2 and 3; 203B.125;

203B.23, subds.1 and 2; 203B.24, subd. 1; 203B.26; 204B.45, subd. 2; 204B.46, subd. 5; 205.185, subd. 3; 205A.03, subd. 4; 205A.10, subd. 3; 206.89, subd. 2; and 208.05; proposing a new law in Minn. Stat. Chapter 203, modifying requirements for accepting and rejecting absen-tee ballots and providing for use of identification number matching to verify that the absentee ballot has been returned by the same voter who originally applied for and cast the ballot. The law includes the following provisions:• Election judge registration procedures. Section 1

requires election judges to verify that a voter has not cast an absentee ballot prior to registering to vote and casting a ballot at the polling place on Election Day.

• Procedures for applying for absentee ballot. Sec-tion 2 requires the absentee ballot application to contain space for the voter to provide an ID number (driver’s license, state ID card number, or last four digits of the voter’s Social Security number) or to indicate that the voter does not have one of those. Information submitted by the voter is classified as private data and not available for public inspection. Provisions require that the identi-fication number provided by the voter is to be matched with the number provided on the absentee ballot return envelope prior to counting the ballot.

• Absentee ballot administration. Section 3 authorizes the city clerk to administer the absentee ballot system if the clerk has received approved training in the use of the statewide voter registration system (SVRS).

• Using SVRS. Section 4 requires city election officials immediately to enter information provided by a voter who applies for an absentee ballot into SVRS and record returned absentee ballots as well as the notice of accep-tance or rejection of absentee ballots in SVRS.

• Design of envelopes. Section 5 deletes provisions requiring a different return envelope format for absentee voters who have not previously registered to vote.

• Eligibility certificate. Section 6 modifies the previous format and contents of the eligibility certificate printed on the absentee ballot return envelope to require that a voter list an identification number or indicate that the voter does not have one and requiring that the envelope be designed to ensure that the voter provides the same type of ID number the voter previously provided on the absentee ballot application to match with the number on the return envelope before the ballot is counted.

• Return envelope address. Section 7 requires that the return envelope be addressed to the county auditor or the city clerk responsible for accepting and rejecting absentee ballots.

• Procedures upon receipt of absentee ballot returns. Section 8 requires election officials who receive absentee ballot returns to provide them to the ballot board within five days of receipt or within three days

2010 Law Summaries Page 21

of receipt if the election will be held within 14 days. Changes also delete previous requirements that the absentee ballot returns be delivered to each polling place.

• Ballot board. Section 9 requires that absentee ballot boards be appointed and paid to process absentee bal-lots and provides that members must be trained elec-tion judges as well as staff trained as election judges to serve on the ballot board. Other provisions in this sec-tion make absentee ballot board members responsible for duties required previously of election judges in the pre-cinct. The duties of the board are to verify that the ID numbers provided on the absentee ballot application and the return envelope match. If not, the board is required to compare signatures on the application and the return envelope to determine whether they match. Provisions also require that accepted absentee ballots must be noted in the polling place rosters or in a supplemental report to be provided to the precinct polling place. For state elec-tions, the notation must also be recorded in SRVS.

Replacements for ballots rejected at least five days before the election must be mailed to voters. If the returned absentee ballot is rejected within five days of an election, the effort must be made to notify the voter by phone or e-mail. Within six to 10 weeks after the elec-tion, any voters whose ballots were rejected must be sent a written notice of the rejection of their ballot indicating the date it was rejected, the reason for the rejection, and contact information if the voter has questions. A rejected absentee ballot may only be opened or further reviewed during an official election contest.

Absentee ballot boards are required to begin open-ing and counting absentee ballots after the close of busi-ness on the fourth day prior to the election. The board must open the envelope and place the ballot into a ballot box. If necessary, the board may duplicate the ballot. Pro-visions also require that polling place rosters be marked to indicate voters whose absentee ballots have been accepted. At the end of each day, the number of ballots in the ballot box must be reconciled with the number of voters casting early ballots and the number of vot-ers whose absentee ballots were accepted that day. Voters whose absentee ballots are accepted may not appear at the polling place on Election Day to cast a ballot.

After the polls close, the ballot board is required to tabulate the absentee ballots in public. In a state election, vote totals must be added to totals from each precinct, where appropriate. For other elections, totals may be distributed by precinct or counted as one separate total. Accepted absentee ballots that arrive after precinct voter rosters are marked must not be counted until the bal-lot board verifies that the voter did not cast a ballot at the polling place on Election Day, to be done within 24 hours of the close of voting on Election Day.

• Rule conformity. Section 10 conforms and corrects a cross-reference related to the secretary of state rule-mak-ing authority.

• Establishment; UOCAVA. Section 11 deletes a provi-sion requiring staff serving on a UOCAVA ballot board from being certified as election judges.

• Duties; UOCAVA. Section 12 requires the UOCAVA ballot board appointed by the county auditor to deliver accepted absentee ballots to the appropriate city ballot board.

• Check of eligibility; UOCAVA. Section 13 prevents acceptance of UOCAVA ballots if the voter is known to have died by modifying previous criteria for accepting such ballots.

• Separate record; UOCAVA. Section 14 strikes a refer-ence to procedures in previous law that required election judges in the polling place to receive return absentee ballot envelope materials from UOCAVA ballot boards.

• Post-election report to Legislature. Section 15 requires the secretary of state to make a biannual report to the Legislature on statistics regarding absentee voting.

• Mail balloting; procedure. Section 16 authorizes cit-ies with fewer than 400 registered voters to provide vot-ing by mail, requiring use of an absentee ballot board to review ballots received by mail, and requiring use of the party balance requirement to the board membership, unless otherwise exempt.

• Mail balloting; questions. Section 17 includes changes in this statute related to the absentee ballot sys-tem in the provision authorizing local units of govern-ment to submit questions to voters at a special election conducted by mail.

• Canvassing board; timing. Sections 18-24 provide modified timelines for canvassing board meetings to conform to other new timing requirements provided in this chapter.

• Selection for review. Section 25 requires absentee bal-lots to be counted by a ballot board to be considered an eligible precinct for purposes of selecting precincts for post-election review.

• State canvassing board. Section 26 provides a cross-reference to address the modified canvassing board time-line provided elsewhere in this chapter.

• Repealers. Section 27 repeals the following sections: Minn. Stat. §§ 203B.10; 203B.12; 203B.13; and 203B.25.

• Effective dates. Sections 1-8 and 10-27 are effective June 25, 2010. The remaining sections are effective Aug. 1, 2010. (AH)

Page 22 League of Minnesota Cities

Changes to election proceduresChapter 201 (HF 3108*/SF 2388) makes changes to election administration provisions requiring notices to voters for violations of election law for voting in a precinct in which the voter does not maintain residence; city notification of the county auditor regarding changes the city has made to house numbers and street addresses to reflect those changes for voters; verification of voter registration by mail; changes to voter records regarding reports of deceased voters; district court administrator reports to county auditor of name changes; report of felony convictions by Department of Corrections; use of departments of Corrections and Public Safety data; removal of voter registration data related to posting of voting history and failure to vote; locations for absentee voting in person; write-in absentee ballots; municipal boundary adjustment procedures; minimum number of election judges required for each precinct; election judge oath; preparation and publishing of election laws and instruc-tions; voter instruction posters; certification of the number of ballots provided to each precinct for inclusion on summary statement; names on ballots, identical descriptive names; limitations on use of power of attorney (POA) for voting; opening of polling places; locking of the ballot box; counting and initialing of ballots; record of all materials delivered since the close of the polls; discrepancy between number of ballots delivered to the polls and the number returned by election judges; city clerk duties to make record of all materials delivered and number of ballots delivered and returned; discrepancy that cannot be recon-ciled; county canvass; scope of recount; discretionary ballot question recounts; state senator, state representative vacancy in office; special elections; certain times for special election dates prohibited; representative in congress vacancy; expiration of terms for city council members; postpone-ment of election due to inclement weather; affidavit of candidacy; notice of filing dates; written notice to auditor prior to every city election; county notice to the secretary of state prior to every municipal election held in conjunc-tion with regularly scheduled or special primary; school board member term expiration; postponement of school district elections; procedures for designating different school polling place; voting system certification; nomina-tion of presidential electors; option for filling county board vacancies and special election by resolution.

Sections 4, 6 (subd. 1a), 25, 27, 29, 32, 34, 49, 50, 61, 62, 63, 64, 76, 80, and 81 are effective April 2, 2010. Sections 6 (subd. 3), 7, and 11 are effective June 1, 2010. The remaining sections are effective Aug. 1, 2010. (AH)

EMERGENCY MANAGEMENT

Matching funds for federal disaster assistance providedChapter 377 (HF 3795/SF 3379*) provides $3.691 million from the general fund to the commissioner of the Depart-ment of Public Safety to provide a match for Federal Emergency Management Agency (FEMA) disaster assis-tance to state agencies and political subdivisions under Minn. Stat. § 12.221, in the area designated under Presi-dential Declaration of Major Disaster, FEMA-1900-DR, for the flooding in Minnesota in the spring of 2010, whether included in the original declaration or added later by federal government action. This is a one-time appropri-ation. Effective May 26, 2010. (AF)

EMPLOYMENT

Probationary period for new police officers extendedChapter 186 (HF 2713/SF 2309*) amends the municipal civil service statute, Minn. Stat. ch. 44. It extends the probationary period for peace officers governed by Chapter 44 from six months to 12 months. The probation-ary period for other employees in the municipality remains six months. This affects only the cities of East Grand Forks and New Hope. Effective March 10, 2010, and applies to peace officers hired under Minn. Stat. ch. 44 on or after that date. (AF)

Certified public accountant licensing and rulemaking clarifiedChapter 191 (HF 2706*/SF 2252) makes several clarifying changes to certified public accountant (CPA) licensing. The act does not change authority or responsibilities for municipalities. It includes the following provisions:• “Public accountant” definition modified. Section

1 amends Minn. Stat. § 6.66. It modifies the definition of “public accountant” by removing a reference to the Board of Accountancy for purposes of a section of law that regulates agency audits.

• Certain practices of public accountants authorized. Section 2 amends Minn. Stat. § 6.66 by specifying that CPAs may audit political subdivisions that are not other-wise subject to audit by the state auditor.

• Rural water district audits specified. Section 3 amends Minn. Stat. § 110A.32, subd. 2 by specifying that rural water user districts must be audited by experienced CPAs.

• Nursing home license renewal audit requirement modified. Section 4 amends Minn. Stat. § 144A.05 by referencing the chapter of law that regulates CPAs for purposes of nursing home audit requirements.

2010 Law Summaries Page 23

• Gambling activity audits specified. Section 5 amends Minn. Stat. § 297E.06, subd. 4 by specifying the chapter of law that regulates independent accountants for purposes of audits of certain gambling activities.

• “Board of Accountancy” reference removed. Section 6 amends Minn. Stat. § 367.36, subd. 1 by removing a reference to the Board of Accountancy for purposes of a section of law that regulates audits of town offices.

• County board use of CPAs specified. Section 7 amends Minn. Stat. § 385.06, subd. 2 by specifying that county boards may use CPAs to conduct internal audits. It specifies that audits must be in accordance with a chapter of law that regulates accountants.

• Statutory city use of CPAs specified. Section 8 amends Minn. Stat. § 412.222. It modifies the defini-tion of “public accountant” by removing a reference to the Board of Accountancy for purposes of a section of law that regulates audits of statutory cities.

• Use of CPAs for combined clerk and treasurer specified. Section 9 amends Minn. Stat. § 412.591, subd. 3 by specifying that city councils may use CPAs for annual audits of city financial affairs when the offices of clerk and treasurer are combined.

• Municipal audit reference modified. Section 10 amends Minn. Stat. § 471.49, subd. 10 by removing a reference to the Board of Accountancy for purposes of a section of law that regulates municipal audits.

• “Public accountant” removed from municipal liquor store provision. Section 11 amends Minn. Stat. § 471.6985, subd. 2. It removes a reference to “public accountants” from a list of those authorized to attest audited financial statements of a city operating a municipal liquor store with total annual sales in excess of $350,000.

• “Licensed, independent CPA” definition in Common Interest Ownership Act modified. Section 12 amends Minn. Stat. § 515B.3-121. It modi-fies the definition of “licensed, independent CPA” by removing a reference to the Board of Accountancy for purposes of the Minnesota Common Interest Ownership Act.

• Rules repealed. Section 14 repeals Minn. Rules, part 8122.0150, subpart 7 (Lawful Gambling; Annual Audits: Definitions: Licensed Public Accountant; LPA) and part 8122.0600 (Lawful Gambling; Annual Audits: Review).

Effective Aug. 1, 2010. (AF)

City employees prohibited from serving as mayor or on the city councilChapter 206 (HF 3350*/SF 2953) prohibits city employ-ees from serving as mayor or on the city council. Section 1 creates Minn. Stat. § 410.191, which prohibits a mayor or city council member in a home rule charter city from

being employed by the city. Section 2 adds a subdivision to Minn. Stat. § 412.02 that prohibits a mayor or city coun-cil member in a statutory city from being employed by the city. “Employed” is defined as full-time permanent employ-ment as defined by the city’s employment policy. Effective Aug. 1, 2010, and applies to persons elected or appointed to serve as mayor or city council member on or after that date. (AF)

Municipalities authorized to permit certain solicitations by firefightersChapter 227 (HF 3017*/SF 2413) creates Minn. Stat. § 465.90. It provides that a municipality may by resolution permit full-time permanent firefighters employed by the municipality while on duty, or volunteer firefighters serv-ing the municipality while not on duty, to solicit charitable contributions from motorists if the following conditions are met:1. The solicitation is for only one charitable organization

annually, and that charitable organization is qualified under section 501(c)(3) of the Internal Revenue Code and is registered as a charity under state law.

2. The solicitation does not occur for more than three days, whether or not consecutively, in any calendar year.

3. The charitable organization provides to the munici-pality proof of commercial general liability insurance against claims for bodily injury and property damage if the injury or damage occurs on public streets, roads, or rights-of-way, or as a result of the solicitor’s activities. The insurance must have a limit of no less than $1.5 mil- lion per occurrence and an endorsement to the policy naming the municipality as an additional insured.

Effective Aug. 1, 2010. (AF)

Definition of full-time firefighter clarifiedChapter 229 (HF 2701/SF 2267*) amends Minn. Stat. § 299N.03, subd. 5. It clarifies the definition of “full-time firefighter” for the purposes of firefighter certification. Under existing law, a full-time firefighter means a person who is employed and charged with the prevention or sup-pression of fires on a full-time, salaried basis. The new law states that full-time firefighters must be directly engaged in, or in charge of a designated fire company that is directly engaged in, the hazards of firefighting. Effective April 11, 2010. (AF)

Commercial driver’s license medical examination requirements federal law conformity providedChapter 242 (HF 3420/SF 3091*) amends portions of Minn. Stat. ch. 171 to bring state law into conformity with federal law. • “Current medical waiver” defined. Section 1 adds

a subdivision to Minn. Stat. § 171.01. It defines “cur-rent medical waiver” to include (1) a current medical variance granted by the Federal Motor Carrier Safety

Page 24 League of Minnesota Cities

Administration; (2) a waiver of physical qualifications granted by the commissioner of Public Safety under laws and rules pertaining to school bus drivers; or (3) a waiver of physical qualifications granted by the commissioner of transportation for intrastate transportation or for limb impairment.

• “Interstate commerce” defined. Section 2 adds a subdivision to Minn. Stat. § 171.01. It defines “interstate or foreign commerce” to include trade, traffic, or trans-portation that affects or takes place between a state and a place outside that state.

• “Interstate commerce” defined. Section 3 adds a subdivision to Minn. Stat. § 171.01. It defines “intrastate commerce” as trade, traffic, or transportation that occurs entirely within the state of Minnesota and does not affect interstate commerce.

• “Medical examiner” defined. Section 4 adds a subdi-vision to Minn. Stat. § 171.01. It incorporates federal law and imposes the additional requirement that the person be licensed or certified to perform physical examinations.

• “Valid medical examiner’s certificate” defined. Section 5 adds a subdivision to Minn. Stat. § 171.01. It defines “valid medical examiner’s certificate” to mean a current record of a medical examiner’s examination of a class A, B, or C commercial driver’s license (CDL) holder, or applicant attesting that the examinee is physi-cally qualified to drive a commercial motor vehicle.

• Self-certification required. Section 6 adds a subdivi-sion to Minn. Stat. § 171.04. It prohibits the Department of Public Safety from issuing a class A, B, or C CDL to a person who has not submitted either a self-certification under section 10 (below), a valid medical examiner’s certificate, or a current medical waiver.

• False statements prohibited. Section 7 amends Minn. Stat. § 171.09. It requires the commissioner of Public Safety to restrict operating privileges of a holder of a class A, B, or C CDL who violates federal law by mak-ing certain false statements or fails the air brake portion of the license test, and it permits the commissioner to restrict operating privileges consistent with state statutes on intrastate transportation and medical waivers.

• Technical correction included. Section 8 makes a technical correction.

• Records retention required. Section 9 amends Minn. Stat. § 171.12, subd. 3 by requiring the Department of Public Safety to retain medical certificates and medical waivers submitted under the commercial driver’s license section for a period of three years.

• Commercial driver’s license records requirements modified. Section 10 amends Minn. Stat. § 171.162 by adding new provisions pertaining to commercial driver’s license records. The section requires applicant self-cer-tification beginning Aug. 1, 2013, and a medical exam-iner’s certificate as specified in federal law. The section

authorizes department rulemaking to administer the requirements of the legislation.

Effective Aug. 1, 2011. (AF)

Fire department access to employee criminal history modifiedChapter 259 (HF 3130/SF 2363*) amends Minn. Stat. § 299F.035 by authorizing fire departments to run criminal background checks on current employees (currently the authority only pertains to applicants). It directs fire depart-ments’ hiring and employment authorities to use “uniform access procedures” that apply to all applicants and employ-ees and prevents fire departments from requesting private data from current employees unless “at least one year has elapsed since access to the data was previously requested.” Effective Aug. 1, 2010. (AF)

State medical review team duties modifiedChapter 261 (HF 3405*/SF 3199) amends Minn. Stat. § 256.01, subd. 29 by requiring the commissioner of the Department of Human Services (DHS) to provide infor-mation to the Legislature on the length of time taken for written decisions to be made on appeals of State Medi-cal Review Team (SMRT) disability determinations. It requires that appeals of disability determinations made by the SMRT be decided according to statutory timelines for other appeals within DHS programs. Also, it requires that appeals that do not receive a written decision within these timelines be immediately reviewed by the chief appeals referee. Effective Aug. 1, 2010. (AF)

Uniform Arbitration Act adoptedChapter 264 enacts the Uniform Arbitration Act, which provides procedures and standards for arbitration proceed-ings in certain disputes. This is a modified version of the Uniform Arbitration Act that would replace the existing uniform provisions related to arbitration under current Minnesota law.• Definitions provided. Section 1 creates Minn. Stat.

§ 572B.01. It provides definitions for a number of the terms used in the act, including “arbitration organiza-tion,” “arbitrator,” “authenticate,” “court,” “knowledge,” “person,” and “record.”

• Notice requirements specified. Section 2 creates Minn. Stat. § 572B.02. It specifies standards for suffi-cient notice. Notice is considered sufficient if a person takes action that is reasonably necessary to inform the other person in the ordinary course of business, even if the other person never acquires knowledge of the notice. A notice may be brought to a person’s attention, or delivered at the person’s place of residence, business, or another location held out by the person as a proper place of delivery of notice.

2010 Law Summaries Page 25

• Applicability specified. Section 3 creates Minn. Stat. § 572B.03. It specifies that the act applies to arbitrations when the agreement to arbitrate is entered into after Aug. 1, 2011. The act can be applied to arbitrations prior to Aug. 1, 2011, with the agreement of all parties.

• Non-waivable provisions specified. Section 4 creates Minn. Stat. § 572B.04. It specifies certain rights related to arbitration that may not be waived by the parties.

• Application to court provided. Section 5 creates Minn. Stat. § 572B.05. It provides standards for seeking judicial relief in an action related to an arbitration pro-ceeding.

• Validity of agreement provided. Section 6 creates Minn. Stat. § 572B.06. It provides that agreement to arbitrate is valid and irrevocable, unless the contract agreement is otherwise subject to revocation or invalida-tion under standard contract law. Disputes about whether an agreement exists, or whether a particular controversy is subject to an arbitration clause, must be determined by a court. If a dispute arises, an arbitration proceeding may continue pending a final decision or absent other court order.

• Motion to compel or stay arbitration provided. Section 7 creates Minn. Stat. § 572B.07. It provides stan-dards for court intervention if the parties disagree as to whether arbitration is required, or if one party to an arbitration agreement refuses to participate.

• Provisional remedies authorized. Section 8 creates Minn. Stat. § 572B.08. It permits a court to enter an order for provisional remedies to protect the effective-ness of an arbitration proceeding if an arbitrator has not yet been appointed. After appointment of an arbitrator, that person is permitted to enter an order for provisional remedies. Once an arbitrator has been appointed, a party may only request an order for provisional remedies from a court if a matter is urgent and the arbitrator is not able to provide an adequate remedy or cannot act in a timely manner.

• Initiation of arbitration procedure provided. Section 9 creates Minn. Stat. § 572B.09. It provides pro-cedural standards for initiating an arbitration proceeding.

• Consolidation of separate proceedings established. Section 10 creates Minn. Stat. § 572B.10. It establishes the conditions under which a court is permitted to con-solidate separate arbitration proceedings into one action. Proceedings may not be consolidated if the arbitration agreement prohibits it.

• Any method of appointment of arbitrator authorized. Section 11 creates Minn. Stat. § 572B.10. It provides than an arbitrator is to be chosen using what-ever method the parties to the dispute agree to employ. If that method fails, the court may make the appoint-

ment. A person who has a known, direct, and material interest in the outcome of the proceeding may not be appointed.

• Disclosures by arbitrator requirements established. Section 12 creates Minn. Stat. § 572B.12. It establishes standards for disclosure required of an arbitrator. Before accepting an appointment, an arbitrator must disclose any known facts a reasonable person would consider likely to affect the arbitrator’s impartiality. Examples are provided. The arbitrator has a duty to update the parties if any circumstances change that would affect the arbitra-tor’s impartiality. An arbitration award may be vacated if the arbitrator fails to make proper disclosures and a party objects to the continued appointment of that person.

• Majority determines panel decisions. Section 13 creates Minn. Stat. § 572B.13. It provides that in an action involving an arbitration panel, decisions are to be made by majority rule.

• Immunity of arbitrator provided and attorney fee award specified. Section 14 creates Minn. Stat. § 572B.14. It provides civil immunity to an arbitrator for his or her actions in the proceeding and exempts an arbitrator from testifying in another proceeding related to the action, with certain exceptions. The section also specifies that a court is required to award attorney fees and other reasonable expenses of litigation to an arbi-trator who successfully defends an action on immunity grounds, or on the testimonial privilege under this sec-tion.

• Arbitration process established. Section 15 creates Minn. Stat. § 572B.15. It establishes certain procedural requirements and rights and powers of the arbitrator and the parties in an arbitration proceeding.

• Right to representation by lawyer provided. Sec-tion 16 creates Minn. Stat. § 572B.16. It provides the right of a party to an arbitration proceeding to be repre-sented by an attorney.

• Witnesses, subpoenas, depositions, and discovery standards provided. Section 17 creates Minn. Stat. § 572B.17. It establishes certain standards related to the collection of testimony, including processes related to issuing subpoenas, conducting depositions, and engaging in discovery.

• Court enforcement of pre-award ruling standards provided. Section 18 creates Minn. Stat. 572B.18. It provides standards for incorporating a pre-award ruling by an arbitrator into the final award on the dispute.

• Record of award required. Section 19 creates Minn. Stat. § 572B.19. It requires an arbitrator to make a formal record of an award. The section also provides standards for notice and timing.

Page 26 League of Minnesota Cities

• Change of award by arbitrator method provided. Section 20 creates Minn. Stat. § 572B.20. It provides standards for modifying or correcting an existing arbitra-tion award.

• Remedies, fees, and expenses authorized. Section 21 creates Minn. Stat. § 572B.21. It permits the arbitrator to award punitive damage or other exemplary relief, and attorney fees and other reasonable expenses if such an award would be permitted in a civil action on the same issue. An arbitrator may also award other remedies as may be just as appropriate under the circumstances. Costs of the arbitrator must be paid as specified in the award.

• Confirmation of award provided. Section 22 creates Minn. Stat. § 572B.22. It provides for court confirmation of an arbitration award upon motion by a party.

• Vacation of award circumstances provided. Section 23 creates Minn. Stat. § 572B.23. It provides standards and grounds for court to vacate an arbitration award.

• Modification or correction of award circumstances provided. Section 24 creates Minn. Stat. § 572B.24. It provides standards and grounds for a court to modify or correct an arbitration award.

• Judgment on award, attorney’s fees, and litigation expenses standards provided. Section 25 creates Minn. Stat. § 572B.25. It provides standards for formally entering a judgment on an arbitration award, attorney fees, and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made.

• Jurisdiction provided. Section 26 creates Minn. Stat. § 572B.26. It provides that a court with jurisdiction over the dispute and the parties to the dispute may enforce an agreement to arbitrate.

• Filing venue provided. Section 27 creates Minn. Stat. § 572.27. It provides standards for where an arbitration action must be filed.

• Appeals authorized. Section 28 creates Minn. Stat. § 572.28. It provides grounds for appeal.

• Uniformity of law and conflicts of law specified. Section 29 creates Minn. Stat. 572B.29. It specifies which law governs in certain cases where a conflict of laws would arise.

• Savings clause provided. Section 30 creates Minn. Stat. 572B.30. It provides the applicability of the new provisions contained in the bill. The provisions would only affect disputes commenced on or after the effective date.

• Electronic signatures standards provided. Section 31 creates Minn. Stat. § 572B.31. It clarifies certain stan-dards related to electronic signatures. The legal effect, validity, and enforceability of electronic records or elec-tronic signatures, and of contracts performed with the use of electronic records or signatures conform to the

requirements of section 102 of the Electronic Signatures in Global and National Commerce Act.

Effective Aug. 1, 2011. (AF)

Boiler operator provisions modifiedChapter 287 (HF 2855*/SF 2726) modifies and consoli-dates boiler operator provisions. It creates Minn. Stat. § 326B.95. • Definitions provided. Section 2 provides the follow-

ing definitions:o“Authorized inspector” means a national board-com-

missioned inspector who has been examined and found qualified to inspect the construction and repair of boilers and pressure vessels, and holds a current certificate of competency.

o“Certificate of competency” means a certificate issued by the Department of Labor and Industry (DOLI) to allow national board-commissioned inspectors to perform boiler and pressure vessel inspections within the state.

o“Certificate of inspection” means a sticker attached to the boiler or pressure vessel which documents the month and year of the inspection and the employer of the inspector performing the inspection.

o“Certificate of registration” means a document that has been made available on the DOLI website that lists all registered boilers and pressure vessels at a location, including the last inspection date, the certificate expi-ration date, and the maximum allowable working pres-sure for each boiler or pressure vessel.

o“High-pressure boiler” means a boiler operating at a steam or other vapor pressure in excess of 15 psig, or a water or other liquid boiler in which the pressure exceeds 160 psig or the temperature exceeds 250 degrees Fahrenheit.

o“Inspection due date” means the last possible date that the inspection can be completed within the time lim-its in this chapter.

o“Insurance company boiler inspector” means a national board-commissioned inspector who holds a current certificate of competency.

o“Low-pressure boiler” means a boiler operating at a steam or other vapor pressure of 15 psig or less, or a water or other liquid boiler in which the pressure does not exceed 160 psig and the temperature does not exceed 250 degrees Fahrenheit.

o“National board” means the National Board of Boiler and Pressure Vessel Inspectors, which is an organization comprised of chief inspectors for the states, cities, and territories of the United States and provinces and ter-ritories of Canada.

o“National board-commissioned inspector” means an individual who has been examined and found quali-fied to inspect in-service boilers and pressure vessels by the national board, and who holds a current com-mission issued by the national board.

2010 Law Summaries Page 27

o“National Board Inspection Code” or “NBIC” means a three-part technical document that is written and published by the national board detailing the installa-tion, inspection, and repair of boilers and pressure vessels.

o“Operation” means the on-site act of manipulating, monitoring, and testing of boilers and their appurte-nances by a properly licensed engineer or an appren-tice under the direct supervision of the properly licensed engineer.

o“Psig” means pounds per square inch gauge.o“Remote monitoring” means the act of viewing or

overseeing the boiler or boiler plant operating param-eters and conditions from a remote location.

o“Repair” means the work necessary to restore a boiler or pressure vessel to a safe and satisfactory operating condition, as defined in National Board Inspection Code, part 3, section 9.

o“State boiler inspector” means a national board com-missioned boiler inspector who holds a current certifi-cate of competency and a current chief grade A boiler operator’s license.

• Certain employees required to have license. Section 3 amends Minn. Stat. § 326B.954 by provid-ing that each boiler inspector employed by the DOLI must be licensed in this state as a chief grade A engineer, and must hold a national board commission as a boiler inspector within 12 months of being employed as a boiler inspector by the department.

• Boiler inspections required and regulated. Section 5 amends Minn. Stat. § 326B.958 by provid-ing that anyone who installs a boiler must ensure that the boiler is inspected by DOLI after installation is complete and before the boiler is placed in operation. Inspection fees pursuant to Minn. Stat. § 326B.986, associated with this initial inspection are the responsi-bility of the installer. The owner of a boiler must ensure that the boiler is inspected at least annually after the initial inspection, except as provided in Minn. Stat. §§ 326B.956 and 326B.96. The owner of a pressure ves-sel not specifically exempted by Minn. Stat. § 326B.988 must ensure that the pressure vessel is inspected at least every two years. After inspecting the boiler or pressure vessel, the boiler inspector must document the condition of the boiler or pressure vessel. Every owner, lessee, or other person having charge of a boiler or pressure ves-sel subject to inspection under Minn. Stat. §§ 326B.952 and 326B.93 to 326B.998, except hobby historical boil-ers, must register the boiler or pressure vessel with the department at the time of the initial inspection.

• Additional provisions. The chapter also contains vari-ous technical provisions, penalties, fee schedules, and notice requirements.

Effective Aug. 1, 2010. (AF)

Labor agreements ratifiedChapter 323 (HF 2758/SF 2386*) adds a subdivision to Minn. Stat. § 43A.18. It ratifies labor contracts and com-pensation plans governing state executive branch employ-ees. The Subcommittee on Employee Relations gave interim approval to the contracts and plans during the 2009 interim. For a summary of the contracts and plans, see information prepared by staff of the Subcommittee on Employee Relations: www.commissions.leg.state.mn.us/lcer/settlements1011.pdf. Effective May 14, 2010. (AF)

Services performed by governmental units; commonality of powersChapter 347 (HF 2781/SF 2510*) is the omnibus eco-nomic development policy bill. Article 1, section 26 specifies that a governmental unit must negotiate with the union on the effects of a job elimination or replacement of a public employee covered by a union contract when it enters into an agreement with another governmental unit to perform a service or function. Where there is already a provision in the union contract that details the effects of that decision on the public employee, no additional nego-tiation is necessary. Effective May 15, 2010. (GC)

Unemployment insurance provisions in omnibus economic development bill Chapter 347 (HF 2781/SF 2510*) is the omnibus eco-nomic development policy bill. The bill contains mostly policy, with a few minor fiscal changes. This bill covered a variety of policy topics and issues related to several state agencies, which are covered in other sections, including the Building Codes and Enforcement, and Economic Devel-opment sections. • Unemployment Insurance. Article 2 contains a vari-

ety of both minor “housekeeping” changes as well as more substantive changes to the law governing eligibility for unemployment insurance and the process by which it is paid out.

• Election by cities to become taxpaying employer. Section 9 amends the process by which cities (and the state) may elect to become taxpaying employers vs. reim-bursement employers. Currently, cities must make this election within 30 calendar days following Jan. 1 of the year in which the city wishes to make the change. This provision is removed and, instead, a city may make the election at any time and it will be effective at the begin-ning of the next calendar quarter. Effective Nov. 30, 2010.

• Telephone numbers for assistance. Section 18 states that every decision issued on eligibility for unemploy-ment benefits must include a “prominently displayed” telephone number that an applicant or employer can call with questions about the determination. Effective Oct. 3, 2010, and expires Sept. 30, 2012.

Page 28 League of Minnesota Cities

• Employer penalties. Section 21 adds an item to the list of actions which, if taken by an employer, could result in a penalty; specifically, the new item states that employers may not make an offer of employment to an applicant when, in fact, the employer had no employment avail-able. The penalty is $500 or 50 percent of the amount of unemployment benefits determined to be overpaid or reduced, whichever is greater.

• Special state extended unemployment insurance benefits. Section 22 specifies eligibility criteria for “special state extended unemployment insurance ben-efits.” This section allows applicants who do not qualify for the 13 additional weeks of unemployment insurance (authorized under certain economic conditions) solely because they have not earned enough wage credits to receive the benefits anyway if they meet all other criteria. These benefits are not used to compute the tax rate of a taxpaying employer nor charged against a reimbursing employer. Effective June 30, 2010, and expires March 26, 2011.

• Special state emergency unemployment compensation. Section 24 allows an applicant who has filed for special state emergency unemployment com-pensation for a week beginning prior to June 30, 2010, but not exhausted the maximum amount available, to continue to receive the compensation up to the maximum. This section expires March 26, 2011.

• New benefit accounts. Section 25 provides that new benefit accounts (amount of unemployment benefits available to an individual) established within 39 weeks of the expiration of the benefit year on a prior benefit account will not be less than 80 percent of the weekly amount on the prior benefit account. The effective date of this section is May 16 (the first Sunday following enactment) and it expires on the earlier of June 30, 2011, or the effective date of certain federal legislation if enacted.

Effective May 15, 2010, unless otherwise noted. (JO)

ENERGY

Local energy improvement financing Chapter 216 (HF 2695*/SF 2568) is the 2010 state stimulus/ jobs creation bill. The legislation contains a new set of financial tools for cities and other local governments to use for developing energy efficiency and renewable energy projects.

Sections 3, 4, 21, 22, 24, and 25 of the law allow cities, counties, and townships the option to choose to create programs where a private property owner can petition to have certain energy-related improvements made to their property and to have repayment collected as a special

assessment attached to that property. The local govern-ment would then be able to sell industrial revenue bonds backed by the special assessment collection mechanism to provide the initial capital for the projects. Minnesota is the 17th state to enact a form of property assessed clean energy (PACE) financing. Additionally, EDAs, HRAs and similar entities were given the authority to implement this with a city’s approval within Chapter 389, article 7, sections 11-19 (HF 3729)—the omnibus tax bill.

Involvement in the program is completely voluntary, and application requires a petition signed by all owners of a property. Projects would be required to have a completed energy audit prior to approval for financing to demon-strate the feasibility and cost-effectiveness of the proposed improvements. The principal amount of the financing could not exceed 10 percent of the assessed value of the property. Effective date is April 2, 2010, for sections 3, 4, 21, 22, and 24. Bonding authority in section 25 is effective after July 1, 2010. (CJ)

Community-based energy development eligibility expandedChapter 358 (HF 3638/SF 3081*) expands the eligibility requirements of the community-based energy develop-ment (C-BED) program, a state program to encourage and incent small locally owned energy production projects, to allow certain types of limited liability companies and enti-ties that provide key services to C-BED projects whose principal place of business is in Minnesota to qualify for the C-BED program. It also clarifies what should be counted as “qualified revenue” under the program and allows a C-BED project to be part of a larger non-quali-fied project. Effective May 18, 2010. (CJ)

Omnibus environment, energy, and natural resources policy and finance bill; outdoor heritage appropriations billChapter 361 (HF 3702/SF 3275*) includes a number of changes to energy policy and spending. Article 5 contains the energy provisions, including a rebate on installing solar photovoltaic modules in section 3. Section 11 allows Hen-nepin County to use forward pricing mechanisms for pur-chase contracts of natural gas, unleaded fuel, diesel fuel, and other non-electric energy sources without local approval under Minn. Stat. § 645.023, subd. 1(a). Sections 13-16 also expand energy conservation programs in Minneapolis and St. Paul to include commercial and industrial properties and allow those programs to go into effect without local approval under Minn. Stat. § 645.023, subd. 1(a). Effective May 18, 2010. (CJ)

2010 Law Summaries Page 29

ENVIRONMENT

Environment provisions in the 2010 omnibus bonding billChapter 189 (HF 2700*/SF 2360) is the 2010 omnibus bonding bill. The conference committee report was pre-sented to the governor on March 11. On March 14, he made 52 line-item vetoes, reducing the price tag on the bill from $999 million to $680 million, and signed the remainder of the bill into law. The law included the fol-lowing environment provisions:• Flood hazard mitigation. Section 7 includes

$63.5 million in flood hazard mitigation grants to quali-fied communities.

• Groundwater monitoring and observation wells. Section 7 includes $1 million for new publicly owned groundwater level observation wells into the Mt. Simon-Hinckley aquifer.

• Shade tree protection. Section 7 appropriates $3 mil-lion to the Department of Natural Resources (DNR) for grants to cities, counties, towns, and park and recre-ation boards in cities of the first class for the planting of publicly owned shade trees on public land and to replace trees on public land lost to forest pests, disease, or storms, with a priority given to removing and replacing trees affected by emerald ash borer.

• Closed landfill cleanup. Section 8 gives $8.7 million to the Minnesota Pollution Control Agency’s (PCA) closed landfill cleanup account for the state to manage closed landfills that are under the perpetual care of the state. That same account, however, is tapped for $4 mil-lion in this fiscal year and $4 million in the next to buffer against general fund shortages for environmen-tal programs. The general fund is required to repay those amounts to this program, with interest, in 2013 and 2014.

• Perham incinerator. Section 8 allocates $5.075 million to the City of Perham to design, construct, furnish, and equip a material recovery facility at the Perham Resource Recovery Facility. The counties hauling solid waste there must agree to meet specific recycling and organics recovery measures by 2025.

• Wetland road replacement. Section 9 provides $2.5 mil-lion to acquire wetlands required to be replaced due to repair, reconstruction, replacement, or rehabilitation of existing roads.

• Inflow and infiltration in metropolitan area. Section 16, subd. 3 provides the metropolitan council with $3 million in grants to cities to cover the costs of replacing and repairing local water infrastructure to miti-gate inflow and infiltration problems.

• State revolving fund match for federal grants. Section 22, subd. 2 provides $30 million to the Public Facilities Authority to match federal funds for the drink-

ing water and clean water infrastructure revolving loan programs. Another $10.8 million is targeted to the drinking water revolving loan program.

• Wastewater infrastructure grants program. Section 22, subd. 3 provides $27 million to the Wastewater Infrastruc-ture Grants program at the Public Facilities Authority. Up to $2.8 million is available for the City of Williams to take corrective action to repair or replace its wastewater system.

Effective March 15, 2010. (CJ)

Mercury testing at incineratorsChapter 213 (HF 3027*/SF 2604) allows the less frequent stack testing requirements that an existing incinerator can qualify for to extend to a new unit at the same facility as long as the new unit has at least one year’s worth of testing to show it will also emit less than 50 percent of its permit-ted mercury emissions. Effective April 2, 2010. (CJ)

Environment provisions in supplemental budgetChapter 215 (HF 1671*/SF 3223), the first supplemen-tal budget-balancing bill, reduced net state expenditures by $312.3 million for the remainder of the fiscal year 2010-2011 biennium through a mix of budget reduc-tions, revenue increases, and fund transfers. Article 3 covers the various environment and natural resources agencies, including the following provisions:• Minnesota Pollution Control Agency (PCA)

reductions and fund transfers. Section 3 adjusts spending to a number of PCA program areas, includ-ing $100,000 in stormwater compliance grants, $258,000 in reductions to clean water partnership grants, and a $9,000 reduction in community technical assistance. It also transfers $8 million out of the closed landfill cleanup fund, to be repaid with interest by the general fund with $4 million in 2013 and $4 million in 2014. That tem-porary fund transfer is a major component in avoid-ing other environmental fee increases and program cuts, but obviously creates an obligation on the general fund in the future, as the fund is needed to provide ongoing management of closed landfills that are now under per-petual care by the state.

• Board of Water and Soil Resources (BWSR) reductions. Section 5 reduced appropriations to the BWSR. Most of the funds channeled through BWSR go to local governments as cost-share grants. Funding to natural resources block grants to local governments was reduced by $534,000, with another $1.7 million elimi-nated from various clean water and flood relief appropri-ations from previous budget appropriations.

• Metropolitan Council environmental reductions. Section 6 reduced funding for metropolitan parks and trails by $240,000.

Reductions to appropriations for FY 2010 were effective April 2, 2010. (CJ)

Page 30 League of Minnesota Cities

Metro area watershed plan approval process amendedChapter 218 (HF 3067*/SF 2843) makes several changes to the procedures and timelines that apply to watershed districts and water management organizations in the seven-county metropolitan area.• Agency review timelines. Section 1 changes the timing

for written responses to concerns raised by review agen-cies from “within 30 days of receipt” to “at least 10 days before the public hearing.” It also changes the required timing of a public hearing to be “no sooner than 14 days” after the 60-day review period of the draft plan has ended, instead of the current “no sooner than 30 days and no later than 45 days after” requirement.

• BWSR given final review authority. Section 2 changes the approval process to require that the draft watershed plan, any amendments, all written comments received, a record of the public hearing, and a summary of any changes made as a response to the review process must all be submitted to the Metropolitan Council, the state review agencies, and the Board of Water and Soil Resources (BWSR) for final review. BWSR is now the agency that makes a decision on final approval of met-ropolitan area watershed plans. A statute that previously allowed other agencies to also have approval authority was removed in sections 3, 4, and 5.

Effective Aug. 1, 2010. (CJ)

Disposal of prescription drugsChapter 223 (HF 1217*/SF 1568) was initially a far-reach-ing bill to clear statutory barriers to local government pro-grams for the collection of unused pharmaceuticals to get those dangerous materials out of the public waste stream and properly destroyed without impacting mixed municipal solid waste or wastewater treatment facilities. Due to heavy opposition from the pharmaceutical industry, the scope of the bill was significantly reduced.

The legislation as passed clarifies that state law permits law enforcement officials, licensed hazardous waste trans-porters, and various appropriately licensed facilities to possess legend drugs for the purposes of disposing of phar-maceutical waste. It also clarifies that a person in legal possession of prescription drugs may lawfully submit them to appropriate programs and facilities for the purposes of disposal of pharmaceutical waste. Finally, it includes “reverse, or the receipt of prescription or non-prescription drugs either shipped to or received from Minnesota loca-tions, distribution” as a form of wholesale drug distribution if the purpose is for the return of pharmaceuticals to their producers or distributors. Effective April 11, 2010. (CJ)

Lead acid battery surchargesChapter 258 (HF 2402/SF 2152*) changes the current surcharge a retailer is required to collect from a customer

purchasing a lead acid battery without turning in a used one from $5 to “at least $10.” Effective Aug. 1, 2010. (CJ)

Source-separated compost addressed in waste hierarchyChapter 272 (HF 3061*/SF 2991) amends the state waste management hierarchy to clarify that compost should be source-separated to be considered a preferred method of waste management over other forms of land disposal of solid waste. Effective April 27, 2010. (CJ)

Public Facilities Authority (PFA) policy changesChapter 290 (HF 2925/SF 2873*) contains a set of policy and technical changes to the statutes that regulate the PFA. Several make changes to how the agency appropriates funds through its various water infrastructure grant and loan programs.• Federal conformity. Section 2 expands the uses of

funds in the clean water revolving fund to include prin-cipal forgiveness, green infrastructure prioritization, and grants to keep the fund in compliance with changes to federal funding requirements changed in the federal stimulus legislation last year. The principal forgiveness or grant component is limited to 25 percent of the cost of a qualified project or $1 million, whichever is less. Section 12 makes similar conforming changes to the drinking water revolving fund.

• UDSA coordination. Section 3-5 relates to how the PFA coordinates its financing with U. S. Department of Agriculture Rural Development. It also changes the threshold for eligibility based on a project’s cost to 1.4 percent of median household income.

• Drinking water system financing. Section 11 changes the threshold for when a drinking water proj-ect can be financed over 30 years to be 1.2 percent of median household income.

Effective May 1, 2010. (CJ)

Drainage statutes amendedChapter 298 (HF 162/SF 364*) amends a number of provisions of state drainage law, including:• Stakeholder process. Section 1 instructs the Board of

Water and Soil Resources to work with stakeholders to increase understanding and to gather input related to drainage issues.

• Drainage inspectors. Section 2 allows a watershed district to be the entity with a drainage inspector if they are the drainage authority in the area.

• Petition process. Section 3 clarifies the process for petitioning to impound, reroute, or divert drainage sys-tem waters by specifying where the petitions should be filed and what must be included in the petition, as well as how the project will be financed.

2010 Law Summaries Page 31

• Financial limitations and requirements. Sections 4-7 update financial triggers for various types of public notice requirements, payment of drainage lien principal, and limits on the size of repair funds, as well as updating the cost calculations of public hearing notices.

• Removal of drainage systems. Section 8 amends the procedures in Minn. Stat. § 103E.805 related to removal of a property from a drainage system.

• Partial abandonment. Section 9 creates new language for the partial abandonment of a drainage system.

Effective Aug. 1, 2010. (CJ)

Provisions of agriculture policy bill affect citiesChapter 333 (HF 2678/SF 2737*) is the omnibus agricul-ture and veterans affairs policy bill. It contains several pro-visions in article 1 that relate to cities, including:• Tree care and trimming professional registration.

Section 10 requires that any person or company that provides tree trimming or tree care services for hire must register with the Department of Agriculture and pay a $25 annual fee. No tree trimmer or care provider may advertise its services unless they are properly registered. Effective Jan. 1, 2011.

• County extension funding permitted. Section 14 allows city councils and other local government bod-ies to spend money for county extension work. Effective Aug.1, 2010.

• Forest pest stakeholder process. Section 39 requires that the Department of Agriculture form a stakeholder group related to the management of forest pests, particu-larly gypsy moth and emerald ash borer. Local units of government are required to be represented on the group. Effective Aug. 1, 2010. (CJ)

Omnibus environment, energy and natural resources policy and finance bill; outdoor heritage appropriations billChapter 361 (HF 3702/SF 3275*) contains the allocations from the new constitutionally dedicated funds for the envi-ronment and outdoors. Most of those funds were appro-priated last year, but the outdoor heritage section is being spent annually rather than biennially. Some expenditures in the other dedicated accounts were also adjusted this year. The legislation further includes numerous changes to envi-ronmental and energy programs and funding.• Article 1 is the appropriations and language related to

the outdoor heritage fund. There was considerable con-troversy over what restrictions might be placed on the use of these funds through the adoption of definitions. The final result repealed the definitions adopted last year (section 11), but prohibits the Lessard-Sams Outdoor Heritage Council from adopting definitions of “restore,” “protect,” or “enhance” than would be more restric-

tive on the eligibility of proposals that the constitution would otherwise permit (section 4).oProject evaluations. Sections 3, 8, and 9 set up a

process to evaluate the effectiveness of habitat restora-tion projects funded with park and trail, outdoor heri-tage, and clean water fund resources. Up to 10 projects each year would be selected and reviewed by a tech-nical team to see if the benefits intended are actually occurring.

oRestriction on purchase of publicly owned lands. Section 7 prohibits outdoor heritage funds from being used to purchase land in fee title or under permanent conservation easement that is already fully or partially owned by the state or a political subdivi-sion unless the purchase creates direct added benefits of the sort required in the constitution and is sup-ported by an affirmative vote of at least nine members of the council. Effective July 1, 2010, on projects proposed after that date.

• Article 2 allocates clean water fund money. oMetro advisory committee. Section 1 adds the

counties of Chisago, Isanti, Sherburne, and Wright counties to the metropolitan area water supply advi-sory committee and extends the sunset of that group until the end of 2012.

oCoal tar sealant study. Section 2 increases funding by $145,000 for the Minnesota Pollution Control Agency (PCA) to study the effects of coal tar pavement sealants on PAH contamination levels in stormwater ponds. This change was supported by the League.

oNitrate and nitrogen standard development. Section 4 appropriates $600,000 to the PCA to con-tinue work on establishing total nitrogen and nitrate nitrogen water quality standards. It also shifts $5 mil-lion of clean water fund revenue to the Department of Natural Resources (DNR) to establish a groundwa-ter mapping and monitoring system in the 11-county metropolitan area. This project originally proposed raising groundwater appropriation fees by $8 per mil-lion gallons in that region, but the fee increase was not included in the final legislation.

oMetro groundwater monitoring and mapping. Section 5 appropriates $400,000 to the Metropolitan Council for its work to protect and map groundwater and to develop stormwater reuse plans for communi-ties to use.

oConservation easements in wellhead protec-tion areas. Section 6 appropriates clean water funds to the Board of Water and Soil Resources (BWSR). It includes adding $300,000 for permanent conservation easements in designated wellhead protection areas that are prioritized by the Department of Health for their vulnerability.

Page 32 League of Minnesota Cities

• Article 3 covers the general provisions in the legislation. Section 1 requires all of the dedicated fund accounts to reimburse the legislative auditor for costs associated with legislative audits examining the fiscal activities of the fund. Sections 2 and 3 remove signage requirements for projects funded by the parks and trails fund and the arts and cultural heritage fund. Section 4 changes last year’s mandate for the development of a legislative document on how the allocations of the various dedicated funds should be guided to be permissive and to apply only to the House of Representatives.

• Article 4 includes environmental and natural resources policy changes. oDNR cost recovery. Sections 1, 3, and 4 allow the

DNR to bill other governmental units, including tribes, for the costs of providing technical services, fleet management support, or facilities management.

oResidential utility crossing permits. Section 5 allows a single utility license for more than one type of utility connection crossing state lands if the lines are for residential use only and will be installed within one year of each other.

oUtility crossing fees. Section 6 relates to utility crossings fees. It raises the application fees from $1,500 to $1,750 for a water crossing, and lowers the fee for land crossings from $4,500 to $3,000.

oWatercraft requirement to drain water during transport. Section 25 requires that all drain plugs, bailers, or valves that control the draining of water from ballast tanks, bilges and live wells be opened or removed when transporting watercraft of public roads. Marine sanitary systems and portable bait containers are exempt.

oWatershed management. Section 48 includes new legislative finding language on the importance of pro-tecting water and the need to look at aquifer, water-shed, and basin perspectives. This language is related to a bill carried for the last several years by Rep. Morrie Lanning (R-Moorhead) about water management and funding being arranged by water basins. The individual bill did not pass and is covered in the “Bills That Did Not Become Law” section.

oStar Lakes. Section 50 states that any decision of the Star Lakes Board regarding the criteria to designate a lake or river as a “Minnesota Star Lake” or “Minnesota Star River” must be approved by the Board of Water and Soil Resources. Funding for this program has been vetoed by the governor on several occasions.

oGroundwater monitoring. Section 53 allows the DNR to require automated monitoring equipment to be installed and maintained as conditions of an appro-priation permit.

oGroundwater appropriation permits. Section 55 lists information that must be included in groundwa-

ter appropriation permit applications unless waived by the DNR. It clarifies that the department may estab-lish appropriation limits, may designate groundwater management areas with limited annual appropriations, and must not issue new permits if the added demand would reduce water levels beyond the reach of exist-ing wells, would degrade water quality, or would harm ecosystems.

oSeptic systems. Section 62 requires the PCA to appoint an SSTS (subsurface treatment systems) imple-mentation and enforcement task force. The PCA will work with the task force to develop effective and timely implementation and enforcement methods in order to rapidly reduce the number of subsurface sew-age treatment systems that are an imminent threat to public health or safety and effectively enforce all viola-tions of the subsurface sewage treatment system rules. The PCA, in consultation with others, shall develop, periodically update, and provide to counties enforce-ment protocols and a checklist that county inspectors, field staff, and others may use when inspecting sub-surface sewage treatment systems and enforcing SSTS rules. Effective May 18, 2010.

oLandfills. Section 63 contains language that counties and the Solid Waste Administrators Association (SWAA) worked closely with bill authors on to address concerns with the initial proposed language. The final version, which corrects a number of those concerns, provides clarification to the PCA regarding criteria for landfill siting. It directs the PCA to create criteria for locat-ing landfills based on a site’s sensitivity to groundwater contamination. Sensitivity to groundwater contami-nation is based on the predicted minimum time of travel of groundwater contaminants from the solid waste to the compliance boundary. The rules must prohibit landfills in areas where karst geology is likely to develop and must specify objective thresholds for these criteria. The new language offers exemption to the new rules for existing facilities and for expan-sions of existing facilities, for facilities that accept only construction and demolition debris, and for permit by rule disposal facilities. Effective May 18, 2010.

oSolid waste disposal financial assurance. Sections 64 and 72 direct the PCA to look at financial assur-ance as it relates to landfill facilities that are built in the future (existing landfill facilities would not be subject to new rules). The language directs the PCA to consult with a number of experts, including local government representatives, to help gather information in deter-mining appropriate financial mechanisms for local governments to provide financial assurances, the ade-quacy of existing financial assurance rules to address environmental risks, the length of time financial assur-ance is needed, and the reliability of the financial assurance. Effective May 18, 2010.

2010 Law Summaries Page 33

oEnvironmental review streamlining. Sections 65 and 66 are the only parts passed into law from a pack-age of proposed streamlining changes to state environ-mental review and permitting that was supported by the League, the Chamber of Commerce, and others. Section 65 includes new language that requires, to the extent practicable, the responsible governmental unit in environmental review proceeding to avoid duplica-tion and ensure coordination between state and federal review and between environmental review and per-mitting permit requirements. Section 66 instructs the state to develop customized environmental assessment worksheets for commonly reviewed types of projects, and requires the PCA and DNR to allow for elec-tronic submission of worksheets and permits.

oExtension of time for county septic rule adoption. Section 73 contains SSTS ordinance exten-sion language. Prior to this legislative session counties were required to have new ordinances adopted by February 2010. Fewer than 20 counties had done so and the rest risked losing their septic system funding from PCA and the ability to apply for certain grants if they did not have an up-to-date ordinance. The new language indicates that the PCA must have its rule changes adopted by April 4, 2011, and that counties have until Feb. 4, 2012, to adopt new ordinances, but may adopt an ordinance to comply with the February 2008 rules prior to that time. It also requires PCA to consult BWSR and the Association of Minnesota Counties and report to the Legislature on:The technical changes in the rules for subsurface

sewage treatment systems that were adopted on Feb. 4, 2008.The progress in local adoption of ordinances to

comply with the rules.The progress in protecting the state’s water resources

from pollution due to subsurface sewage treatment systems. Effective May 18, 2010.

• Article 5 contains energy provisions, including a rebate on installing solar photovoltaic modules in section 3. Section 11 allows Hennepin County to use forward pricing mechanisms for purchase contracts of natural gas, unleaded fuel, diesel fuel, and other non-electric energy sources without local approval under Minn. Stat. § 645.023, subd. 1(a). Sections 13-16 also expand energy conservation programs in Minneapolis and St. Paul to include commercial and industrial properties and allow those programs to go into effect without local approval under Minn. Stat. § 645.023, subd. 1(a). Effective May 18, 2010.

All provisions in this bill are effective July 1, 2010, unless otherwise noted. (CJ)

Legislative-Citizen Commission on Minnesota Resources appropriationsChapter 362 (HF 2624*/SF 2462) allocates the funds generated by the state lottery that are dedicated to envi-ronmental projects. A few that may be of interest to cities include:• $1.13 million to the University of Minnesota for addi-

tional work on the geologic survey.• $1.1 million to the Department of Natural Resources to

update the state wetland inventory.• $1.75 million of additional funding is provided to accel-

erate the development of metropolitan conservation corridors.

• $636,000 to the University of Minnesota to evaluate potential impacts on state forests from emerald ash borer.

Effective July 1, 2010. (CJ)

GENERAL GOVERNMENT

American Legion Day designatedChapter 185 (HF 2675/SF 2373*) creates Minn. Stat. § 197.996, which designates Sept. 16 as American Legion Day in Minnesota. Effective Aug. 1, 2010. (AF)

Cooperative Local Facilities grantsChapter 189 (HF 2700*/SF 2360) is the 2010 omnibus bonding bill, which, in addition to bonding appropria-tions, creates a new program at Department of Employ-ment and Economic Development (DEED) aimed at rewarding cooperation among local governments. Even though the $1 million appropriated by Chapter 189 for this program was vetoed by the governor, this new program still exists under Minn. Stat. § 16B.355. Some requirements are: at least a 30 percent local match from non-state sources, half the funds need to go to Greater Minnesota, and the application must include at least three partners (cities, counties, school districts, town-ships) who have entered into a joint powers agreement. Furthermore, the application must demonstrate that ser-vice delivery will be improved by the cooperative effort. Effective March 15, 2010. (JO)

Indian tribes and Historical Society authorized to participate in joint powersChapter 193 (HF 2797/SF 2259*) amends Minn. Stat. § 471.59, subd. 1 by adding federally recognized Indian tribes and the Minnesota Historical Society to the list of entities included in the definition of “governmental unit” for the purposes of the joint powers statute. Effective Aug. 1, 2010. (AF)

Page 34 League of Minnesota Cities

Veterans of Foreign Wars Day designatedChapter 244 (HF 2674/SF 2475*) creates Minn. Stat. § 197.9961. It designates May 28 as Veterans of Foreign Wars Day in Minnesota. Effective Aug. 1, 2010. (AF)

Interest rate reduction on awards and judgmentsChapter 249 (SF 2722*/HF 3085) amends Minn. Stat. § 549.09, subd. 1 to exempt government entities from a 2009 law change that increased the required interest rate for awards and judgments over $50,000 to 10 percent. Under this change, the maximum interest rate that will be applied to any award or judgment involving the state or a local unit of government will return to the pre-2009 defini-tion, which was the greater of 4 percent or the return to the rate based on the secondary market yield of one year United States Treasury bills determined in December each year. The December 2009 treasury bill rate was below the 4 percent minimum and, therefore, the statutory interest rate is currently set at 4 percent.

The substantial 2009 increase in the interest rate on judgments and awards was so far in excess of market rates that it resulted in a disincentive for a property owner to finalize property tax appeals or condemnation proceedings due to the fact that delays by the property owner will yield an automatic 10 percent return. Effective April 16, 2010, and applies to judgments and awards finally entered on or after that date. (GC)

Tobacco modernization and compliance actChapter 305 (HF 3467/SF 3055*) modernizes the state statutes to deal with several of the newer tobacco prod-ucts on the market, including Minn. Stat. §§ 297F.01, 461.12, and 609.685. The new law includes that dissolv-able tobacco products that are candy-flavored and resemble mints and breath strips are taxed and regulated as tobacco. It requires all tobacco products and tobacco-related devices to be sold behind the counter to reduce youth access, and prevents the sale of new tobacco products and e-cigarettes to youth. Effective Aug. 1, 2010. (JO)

Statewide regulation on body artChapter 317 (HF 677/SF 525*) establishes a statewide regulation system for technicians performing body art pro-cedures and for body art establishments under the Minne-sota Department of Health, and collects fees. This new law will cover body piercing, tattooing, branding, and tongue bifurcation.• Definitions. Section 1 lays out a series of definitions for

this new law under Minn. Stat. § 146B.01.• Establishment license procedures. Section 2

describes the procedure for an establishment where these procedures are done. Generally, each establishment must have a license by Jan. 2, 2011, unless they have a local license from a city or county that meets this new law,

or exceeds it. This section spells out the requirements, the inspection period, the display of license, and estab-lishment information. It also details what is necessary for establishments located in a private residence or for a temporary event permit.

• Body art technician license. Section 3 requires a license for all technicians by Jan. 1, 2011, and spells out the requirements. This section contains the exceptions to this requirement, such as allowing physicians, nurses, chiropractors, acupuncturists, and others. The license is valid for two years from the date of issuance, and may be renewed upon payment of the renewal fee under section 146.10. Subdivision 7 allows for a temporary license; subdivision 8 allows for license by reciprocity.

• Grounds for denial of establishment license or emergency close. Section 5 lays out the conditions for when an owner or operator may be ordered to close the establishment. Subdivision 2 of this section spells out the reopening requirements.

• Health and safety standards. Section 6 details the standards which must be met for the establishment including equipment, instruments, and supplies.

• Professional standards. Section 7 lists the professional standards that are required, including proof of age and authorization forms.

• Investigation process/disciplinary action. Section 8 lays out the process for investigation and disciplinary action by the commissioner.

• County or municipal regulation. Section 9 addresses local regulation in other aspects by stating “nothing in this chapter pre-empts or supersedes any county or municipal ordinance relating to land use, building and construction requirements, nuisance control, or the licensing of commercial enterprises in general.”

Effective July 1, 2010. (JO)

Collaborative Governance CouncilChapter 319 (HF 2840/SF 2511*) establishes a new state collaborative governance council in Minn. Stat. § 6.81.• Membership. The council is made up of nine members,

including the state auditor and one member appointed by each of the following groups: League of Minnesota Cities, Minnesota Association of Townships, Association of Minnesota Counties, Minnesota School Boards Asso-ciation, AFSCME Council 5, Education Minnesota, SEIU, and the Minnesota Chamber of Commerce. Appointments must be made by July 1, 2010. The council is tasked with seeking input from non-member organi-zations that can help inform the work.

• Meetings. The council is to meet by July 31, 2010, meet quarterly, and meetings are open to the public. The state auditor serves as the chair of the council. Public notice of meetings must be provided, as well as to the members

2010 Law Summaries Page 35

of the legislative committees on local government, edu-cation policy and finance, and early childhood education policy and finance. Members do not receive compensa-tion or expenses paid from the council.

• Powers and duties; report. The council develops rec-ommendations to the governor and the Legislature designed to increase collaboration in government. These may include, but are not limited to, the following: (1) review of statutes, laws, and rules that slow or prevent collaboration efforts; (2) the use of collaboration to improve the service delivery of governmental services; (3) the use of technology to connect entities and share information, including broadband access; (4) the mod-ernization of financial transactions and their oversight by facilitating credit/debit card transactions, etc.; and (5) the creation of model forms for joint powers agreements. Reporting is due by Feb. 1 of each year, and includes recommendations—including any draft legislation neces-sary to complete the recommendations, to the appropri-ate committees. Expires June 30, 2015.

Effective June 1, 2010. (JO)

Duties of assessors clarifiedNote: In a 2009 court decision a Minnesota judge ruled that Minn. Stat. § 270.41, subd. 5 prohibited local government asses-sors from, among other responsibilities, performing appraisals of property within their jurisdiction or acting as an expert on behalf of their employing jurisdiction before any court. Chapter 354 clarifies the permissible duties of assessors.

Chapter 354 (HF 3147/SF 2885*) clarifies the duties and responsibilities of assessors.• Assessor licensure. Section 1 states that the chapter of

law requiring licensing of real estate appraisers does not require licensing of assessors for political subdivisions who are performing their duties listed in sections 3 or 4 of this bill. Effective the day following final enactment for testimony offered and opinions or reports prepared in cases or proceedings that have not been finally resolved.

• Prohibited assessor activities. Section 2 provides that the moonlighting prohibition for assessors in Minn. Stat. § 270.41, subd. 5 does not prevent them from perform-ing their duties under the law, which now include the additional responsibilities enumerated in section 4 below. Effective the day following final enactment for testimony offered and opinions or reports prepared in cases or pro-ceedings that have not been finally resolved.

• Division of duties between local and county asses-sor. Section 3 provides that the local assessor must per-form the new duties contained in section 4 (performing appraisals of property, etc.) if directed by the county assessor.

• Assessor powers and duties. Section 4 provides addi-tional powers and duties to county assessors, including performing appraisals of property, reviewing the original

assessment and determining the accuracy of that assess-ment, preparing an appraisal or report, and testifying before any court or body as an expert on behalf of the assessor’s jurisdiction with respect to properties within that jurisdiction. Effective the day following final enactment for testimony offered and opinions or reports prepared in cases or proceedings that have not been finally resolved. (GC)

Ladder Out of Poverty TaskforceChapter 374 (HF 2062/SF 1770*) establishes the Ladder Out of Poverty Taskforce and provides for its member-ship and duties. Membership consists of eight legislators, the commissioner of the Minnesota Department of Com-merce and the attorney general (or their designees). The taskforce shall ensure that representatives from a variety of institutions are allowed the opportunity to present or meet with members of the taskforce. Among them: banks, credit unions, faith-based organizations, and legal services repre-senting low-income persons; relevant state and local agen-cies, and philanthropic organizations with a mission combating predatory lending; and those representing the interests of women, Latinos, African-Americans, Asian-Americans, American Indians, and immigrants. The task-force has a number of duties designed to help the poor or near-poor in this state. Appointments must be made by Aug. 15, 2010, and written recommendations or draft leg-islation is due by June 1, 2012. Effective May 20, 2010. (JO)

Notaries public fees, commissions, seals, and stamp regulations clarifiedChapter 380 (HF 910*/SF 214) updates and clarifies the regulation of commissions, modifies fees and commissions, and provides for accommodating physical limitations of those seeking notarization of documents.• Fee to record notary commission reduced. Section 1

amends Minn. Stat. § 357.021, subd. 2 to reduce the fee to record a notary commission from $100 to $20.

• Legislators in office authorized to have official stamp. Section 2 amends Minn. Stat. § 358.028 to clarify that legislators serving in office may have an official notarial stamp rather than a “seal.”

• Term “official notarial stamp” replaces “seal of the office.” Section 3 amends Minn. Stat. § 358.09 to replace the term “seal” with the term “official notarial seal.”

• City clerks and township recorders declared to have powers of notary public. Section 4 amends Minn. Stat. § 358.15 to clarify that city clerks and town-ship recorders have ex-officio powers of a notary public within the state of Minnesota and provides the form of the official signature for such officials. Provisions also authorize such officials to authenticate official acts related to their official duties for up to 90 days after the effective date or until the official acquires a notarial stamp, whichever occurs earlier.

Page 36 League of Minnesota Cities

• Non-resident notaries authorized. Section 6 amends Minn. Stat. § 358.48 to limit authority of the governor to appoint a person who is not a resident of the state as a notary public to persons who reside in states imme-diately adjacent to Minnesota and who designate the county in the state in which their commission will be recorded.

• Fees required when applying for a commission modified. Section 7 amends Minn. Stat. § 359.01, subd. 3 to provide that the fee be increased from $40 to $120, to be forwarded by the secretary of state to the commis-sioner of the Department of Management and Budget to be deposited to the general fund.

• Term of notary clarified. Section 8 amends Minn. Stat. § 359.02 to provide that a notary holds office until Jan. 31 of the fifth year following the year the commis-sion was issued. Other provisions in this section modify current timelines to provide that six months prior to the expiration of the commission, a notary may renew his/her notary commission for a new term. Provisions also allow a notary whose commission expires to apply for reappointment after the expiration date.

• Stamp requirement modified. Section 9 amends Minn. Stat. § 359.03, subd. 1 to require that every notary, including ex-officio notaries, must obtain an official notarial stamp with which to authenticate official acts. Provisions also establish that the stamp and the notary’s journal are the personal property of the notary.

• Electronic stamps authorized. Section 10 amends Minn. Stat. § 359.03, subd. 2 to allow the official notarial stamp to be applied to the document or record either physically or electronically if deemed to be a “seal” for purposes of admission of a document in court.

• Specifications of the official notarial stamp. Section 11 amends Minn. Stat. § 359.03, subd. 3 to pro-vide that the stamp consists of the seal of the state of Minnesota, the name of the notary as it appears on the commission, or the name of the ex officio notary, and must be able to be reproduced “in any legibly reproduc-ible manner.”

• Record of notary commission. Section 12 amends Minn. Stat. § 359.061 to require that the commission of every notary be recorded in the office of the court administrator in the district court of the notary’s county of residence or in the county in Minnesota to which duties have been assigned.

• Accommodation of physical limitations authorized. Section 15 adds Minn. Stat. § 359.091 to authorize a notary public to certify regarding the signature of an individual who has physical limitations that restrict ability to sign by writing or making a mark.

• Administrative actions and penalties modified. Section 16 amends Minn. Stat. § 359.12 to provide that upon removal from office a notary public must deliver

the notary public’s official notarial stamp to the commis-sioner of Commerce.

Effective Aug. 1, 2010. (AH)

Commission on Service InnovationChapter 392 (HF 3449/SF 3134*), article 2 establishes the Commission on Service Innovation within Minn. Stat. § 3.9280. Its mission is to provide the Legislature with a strategic plan to reengineer the delivery of state and local government services, including the realignment of service delivery by region and proximity, the use of new technolo-gies, shared facilities, centralized information technologies, and other means of improving efficiency. This provision was included in the omnibus state departments bill as arti-cle 2—government reform.• Membership. Section 1, subd. 2, states the commission

consists of 19 members, appointed by: the Minnesota Chamber of Commerce, Minnesota Business Partnership, the McKnight Foundation, the Wilder Foundation, the Bush Foundation, the Minnesota Council of Nonprofits, the Citizens League, the Minnesota Association of Town-ships, the Association of Minnesota Counties, the League of Minnesota Cities, the University of Minnesota, MnSCU, Minnesota Association of School Administra-tors, and Minnesota High Tech Association. Additionally, labor unions have spots on this board, including: Service Employees International Union (SEIU), Minnesota Association of Professional Employees (MAPE), and AFSCME council 5, and AFSCME council 65. The state chief information officer is on the commission and con-venes the first meeting. The appointments must be made by June 30, 2010.

• Organization. Section 1, subd. 3, deals with the orga-nization. The group should meet within two weeks of the appointments being made, and co-chairpersons be selected. Members of the Legislature can participate, but only as non-voting members of the group. The com-mission must provide public notice of the meetings for the public and Legislature. All reports required must be posted on the Legislative Coordinating Commission website. The group may solicit and receive private con-tributions as there is no public money to go along with this. Staff may be hired to assist the commission, but are not state employees. The commission shall solicit and coordinate public input, and use best practices to maxi-mize public involvement in this work—including using social media. The commission may retain an expert in the use of social media to assist in outreach and involvement.

• Reporting. Section 1, subds. 4-5, outlines the reporting requirements. Starting Aug. 1, 2010, the commission shall publish monthly reports on its progress, including any upcoming agendas. By Jan. 15 of each year the commis-sion shall report to the appropriate legislative commit-tees (state government policy and finance committees), a

2010 Law Summaries Page 37

strategic plan containing findings and recommendations to improve state and local government delivery of pub-lic services. The plan must address: (1) how to enhance public involvement and input as the public uses state and local government services and public schools; (2) how technology can be leveraged to reduce costs and enhance quality; (3) how service innovation will con-serve substantial financial resources; (4) a transition plan and governance structure that will facilitate high-quality innovation and change in the future; (5) how to improve public sector employee productivity; (6) the security of individual data and government programs; (7) data trans-parency and accountability; (8) centralized and shared services; (9) data interoperability across jurisdictions. The plan should also provide a process to review and modify recommendations at regular intervals in the future based on specific results measured at regular intervals. This plan shall also include any proposed legis-lation necessary to implement the commission’s recom-mendations. The reporting section expires June 30, 2012.

Effective May 26, 2010. (JO)

HOUSING

Nonprofit Housing Bond Authority IncreasedChapter 189 (HF 2700*/SF 2360), section 45 increases nonprofit housing bonding from $30 million to $36 million to allow Minnesota Housing to use lower interest rates and not change the appropriation for debt service required to pay off the bonds. The additional financing can be used either for permanent supportive housing or to acquire and/or rehabilitate foreclosed or vacant properties to be owned by a nonprofit organization and rented to low to moderate income households. Effective March 15, 2010. (AH)

Posting of notice of disconnection of utility services to rental buildings modifiedChapter 210 (HF 3259*/SF 2875) amends Minn. Stat. § 504B.215, subd. 3 to provide that a city, utility, or other company that supplies home heating oil, propane, natural gas, electricity, or water and issues a final notice to discon-nect or discontinue service to a building because the land-lord has failed to pay is required to provide notice to the residents of the fact that the utility service to the building is scheduled to be shut off by posting a notice at that location.

The provision modifies existing language to make clear that the posting of the notice is meant to provide notice to residents since existing language in this section provided that the notice is to be posted in the building, which has presented difficulties for buildings with security which cannot be easily entered. The new requirement pro-vides for the posting in at least one conspicuous location either in or on the building in order to provide tenants with

information on the date service will be discontinued as well as the telephone number to call the utility to obtain further information and a brief explanation of the rights of tenants to continue or restore service as well as advice to consider seeking assistance from legal aid, a private attorney, or a housing organization to exercise their rights to main-tain utility service.

Additional provisions include clarification that either a tenant or a group of tenants may pay to have service con-tinued or reconnected under this section. Effective April 2, 2010. (AH)

Energy Improvement Financing Program createdChapter 216 (HF 2695*/SF 2568), section 4 authorizes local units of government to provide financing with rev-enue bond proceeds and interest earnings to aid owners of qualified properties to pay for energy improvements. Cooperation and coordination with utility conservation improvements and other energy improvement programs is required.

Local government is required to provide borrowers a certificate upon completion of the project affirming their participation and the energy improvements accomplished. Local units of government are also authorized to secure payment of the financing with liens against the improved properties and by special assessments. Effective the day follow-ing final enactment, April 2, 2010. (AH)

Refundable historic tax credits available for rehabilitation of historic buildingsChapter 216 (HF 2695*/SF 2568), the omnibus jobs legislation, provides up to $5 million each fiscal year to investors with the priority for funding to be provided to projects expected to be in service within two years. The provisions sunset in 2015. • Section 11 provides credits for historic structure reha-

bilitation against income tax or insurance premium tax liability that is equal to the amount of federal historic structure rehabilitation tax credits for projects that are put in service during the taxable year.

• The Minnesota Historical Society is authorized to pay a grant equal to 90 percent of the credit in lieu of the tax benefit.

• The historic tax credit program expires after FY 2015, although credits issued prior to that date are effective through FY 2018.

• The tax credits are available for tax years beginning after Dec. 31, 2009, for certified historic structures for which qualified rehabilitation costs are to be first paid under terms of construction contracts that have been entered into after May 1, 2010.

Effective for taxable years after Dec. 31, 2009. (AH)

Page 38 League of Minnesota Cities

Tenant bill of rights createdChapter 315 (HF 2668*/SF 2595) creates the Minnesota Tenant Bill of Rights that includes stronger protection for renters. Provisions include measures that eliminate exces-sively high late fees, capping those fees at 8 percent of rent, and prohibiting the use of daily late fees. (Subsidized hous-ing subject to federal rules will continue to follow those rules.) Various effective dates.• Tenant receipts for rent paid in cash. Section 2

provides that if tenants pay rent in cash, they will also now receive a receipt. For new leases, beginning on Aug. 1, 2011, if a lease entitles the landlord to have his/her attorney fees paid when the rental property owner wins certain cases, tenants will also be entitled to similar pay-ments. Effective Aug. 1 for leases entered into on or after that date and for leases renewed on or after Aug. 1, 2012.

• Tenant screening process outlined. Beginning Aug. 1, landlords are required to use a fair and consistent process when screening prospective tenants, who must also be informed about how their rental application will be judged.

When this process becomes effective, landlords must provide criteria used when screening rental applicants and process rental applications in sequence as well as return fees if the landlord rejects the prospective tenant for reasons other than those stated in the landlord’s applicant screening criteria.

Prospective tenants are liable for damages plus a civil penalty of as much as $500, court filing costs, and reason-able attorney fees for providing materially false informa-tion on the rental unit application. Effective Aug. 1, 2010.

• Increased penalty for not returning security deposit. Section 6 increases the penalty for not return-ing the correct amount of a security deposit from up to $200 to up to $500. Effective Aug. 1, 2010.

• Landlord liability for failing to allocate utility charges among tenants. Section 7 makes landlords who fail to appropriately divide utility charges among renters liable to the tenant for triple damages or $500, whichever is greater. Effective Aug. 1, 2010.

• Landlord responsibility to retain tenant property. Section 9 requires landlords to retain property that tenants leave behind for 28 days and are liable to the ten-ant for twice the actual damages or $1,000, whichever is greater, for illegally disposing of such property. Section 15 allows tenants throughout the state to bring motions for return of property in eviction cases, a change that extends this protection beyond tenants residing in Hen-nepin and Ramsey Counties. Effective Aug. 1, 2010.

• Tenant right to reside in foreclosed rental property. Section 11 provides that tenants living in foreclosed rental property have the right to the remaining term of their lease or up to 90 days beyond the redemption period, whichever is longer as long as they pay the rent

and abide by all terms of the lease and provide at least 90 days written notice to vacate, effective no sooner than the date the lease expires. Effective Aug. 1, 2010, for evic-tion actions commenced on or before Dec. 31, 2012. (AH)

Minnesota SAFE Act directs safeguards against predatory and “exotic” mortgagesChapter 347 (HF 2781/SF 2510*), articles 4 and 5 of the omnibus employment and economic development policy legislation contains provisions initially introduced in HF 2600/SF 2643, the Minnesota Secure & Fair Enforcement for Mortgage Licensing Act of 2009 (the Minnesota SAFE Act), which includes exemptions for local government and affordable housing nonprofits in financing homes for low-income households. • Affordable housing amendment to comprehensive

plan. Article 1, section 4 provides that a city council action to amend a comprehensive plan to allow afford-able housing is subject to a simple majority.

• Affordable housing development definition. Provisions define such housing as a development with at least 20 percent of the units are designated for at least a 10-year period for residents with household incomes at the time of initial occupancy that do not exceed 60 percent of area median income (adjusted for house-hold size).

Effective Aug. 1, 2010. (AH)

Protections for new reverse mortgage applicantsChapter 375 (HF 2699/SF 2430*) requires applicants for reverse mortgages to receive counseling from an indepen-dent housing counseling service before agreeing to a new reverse mortgage. • Rescinding agreement to accept reverse mort-

gage. Provisions also allow applicants the time to rescind such agreements and require a notice to that effect and foreclosure advice to homeowners with reverse mort-gages who face sheriffs’ sales. Effective Aug. 1, 2010.

• Time period for requesting hearing on orders to secure vacant buildings shortened. Sections 8 and 14, originally included in HF 2824/SF 2549, shorten the timeframe for requesting a hearing on orders to secure vacant buildings and to provide for recovery of costs incurred by local political subdivisions to secure such structures. New language also provides for notice to cit-ies and renters regarding foreclosures. Effective Aug. 1, 2010. (AH)

Sales tax exemption for nonprofit developers extended to limited liability companies Chapter 389 (HF 3729*/SF 3327), the omnibus tax legis-lation, contains provisions in article 4, section 6 (originally proposed in HF 2527/SF 2229) to extend eligibility for the existing state sales tax exemption for affordable hous-

2010 Law Summaries Page 39

ing construction materials currently available to nonprofit developers to limited liability companies owned by those developers. Effective for sales and purchases made after June 30, 2010. (AH)

Homestead tax treatment of manufactured home park cooperatives Chapter 389 (HF 3729*/SF 3327), the omnibus tax bill, contains provisions in article 1, section 15, that allow man-ufactured home park cooperatives with a membership of at least 50 percent of occupied units to qualify for the 4d property class rate that provides a reduced property tax rate for affordable housing units. Effective for taxes levied in 2010, payable in 2011 and thereafter. (AH)

Budget for Minnesota Housing reduced Chapter 1, First Special Session (HF 1* /SF 1) reduces Minnesota Housing Finance Agency (MHFA) appropria-tions for FY 2011 by $256,000 from the current budget for rental housing development. Article 9, section 4 applies the reduction to the rehab loan program and is in addition to a $4.2 million reduction for FY 2010-11 enacted earlier in the session and the $4.9 million budget cut for MHFA in effect for 2012-2013. Effective July 1, 2010. (AH)

Renters’ tax credit reducedChapter 1, First Special Session (HF 1*/SF 1), article 13, section 4 modifies the formula for calculating property tax refunds based on rent paid in 2009. For this year only, the new formula uses 15 percent of rent rather than 19 per-cent, which has been used in the past, thereby increasing taxes of an estimated 300,000 low- to moderate-income renters. Effective July 1, 2010. (AH)

Cash assistance to families with subsidized housing retained Chapter 1, First Special Session (HF1*/SF 1) retains the current Minnesota Family Investment Program (MFIP) cash assistance of $100 per month to qualified families living in subsidized housing. Households with a family member with a disability will continue to receive the same level of assistance. The existing MFIP assistance is actually a $50 cut for families who also receive federal housing sub-sidies. Effective July 1,2010. (AH)

Lead-based paint grants reducedChapter 1, First Special Session (HF 1*/SF 1), article 25, section 4 reduces state funding for the lead-safe housing grant program by $25,000 for FY 2010 and FY 2011. Effec-tive July 1, 2010. (AH)

Group residential housing supplemental service rates reducedChapter 1, First Special Session (HF 1*/SF 1), article 15, section 13 reduces by $467,000 in FY 2010, and $706,000

in FY 2011, a 5 percent cut in the rate for services pro-vided on or after Nov. 1, 2009, through June 30, 2011. Effective July 1, 2010. (AH)

LAND USE AND GROWTH MANAGEMENT

High-voltage lines and pipelines lose exemption from 2006 eminent domain changesWhen eminent domain laws were amended in 2006, public service corporations were exempted from those procedural, financial, and legal changes to the takings process. Contro-versy over several large utility projects since then resulted in legislation being proposed to remove that exemption. The portions of that proposal that were removed are cov-ered in the “Bills That Did Not Become Law” section.

The final version of Chapter 288 (HF 1182*/ SF 1112) amends Minn. Stat. § 117.189 to remove the public service corporation exemption from high-voltage electrical transmission lines of 100 kilovolts or more and their ancillary substations, as well as natural gas, petroleum, or petroleum products pipeline and their ancillary com-pressor stations or pumping stations. The legislation also amends Minn. Stat. § 117.225 to allow landowners to peti-tion for the discharge of easements acquired by condem-nation for those same types of uses if the easements are not being used for the purpose for which they were taken. It also adds language to the statutes guiding the siting of high-voltage transmission lines to require that the Public Utilities Commission make findings related to placing the lines on existing high-voltage transmission route or using parallel existing highway right-of-way and must document why those options were not used if they are not the final route selected. Effective May 1, 2010. (CJ)

Certain Lower St. Croix rural land uses allowed to continueChapter 338 (HF 3152/SF 2752*) allows commercial, nature-oriented, and educational uses in rural districts of the Lower St. Croix River area to be allowed as condi-tion uses as long as the use was similar on May 1, 1974, and Jan. 1, 2010, as long as the conditional use is similar to that which was allowed on May 1, 1974, and the use com-plies with all dimensional standards and variance require-ments for changes made after Jan. 1, 2010. The legislation was passed to address a decision related to continuing the use of several existing properties in the area. Effective Aug. 1, 2010. (CJ)

Use deed reformChapter 389 (HF 3729*) is the omnibus tax bill containing the changes brought forward as legislation in 2009 by the Minnesota Department of Revenue (DOR). These can be found in article 9. The most substantive changes to the law limits the uses for which cities may acquire non-conser-

Page 40 League of Minnesota Cities

vation tax forfeit land at no cost. In addition, the changes introduce a procedure by which “use” deeds may be con-verted into regular deeds after a certain number of years of compliant use. These changes and more are discussed in detail below. • Classification as conservation or non-conservation.

Section 1 updates land classification provisions for tax-forfeited property, and establishes two processes to classify and reclassify lands.1. Provides a new, more structured process, which

includes an open meeting and notification, allowing persons and agencies possessing pertinent informa-tion to make or submit comments at the meeting, and designating tracts as assessed and acquired, or may by resolution provide for the subdivision of the tracts into smaller units or grouping deemed advantageous for conservation or sale purposes.

2. Updates the current process. Allows a county board to elect to use this process, and if elected, the elec-tion is effective for a minimum of five years. Allows the county board to classify or reclassify lands based on availability. If lands are within the boundaries of an organized town or incorporated municipality, the classification or reclassification and sale must first be approved by the town board or governing board of the municipality in which lands are located. Requires the county board to follow the open-meeting procedures from process (1) above, if the town or municipality rejects the classification.

• Conveyance to public entities. Section 2 updates the provisions for conveyance of tax-forfeited land to public entities. This adds a new process for withholding lands from sale due to local government interest in acquisition, replacing what was deleted in section 1. This section changes the existing opportunities for local government acquisition. Previously, the opportunities were limited to purchasing at full market value for any purpose or receiving free-but-contingent deeds for an authorized public use. (This free “use deed” has caused compliance-related issues and title problems.) The new law signifi-cantly limits the uses for which these use-contingent deeds may be acquired while providing new alternative methods for acquisition that are more tailored to specific needs and purposes.

Paragraph (a) directs the county auditor to withhold a parcel from lease or sale for six months, upon the request from a state agency or governmental subdivision.

Paragraphs (b-d) clarify the provisions related to the sale of non-conservation tax-forfeited lands, including the sale to the state agency or governmental subdivision for a reduced price to correct for blighted conditions or for the development of affordable housing. “Market value” is clari-fied to be an estimate of the full and actual market value as determined by the county board and does not require a formal appraisal.

Paragraph (e) clarifies the definition of “authorized public use” for the purposes of eligibility for the convey-ance of this non-conservation land to a governmental subdivision for which a “use deed” may be granted. The following purposes allow the local government to obtain a use deed for “free”:oA road or right-of-way for a road.oA park that is both available to, and accessible by, the

pubic that contains amenities such as campgrounds, playgrounds, athletic fields, trails, or shelters.

oTrails for walking, biking, snowmobiling, or other rec-reational purposes, along with a reasonable amount of surrounding land maintained in its natural state.

oTransit facilities for buses, light rail transit, commuter rail or passenger rail, including transitways, park-and-ride lots, transit stations, maintenance and garage facilities, and other facilities related to a public transit system.

oPublic beaches or boat launches.oPublic parking.oCivic recreation or conference facilities. oPublic service faclities such as fire halls, police stations,

lift stations, water towers, sanitation facilities, water treatment facilities, and administrative offices.Two new free options of acquisition are provided:

oOut lots that developers promised but failed to convey to local governments under development agreements (paragraph (f))

oParcels that associations of common interest commu-nities were entitled to under a written agreement that forfeited without conveyance (paragraph (g)).Several new options of acquisition at a price that

may be less than market value (as negotiated between the county and local government) are provided:oCorrecting blight (paragraph (d));oDeveloping affordable housing (paragraph (d));oCreating or preserving wetlands (paragraph (h));oManaging the drainage or storage of stormwater under

a management plan (paragraph (h)); and oPreserving land in its natural state (paragraph (h)).

Paragraph (h) allows for the sale of conservation tax-forfeited lands at less than market value to governmental subdivisions for certain conservation purposes. Requires a restrictive covenant for 30 years. The lands may be recon-veyed back to the state, at which point the restrictive covenant ceases. If reconveyed lands are to be sold, the county board may take into account the original amount paid when setting the terms of the sale. If the reconveyed lands are unplatted and located outside of an incorporated municipality, the sale is subject to the approval of the com-missioner of the DNR if the commissioner determines there is potential mineral use.

Paragraph (i) clarifies that a park and recreation board in a city of the first class qualifies as a governmental subdi-vision for purposes of this section.

2010 Law Summaries Page 41

• Conveyance; targeted community lands. Section 3 limits the provisions for the conveyance of lands located within a targeted community to lands in a city of the first class, clarifies that this conveyance is by a quit claim deed rather than a use deed, and clarifies that the con-veyance requires a favorable recommendation of the county board. This eliminates the statement of facts requirement. The name of this area has been changed from “targeted neighborhood” to “targeted community.”

• Deed of conveyance; form; approvals. Section 4 clarifies that any reversion to the state of tax forfeited land that was conveyed for an authorized public purpose (i.e., a conditional use deed) and is not used for that pur-pose is by operation of law and without requirement of any affirmative act by the state.

• Reverter for failure to use; conveyance to state. Section 5 clarifies the actions that must occur when a local government fails to put the land to the use required in the “use deed,” and specifically clarifies that there is no failure to put the land to the use and no abandon-ment of that use if that use is contained in a formal plan of that local government.

The act deletes language providing that a sale, lease, transfer, or other conveyance under Chapter 469 does not constitute a failure or abandonment of use. This provision created some compliance problems for the Department of Revenue; the new method of acquisition in earlier sections relating to blight and economic devel-opment is intended as a more focused substitute to this deleted provision.

The act includes a provision that allows a local gov-ernment to exchange a “use deed” issued on or after Jan. 1, 2007, for a quit claim deed after 15 years if it has demon-strated compliance with the use restriction and received the favorable recommendation of the county board. For “use deeds” issued before Jan. 1, 2007, the use restriction and possibility of reversion is released on Jan. 1, 2022, if the county board records a document to that effect.

The act nullifies the use restriction on the later of: (1) Jan. 1, 2015; (2) 30 years from the date the deed was acknowledged; or (3) upon final resolution of an appeal initiated prior to Jan. 1, 2015, whereby creating a 30-year expiration on all “use deeds,” but allowing counties and the DOR the possibility to pursue compliance action through 2014 on existing deeds.

• Conditional use deed fees. Section 6 establishes an application fee of $250 for “use deeds” of which $150 shall be refunded if the application is denied. The pro-ceeds must be deposited in a DOR revolving fund and are appropriated to the commissioner for making the $150 refunds and for administering the conditional use deed law.

• Conveyance; form. Section 7 provides that the instru-ments of conveyance are to be on a form approved by the attorney general and that the instruments are prima facie evidence and that the execution and issuance of the conveyance complies with the applicable laws. These provisions assure persons examining the real estate records that the various requirements were met.

• Conservation lands; county board supervision. Section 8 clarifies the process for conservation lands, including that they must not be conveyed or sold, unless they are (1) reclassified; (2) conveyed to a governmen-tal subdivision; (3) released from the trust in favor of the taxing district; or (4) conveyed or sold under the author-ity of another general or special law. This section deletes some obsolete language, and recodifies the provision for the sale of timber, lease of crops of hay, or other revenue from lands under the jurisdiction of the DNR, shall be credited to the general fund.

• Non-conservation lands; appraisal and sale. Section 9 strikes a revision on the classification that is recodified in section 1 of this article.

• Sale; method, requirements, effects. Section 10 includes cross references due to changes in other sections.

• County sales; notice, purchase price, disposition. Section 11 clarifies that the ability to add reappraised lands to a sale only applies to non-conservation lands.

• City sales; alternate procedures. Section 12 allows for the sale of irregular parcels that cannot be improved because of noncompliance with local ordinances with-out being adjoined to a neighboring parcel to be sold for less than its appraised value.

• Notice; public hearing for use change. Section 13 requires notice to surrounding landowners within 400 feet of a parcel and a public hearing if a governmental subdivision intends to change the use of a parcel acquired by a use deed.

• Repealer. Section 14 repeals obsolete provisions in Minn. Stat. § 282.01, subd. 9-11, dealing with the sale and classification of tax-forfeited lands, and Minn. Stat. § 383A.76, which was specific to Ramsey County.

Effective July 1, 2010. (JO)

LIQUOR

Brewing beer in basements allowedChapter 209 (HF 2918*/SF 2632) allows for the brew-ing of beer and other malt beverages in basement or other subgrade areas. This falls under the Minnesota Department of Agriculture’s jurisdiction and within their rulemaking. Effective April 2, 2010. (JO)

Page 42 League of Minnesota Cities

Omnibus liquor billChapter 255 (HF 3186/SF 2808*) is the 2010 omnibus liquor bill. In addition to special law provisions for Bemidji, Minneapolis, St. Paul, and the State Fair, the bill addresses certain situations with tastings performed in stores or events. Section 4 amends Minn. Stat. § 340A.409, subd.1, dealing with liability insurance, by adding that $50,000 for other pecuniary loss of any one person in any one occurrence, and $100,000 for other pecuniary loss of two or more persons in any one occurrence. It goes on to specify that all insurance policies which provide cov-erage with regard to any liability imposed by Minn. Stat. § 340A.801 must contain at least the minimum cover-age required by this section. Section 6 expands Minn. Stat. § 340A.419 to allow for malt liquor or spirits for tastings conducted by exclusive liquor stores. The old law only referred to wine tastings. Effective April 23, 2010. (JO)

LOCAL LAWS

Anoka County design-build authority providedChapter 181 (HF 1074/SF 740*) is a 2010 session law that authorizes Anoka County to utilize the design-build contracting process outlined in the pilot program under Laws 2009, ch. 36, section 29, for the reconstruction of the intersection at Trunk Highway 10 and Anoka County State-Aid Highway 83. The 2009 law referenced estab-lished a local government transportation design-build pilot program for up to nine projects. Effective Feb. 12, 2010. (AF)

Rock Island Bridge demolition moratorium repealedChapter 188 (HF 2485/SF 2253*) repeals Laws 2009, ch. 93, article 1, section 45, a 2009 session law that placed a moratorium on demolition or removal of the Rock Island Bridge in Inver Grove Heights. Effective March 15, 2010. (AF)

Local provisions in the 2010 omnibus bonding billChapter 189 (HF 2700*/SF 2360) is the 2010 omnibus bonding bill. It contains the following local provisions:• Eagan military, firefighters, and police memorial

funded. Section 11, subd. 5 provides $100,000 for a grant to the City of Eagan to design and construct a memorial to those in the military, firefighters, and police who have died in the line of duty. Effective March 15, 2010.

• Blaine women’s hockey center funded. Section 12, subd. 2 provides $950,000 to the Amateur Sports Com-mission to predesign, design, construct, furnish, and equip a women’s locker room, training room, and educa-tion display at the National Sports Center Super Rink in Blaine. Effective March 15, 2010.

• Rochester national volleyball center funded. Section 12, subd. 3 provides $4 million to the Amateur Sports Commission for a grant to the City of Rochester to design, construct, furnish, and equip the phase 2 expansion of the National Volleyball Center in Roches-ter, designated by the Minnesota Amateur Sports Com-mission as a regional amateur sports center, subject to Minn. Stat. § 16A.695. Effective March 15, 2010.

• Minneapolis emergency operations center and fire training facility funded. Section 14, subd. 5 pro-vides $750,000 for a grant to the City of Minneapolis to complete design and construction of an Emergency operations center and fire training facility in the City of Minneapolis. This appropriation is not available until the commissioner of the Department of Administration has deter-mined that at least an equal amount has been committed from nonstate sources.

• Local bridge replacement and rehabilitation funded. Section 15, subd. 2 provides $66 million to match federal money and to replace or rehabilitate local deficient bridges. Of this amount, $1.8 million is for a grant to the City of Fergus Falls to renovate the Tower Road Bridge. Up to $10 million is for a grant to Hen-nepin County for phase 2 of the project for the removal of the existing Canadian Pacific Railway bridge and crib wall structure supporting the roadway, construction of a retaining wall structure to support Lowry Avenue, and construction of an extension of phase 1, the construction and replacement of the Lowry Avenue Bridge carrying County State-Aid Highway 153 across the Mississippi River in Minneapolis. A grant of $7 million to the City of Minneapolis is to construct a bridge for St. Anthony Parkway over the Northtown Rail Yard. Effective March 15, 2010.

• Grand Rapids railroad grade crossing replacement funded. Section 15, subd. 7 provides $2.5 million to design, construct, and equip the replacement of active highway railroad grade crossing warning devices that have reached the end of their useful life. Of this amount, $900,000 is for a grant to the City of Grand Rapids to make at-grade railroad crossing improvements in the city. Effective March 15, 2010.

• Duluth airport terminal funded. Section 15, subd. 10 provides $11.7 million for a grant to the City of Duluth to predesign, design, construct, furnish, and equip phase 2 of the new terminal facilities at the Duluth International Airport as phase 2 of the airport terminal project is described for purposes of the Federal Avia-tion Administration project grant. This appropriation is not available until the commissioner of the Department of Manage-ment and Budget determines that at least an equal amount is committed to the project from nonstate sources.

2010 Law Summaries Page 43

• Thief River Falls airport hangar funded. Section 15, subd. 11 provides $2.097 million for a grant to the City of Thief River Falls to design, construct, furnish, and equip a multipurpose hangar at the Thief River Falls Regional Airport in Pennington County. This appropria-tion is not available until the commissioner of the Department of Management and Budget determines that a match from other sources of at least $699,000 is committed to the project.

• Rochester maintenance facility funded. Section 15, subd. 12 provides $26.43 million to prepare a site for and design, construct, furnish, and equip a new maintenance facility in Rochester. Effective March 15, 2010.

• Maple Grove truck station funded. Section 15, subd. 14 provides $15.8 million to design and construct a new truck station in Maple Grove. Effective March 15, 2010.

• Little Falls truck station funded. Section 15, subd. 15, provides $3.3 million to design and construct a new truck station in Little Falls. Effective March 15, 2010.

• Metro bridge crew building in Maplewood funded. Section 15, subd. 16 provides $3 million to design and construct a new building in Maplewood for the metro bridge crew. Effective March 15, 2010.

• Willmar district headquarters and Plymouth truck station design funded. Section 15, subd. 17 provides $700,000 for design of the new Willmar district headquarters vehicle storage facility and the new Plymouth truck station. Effective March 15, 2010.

• North Branch main water line loop/business park infrastructure funded. Section 21, subd. 2 provides $1 million to the city for its infrastructure needs surround-ing a business park. Effective March 15, 2010.

• Lake Elmo water infrastructure funded. Section 21, subd. 4 provides $2 million to the city of Lake Elmo to deal with water infrastructure needs related to contami-nation of perfluorochemicals (PCFs). Effective March 15, 2010.

• Bemidji Headwaters Science Center funded. Section 21, subd. 5 provides $475,000 to the Bemidji Headwaters Science Center. Effective March 15, 2010.

• Duluth Zoo funded. Section 21, subd. 7 provides the Duluth Zoo with $200,000 for its needs. Effective March 15, 2010.

• Minneapolis Orchestra Hall funded. Section 21, subd. 11 appropriates $16 million to Orchestra Hall in Minneapolis. Effective March 15, 2010.

• Ramsey County Rice Street Bioscience funded. Section 21, subd. 12 provides $5 million to the Ramsey County Rice Street Bioscience Corridor. Effective March 15, 2010.

• South St. Paul Navy Hangar funded. Section 24, subd. 3 provides $150,000 to South St. Paul for life safety and building code updates to the Navy Hangar at Flem-ing Field. Effective March 15, 2010.

(AF/JO/CJ)

Corporal Johnathan Benson Memorial Highway designatedChapter 196 (HF 2575/SF 2183*) adds a subdivision to Minn. Stat. § 161.14. It designates Trunk Highway 95 from its intersection with Interstate Highway 35 to the eastern boundary of the City of North Branch as “Corporal Johnathan Benson Memorial Highway.” Signage is to be designed and erected by the Minnesota Department of Transportation with non-state funds. Effective Aug. 1, 2010. (AF)

Spirit Mountain Authority membership increasedChapter 203 (HF 2786*/SF 2397) amends Laws 1973, ch. 327, section 2, subd. 2. It increases the number of directors for the Spirit Mountain Recreation Area Authority from seven to nine members. Directors of the Spirit Mountain Recreation Area Authority are appointed by the mayor of Duluth, after consultation with the Planning Commission and the Park and Recreation Board, subject to approval by the City Council. Effective after completion of local approval by the City of Duluth. (AF)

Veterans Memorial Bridge designatedChapter 204 (HF 2561*/SF 2182) adds a subdivision to Minn. Stat. § 161.14. It designates the bridge on Trunk Highway 95 over Interstate 35 in the City of North Branch as the “Veterans Memorial Bridge.” It directs the Minnesota Department of Transportation to design and erect suitable signs, which must be paid for through non-state sources. Effective Aug. 1, 2010. (AF)

Richfield firefighter response time residency requirement imposition authority providedChapter 207 (HF 2729*/SF 2400) is a 2010 session law that allows the City of Richfield to impose a response time residency requirement upon firefighters under the follow-ing conditions:1. The residency requirement may not require a response

time that is less than 10 minutes;2. The residency requirement must only apply to firefight-

ers hired after the effective date of the residency require-ment; and

3. The residency requirement must only apply during the first ten years of employment or until this section expires, whichever is earlier.

Effective April 2, 2010, and expires April 2, 2017. (AF)

Page 44 League of Minnesota Cities

Local provisions in the 2010 jobs billChapter 216 (HF 2695*/SF 2568) is the 2010 jobs bill. It contains the following local provisions:• St. Paul CARZ, housing replacement districts,

and TIF. Sections 33-43 create a “CARZ” for the St. Paul Ford Plant site, similar to the JOBZ tax benefits for Greater Minnesota. Section 54 allows housing replace-ment changes without local approval. Section 60 makes changes to tax increment law to help with the Central Corridor development. Effective April 2, 2010.

• Bloomington TIF, local sales taxes. Sections 44, 48, 49, 50, 51 and 52 relate to the City of Bloomington. The new law makes changes to existing TIFs, includes the Old Cedar Bridge, allows for a half-cent increase in their local sales tax and addresses the need for a labor-peace agreement for upcoming development. Effective April 2, 2010, with local approval.

• Brooklyn Park housing replacement. Section 45 amends session laws giving Brooklyn Park housing replacement project authority currently allowed for some metro cities. Effective without local approval under Minn. Stat. § 645.023.

• Minneapolis TIF. Section 47, which expands the use of increment specific to a certain project, which is a down-town homeless shelter. Effective upon compliance with Minn. Stat. § 645.021.

• Oakdale TIF. Section 55 is for the city of Oakdale. It allows for the extension of a certain district, as long as the developer is in place and work begins in 2011. Effective April 2, 2010, and with compliance of both Minn. Stat. §§ 469.1782 and 645.021.

• North Mankato TIF. Section 56 allows for a parcel to be added to a current TIF district. The five-year rule does not apply to the new district. The new law increases the original net tax capacity for purposes of calculating increment, and makes changes in the use of increments. Development needs to occur in 2011, similar to the other city-specific provisions of Chapter 216. Effective April 2, 2010, and with local compliance of Minn. Stat. § 645.023.

• Cohasset TIF. Section 57 is specific to the city of Cohasset and their ability to transfer increments from a district to the city’s general fund, if certain goals are met. Namely, all the development has to be in place in 2011. Effective April 2, 2010, with compliance of Minn. Stat. § 645.023.

• East Grand Forks TIF. Section 59 is an expansion on the permitted uses of increment. The new law allows certain increments to be spent on the Red River State Recreation Area. Effective April 2, 2010, without local approval. (JO)

Trunk highway routes 332 and 297 turned backChapter 265 (HF 2851*/SF 2662) turns back two seg-ments of state highways to the City of Fergus Falls.• Route 332 removed. Section 1 amends Minn. Stat. §

161.115, subd. 263 by removing a segment of Legislative Route No. 332 that will be turned over to the City of Fergus Falls from the state trunk highway system. Effec-tive upon receipt by the revisor of statutes of a notice from the commissioner of Transportation that the turnback of this seg-ment to the City of Fergus Falls is complete.

• Route 297 removed. Section 2 specifies the turnback of Legislative Route No. 297 to the City of Fergus Falls, removing the highway from the state trunk highway system. Effective the day following the commissioner of Trans-portation’s receipt of an agreement between the commissioner and the governing body of Fergus Falls. (AF)

Dakota County deputy registrar relocation authorizedChapter 296 (HF 1209*/SF 973) creates Minn. Stat. § 383D.75. It provides that, notwithstanding Minn. Stat. § 168.33, and rules adopted by the commissioner of the Department of Public Safety (DPS) limiting sites for the office of deputy registrar based on either the distance to an existing deputy registrar office or the annual volume of transactions processed by any deputy registrar, the DPS commissioner shall permit the deputy registrar of motor vehicles agent number 128 and driver’s license agent number 726 for Dakota County to move from the exist-ing deputy registrar location in Burnsville to the Dakota County Burnhaven Library in Burnsville, with full author-ity to function as a registration and motor vehicle tax col-lection and driver’s license bureau, at the Dakota County Burnhaven Library. All other provisions regarding the appointment and operation of a deputy registrar of motor vehicles and driver’s license agent under Minn. Stat. § 168.33 and Minn. Stat. § 171.061, and Minnesota Rules, ch. 7406, not inconsistent with this section, apply to the office. Effective the day after the Dakota County Board and its chief clerical officer complete their compliance with Minn. Stat. § 645.021, subd. 2 and 3. (AF)

Local provisions in omnibus transportation policy actChapter 351 (HF 2807/SF 2540*) is the omnibus trans-portation policy act. Sections of Chapter 351 that pertain to individual cities are summarized below. (Note: Provisions in Chapter 351 that pertain generally to cities are summarized in the Transportation section.)• Description of Clearwater County Veterans

Memorial Highway corrected. Section 4 makes a correction to Minn. Stat. § 161.14, subd. 62, the statu-tory description of the Clearwater County Veterans Memorial Highway. Effective Aug. 1, 2010.

2010 Law Summaries Page 45

• Segment of Highway 200 designated “Veterans Memorial Highway.” Section 5 adds a subdivision to Minn. Stat. § 161.14. It designates a segment of Trunk Highway 200 from the North Dakota border to Mahnomen as the “Veterans Memorial Highway.” Effective Aug. 1, 2010.

• Segments of Highways 34 and 87 designated “Becker County Veterans Memorial Highway.” Section 6 adds a subdivision to Minn. Stat. § 161.14. It designates segments of Trunk Highways 34 and 87 in Becker County as the “Becker County Veterans Memorial Highway.” Effective Aug. 1, 2010.

• Highway 23 bridge in St. Cloud designated “Granite City Crossing.” Section 7 adds a subdivision to Minn. Stat. § 161.14. It officially names the bridge over the Mississippi River on marked Trunk Highway 23 in St. Cloud the “Granite City Crossing.” Signs must be paid for by non-state sources. Effective Aug. 1, 2010.

• Segment of Highway 59 designated “Veterans Memorial Highway.” Section 8 adds a subdivision to Minn. Stat. § 161.14. It designates Trunk Highway 59 from Karlstad to the Canadian border as the “Veterans Memorial Highway.” Effective Aug. 1, 2010.

• Dakota County deputy registrar relocation authorized. Section 60 creates Minn. Stat. § 383D.75. It requires the commissioner of the Department of Public Safety to permit the deputy registrar for Dakota County to move from the existing location in Burnsville to the Burnhaven Library in Burnsville. Effective the day after local approval requirements are met by the governing body of Dakota County.

• Farmington municipal deputy registrar authorized. Section 67 is a 2010 session law that directs the com-missioner of the Department of Public Safety to appoint a municipal deputy registrar for the city of Farmington, subject to local approval by the city. Effective the day after the city files evidence of local approval with the secretary of state.

• Rail stations in Ramsey and Coon Rapids consid-eration required. Section 70 is a 2010 session law that requires the Metropolitan Council to consider desig-nating Northstar commuter rail stations in the cities of Ramsey and Coon Rapids. Effective Aug. 1, 2010. (AF)

Local provisions in the 2010 omnibus tax billChapter 389 (HF 3729*) is the 2010 omnibus tax bill. It contains the following local provisions:• Landfall TIF. Article 7, section 21, extends the five-year

rule for a TIF district in the city of Landfall Village from a five-year period to eight years. Under general law, the five-year rule requires the development authority to complete the TIF plan’s in-district activities within five years after certification of the district, or to issue bonds to finance those actitiviites. Effective upon compliance with Minn. Stat. § 645.021, subd. 3.

• Ramsey TIF. Article 7, section 22. This provides special rules for a redevelopment TIF district, and specifies the geographic area within which the district may be created. If within this area there are parcels that are in an exist-ing TIF district, those parcels may be added to the new district if the initial district is decertified. Further, this provides that the requirements for qualifying a TIF dis-trict under current law, that is that the parcels must be blighted, do not apply to the parcels located within the district. Tax increment from the district may be expended for the city’s share of the costs for the con-struction of the Northstar Transit Station and related infrastructure. This includes structured parking, a pedes-trian overpass, and roadway improvements; no incre-ments may be pooled and expended outside the district. The five-year rule is extended to 10 years. Effective upon compliance with Minn. Stat. § 645.021, subd. 3.

• Wayzata TIF. Article 7, section 23 allows the city of Wayzata to delay the receipt of first increment by up to six years; general law provides a four-year delay. It extends the five-year rule for redevelopment district #5 in the city of Wayzata to 10 years. It deems parcels in the district to meet the blight test for a redevelopment district, if the city of a developer demolished a building on the parcel that it found to be structurally substandard and the city decertifies district #5 and requests certifi-cation of a new district within 10 years after the demo-lition. This allows the city to decertify the district and create a new redevelopment district with a new 25-year duration limit. Effective upon compliance with Minn. Stat. § 645.021, subd. 3. (JO)

MISCELLANEOUS

Mobile food units authorized to operate for more than 21 days in one placeChapter 294 (HF 3591*/SF 3115) amends Minn. Stat. § 157.15, subd. 9 by authorizing mobile food units to operate for more than 21 days in one place with the approval of the regulatory authority as defined in Min-nesota Rules, part 4626.0020, subpart 70. Effective May 11, 2010. (AF)

Expiration date for corporate deputy registrars removedChapter 296 (HF 1209*/SF 973) removes a Jan. 1, 2012, sunset date for a corporation to be able to be appointed as a deputy registrar. Under current law, upon expiration of the corporation’s appointment as of Jan. 1, 2012, the com-missioner of Public Safety will appoint an individual as successor to the corporation. Effective Aug. 1, 2010. (AF)

Page 46 League of Minnesota Cities

PENSION AND RETIREMENT

Omnibus pension billChapter 359 (HF 3281/SF 2918*) is the 2010 omni-bus pension bill and includes the financial sustainability plan modifications for the Public Employees Retirement Association (PERA) as well as for the Minnesota State Retirement System (MSRS) and the Teachers Retirement Association (TRA). The bill includes other general statute changes recommended by PERA and also an administra-tive consolidation of the Minneapolis Employees Retire-ment Fund (MERF) with PERA.

Article 1. Financial Sustainability Provisions• Definition of vesting and vesting changes. Section 23

adds a new section to Minn. Stat. § 353.01 that defines vesting to be obtaining a nonforfeitable entitlement to an annuity or benefit from a retirement plan adminis-tered by the Public Employees Retirement Association by having credit for sufficient allowable service. Suf-ficient credit for allowable service for all General Plan and Police and Fire plan members is defined as three years for persons hired before July 1, 2010, which is the current law requirement. The vesting period for PERA General Plan members is set at five years for persons hired after June 30, 2010, while the vesting for PERA Police and Fire plan members hired after June 30, 2010, is phased in beginning with 50 percent vesting after five years which is increased by 10 percent per year until full vesting is reached at 10 years of service. Effective May 16, 2010.

• Employer and employee contribution rate increases. Sections 24 and 25 amend Minn. Stat. § 353.27, subds. 2 and 3 to increase the PERA Coordi-nated program employee contribution from 6.00 percent to 6.25 percent and the employer contribution from 7.00 percent to 7.25 percent. Effective for contributions beginning Jan. 1, 2011.

• PERA Police and Fire contribution increases. Sections 35 and 36 amend Minn. Stat. § 353.65, subds. 2 and 3 to increase the member contribution rate from 9.4 percent of salary to 9.6 percent of salary and the employer contribution rate from 14.1 percent to 14.4 percent of salary. Effective for contributions beginning Jan. 1, 2011.

• Automatic contribution adjustment changes. Section 26 modifies Minn. Stat. § 353.27, subd. 3b, the PERA automatic contribution rate adjustment provi-sion, to provide for a tiered adjustment based on the magnitude of a sufficiency or deficiency. If the actu-arially required contribution exceeds the total sup-port provided by the combined employee and employer contribution rates by less than 2 percent, the maximum

increase is 0.25 percent of salary for both the employer and employee rates. If the actuarially required contribu-tion exceeds the total support provided by the com-bined employee and employer contribution rates by between 2.0 percent and 4.0 percent, the maximum increase is 0.5 percent of salary for both the employer and employee rates. If the actuarially required contribu-tion exceeds the total support provided by the combined employee and employer contribution rates by more than 4 percent, the maximum increase is 0.75 percent of sal-ary for both the employer and employee rates. Effective May 16, 2010.

• Post-termination refunds. Section 32 amends Minn. Stat. § 353.34, subd. 1 to make the refund interest rate change for post-termination refund consistent with the interest rate reduction from 6 percent to 4 percent in section 33. Effective May 16, 2010.

• Interest rate on refunds from pension plan. Section 33 amends Minn. Stat. § 353.34, subd. 2 to reduce the interest rate on pension contribution refunds. For a person who ceases to be a public employee before July 1, 2011, the refund interest is 6 percent to June 30, 2011, and at the rate of 4 percent after June 30, 2011. For a person who ceases to be a public employee after July 1, 2011, the refund interest is at the rate of 4 per-cent. Effective May 16, 2010.

• Conforming vesting changes. Sections 37, 38, 39, 40, and 41 make vesting for retirement annuity entitlement (Minn. Stat. § 353.651, subd. 1), early reduced retirement annuity entitlement (Minn. Stat. § 353.651, subd. 4), not-in-line-of-duty death survivor benefit entitlement (Minn. Stat. § 353.657, subd. 1), death-while-eligible death survivor benefit entitlement (Minn. Stat. § 353.651, subd. 2a), and service-in-more-than-one-plan retirement annuity entitlement (Minn. Stat. § 353.71, subd. 1) con-sistent with the vesting change in Section 23. All sections are effective May 16, 2010.

• Deferred annuity augmentation interest rate reduction. Section 42 amends Minn. Stat. § 353.71, subd. 2 to reduce the deferred annuity augmentation rate to 1 percent after Dec. 31, 2010, for individuals who terminate employment prior to Jan. 1, 2012, and then eliminates augmentation entirely for terminations occurring after Dec. 31, 2011. “Augmentation” is a ben-efit adjustment that is provided to a person who leaves public employment but does not yet begin to draw a pension or take a refund. Currently, there are two dif-ferent augmentation adjustments depending upon when an employee was hired. For employees hired after July 1, 2006, the deferred pension is “augmented” by inflat-ing the pension at a rate of 2.5 percent per year, until the person begins drawing the pension. For employees hired before July 1, 2006, the deferred pension is augmented at a rate of 3 percent up to age 55 and then 5 percent per

2010 Law Summaries Page 47

year until the person begins drawing the pension. Effective May 16, 2010.

• PERA general retiree annual pension adjustment. Section 78 amends Minn. Stat. § 356.415 by adding a subdivision that reduces the annual post-retirement adjustment rate from 2.5 percent to 1.0 percent for the applicable PERA plan until the market value of assets of the applicable retirement plan equals or exceeds 90 per-cent of the actuarial accrued liabilities of the applicable plan in the most recent prior actuarial valuation. Effective May 16, 2010.

• PERA Police and Fire retiree annual pension adjustment. Section 79 amends Minn. Stat. § 356.415 by adding a subdivision that reduces the retiree annual adjustment for Police and Fire employees from 2.5 per-cent to 1.0 percent in 2011 and 2012. Beginning in 2013 and continuing until the market value of assets of the applicable retirement plan equals or exceeds 90 percent of the actuarial accrued liabilities of the applicable plan, the plan will provide an inflation match based on the consumer price index with a maximum not to exceed 1.5 percent per year. When 90 percent funding is reached, the plan will provide an inflation increase not to exceed 2.5 percent. Effective May 16, 2010.

• Reemployed annuitant interest earnings. Section 83 amends Minn. Stat. § 356.47, subd. 3, to modify the reemployed annuitant earnings limitation deferral inter-est rate. The annual interest rate will remain at 6 percent from the date on which the amount was deducted from the retirement annuity to the date of payment or until Jan. 1, 2011, whichever is earlier, and no interest will be paid after Jan. 1, 2011. Effective May 16, 2010.

• Study of pension alternatives. Section 86 creates a session law that directs the executive directors of MSRS, PERA, and TRA to conduct a study of alternatives to the current defined benefit plans and report to the Leg-islative Commission on Pensions and Retirement by June 1, 2011. Effective Aug. 1, 2010.

Article 2. Administrative provisions• Erroneous deduction modification. Section 11

amends Minn. Stat. § 353.27, subd. 7a to revise the errone-ous deductions provision for PERA defined contribution accounts to conform with the new erroneous mem-bership provision in section 356.99 and by authorizing transfers to defined contribution plans with 8.5 percent interest. Effective July 1, 2010.

• Health insurance premium deductions for reemployed annuitant suspended accounts. Section 12 amends Minn. Stat. § 353.37, subd. 3a to revise the reemployed annuitant provisions by clarifying that if the annuity must be suspended, amounts sufficient to cover health insurance premiums deducted under Minn. Stat. § 356.87 for retired public safety employees must continue, and the remaining amount, after deduc-

tion of these premiums, transfers to the reemployed annuitant’s savings account created under Minn. Stat. §356.47. Effective Jan. 1, 2010.

• Volunteer firefighter deferred compensation plans. Section 15 amends Minn. Stat. § 356.24, subd. 1, which is the supplemental plan restrictions exception provision, by striking language that prohibited governmental subdi-visions from making contributions on behalf of volun-teer firefighters to a deferred compensation plan in lieu of providing Social Security coverage. Effective May 16, 2010.

• Annuity repayments under wrongful termination. Section 16 amends Minn. Stat. § 356.50, subd. 4, the unlawful discharge annuity repayment provision, by deleting requirements that specified that failure to repay an annuity would make the person ineligible for rein-statement in the applicable plan as an active member. The person would not be authorized to make service credit payments and, for subsequent employment with the employer, the person would be treated as a reem-ployed annuitant. Effective May 16, 2010.

• Correction of erroneous defined benefit plan coverage. Section 17 adds a procedure to handle the situations of erroneous plan membership and deductions between defined benefit Minnesota public retirement plans. Effective July 1, 2010.

Article 5. Public Employees Retirement Association admin-istrative provisions• Definition of public employee. Sections 1 and 2

amend Minn. Stat. § 353.01, subds. 2 and 2a to revise the definition of “public employee” and “included employee” to clarify that it includes public officers not otherwise excluded by other plan provisions. Effective July 1, 2010.

• Excluded employee definitions and independent contractor clarification. Section 3 amends Minn. Stat. § 353.01, subd. 2b. It revises the definition of “excluded employee” by excluding additional specified employees from participation in the PERA General employees retirement plan, the local government correctional employees retirement plan, or the public employees Police and Fire retirement plan. The excluded groups include employees whose salary never exceeds $425 per month, city mayors, and persons serving on boards or commissions of governmental subdivisions.

This section also states that the independent con-tractor status exclusion does not apply to any individual performing a government function that by law or local ordinance is required of a public officer, including but not limited to clerk or treasurer, county auditor, county treasurer, county recorder, emergency management director, or city manager. Effective July 1, 2010, except that the exclusion for persons serving on boards and commissions is effective for persons first appointed after June 30, 2010.

Page 48 League of Minnesota Cities

• Optional membership clarification. Section 4 amends Minn. Stat. § 353.01, subd. 2d to clarify but not make substantive changes in the definitions of “optional membership.” Effective July 1, 2010.

• Overtime pay exclusion. Sections 5 and 6 amend Minn. Stat. § 353.01, subd. 16, and Minn. Stat. § 353.0161, subd. 2 to exclude overtime pay from the salary base used in obtaining allowable service credit for periodic repetitive leaves, military service leaves and var-ious authorized leaves of absence. Effective May 16, 2010.

• Reduced salary periods salary credit. Section 7 adds Minn. Stat. § 353.0162 to the PERA statutes that allows a member to purchase additional salary credit for a period during which the member is receiving a reduced salary from the employer while the member is receiv-ing temporary workers’ compensation payments related to the member’s service to the public employer, is on an authorized medical leave of absence, or is on an autho-rized partial paid leave of absence as a result of a budget-ary or salary savings program offered or mandated by a governmental subdivision. The additional salary credit payment is based on the contribution rates in the appli-cable PERA plan and the difference between the par-tial salary received during the leave or break in service and the salary, excluding overtime, received during the six-month period prior to the leave or break in service. Effective July 1, 2010. Purchase of reduced salary credit may be made for a period mandated or offered by a governmental subdivision for purposes of budget or salary savings on or after July 1, 2009.

• PERA board composition. Section 8 amends Minn. Stat. § 353.03, subd. 1, to clarify the PERA board elec-tion provision by specifying that the seat for a terminated employee must be filled by a person who is a benefit recipient rather than by a deferred annuitant and is also modified by revising board election provisions to make use of e-mail and the internet rather than being restricted to using regular mail. Effective May 16, 2010.

• Employer reporting requirements. Section 9 amends Minn. Stat. § 353.27, subd. 4 to revise the employer reporting requirements member status provision by (1) clarifying the requirements apply to all PERA plans, (2) specifying a 30-day time limit before interest will be changed on delinquent employee and employer con-tribution amounts, (3) specifying that salary deduction reports are due within 14 days of the pay date or a $5 per calendar day penalty will be applied, (4) requiring that the salary data reports must include data on reemployed annuitants and any reemployed disabilitants, (5) creating a $25 fine for failure to report membership data and (6) authorizing PERA to review employer payroll records. If the employer fails to provide the requested payroll records, the employer is responsible to pay any PERA field audit expenses, including staff salaries, administrative expenses, and travel expenses. Effective May 16, 2010.

• Adjustment for erroneous receipts or disburse-ments. Section 10 amends Minn. Stat. § 353.27 subd. 7 to revise the adjustments for erroneous receipts require-ments by removing authority to have the employer pay any employee refund and interest to the employee with the employer being compensated by a credit against future contributions; instead, the pension fund will pay the refund. Effective May 16, 2010.

• Employer exclusion reports. Section 11 amends Minn. Stat. § 353.27, subd. 10 to revise the exclu-sion report provision, which is the annual report from employers listing individuals occupying positions nor-mally covered by PERA who for various reasons are not covered by the plan, by creating a $25 fine for employer failure to provide the report. Effective May 16, 2010.

• Phased Retirement Option modifications and sunset change. Section 12 amends Minn. Stat. § 353.371, subd. 4 to revise the Phased Retirement Option (PRO) Program duration provision by permitting renewals after the person attains Social Security nor-mal retirement age and by permitting up to four renew-als. Section 27 extends the PRO Program sunset date to June 30, 2014, from the current expiration on June 30, 2011. Both sections are effective May 16, 2010.

• Defined contribution plan eligibility. Section 13 amends Minn. Stat. § 353D.01, subd. 2 to revise the Pub-lic Employees Defined Contribution Plan eligibility pro-vision by extending eligibility to elected county sheriffs who are receiving PERA Police and Fire annuities and to persons serving on boards and commissions of gov-ernmental subdivisions. Effective July 1, 2010.

• Defined contributions for eligible participants. Section 14 amends Minn. Stat. § 353D.03, subd. 1 to revise the Public Employees Defined Contribution Plan local government official contribution provision to make the provision also apply to other classes who elect this coverage, including public physicians and persons serving on boards and commissions of governmental subdivi-sions. Effective July 1, 2010.

• Defined contribution account crediting. Section 15 amends Minn. Stat. § 353D.04, subd. 1 to revise the Pub-lic Employees Defined Contribution Plan account cred-iting provision for clarity. Effective July 1, 2010.

• Authority to adopt policies correcting errone-ous contributions. Section 16 amends Minn. Stat. § 353D.04, subd. 2 to clarify the Public Employees Defined Contribution Plan authority to adopt policy provisions. Effective July 1, 2010.

• Privatized medical facilities. Section 17 revises the privatized employee chapter medical facility inclusion provision in Minn. Stat. § 353F.02, subd. 4 by adding the Chris Jenson Health and Rehabilitation Center in St. Louis County, the Douglas County Hospital Mental Health Unit, and Wheaton Community Hospital. Effec-tive May 16, 2010.

2010 Law Summaries Page 49

• Privatized eligibility determination. Section 18 revises the privatized employee chapter eligibility deter-mination procedure in Minn. Stat. § 353F.025, subd. 1 by defining “net loss” to be where the actuarial accrued lia-bility of the special benefit coverage provided under this chapter, if extended to the applicable employees under the privatization, is more than the actuarial gain other-wise to accrue to the plan. Effective May 16, 2010.

• Privatized employees recommendations to the Legislature. Section 19 revises the privatized employee chapter recommendation to Legislature provision in Minn. Stat. § 353F.025, subd. 2 by clarifying that recom-mendations to add privatized entities to plan coverage can be made as part of the PERA administrative bill and by permitting inclusion of entities that are expected to create an actuarial loss to PERA if the employer agrees to provide a lump sum payment, with interest, to PERA sufficient to eliminate the computed net loss. Effective May 16, 2010.

• Right to review. Section 20 amends the appeals pro-cedure right to review provision in Minn. Stat. § 356.96, subd. 2 by stating that determinations are made by the plan’s “chief administrative officer” rather than the plan “administration.” Effective May 16, 2010.

• Notice of determination. Section 21 revises the appeals procedure notice of determination provision in Minn. Stat. § 356.96, subd. 3 by requiring a statement of all materials the person wants the board to review to be filed with the board 15 days rather than 30 days before the hearing date, and by removing a requirement that the individual must be supplied with a copy of this sec-tion of law. Effective May 16, 2010.

• Petition for review. Section 22 amends the appeals procedure petition for review provision in Minn. Stat. § 356.96, subd. 5 by replacing the term “executive direc-tor” with “chief administrative officer.” Effective May 16, 2010.

• Notice of hearing. Section 23 amends the appeals procedure notice of hearing provision in Minn. Stat. § 356.96, subd. 7 by removing any time requirements for scheduling review of a petition; by requiring that the chief administrative officer mail an acknowledgement of the person’s petition 30 days rather than 15 days before the hearing date; by requiring all materials the petitioner wishes the board to review be submitted at least 15 days rather than 30 days before the hearing; and by permit-ting the chief administrative officer to reschedule a hear-ing review within “a reasonable time,” rather than within 60 days. Effective May 16, 2010.

• Appeal procedure record of review. Section 24 amends the appeals procedure record of review provision in Minn. Stat. § 356.96, subd. 8 to clarify the provision and by allowing the applicable board to permit any addi-tional document or information the petitioner requests

at any time, with the consent of the board, rather than at least five days before the hearing. Effective May 16, 2010.

Article 6. Voluntary Statewide Lump-Sum Volunteer Firefighter Retirement PlanArticle 6 makes mostly technical changes to the laws gov-erning the Voluntary Statewide Lump-Sum Volunteer Firefighter Retirement Plan that was created by the 2009 Legislature.• Eligibility to participate clarified. Section 1 amends

Minn. Stat. § 69.051, subd. 3 by clarifying that each municipality that has an organized fire department and provides retirement coverage to its firefighters through the Voluntary Statewide Lump-Sum Volunteer Fire-fighter Retirement Plan under Chapter 353G qualifies to have fire state aid transmitted to and retained in the Statewide Lump-Sum Volunteer Firefighter Retirement Fund without filing a detailed financial report if the executive director of PERA certifies compliance by the municipality. Effective retroactively to Jan. 1, 2010.

• Initial benefit level determination clarified. Section 2 amends Minn. Stat. § 353G.05, subd 2 to clarify deter-mination of the initial benefit level for transferring defined contribution volunteer fire relief associations into the statewide plan. Effective retroactively to Jan. 1, 2010.

• Municipal asset transfer provision eliminated. Section 3 eliminates a provision in Minn. Stat. § 353G.06, subd. 1 that provided a special additional municipal asset transfer. Effective retroactively to Jan. 1, 2010.

• Conditions for mandatory additional employer contribution provided. Section 4 amends Minn. Stat. § 353G.08 by providing that if the executive director of PERA determines that an account in the Voluntary State-wide Lump-Sum Volunteer Firefighter Retirement Plan has insufficient assets to meet the service pensions deter-mined payable from the account, the executive director must certify the amount of the potential service pension shortfall to the municipality or municipalities, and the municipality or municipalities must make an additional employer contribution to the account within 10 days of the certification. The section also includes language that allows disability pension coverage through an insurance arrangement. Effective retroactively to Jan. 1, 2010.

• Interest earnings specified. Section 5 amends Minn. Stat. § 353G.09, subd. 3 by providing that if retirement coverage prior to statewide retirement plan coverage was provided by a defined contribution plan volunteer fire-fighters relief association, the alternative lump-sum ser-vice pension is an amount equal to the person’s account balance as of the date immediately prior to the date on which statewide retirement plan coverage was first pro-vided to the person plus 6 percent annual compound interest from that date until the date immediately prior to the date of retirement. Effective retroactively to Jan. 1, 2010.

Page 50 League of Minnesota Cities

• Number of benefit levels expanded. Section 6 amends Minn. Stat. § 353G.11, subd. 1 by expanding the number of pension levels allowed in the Voluntary State-wide Lump-Sum Volunteer Firefighter Retirement Plan. Service pension levels are amended by eliminating one service pension level ($750), by adding five new service pension levels ($600, $700, $800, $900, and $1,250). Sec-tion 7 of the article grandparents any fire department that recently selected the eliminated $750 service pen-sion level. Effective July 1, 2010.

• Disability coverage authorized. Section 8 creates Minn. Stat. § 353G.115, which provides that if the PERA Board approves the arrangement, disability cov-erage for statewide retirement plan members may be provided through a group disability insurance policy obtained from an insurance company licensed to do business in this state. Effective retroactively to Jan. 1, 2010.

• Transfer of fire state aid requirement clarified. Section 9 amends Minn. Stat. § 424A.08 by providing that a municipality that has no volunteer firefighters’ relief association directly associated with it and that par-ticipates in the Voluntary Statewide Lump-Sum Volun-teer Firefighter Retirement Plan under Chapter 353G must transmit any fire state aid that it receives to the Voluntary Statewide Lump-Sum Volunteer Firefighter Retirement Fund. Effective retroactively to Jan. 1, 2010.

Articles 11 and 12: Administrative consolidation of MERF into PERA. Articles 11 and 12 provide for the administrative consoli-dation of the Minneapolis Employees Retirement Fund (MERF) into PERA General. The MERF system, which has been closed to new employees since July 1, 1978, includes employees of the City of Minneapolis, the Min-neapolis School District, Hennepin County, the Metropol-itan Council, the Metropolitan Airports Commission, and the Minnesota State Colleges and Universities system.

MERF will be maintained as a separate account within PERA and the administrative consolidation will not shift funding responsibilities or liabilities to the PERA General plan. The financial obligations of the MERF plan will be covered through increased contributions from Minneapolis, other employers with MERF participants, and also the state. The consolidation requires a minimum annual payment from the employers of $27 million and a maximum not to exceed $34 million. The consolida-tion also includes an annual state contribution increase of $13.75 million for FY 2012 and FY 2013, which would increase to $15 million beginning in FY 2014. The state contribution to MERF would be fixed and any additional needed future contribution increase would be borne by the employers. Effective June 30, 2010.

Article 13: Volunteer firefighter relief association modificationsArticle 13 represents the work of the State Auditor’s Fire Relief Working Group. The group has convened during every legislative interim over the past several years. The group is made up of stakeholders and makes recommen-dations pertaining to legislative changes. Provisions in the legislation were recommended by consensus.• Lump sum and monthly benefit increase require-

ments consistency provided. Sections 1 and 2 amend Minn. Stat. § 69.772, subd. 6 by making municipal ratification of lump sum and monthly benefit increase requirements consistent with Minn. Stat. § 424A.02, subd. 10. Effective May 16, 2010.

• Return from service break requirements exemption provided. Section 5 amends Minn. Stat. § 424A.01, subd. 6 by exempting from the membership resumption requirements any return from service break under state or federal law. It clarifies the leave of absence and break-in-service length qualifier, and permits monthly benefit retirees to receive a service pension after a return to ser-vice. Effective May 16, 2010.

• Lump sum pension transfer to deferred compensation authorization provided. Section 6 adds a subdivision to Minn. Stat. § 424A.015. It permits the transfer of lump sum service pension amounts to the Minnesota Deferred Compensation Plan. Effective May 16, 2010.

• Credit to inactive accounts authorized. Section 7 amends Minn. Stat. § 424A.016, subd. 4 by clarifying that the defined contribution volunteer firefighter relief associations may credit investment performance to inac-tive member accounts. Effective May 16, 2010.

• Ancillary benefit limits clarified. Section 8 amends Minn. Stat. § 424A.016, subd. 7 by clarifying that the ancillary benefit level limit is the vested and non-vested account amounts, moving the payment priority provi-sions previously contained in Minn. Stat. § 424A.05, to the ancillary benefit limitation provision, clarifying when designated beneficiaries may receive a survivor benefit, and permitting a surviving spouse to waive all or part of survivor benefits in favor of a designated beneficiary if there is no surviving child. Effective May 16, 2010.

• Designated beneficiary provision modified. Sec-tion 9 amends Minn. Stat. § 424A.02, subd. 9 by moving the payment priority provisions previously contained in Minn. Stat. § 424A.05, subd. 3, to the ancillary benefit limitation provision, clarifying when designated benefi-ciaries may receive a survivor benefit, permitting a sur-viving spouse to waive all or part of survivor benefits in favor of a designated beneficiary if there is no surviving child, and permitting monthly benefit volunteer fire-fighter relief associations to limit the amount of the survivor benefit amount payable to a designated beneficiary. Effective May 16, 2010.

2010 Law Summaries Page 51

• Ratification of defined benefit relief association increase requirements consistency provided. Section 10 amends Minn. Stat. § 424A.02, subd. 10 by making municipal ratification of defined benefit relief association benefit increase requirements consistent with Minn. Stat. §§ 69.772, subd. 6 and 69.773, subd. 6. Effective May 16, 2010.

• Lump sum pension transfer to deferred compensation authorization provided. Section 11 amends Minn. Stat. § 424A.05, subd. 3 by permitting transfers of lump sum pension amounts to the Minnesota Deferred Compensation Plan in the authorized disburse-ments of the relief association special fund, and clarify-ing that the 1988 purchase of insurance carrier annuity authority and 1993 transfer to individual retirement account authority are authorized special fund disburse-ments. Effective May 16, 2010.

• Correction of erroneous special fund deposits authorized. Section 12 adds a subdivision to Minn. Stat. § 424A.05. It permits the state auditor to order the correction of erroneous special fund deposits if made in good faith and if consistent with state and federal law. Effective May 16, 2010.

(GC/AF)

PUBLIC FINANCE

Securities lending and qualified safekeepers Chapter 234 (HF 3065*/SF 2590) and Chapter 385 (HF 3787*/SF 3323), section 4 amend Minn. Stat. § 118A.05, dealing with securities lending agreements for local governments, by removing the language stating “its principle executive office” in Minnesota, and broadens for any financial institution that has a home office or branch in Minnesota. The intent of this legislation as it moved through the process was to allow for credit unions to use it as well, although that was missed in the final floor votes—hence, the need for the revisor’s bill (Chapter 385).

Chapter 234 also amends 118A.06 to allow brokers the ability to hold securities to the extent they have Securities Investor Protection Corporation (SIPC) or excess SIPC coverage. This would be consistent with the approach taken by the Government Accounting Standards Board (GASB). This change will increase the number of broker-dealers that can legitimately be used to safeguard securities (meaning investments, contracts, and agreements). Effective Aug. 1, 2010. (JO)

Metropolitan Council best value contracting authorizedChapter 273 (HF 3286*/SF 3005) adds a subdivision to Minn. Stat. § 473.129. It authorizes the Metropolitan Council to use a “best value” method for procurement of

transit vehicles. The method must take price into account but can also consider other criteria for awarding a purchas-ing contract, such as quality and vendor performance. The solicitation for the procurement contract using best value selection must identify the factors used and their relative importance. Effective April 27, 2010, and applies retroactively to appropriate transit vehicle procurement activities since Sept. 1, 2009. (AF)

Local impact note process expandedChapter 306 (HF 3748/SF 3325*) expands the current local impact note process under Minn Stat. § 3.987 and particularly those that can request such analysis of legisla-tion. This addition would include the chairs and ranking minority members of the Finance and Ways and Means committees. Previously, only tax chairs were allowed to make such requests. Upon completion of the note by the Minnesota Department of Management and Budget, the note must then go to those chairs, minority members and authors of the proposed legislation. Effective Aug. 1, 2010. (JO)

PUBLIC SAFETY

Public safety provisions in the 2010 omnibus bonding billChapter 189 (HF 2700*/SF 2360) is the 2010 omnibus bonding bill. It contains the following public safety provisions:• Emergency management training facility funded.

Section 14, subd. 2, provides $6 million to the Depart-ment of Administration to design, construct, furnish, and equip an emergency vehicle operator’s course at Camp Ripley. Nonmilitary public safety personnel from Minnesota must be given access to the facility. Effective March 15, 2010.

• State emergency operations center funded. Section 14, subd. 3 provides $2.25 million to the Depart-ment of Administration to predesign and design a new state emergency operations center in Arden Hills. The commissioner of the Department of Administration must consult with the commissioner of the Department of Public Safety in the predesign and design. This appropria-tion is not available until the commissioner has reported to the chairs and ranking minority members of the House of Repre-sentatives and Senate committees with jurisdiction over public safety policy and finance, capital investment, finance, and ways and means, how the Arden Hills site will be adequately acces-sible in the event of a disaster that adversely affects major transportation corridors.

• Minnesota Emergency Response and Industry Training Center (MERIT) funded. Section 14, subd. 6 provides $1 million for a grant to the city of Marshall to acquire land, predesign, design, construct, furnish, and equip the expansion of the MERIT Center in Marshall,

Page 52 League of Minnesota Cities

Lyon County. The project includes acquiring approximately 80 acres of land for expanded facilities that will include a driving course, classrooms and offices, skid pad, and training simulators for driving, hand gun shooting, and driving education. This appropriation is not available until the commissioner of the Department of Admin-istration determines that at least an equal amount is committed to the project from non-state sources.

• ARMER Radio System correctional facilities migration funded. Section 20, subd. 3 provides $5.8 million to design, construct, furnish, and equip the Allied Radio Matrix for Emergency Response (ARMER) system migration into all state correctional facilities, including, but not limited to, building and radio site improvements, installation of fixed antenna systems and repeaters, and installation of master control dispatch console equipment. Effective March 15, 2010. (AF)

Collection of fees under license reinstatement diversion pilot program extendedChapter 197 (HF 3321/SF 2946*) amends Laws 2009, ch. 59, article 3, section 4, subd. 9. It clarifies that the drivers’ licenses reinstatement diversion pilot projects created in 2009 may accept program participants until June 30, 2011, and may collect the required license rein-statement fees and program costs until Dec. 31, 2012. Effec-tive March 27, 2010. (AF)

Public safety provisions included in the first supplemental budget billChapter 215 (HF 1671*/SF 3223) is the supplemental budget bill that was enacted in April. Article 11 contains appropriations and budget cuts for the following state gov-ernment entities: Supreme Court, Court of Appeals, Trial Courts, Tax Court, Uniform Laws Commission, Board of Judicial Standards, Board of Public Defense, Department of Public Safety, Peace Officers Standards and Training (POST) Board, Department of Human Rights, Sentenc-ing Guidelines Commission, Private Detective Board, and Department of Corrections. The article also makes various policy changes that affect public safety funding. Below are provisions that may be of interest to cities:• Supreme Court and Civil Legal Services funding

reduced. Article 11, section 3 reduces funds for Supreme Court operations by $339,000 for FY 2010 and by $688,000 for FY 2011. The section also reduces Civil Legal Services funds by $140,000 for FY 2010 and by $284,000 for FY 2011.

• Court of Appeals funding reduced. Article 11, section 4 reduces the Court of Appeals FY 2010 appro-priation by $107,000 and the FY 2011 appropriation by $217,000.

• Trial Courts funding reduced. Article 11, section 5 reduces the Trial Courts FY 2010 appropriation by $2.732 million and the FY 2011 appropriation by $5.549 million. The provision requires that existing drug courts be maintained at their current levels.

• Tax Court funding reduced. Article 11, section 6 reduces the Tax Court FY 2010 appropriation by $12,000 and the FY 2011 appropriation by $25,000.

• Uniform Laws Commission funding reduced. Article 11, section 7 reduces the Uniform Laws Com-mission FY 2011 appropriation by $2,000.

• Board of Judicial Standards funding reduced. Article 11, section 8 reduces the Board of Judicial Stan-dards FY 2010 appropriation by $10,000 and the FY 2011 appropriation by $14,000.

• Board of Public Defense funding reduced. Article 11, section 9 reduces the Board of Public Defense FY 2010 appropriation by $591,000 and the FY 2011 appropriation by $1.302 million.

• Department of Public Safety (DPS) funding modified. Article 11, section 10 makes the following modifications to DPS appropriations for FY 2010 and FY 2011:oReduces the FY 2010 emergency management appro-

priation by $29,000 and appropriates $1.543 million in FY 2011.

oAppropriates $1.6 million for FY 2011 to provide state match for federal disaster assistance.

oReduces the general fund FY 2010 appropriation by $29,000 and the FY 2011 appropriation by $57,000.

oReduces the Bureau of Criminal Apprehension FY 2010 appropriation by $539,000 and the FY 2011 appropriation by $1.075 million and prohibits the commissioner from eliminating or leaving open foren-sic scientist positions in order to balance the budget.

oAppropriates $2 million from the Fire Safety Account to fund fire safety training. This is a onetime appro-priation.

oReduces the gambling and alcohol enforcement FY 2010 appropriation by $25,000 and the FY 2011 appropriation by $49,000.

oReduces the Office of Justice Programs FY 2010 appropriation by $445,000 and the FY 2011 appropri-ation by $902,000. Of the FY 2011 reduction, fund-ing for the following programs must not be reduced by more than 1.5 percent: (1) battered women shelters, (2) general crime victims, (3) sexual assault victims, and (4) youth intervention programs.

• Sentencing to Service programs funding reduced. Article 11, sections 13 and 19 make changes to Sentenc-ing to Service programs. Section 13 directs the com-missioner of the Department of Corrections to fund the

2010 Law Summaries Page 53

equivalent of 25 percent of state-funded Sentencing to Service programs. Section 19 authorizes county boards to charge fees to sentencing to service participants as well as to entities that benefit from the sentencing to service crews’ labor.

• Fire Safety Account funds transferred to general fund. Article 11, sections 15 and 16 pertain to transfers from the Fire Safety Account to the general fund. Section 15 transfers $9,268 million in FY 2010 and $5,968 million in FY 2011 from the Fire Safety Account to the general fund. Section 15 adds repayment of the transfers from the Fire Safety Account as a sixth priority for a positive budget balance.

• Police pursuit training renewal period extended. Article 11, section 18 extends the renewal period for police pursuit training from three to four years.

Effective July 1, 2010. (AF)

Bicycles authorized to proceed through red lights under certain circumstancesChapter 232 (HF 2616*/SF 2453) amends Minn. Stat. § 169.06, subd. 9 by adding bicycles to the law that allows motorcycles to proceed through red lights under limited circumstances. All of the following circumstances must exist for a bicycle to proceed through a red light: • The bicycle has been brought to a complete stop.• The signal shows red for an unreasonable time.• The signal is apparently malfunctioning or, if vehicle-

activated, has not detected the bicycle. • No other vehicle or person is approaching on the street

or is near enough to pose a hazard.

Effective April 16, 2010. (AF)

Predatory offender registration modified to address registrants living in homeless sheltersChapter 251 amends Minn. Stat. § 243.166, subd. 1a and 3. • Offenders prohibited from listing homeless shelter

as primary address. Section 1 prohibits predatory offenders from listing homeless shelters that provide temporary living accommodations as either their pri-mary or secondary address. This change will prevent homeless predatory offenders from avoiding the strict registration requirements that the law places on preda-tory offenders who lack a primary or secondary address. Effective July 1, 2010, and applies to individuals required to register as predatory offenders on or after that date.

• Duty to register upon return to state clarified. Section 2 clarifies that a person’s duty to register is reac-tivated when the person returns to the state after having lived outside of the state, assuming the person’s regis-tration period was not expired. Effective April 16, 2010. (AF)

Viewing, transportation, and removal of a dead human body provisions modifiedChapter 262 (HF 3151*/SF 2903) amends several sections of Minn. Stat. 149. It provides that persons listed in current statute as next-of-kin have the right to control the dead human body. It removes certain embalming requirements and permits refrigeration or use of dry ice. Effective Aug. 1, 2010. (AF)

Peace officer authorized to transport a child to a shelter care facilityChapter 281 (HF 3391*/SF 2999) is an act pertaining to children in need of protective custody. Section 3 of Chap-ter 281 amends Minn. Stat. § 260C.175, subd. 1 by adding that a peace officer who takes a runaway into custody may transport the child to a shelter care facility. Effective Aug. 1, 2010. (AF)

Wireless providers required to release user location information to law enforcementChapter 342 (HF 2639*/SF 2470) is known as the “Kelsey Smith Act.” It creates Minn. Stat. § 237.82 and Minn. Stat. § 237.83. • Definitions provided. Minn. Stat. 237.82 provides the

following definitions:o“Call location information” means information indi-

cating the geographical location of a telecommunica-tions device.

o“Law enforcement agency” means: (1) a unit of state or local government that is authorized by law to grant full powers of arrest and to charge a person with the duties of preventing and detecting crime and enforc-ing the general criminal laws of the state; and (2) sub-ject to the limitations in Minn. Stat. § 626.93, a law enforcement agency of a federally recognized tribe, as defined in United States Code, title 25, section 450b(e).

o“Wireless telecommunications service provider” means a provider of commercial mobile radio services, as that term is defined in United States Code, title 47, section 332, subsection (d), including all broadband personal communications services, wireless radio telephone services, geographic area specialized and enhanced specialized mobile radio services, and incumbent wide area specialized mobile radio licensees, that offers real-time, two-way voice service interconnected with the public switched telephone network and that is doing business in this state.

• Call location information release required. Minn. Stat. § 237.83 requires a wireless telecommunications provider to provide call location information for a user

Page 54 League of Minnesota Cities

upon written request of a law enforcement agency. The law enforcement agency may request the information to assist them in responding to an emergency situation that involves the risk of death or serious physical harm to the user. The wireless provider is required to estab-lish protocols for responding to these requests. As long as the wireless provider acts in good faith and consistently with the requirements of law, the provider is not subject to civil liability for releasing a user’s location informa-tion. The Bureau of Criminal Apprehension is required to collect contact information for each wireless provider doing business in the state, including providers accept-ing jurisdiction in the state, and to provide the contact information to public safety answering points on a quar-terly basis.

Effective Aug. 1, 2010. (AF)

Multijurisdictional gang and drug task forces regulatedChapter 383 (HF 2965/SF 2725*) makes substantive changes to laws governing multijurisdictional gang and drug task forces, criminal gang investigative databases, and use of data in the Comprehensive Incident-Based Report-ing System (CIBRS).• Violent Crime Coordinating Council established.

Section 1 creates Minn. Stat. § 299A.642. It establishes the Violent Crime Coordinating Council to provide guidance related to the investigation and prosecution of gang and drug crime. Membership in the council includes representatives of the Department of Correc-tions, the Bureau of Criminal Apprehension, the attor-ney general, chiefs of police, sheriffs, the United States attorney for the district of Minnesota, county attorneys, citizens, and tribal peace officers. The section specifies duties and authority of the council, including develop-ment of operating procedures and policies for multijuris-dictional gang and drug task forces. It also provides that a multijurisdictional entity must be certified annually by the commissioner of the Department of Public Safety and that each entity must have an operational supervisor. Effective Aug. 1, 2010.

• Data system audit requirements modified. Section 2 amends Minn. Stat. § 299C.091, subd. 4 by providing that an audit of data in the Criminal Gang Investigative Data System must be conducted at least every three years and that the audits may be conducted in conjunction with federal audits to the extent they overlap. Effective Aug. 1, 2010.

• CIBRS policies modified. Section 3 amends Minn. Stat. § 299C.40, subd. 2. It provides that data from CIBRS must be available to law enforcement for pur-poses of the serving process in a criminal case, to inform officers of possible safety issues before serving, to enforce no contact orders, to locate missing persons, or to con-

duct background investigations. Effective Aug. 1, 2010.• Metro Gang Strike Force dissolved. Section 5 is a

2010 session law that dissolves the Metro Gang Strike Force. Effective July 1, 2011.

• Criminal intelligence database work group cre-ated. Section 6 requires the superintendent of the Bureau of Criminal Apprehension to convene a work group of stakeholders to discuss issues and laws pertaining to crimi-nal intelligence databases and make recommendations on proposed legislative changes for the classification, storage, dissemination and use of criminal investigative data. Mem-bership in the work group includes representatives of the Minnesota Coalition on Government Information, sher-iffs, police chiefs, police and peace officers, the American Civil Liberties Union, the Minnesota Newspaper Asso-ciation, the National Association for the Advancement of Colored People, the Board of Public Defense, county attorneys, city attorneys, and citizens. The task force must submit an executive summary to the Legislature by Feb. 1, 2011. Effective Aug. 1, 2010.

• Gang and Drug Oversight Council repealed. Section 8 repeals Minn. Stat. § 299A.641, the statute that established the Gang and Drug Oversight Council. The council will be replaced by the Violent Crime Coordi-nating Council as described in section 1 of the chapter. Effective Dec. 31, 2010. (AF)

STATE SUPPLEMENTAL BUDGET

Supplemental budget billChapter 215 (HF 1671*/SF 3223), the first supplemen-tal budget-balancing bill, reduced net state expenditures by $312.3 million for the remainder of the FY 2010-2011 biennium through a mix of budget reductions, revenue increases, and fund transfers. The table below shows the budget modifications by broad area of the state budget. (GC)

Budget adjustments (in thousands)2010 2011 Total

Higher Education +$1,427 -$48,427 -$47,000

Envireonment and Natural Resources

-6,626 -17,424 -24,050

Energy -5,883 -17,836 -23,719

Agriculture & Vets’ Affairs

-2,780 -4,220 -7,000

Economic Development -8,757 -7,553 -16,310

Transportation -0- -14,500 -14,500

Public Safety -15,726 -19,697 -35,423

State Government -3,799 -29,198 -32,997

Tax Aids and Credits -0- -111,279 -111,279

Total -$42,144 -$270,134 -$312,278

2010 Law Summaries Page 55

Article 3. Environment and natural resources• PCA reductions and fund transfers. Section 3

adjusts spending to a number of Minnesota Pollution Control Agency (PCA) program areas, including $100,000 in stormwater compliance grants, $258,000 in reductions to clean water partnership grants, and a $9,000 reduc-tion in community technical assistance. It also transfers $8 million out of the closed landfill cleanup fund, to be repaid with interest by the general fund with $4 million in 2013 and $4 million in 2014. That temporary fund transfer is a major component in avoiding other envi-ronmental fee increases and program cuts, but obviously creates an obligation on the general fund in the future, as the fund is needed to provide ongoing management of closed landfills that are now under perpetual care by the state.

• BWSR reductions. Section 5 reduced appropriations to the Board of Water and Soil Resources (BWSR). Most of the funds channeled through BWSR go to local governments as cost-share grants. Funding to natural resources block grants to local governments was reduced by $534,000, with another $1.7 million eliminated from various clean water and flood relief appropriations from previous budget appropriations.

• Metropolitan Council environmental reductions. Section 6 reduced funding for metropolitan parks and trails by $240,000.

Effective April 2, 2010 (CJ)

Article 4. Energy• Workers’ Compensation Assigned Risk Plan transfer.

Section 7 requires a transfer of $14 million from the workers’ compensation assigned risk plan to the state’s general fund. The Assigned Risk Plan provides workers’ compensation insurance to employers who are rejected for coverage in the private insurance market. The Assigned Risk Plan is funded partly by an assessment of one-quarter of 1 percent on all workers’ compensation premiums. Effective June 30, 2010. (GC)

Article 7. Economic development• Department of Employment and Economic

Development expenditures. Section 3 makes a vari-ety of cuts in the appropriations for the department, many affecting workforce development programs. Subdi-vision 6 transfers from the petroleum tank release clean-up fund, $2.5 million for 2010 and $2.5 million for 2011, to the state’s general fund.

• Housing Finance Agency. Section 11, subd. 2 reduces the appropriation for the affordable rental investment fund within the Minnesota Housing Finance Agency by $2.061 million for 2010 and $1.156 million for 2011.

• Explore Minnesota Tourism. Section 13 makes reductions in the appropriation for the programming at Explore Minnesota Tourism by $251,000 for 2010 and $300,000 for 2011.

• Minnesota Historical Society. Section 14 reduces the appropriation by $210,000 in 2010 and $490,000 in 2011 for programming within the Minnesota Historical Society.

Effective April 2, 2010. (JO)

Article 8. Miscellaneous economic development• Contamination Cleanup Grant expenditures. Sec-

tion 1 reduces the appropriation to the contamination cleanup grants program to $3.7 million per year for fis-cal years 2010 and 2011, which is an annual $2.5 million reduction in the previous appropriation. Effective July 1, 2010. (JO)

• Building permit surcharge increase. Section 10 authorizes the Department of Labor and Industry to temporarily impose an increased permit surcharge to defray the costs of administering the State Build-ing Code under Minn. Stat. § 326B.101 to § 326B.194. Currently, the surcharge is the greater of one-half mill (.0005) of the permit fee or 50 cents. Under the change, the amount is increased to the greater of one-half mill (.0005) of the fee or $5.00. The surcharge increase is imposed on all permits issued by municipalities in con-nection with the construction of or addition or altera-tion to buildings and equipment or appurtenances. Effective from July 1, 2010, through June 30, 2011. (CJ)

Article 10. TransportationArticle 10 appropriates an additional $115.3 million in fis-cal year 2011 for the Minnesota Department of Transpor-tation (MnDOT).• Multimodal systems funding reduced. Article 10,

section 2, subd. 2 reduces the fiscal year 2011 general fund appropriations by $1.7 million for Greater Min-nesota transit and $50,000 for freight and commercial vehicle operations.

• State road funding increased. Article 10, section 2, subd. 3 appropriates $112 million in fiscal year 2011 for trunk highway construction, which reflects an increase in the formula-based apportionment of federal aid to Minnesota. It appropriates $5 million to a new account for federal emergency relief.

• Metropolitan Council bus operation funding reduced. Article 10, section 4 reduces the fiscal year 2011 appropriation from the general fund by $12.9 mil-lion for bus operations for the Metropolitan Council.

Page 56 League of Minnesota Cities

• Trunk highway emergency relief account established. Article 10, section 5 establishes a new account for using emergency funds for trunk high-way work, where the funds would be reimbursed by the federal government. It creates a standing appro-priation of the money for emergency relief efforts, and requires transfer of any fund balance above $10 million to the Trunk Highway Fund. It requires a report on the account in 2012 and even numbered years after that.

Article 10 is effective July 1, 2010. (AF)

Article 11. Public SafetyArticle 11 contains appropriations and budget cuts for the following state government entities: Supreme Court, Court of Appeals, Trial Courts, Tax Court, Uniform Laws Commission, Board of Judicial Standards, Board of Public Defense, Department of Public Safety, Peace Officers Stan-dards and Training Board, Department of Human Rights, Sentencing Guidelines Commission, Private Detective Board, and Department of Corrections. The article also makes various policy changes that affect public safety fund-ing. Below are provisions that may be of interest to cities:• Supreme Court and Civil Legal Services funding

reduced. Article 11, section 3 reduces funds for Supreme Court operations by $339,000 for FY 2010 and by $688,000 for FY 2011. The section also reduces Civil Legal Services funds by $140,000 for FY 2010 and by $284,000 for FY 2011.

• Court of Appeals funding reduced. Article 11, section 4 reduces the Court of Appeals FY 2010 appro-priation by $107,000 and the FY 2011 appropriation by $217,000.

• Trial Courts funding reduced. Article 11, section 5 reduces the Trial Courts FY 2010 appropriation by $2.732 million and the FY 2011 appropriation by $5.549 million. The provision requires that existing drug courts be maintained at their current levels.

• Tax Court funding reduced. Article 11, section 6 reduces the Tax Court FY 2010 appropriation by $12,000 and the FY 2011 appropriation by $25,000.

• Uniform Laws Commission funding reduced. Article 11, section 7 reduces the Uniform Laws Com-mission FY 2011 appropriation by $2,000.

• Board of Judicial Standards funding reduced. Article 11, section 8 reduces the Board of Judicial Stan-dards FY 2010 appropriation by $10,000 and the FY 2011 appropriation by $14,000.

• Board of Public Defense funding reduced. Article 11, section 9 reduces the Board of Public Defense FY 2010 appropriation by $591,000 and the FY 2011 appropriation by $1.302 million.

• Department of Public Safety (DPS) funding modified. Article 11, section 10 makes the following modifications to DPS appropriations for FY 2010 and FY 2011:oReduces the FY 2010 emergency management appro-

priation by $29,000 and appropriates $1.543 million in FY 2011

oAppropriates $1.6 million for FY 2011 to provide state match for federal disaster assistance.

oReduces the general fund FY 2010 appropriation by $29,000 and the FY 2011 appropriation by $57,000.

oReduces the Bureau of Criminal Apprehension FY 2010 appropriation by $539,000 and the FY 2011 appropriation by $1.075 million and prohibits the commissioner from eliminating or leaving open foren-sic scientist positions in order to balance the budget.

oAppropriates $2 million from the Fire Safety Account to fund fire safety training. This is a onetime appro-priation.

oReduces the gambling and alcohol enforcement FY 2010 appropriation by $25,000 and the FY 2011 appropriation by $49,000.

oReduces the Office of Justice Programs FY 2010 appropriation by $445,000 and the FY 2011 appropri-ation by $902,000. Of the FY 2011 reduction, fund-ing for the following programs must not be reduced by more than 1.5 percent: (1) battered women shelters, (2) general crime victims, (3) sexual assault victims, and (4) youth intervention programs.

• Sentencing to Service programs funding reduced. Article 11, sections 13 and 19 make changes to Sentenc-ing to Service programs. Section 13 directs the com-missioner of the Department of Corrections to fund the equivalent of 25 percent of state-funded Sentencing to Service programs. Section 19 authorizes county boards to charge fees to sentencing to service participants as well as to entities that benefit from the sentencing to service crews’ labor.

• Fire Safety Account funds transferred to general fund. Article 11, sections 15 and 16 pertain to transfers from the Fire Safety Account to the general fund. Section 15 transfers $9,268 million in FY 2010 and $5,968 million in FY 2011 from the Fire Safety Account to the general fund. Section 15 adds repayment of the transfers from the Fire Safety Account as a sixth priority for a positive budget balance.

• Police pursuit training renewal period extended. Article 11, section 18 extends the renewal period for police pursuit training from three to four years.

Effective July 1, 2010. (AF)

2010 Law Summaries Page 57

Article 12. State government• Other post-employment benefits (OPEB) account

maintenance. Section 30 delays the annual portfo-lio and performance information electronic reporting requirement to the state auditor for trust administra-tors of public OPEB trust accounts until the fiscal year beginning after Dec. 31, 2013. Currently, the electronic reporting requirement was effective beginning with the first fiscal year beginning after Dec. 31, 2009. Effective ret-roactively from Dec. 31, 2009. (GC)

• Help America Vote Act (HAVA). Section 32 provides that if the secretary of state determines the state is eli-gible for additional HAVA payments, the secretary must certify the amount needed to meet federal matching requirements. The certification must specify the portion of the match that should be taken from an unencum-bered general fund appropriation to the secretary of state not designated for another purpose. Section 32 also requires Minnesota Management and Budget (MMB) to transfer the specified amount to the HAVA account upon this certification, or as soon as an unencumbered general fund appropriation becomes available. Effective April 2, 2010, and expires June 30, 2011. (AH)

Article 13. Property tax aids and credits• Extension of Green Acres withdrawal deadline.

Section 1 extends the deadline from May 1, 2010, to Aug. 16, 2010, for taxpayers to withdraw non-productive agricultural lands from the Green Acres program with-out payment of back taxes. Effective for property withdrawals after April 30, 2010.

• MVHC reductions made permanent. Section 2 provides for a permanent annual reduction in each juris-diction’s market value credit reimbursements beginning in 2011 equal to its total loss in market value credit reimbursements in pay 2010 from the governor’s January 2010 unallotment. This affects reimbursements to cities and towns only and the total reduction in reimburse-ments is $30.2 million annually. Effective for taxes payable in 2011 and thereafter.

• Special levies for aid losses expanded. Section 3 expands the current special levy for aid and credit losses due to unallotment in the previous year, after levies are certified, to include losses due to legislative action as well. Section 3 also makes a technical correction to a special levy for reductions in market value credit reim-bursements. Effective for taxes payable in 2011 and thereafter.

• City of Houston aid base. Section 4 makes an extra city base payment in 2011 only, of $106,964 to the City of Houston to compensate the city for its 2008, 2009, and 2010 unallotments. All cities with a 2007 popula-tion less than 1,000 were exempt from unallotment in

2008, and cities under 1,000 in population and less than the average tax base per capita were exempt in 2009 and 2010. The population of the City of Houston exceeded 1,000 for 2007 but dropped below 1,000 for 2008. The additional payment is made out of the existing city LGA appropriation. Effective for LGA paid in 2011 only.

• City aid distribution. Section 5 defines 2010 “total aid,” which is used to calculate maximum and minimum aid amounts in the following year to be the 2010 certi-fied aid amount minus any aid loss. Effective for aids pay-able in calendar year 2011 and thereafter.

• Additional 2010 aid and credit reductions. Section 6 defines the 2010 aid and credit reductions to cities and counties. For each city, the reduction is equal to 3.4287 percent of the city’s levy plus LGA and taconite aid with a maximum loss of $28 per capita. For each county, the aid reduction is computed as 1.82767 percent of the county’s 2010 levy plus aid. The computed reductions are first taken from each city and county’s market value homestead credit reimbursement (MVHC), and then to the extent necessary from the city’s LGA or the county’s program aid distribution. Effective April 2, 2010.

• City LGA appropriation reduction. Section 7 per-manently reduces the annual city LGA appropriation by $31 million, from $558 million to $527 million begin-ning with the calendar year 2011 distribution. Effective beginning with LGA payable in 2011.

• County Program Aid reduction. Section 8 reduces the total county program aid appropriation by $43.8 mil- lion, to $197.7 million beginning with the calendar year 2011 distribution. The reduction is divided evenly between the two parts of county program aid – county need aid and county tax-base equalization aid. Effective beginning with LGA payable in 2011.

• Extension for study of aids to local governments. Section 9 changes the date by which the study group must make recommendations to the legislature from Dec. 15, 2010, to Dec. 15, 2012. Effective April 2, 2010.

• Repealer. Section 10 repeals the pay 2011 increase in LGA and county program aid in current law effective for aids payable in 2011 and thereafter. Section 10 also repeals the special timing account enacted in 2009 to recognize differences in state revenue gains and losses as a result of not conforming to federal income tax law with respect to bonus depreciation and section 179 expensing. Effective retroactively from July 1, 2009. (GC)

Special Session Chapter 1Chapter 1 of the 2010 first special session represents the final 2010-2011 budget-balancing bill. Among the provi-sions included in the bill are a voiding of the governor’s unallotments, a legislative ratification of the majority of the

Page 58 League of Minnesota Cities

governor’s original unallotment cuts, and the additional health care and human resources budget cuts.

Lawmakers entered the 2010 session with a projected $994 million budget deficit. Early in the session, the Leg-islature had reduced the problem to $535 million with the passage of the first supplemental budget bill (Chapter 215) in early April and the passage of the General Assistance Medical Care compromise.

However, a May 5 Supreme Court decision over-turned the governor’s unallotment of a state special nutri-tion program and as a result, the decision called into question the validity of the entirety of the governor’s July 2009 unallotment actions. With the Supreme Court decision, the effective size of the deficit increased by roughly $2.5 billion to a total of nearly $3 billion.

For cities, Chapter 1 of the first special session ratifies the governor’s 2009 and 2010 local government aid (LGA) and market value homestead credit (MVHC) unallotments, but does not further reduce state aids to cities or go beyond the cuts in the supplemental budget bill (Chapter 215) passed earlier during the regular session. A spreadsheet with the estimated impacts of the ratified unallotments and the cuts contained in Chapter 215 is included at the end of this booklet.

Article 1: Summary of general fund adjustmentsThe amounts shown in the table below summarize the gen-eral fund impacts of the provisions contained in Chapter 1 of the first 2010 special session laws. These figures are after fore-cast adjustments and after voiding unallotment reductions.

Budget adjustments (in thousands)FY 2010 FY 2011 Total

E-12 Education -$1,069,361 -$893,834 -$1,963,195

Higher Education -77 -100,077 -100,154

Environment and Natural Resources

-1,670 -41,661 -43,331

Energy -247 -247 -494

Agriculture -493 -492 -985

Economic Develop-ment & Housing

-745 -745 -1,490

Transportation -1,649 -11,649 -13,298

Public Safety -79 -79 -158

State Government -1,856 -41,820 -43,676

Health and Human Services

-102,242 -190,491 -292,733

Tax Aids and Credits* -103,986 -412,495 -516,481

Total -$1,282,406 -$1,693,590 -$2,975,996

* The city share of these cuts was $64 million from FY 2010, which represents calendar year 2009 payments, and $128 million from FY 2011, which represents calendar year 2010 payments.

• Unallotments voided. Section 2 voids the unallotment reductions implemented by the governor from July 1, 2009, to May 22, 2010. The majority of these voided unallotments are ratified later in this bill. By voiding the unallotments and legislatively ratifying the cuts, the Leg-islature and the governor were attempting to avoid addi-tional litigation on the unallotments and avoid additional fiscal uncertainty for the state. Effective May 22, 2010.

Article 2. State cash flow adjustments• Change in payment of aids and credits to schools.

Section 1 amends Minn. Stat. § 127A.46 to allow the commissioner of Management and Budget to option-ally use a tool that allows a delay in payments to school districts in order to avoid short-term borrowing by the state when general fund cash is not sufficient to make all payments on time. Under current law, the commissioner was required to delay these payments. The section also increases the amount of a school district’s fund balance exempt from the payment delay from $150 to $700 per pupil unit and increases the amount a district may retain in its treasury from $350 to $700 per pupil unit. Effective July 1, 2010.

• Monthly payments to the University of Minnesota. Section 2 amends Minn. Stat. § 137.025, subd. 1 to change the date for the monthly payments of appropria-tions to the University of Minnesota from the 21st to the 25th. Effective July 1, 2010.

• Distribution of state property taxes. Section 3 amends Minn. Stat. § 276.112 to require counties to dis-tribute the state property taxes to the state on the same schedule of estimated and final payments used to dis-tribute property taxes to school districts. This advances the settlement dates from the county to the state so that one-half of the current June 28 payment will be made on or about May 24, and the remaining one-half will be distributed on or about June 5. The current Dec. 2 pay-ment will be accelerated so that the first one-half of the distribution will be made on or about Oct. 24 and the second one-half will be made on or about Nov. 2. Effec-tive for property tax distributions beginning Oct. 1, 2010.

• Sales and use tax remittance acceleration. Section 4 amends Minn. Stat. § 289A.20, subd. 4 to temporarily require vendors who collect and remit $120,000 or more in sales tax revenues annually to remit payments on one of two earlier schedules. Currently, vendors must remit 100 percent of their sales tax collections by the 20th of the month following the taxable sales. Under this change, vendors can either remit 90 percent of their monthly liability on the 14th of the month after it was collected with the remainder due on the 20th of the month or they can remit by the 20th of the month an amount of the current month’s sales tax collections equal to 67 percent of the previous month’s sales tax collections with the

2010 Law Summaries Page 59

balance for the current month due on the 20th of the following month.

If a vendor chooses the second payment option, in the first month of implementation, they will be required to make a payment equal to 167 percent of the liability for the previous month’s sales. Once a vendor selects one of the accelerated payment options, they must continue to remit sales tax collections under that option as long as the law is in effect.

When the state’s cash flow account and the budget reserve account reach $350 million and $653 million respectively, the early sales tax payment requirements under this section will be eliminated and the full remit-tances will again be due on the 20th of the month fol-lowing the month in which the taxable sales occur. The law specifies that this new requirement does not affect the current June accelerated sales tax payment require-ments. Requires that all fees and other taxes reported on the same return be remitted on the same schedule as well. Effective for taxes due and payable after Sept. 1, 2010.

• Accelerated payment of monthly sales tax liability; penalty for underpayment. Section 5 imposes a penalty for underpayment of required early sales tax payments in section 4 equal to 10 percent of the under-payment amount. For vendors who select the early pay-ment on the 14th of the month, they are protected from a penalty if they make a payment equal to the lesser of 90 percent of the liability of the previous month, 90 per- cent of the liability for the same month in the previous calendar year, or 90 percent of the vendor’s average monthly liability for the previous calendar year. For ven-dors who select the early payment on the 20th of the month in which the sale occurs, they are protected from a penalty if they remit an amount equal to the lesser of 67 percent of the liability of the previous month or 67 percent of the liability for the same month in the previous calendar year. Effective for taxes due and payable after Sept. 1, 2010.

Article 13. Aids, credits, and refunds• Market value homestead credit reduction. Section 1

amends Minn. Stat. § 273.1384, subd. 6a, which was amended by Chapter 215, to remove references to unal-lotments and substitute references to the market value homestead credit (MVHC) reimbursement reductions under section 2 of this article. Effective beginning for taxes payable in 2011.

• Aid reductions for 2009 and 2010. Section 2 creates a new section Minn. Stat. § 477A.0132 that specifies the computation of reductions in LGA and MVHC reim-bursements to cities, counties, and towns for both 2009 and 2010. The methodology included in the new section mirrors the methodology used by the governor in his 2009 and 2010 aid and credit unallotments.

The ratified cuts use each city’s “2009 revenue base” as a starting point for the cuts. A city’s revenue base is equal to its 2009 certified levy plus its original certified 2009 LGA plus its 2009 certified taconite aids. The population used is the official 2007 population that was available to the commissioner of Revenue for the calcu-lation of 2009 aid payments. “Adjusted net tax capac-ity” is defined as the 2009 net tax capacity for each city computed using equalized market values. Equalized mar-ket values are computed by comparing assessor’s valua-tions to actual property sales.

The law exempts cities under 1,000 in population with a tax base below the statewide average of $1,157 per capita from any 2009 or 2010 reduction. For all other cities, the 2009 aid reduction amount is equal to 3.3127634 percent of the city’s 2009 revenue base while the 2010 reduction is equal to 7.643803025 of the city’s 2009 revenue base. The 2009 cut to any individual city cannot exceed $22 per capita and the 2010 cut cannot exceed $55 per capita. The computed 2009 and the 2010 cuts are first taken from each city’s LGA and then, to the extent necessary, from the city’s MVHC reimbursement. Effective May 22, 2010, and is retroactive for aids and credit reimbursements payable in 2009.

• County, city reductions for 2010. Section 3 modifies a provision in Chapter 215, the first supplemental budget bill enacted earlier this year, to eliminate references to “unallotments” and substitute the reference to the reduc-tions calculated under section 2 above. Effective May 22, 2010.

• Refunds and credits. Section 4 provides for temporary modifications to several existing refund and credit pro-grams, including the political contribution refund, which is temporarily suspended for the current biennium; the renter property tax refund, which for calendar year 2009 will calculate rent constituting property taxes at a rate of 15 percent rather than 19 percent provided under cur-rent law; and the sustainable forest initiative program, which will limit the program payments to a maximum of $100,000 per social security or tax identification number during fiscal years 2010 and 2011. Effective May 22, 2010.

• Validation of special levies under levy limits. Section 5 validates the special levies made to compen-sate for reductions in aids due to unallotments under Minn. Stat. § 275.70, subd. 5, clause (22) that had been approved by the Commissioner of Revenue for taxes payable in 2010 despite this law’s voiding of those unal-lotments. This section also prevents a local government from using the special levy for taxes payable in 2011 for any retroactive reduction in aids and credit reimburse-ments that would have been payable in 2008 or 2009. Effective May 22, 2010.

Page 60 League of Minnesota Cities

• Delay in payments of tax refunds. Section 6 requires the commissioner of Revenue to delay refunds of over-payments of corporate franchise tax and sales tax, including capital equipment refunds so that $152 million of these refunds are delayed until FY 2012. Effective July 1, 2010.

(GC)

TAXES

Omnibus tax bill Chapter 389 (HF 3729*/SF 3327) is the 2010 omnibus tax bill. The bill is largely based on the Minnesota Department of Revenue’s recommendations for technical and admin-istrative fixes to the state’s property, sales, and income tax systems but it also includes a variety of other legislative changes that are of interest to cities.

Article 1. Property taxes• Business incubator property sunset. Section 3

amends Minn. Stat. § 272.02, subd. 31 to extend the ter-mination of the property tax exemption for a business incubator property from 2011 to 2016. This property must be owned by a nonprofit charitable organization that qualifies for tax exemption under section 501(c)(3) of the Internal Revenue Code and must be used as a business incubator county with an unemployment rate of 7.9 percent or greater in 1997. Effective May 29, 2010.

• Leased seasonal-recreational land. Section 4 amends Minn. Stat. § 272.0213 to exempt from property taxa-tion all land that is owned by the federal government and leased for noncommercial seasonal-recreational or noncommercial seasonal-recreational residential use. The improvements on the land continue to be subject to the property tax. In 2008, state law was changed to only exempt federally-owned leased noncommercial seasonal-recreational land and noncommercial seasonal-recreational residential land if the county board adopts a resolution to exempt the land, and the land was rented for those purposes and was exempt from property taxa-tion for taxes payable in 2008. With this change, the county board approval and the 2008 exemption require-ments were eliminated. Effective beginning with taxes pay-able in 2011.

• Green Acres property transfers. Section 5 amends Minn. Stat. § 273.111, subd. 3a to provide for the tem-porary continuation of Green Acres treatment for prop-erty that would be no longer be eligible for Green Acres treatment under the 2008 changes in the Green Acres law, but was transferred from a family farm limited liabil-ity company upon its termination to a son or daugh-ter of an individual who had an ownership interest in the company. Current law provides that Green Acres treatment continues in effect for otherwise ineligible property if it is sold or otherwise transferred to a son

or daughter of the owner. However, these lands will no longer qualify for Green Acres treatment after the 2013 assessment. Effective beginning with taxes payable in 2011.

• Green Acres property valuation. Section 6 amends Minn. Stat. § 273.111, subd. 4 to allow the Commis-sioner of Revenue to consult with the Department of Applied Economics at the University of Minnesota to develop a fair and uniform method of determining the average value of agricultural land in each county for property enrolled in the Green Acres program. The values must be calculated using appropriate sales data and when appropriate, the commissioner may make reason-able adjustments to the values based on the most recent available county or regional data for agricultural produc-tion, commodity prices, production expenses, rent, and investment return. In order to determine values for indi-vidual assessment districts based on the countywide aver-age values, appropriate agricultural market and soil data may be used. Effective beginning with assessment year 2012.

• Rural preserves program. Section 7 amends Minn. Stat. § 273.114, subd. 1 to change the eligibility require-ments for property to be enrolled in the rural preserves program by requiring a conservation assessment plan rather than a conservation management plan. A conser-vation assessment plan requires all of the following: oConservation goals for the land.oUnited States Department of Agriculture field map.oA description of the soil type and quality.oAn aerial photo or map of the vegetation and other

natural features of the land clearly indicating the boundaries of the conservation land.

oThe proposed future conditions of the land.oPrescriptions to meet proposed future conditions of

the land.oA recommended timetable for implementing the pre-

scribed practices.oA legal description of the land encompassing the par-

cels included in the plan.Effective May 29, 2010.

• Rural preserves program minimum duration. Section 8 amends Minn. Stat. § 273.114, subd. 2 to reduce the minimum time that a property must be enrolled in the program to eight years from the current 10 years. Effective May 29, 2010.

• Rural preserves program covenant agreement. Section 9 amends Minn. Stat. § 273.114, subd. 5 to reduce from five years to three years the amount of time that property enrolled in rural preserves must remain in the program after notifying the assessor of intent to withdraw from the program. However, this section does not change the requirement that the property must have been enrolled for five years before a notice of intent to withdraw may be given. Effective May 29, 2010.

• Manufactured home park cooperatives. Sections 10 and 15 amend Minn. Stat. § 273.124, subd. 3a, and

2010 Law Summaries Page 61

Minn. Stat. § 273.13, subd 25 to modify the property tax treatment of land owned by a manufactured home park cooperative that qualifies for homestead treatment. Sec-tion 10 keeps the value of land distinct from the value of individual homes on the property while section 15 provides that manufactured home park cooperative land that qualifies for homestead treatment has a class rate of 0.75 percent (the same as class 4d low-income apart-ments) if more than 50 percent of the lots are occupied by shareholders in the association. If 50 percent or fewer of the lots are occupied by shareholders, the class rate is 1.0 percent. Section 10 also clarifies that this land is not eligible to receive the market value homestead credit and further provides that taxes on this land are not to be included in the determination of taxes payable for rent paid under the property tax refund program. Effective beginning with taxes payable in 2011 and thereafter.

• Homestead owned by a family farm corporation, farm venture, limited liability company, or part-nership. Section 11 amends Minn. Stat. § 273.124, subd. 8 to allow a shareholder, member, or partner of a fam-ily farm corporation, joint farm venture, limited liability company (LLC), or partnership that also has a separate agricultural homestead whose market value does not reach the maximum value of the first tier homestead class rate ($1.14 million for pay 2011), to apply the first tier class rate to property of the entity, up to the unused portion of the first tier maximum value. The property of the entity must be contiguous or if noncontiguous, located in the same township or city, or within four townships or cities, or combination thereof. Requires the owner to notify the county assessor by July 1 that a por-tion of market value may be eligible for the homestead classification for taxes payable in the following year. Effec-tive for assessment year 2010 and thereafter, for taxes payable in 2011 and thereafter.

• Special agricultural homesteads; Marshall County flood. Section 12 amends Minn. Stat. § 273.124, subd. 14 to provide that agricultural homestead land and buildings in Marshall County that were abandoned as a result of the March 2009 floods shall remain classified as agricultural homesteads for subsequent assessments if the property owner abandoned the homestead dwell-ing located on the homestead property as a result of the March 2009 floods. The property must remain under the same ownership for the current assessment year as existed for the 2008 assessment and continue to be used for agricultural purposes and the dwelling occupied by the owner is located in Minnesota and is within 50 miles of one of the parcels owned by the taxpayer. The owner must also notify the county assessor that relocation was due to the 2009 floods. Effective for assessment years 2010 and 2011, for taxes payable in 2011 and 2012.

• Homestead resort classification. Section 13 amends Minn. Stat. § 273.13, subd. 22 to provide that if an owner of property that had been classified as class 1c (homestead resort) property ceases to use that property as the own-er’s homestead, but continues to operate the property as a resort, and then begins to occupy property located within the same township as a class 1c homestead, both of these properties will be assessed as a single class 1c property. Effective for taxes payable in 2011 and thereafter.

• Property used to board horses. Section 14 amends Minn. Stat. § 273.13, subd. 23 to extend the eligibility for property used for commercial boarding of horses to qualify for agricultural classification by defining com-mercial boarding of horses to include land used for horse training and riding instruction. This section also allows commercial horse boarding and training property to be classified as agricultural if it meets the 10 acre minimum requirement and a portion of the land is devoted to grazing. Effective beginning with taxes payable in 2011.

• Classification of manufactured home park coop-erative land and marinas. Section 15 as mentioned in Section 10 above amends Minn. Stat. § 273.13, subd. 25 to provide that manufactured home park cooperative land that qualifies for homestead treatment has a class rate of 0.75 percent (the same as class 4d low-income apartments) if more than 50 percent of the lots are occupied by shareholders in the association. If 50 percent or fewer of the lots are occupied by shareholders, the class rate is 1.0 percent. This section also clarifies that property qualifies as a marina with public access if there is an access ramp on a publicly owned site that abuts the property of the marina. Qualifying marina property has a class rate of 1.0 percent on the first $500,000 and 1.25 percent on the balance. Effective for taxes payable in 2011 and thereafter.

• Notice of proposed property taxes for truth in taxation. Section 16 amends Minn. Stat. § 275.065, subd. 3 to provide that the truth-in-taxation notice sent to property owners will not be required to include a telephone number or address as the contact information for a taxing authority if the government entity has no official phone number. This change was proposed by the Minnesota Association of Townships because many townships do not have an official office phone number and therefore, to satisfy the former notice requirement these government entities have been forced to use a personal phone number. Effective for notices sent in 2010 and thereafter.

• Levy limit adjustment floor. Section 17 amends Minn. Stat. § 275.71, subd. 4 to limit the implicit price deflator (IPD) for state and local government purchases used in calculating levy limits from dropping below 0. With this change, the IPD cannot exceed 3.9 percent and now cannot be less than 0. Effective beginning with taxes levied in 2010, payable in 2011.

Page 62 League of Minnesota Cities

• Charter exemption for aid loss. Section 18 amends Minn. Stat. § 275.75 to permanently extend and mod-ify a 2003 law that authorizes the governing body of a charter city to increase its levy over a charter levy limit for aid and credit cuts resulting from unallotments imposed by the governor or statutory changes imposed by the legislature. The exemption is equal to the spe-cial levy authorizations listed in Minn. Stat. § 275.70, subd. 5, clauses 22 and 25, which allow for replacement of unalloted or legislatively-reduced LGA and MVHC reimbursements. Effective for property tax levies payable in calendar year 2011 and thereafter.

• Expanded electronic property tax payments authorized. Section 19 amends Minn. Stat. § 276.02 to expand the method of payment of property taxes by allowing the county board to authorize the county trea-surer to accept electronic payments, including, but not limited to, automated clearing house (ACH) transac-tions and federal wires. Under current law, the county board may by resolution authorize the county treasurer to accept payments of real property by credit card pro-vided that a fee is charged to cover the charge imposed and collected by the credit card company. This section also provides that all charges for dishonored payment of property taxes may be added to the tax and shall consti-tute a lien on the property. When collected, the charges shall be distributed to the county. Effective beginning with property taxes payable in 2011.

• Property tax installments. Section 20 amends Minn. Stat. § 279.01, subd. 1 to reduce from $250 to $100 the minimum property tax amount for which counties must allow payments in two installments. In 2009, the threshold was increased from $50 to $250 but taxpayer complaints about the 2009 change resulted in this year’s change. Effective beginning with taxes payable in 2011.

• Payment of delinquent property taxes, special assessments. Section 21 amends Minn. Stat. § 279.025 to allow delinquent property taxes and special assess-ments to be paid by electronic means. This change mir-rors the new electronic payment alternatives enacted in section 19. Effective beginning with property taxes payable in 2011.

• Housing improvement areas (townhomes and condominiums). Section 22 amends Minn. Stat. § 428A.12 to increase the required petition percentage to 50 percent of owners of housing units from the cur-rent 25 percent in order to file a petition requesting a public hearing and to take action proposing a housing improvement fee. A housing improvement area (HIA) is a defined area in a city in which housing improve-ments in condominium or townhome complexes may be financed with the assistance of the city, or the city’s economic development authority (EDA) or housing and redevelopment authority (HRA). Improvements made

under this law generally include improvements to the common areas such as roofing, siding, landscaping, road-ways, and walkways. An HIA can only be established at the request of the property owners of the housing units in the proposed area. Effective for petitions filed beginning July 1, 2010.

• Housing improvement areas requirements for veto. Section 23 amends Minn. Stat. § 428A.18, subd. 2 to increase the percentage of residents from 35 percent to 45 percent and the percentage of owners of the hous-ing units, based on housing units’ net tax capacity, from 35 percent to 45 percent that are required to veto a fee increase and file an objection with the city clerk before the effective date of the resolution. Effective beginning July 1, 2010.

• Metropolitan Agricultural Preserve Program application date. Section 24 amends Minn. Stat. § 473H.05, subd. 1 to extend the deadline for applica-tion to the Metropolitan Agricultural Preserve Program from March 1 to June 1 for taxes payable in the follow-ing year. Application for the program is done only when initially applying for enrollment in the program. Effective May 29, 2010, except that in 2010 the application date is extended to Aug. 1.

• Tax abatement for newly constructed residen-tial structures in flood-damaged cities. Section 26 amends Laws 2009, ch. 88, article 2, section 49 to extend the deadline for commencing construction of a struc-ture to qualify for the tax abatement for new residential structures in flood-damaged cities from Dec. 31, 2010, to Dec. 31, 2011. Effective May 29, 2010.

• Extended effective date for tax abatement for newly constructed structures. Section 27 amends Laws 2009, ch. 88, article 2, section 49 to allow struc-tures to receive the abatement for newly constructed structures in flood-damaged cities through taxes payable in 2014. This extension coincides with the extension of the date for starting construction in section 26. Effective May 29, 2010.

• Fiscal disparities study. Sections 28 and 29 are a ses-sion law that requires the commissioner of Revenue to conduct a study of the metropolitan fiscal disparities pro-gram to be completed by Feb. 1, 2012. The study must review how benefits of economic growth are shared throughout the region, especially with regard to growth resulting from state or regional decisions; the program’s impact on the variability of tax rates throughout the region; the program’s impact on the distribution of homestead property tax burdens within the region; and the relationship between the impacts of the program and overburden on jurisdictions containing properties that provide regional benefits. The study must also include a brief description of other property tax, aid, and local development programs that interact with the fiscal dis-parities program.

2010 Law Summaries Page 63

Section 29 provides for an additional levy of $100,000 on the fiscal disparities pool for taxes payable in 2011 only to provide funding for the fiscal disparities study under section 28. The proceeds of the additional levy must be transferred to the state general fund and then are subsequently appropriated to the Department of Revenue. Section 28 is effective Jan. 1, 2011 while the fund-ing provision is effective for taxes payable in 2011 only.

• Thief River Falls special airport levy authority. Section 30 is a session law that provides that if an airport authority is established for the Thief River Falls airport, the authority may choose to spread the levy on referen-dum market value rather than net tax capacity. Refer-endum market value is the market value of all property except that agricultural land and buildings and cabins generally excluded from the referendum market value. If the airport authority intends to levy on this basis, it must be stated in the joint agreement establishing the author-ity. Effective May 29, 2010, but without local approval as pro-vided under Minn. Stat. § 645.023, subd. 1, paragraph (a).

• City of St. Charles additional LGA. Sections 31 and 32 is a session law that appropriates $50,000 to the Commissioner of Revenue for an additional aid payment to the city of St. Charles to compensate for the loss of a major manufacturing facility due to a fire in April 2009. The payment is funded through an additional appropria-tion (not by reallocating the existing LGA appropriation) and will be made at the same time as the December 2010 LGA payment.

Article 2. Property tax reform, accountability, value, and efficiency provisions• Council on local results and innovation. Creates a

new statute, Minn. Stat. § 6.90.oCouncil make-up. Section 1, subd. 1 creates and

lays out the duties for the council. Subdivision 1 cre-ates the council with 11 members, including the state auditor, four persons who are not legislators that are appointed by the House Property Tax Committee, four persons who are not legislators appointed by the Senate, and one person each appointed by the Minne-sota Association of Counties and the League of Min-nesota Cities. Terms are staggered, four-year terms for knowledgeable and experienced appointees. After the initial appointments, the eight appointments made by the Legislature will be made by the council. Subdivi-sion 5 terminates the council on Jan. 1, 2020.

oDuties. Subdivision 2 states that by Feb. 15, 2011, the council will have developed approximately 10 stan-dard performance measures for cities and 10 for coun-ties aimed at measuring efficiency and effectiveness for local governments in providing services. By Feb. 15, 2012, the council is required to develop minimum standards for comprehensive measurement systems,

which can vary by size and jurisdiction. The council is required to act as a statewide resource in the develop-ment, promotion, and implementation of local govern-ment performance measurement systems.

oReports. Section 1, subd. 3 lays out the reporting requirements with an initial set of city/county stan-dard performance measures to the House and Sen-ate Property Tax Committees by Feb. 28, 2011. This becomes an annual report by Feb. 1, in subsequent years. Permits the state auditor to make the reports instead of the council if agreed by the state auditor and the council.

oOperation. Section 1, subd. 4 directs the state auditor to convene the first meeting, the chair be elected by the council members for a two-year term, that mem-bers serve without compensation, and that members are to rotate and share administrative support responsi-bilities. The group is exempt from the Open Meeting Law but is required to conduct open meetings, and the meetings must be published on the OSA’s website. Effective May 29, 2010.

• Local performance measurement and reporting. Creates a new statute, Minn. Stat. § 6.91.oReports of local performance measures. Section

2, subd. 1 requires a city or county that participates in the standard measures program to report results to its citizens annually and to file a report with the state auditor by July 1. A city or county participating in the standard measures program must report on the results for the standard set of performance measures. In 2012, a city or county participating in the comprehensive performance measurement program must submit a resolution indicating it either has implemented or is in the process of implementing a local performance measurement system meeting the minimum standards. In 2013 and thereafter, comprehensive performance measurement system participants must affirm that they have implemented a local performance measurement system meeting the minimum standards.

oBenefits of participation. Section 2, subd. 2 lays out that: (a) a participant in 2011 may receive a per capita reimbursement of 14 cents, up to $25,000, and is exempt from levy limits for taxes payable in 2012; (b) a participant in the standard measures program in 2013, or any year thereafter, may receive a per capita reim-bursement of 14 cents up to $25,000; and (c) a partici-pant in the comprehensive performance measurement program in 2013 or any year thereafter is exempt from levy limits for taxes payable in the following year.

oCertification of participation. Section 2, subds. 3-4 directs the state auditor to certify participation to the commissioner of Revenue, and provides that the com-missioner make the per capita reimbursements and notify each city or county that is exempt from levy

Page 64 League of Minnesota Cities

limits. Money is appropriated from the general fund for this and it becomes a standard appropriation. Sec-tion 2 is effective Dec. 31, 2010.

• Property tax system benchmarks and critical indicators. Creates a new statute, Minn. Stat. § 270C.991. oPurpose. Subdivision 1 explains that state policy

makers should be provided with the tools to create a more accountable and efficient property tax system. This section contains the principles and the available tools necessary to work toward achieving the goal.

oProperty tax principles. Subdivision 2 states that the basic property tax principles should be taken into consideration in evaluating the various prop-erty tax proposals that come before the Legislature. These are: transparent and understandable, simple and efficient, equitable, stable and predictable, compliance and accountability; competitive for both national and global; and be responsive to economic conditions.

oMajor indicators. Subdivision 3 provides that there are many different types of indicators available to legis-lators to evaluate tax legislation. The following list is of the available major indicators: property tax principles scale (from subdivision 2) relate to the property tax system features; price of government report; tax inci-dence report; tax expenditure budget and report; state tax rankings; property tax levy plus aid data, and market value and net tax capacity data by taxing dis-trict; effective tax rate and equalized effective tax rate; assessment sales ratio study; “Voss” database, which matches homeowner property taxes and household income; revenue estimates and state fiscal notes; and local impact notes.

oProperty tax working group. Subdivision 4 estab-lishes a working group with the goals. The goals are: to investigate ways to simplify the property tax system, to reexamine the property tax calendar, and to deter-mine the cost versus the benefits of the various prop-erty tax componenets. There are 13 members of the working group; including: two House members, two Senate members, the commissioner of Revenue (or their designees); one person each from the League of Minnesota Cities, Association of Minnesota Counties, Minnesota Association of Townships, the Minnesota Chamber of Commerce, and the Minnesota Asso-ciation of Assessing Officers; two homeowners, one under 65 and one over 65—appointed by the commis-sioner of Revenue; and one person jointly appointed by the Minnesota Farmers Union and the Minnesota Farm Bureau. The commissioner convenes the first meeting, and the group elects a chair. Members serve without compensation. The group is to make advisory recommendations to the appropriate legislative tax committees by Feb. 1, 2012, when this group expires.

oTax committee review and resolution; DOR revenue estimates. Subds. 5-6 require that before March 1, 2012, and every two years, the House and Senate Tax committees must review the major indica-tors and ascertain the accountability and efficiency of the property tax system. Each committee is required to prepare a resolution on targets and benchmarks for use during the current biennium. Requires that beginning with the 2011 session, DOR’s revenue estimates must also identify how the property tax principles apply to various legislation. This should help with quantifying the effects, or at least identify relevant factors so that legislators are aware of outcomes, including adminis-trative difficulties, cost, and the interaction of property tax shifts.

oAppropriation. Subdivision 7 appropriates $30,000 in FY 2011 and $25,000 in each fiscal year thereafter for the additional work in subdivision 6.

Effective May 29, 2010.

Article 4. Sales and use taxes• Outdoor heritage sales tax. Section 2 amends Minn.

Stat. § 297A.62, as amended by Laws 2009, ch. 88, article 4, section 4 to clarify that the 3/8 (0.375) percent out-door heritage sales tax applies to manufactured homes and park trailers and also clarifies that any reference to the general sales tax rate in Chapter 297A includes both the 6.5 percent general tax and the 0.375 percent out-door heritage tax until the outdoor heritage tax expires. The manufactured homes and park trailers provision is effective for purchases made after June 30, 2010. The balance of the sec-tion is retroactively effective to June 30, 2009.

• Construction materials for qualified low-income housing projects. Section 6 amends Minn. Stat. § 297A.71, subd. 23 to expand the existing sales tax exemption for low-income housing to include hous-ing provided by a limited liability company (LLC) that consists of a sole member that is a nonprofit corporation. The exemption was generally extended to the nonprofit corporations in 2008 but many of these nonprofits need to undertake these projects through an LLC to reduce liability for the entire nonprofit. Effective for sales and pur-chases made after June 30, 2010.

• Hydroelectric generating facility sales tax exemp-tion. Section 7 amends Minn. Stat. § 297A.71, subd. 39 to extend an expired sales tax exemption for the con-struction of a hydroelectric generating facility on the Mississippi River near St. Anthony Falls. The project, which was supposed to be completed by Dec. 31, 2009, was delayed as a result of the I-35W bridge collapse. The bill would retroactively extend the exemption until Dec. 31, 2010. Effective retroactively for sales and purchases made after Dec. 31, 2009.

2010 Law Summaries Page 65

• Aerospace defense manufacturing facilities sales tax exemption. Sections 8 through 11 amend Minn. Stat. § 297A.71 and Minn. Stat. § 297A.75, subd. 1-3 to provide a sales tax exemption for materials and supplies used in construction or expansion of a Goodrich facility to manufacture aerospace or defense related sensors and production of micro-electrical mechanical systems in Burnsville. The sales tax must be paid at the time of the taxable purchase and then the company must apply for a sales tax refund. To apply for the refund the law requires the entity to show that it employs at least 1,653 full-time equivalent workers and made a capital investment of at least $59 million. Effective for sales after July 1, 2010, and before Dec. 31, 2015.

• Special local taxes. Section 14 creates a new section Minn. Stat. § 645.025 that requires that for any new tax enacted beginning in 2010 or any existing local tax amended in or after 2010 to extend the time for imposing the tax or to modify the tax base and that the Department of Revenue has agreed to or is required to administer, including but not limited to taxes such as lodging, entertainment, admissions, or food and beverage taxes, the local unit of government must adopt defini-tions found in Minn. Stat. § 297A, or in Minn. Rules, ch. 8130, with terms consistent with the department’s position as to the extent of the tax base. The purpose of these requirements is to simplify administrative compli-ance. Effective May 29, 2010.

Article 5. Local sales taxes• Proctor sales tax changes. Sections 1 and 2 amend

Laws 1999, ch. 243, article 4, section 18, subds. 3 and 4, as amended by Laws 2008, ch. 366, article 7, section 13 to remove the limit of $3.6 million of capital expendi-tures on the street and community center to be funded from its existing sales tax and increase the city’s bonding authority to pay for the projects in section 1 from $3.6 million to $10 million.

• Rochester lodging tax. Sections 3 and 4 amend Laws 2002, ch. 377, article 3, section 25, as amended by Laws 2009, ch. 88, article 4, sections 19 and 23 to allow the City of Rochester to issue up to $43.5 million in gen-eral obligation bonds to pay for the Mayo Civic Center Complex project. The bonds will be funded by the lodg-ing tax and the city’s food and beverage tax. The city is exempt from holding an election to issue the bonds and the bonds are excluded from any city debt limits and any property tax needed to pay for the bonds are exempted

from levy limits. Both sections are effective the day after the governing body of the City of Rochester and its chief clerical officer comply with Minn. Stat. § 645.021, subd. 2 and 3.

• City of Detroit Lakes food and beverage tax authorized. Section 5 is a session law that allows the City of Detroit Lakes to impose up to a 1 percent food and beverage tax on sales at restaurants and places of refreshment. The tax must be approved by the voters at a general or special election held within two years of enactment in order for the tax to be imposed. The tax would apply to on-sale intoxicating beverage sales as well.

The city is authorized to use the proceeds of the food and beverage tax to fund control of a flowering rush infestation; construction and improvement of bike trails; parking improvements for public facilities; and redevelopment of the area returned to the city as part of the Highway 10 realignment. The tax expires when the city determines sufficient revenues have been raised to fund the projects listed in subdivision 3, including any associated bond costs.

The food and beverage tax authorization also allows the city to enter into an agreement with the Department of Revenue to collect the authorized taxes, however, if the tax is collected by the Department of Revenue, the standard collection, administration, and enforcement pro-visions for general local sales taxes apply. Effective the day after the governing body of the City of Detroit Lakes and its chief clerical officer comply with Minn. Stat. § 645.021, subds. 2 and 3.

• City of Marshall food, beverage, and local lodg-ing taxes authorized. Section 6 is a session law that authorizes the City of Marshall to impose a 1.5 percent lodging tax and/or a 1.5 percent food and beverage tax within two years of the day of final enactment of this section. The food and beverage tax must be approved by the voters at a general or special election. The lodging tax does not require approval by voters.

Section 6 also allows the city to issue $17.29 million in bonds without a separate referendum to pay for costs of new and existing facilities of the Minnesota Emer-gency Response and Industry Training Center and the Southwest Minnesota Regional Amateur Sports Cen-ter. The revenues from the lodging tax and the food and beverage tax would be used to repay the bonds. The bonds are not included in any debt levy on the city and any property taxes needed to pay the bonds are exempt from levy limits. Effective the day after the governing body of the City of Marshall and its chief clerical officer comply with Minn. Stat. § 645.021, subds. 2 and 3.

Page 66 League of Minnesota Cities

• Giants Ridge recreation area taxing authority. Section 7 is a session law that authorizes the city of Biwabik to impose a lodging tax of up to 5 percent, an admissions and recreation tax of up to 5 percent, and a food and beverage tax of up to 1 percent in the Giants Ridge Recreation Area. The imposition of the tax requires the approval of the City Council and a vote of at least seven members of the Iron Range Resources and Rehabilitation Board (IRRRB).

Revenues generated by these taxes must be depos-ited in the IRRRB account enterprise fund. The IRRRB by a vote of at least seven members shall spend the money for construction, improvement, and main-tenance of public facilities located in the Giants Ridge Recreation area.

Effective the day after the governing body of the City of Biwabik and its chief clerical officer comply with Minn. Stat. § 645.021, subds. 2 and 3, but the local approval must occur before Jan. 1, 2012.

Article 7. Public finance• Watershed districts borrowing limit. Section 1

amends Minn. Stat. § 103D.335, subd. 17 to allow water-shed districts to have up to $2 million in loans outstand-ing. The current limit is $600,000. Effective July 1, 2010.

• County capital improvement definition. Section 2 amends Minn. Stat. § 373.40, subd. 1 to strike the exclu-sion of light rail transit or related activities from the definition of capital improvements in the county capital improvement bonding law. Effective July 1, 2010.

• Hennepin County capital improvement definition. Section 3 amends Minn. Stat. § 383B.79, subd. 5 to strike the exclusion of light rail transit or related activities from the definition of capital improvements in the Hennepin County capital improvement bonding law. Effective July 1, 2010.

• County special assessment. Section 4 amends Minn. Stat. § 429.011, subd. 2a to authorize counties that oper-ate energy improvements financing programs to make special assessments for them, amends Minn. Stat. § 429.011, subd. 2a. Effective May 29, 2010.

• Economic development districts and EDAs. Section 5 amends Minn. Stat. § 469.101, subd. 1 to eliminate the requirements that economic development districts established by EDAs meet the blight test under the TIF law for redevelopment districts. This test requires 70 percent of the parcels in the area to be occupied by buildings or other improvements and 50 percent of those buildings to be substandard. Effective for districts created after May 29, 2010.

• JOBZ time limit for requesting waiver of claw-backs. Section 6 amends Minn. Stat. § 469.319, subd. 5 to impose a 60-day time limit for a business that is no longer eligible for JOBZ to request a waiver of repay-

ment of its JOBZ benefits. In order to receive a waiver of state-paid JOBZ benefits, businesses must request the waiver within 60 days of being notified by the commis-sioner. In order to receive a waiver of the local property tax exemption, businesses must request the waiver within 60 days after the county auditor mailed the property tax bill. Effective May 29, 2010.

• Due date of annual JOBZ certification to com-missioner of Revenue. Section 7 amends Minn. Stat. § 469.3193 to change the due date for the annual certifi-cation of JOBZ compliance by qualified businesses from Dec. 1 to Oct 15. This matches the date that JOBZ busi-nesses are required to file their annual JOBZ tax benefits report. Effective for certifications required in 2010 and after.

• Energy improvements financing program for local governments. Sections 11-19 amend Laws 2010, ch. 216, sections 3 and 4 to modify the energy improve-ments financing program, enacted in the 2010 jobs bill (Chapter 216) that authorizes cities and counties to implement the voluntary energy improvements financ-ing program by allowing a local government to designate a housing and redevelopment authority (HRA), eco-nomic development authority (EDA), port authority, or other entity with those powers—to administer the pro-gram. Effective May 29, 2010.

• Special TIF changes. Sections 21-23 deal with tax increment changes specific to the cities of Landfall, Ramsey and Wayzata (see Local Laws section).

Article 8. Property taxes - technical• Regional library support-grant requirement

clarification and correction. Section 1 amends Minn. Stat. § 134.34, subd. 4 to clarify a provision relating to Department of Education grants to regional library sys-tems where a city or county participating in the system reduces its support of public library services beyond certain limits by correcting two cross references and clarifying that “credits” and “credit reductions” refers to market value homestead credit (MVHC) reimburse-ments under section 273.1384 and associated reimburse-ment reductions. Effective retroactively for support in calendar year 2009 and thereafter and for library grants paid in fiscal year 2010 and thereafter.

• Commissioner’s authority to order a reassessment. Section 3 amends Minn. Stat. § 270C.94, subd. 3 to pro-vide that in the event that the assessor does not appraise at least one-fifth of all parcels in the district or county during the year, the commissioner now has the discre-tion to order a reappraisal of all property in the district or county rather than being required to order the reap-praisal. Effective May 29, 2010.

• Statement of exemption. Sections 4 and 5 amend Minn. Stat. § 272.025, subds. 1 and 3 to require churches and schools to file a property tax exemption application

2010 Law Summaries Page 67

in order to be exempt and clarifies that the new require-ment for churches and schools to file a property tax exemption application is only for newly exempt prop-erties and that subsequent filings will not be required after the initial filing. Effective beginning for taxes payable in 2012 (assessment year 2011).

• Wind energy production tax non-filer calculation. Section 6 amends Minn. Stat. § 272.029, subd. 4 to increase the default tax calculation from 40 percent to 60 percent of nameplate capacity for owners who do not file the required reports with the Department of Rev-enue by the due date. The change was recommended because the current default calculation can result in tax-payers who do not file the required reports paying less tax than if they had complied with the law. Effective for reports due on Feb. 1, 2011, and thereafter.

• JOBZ wind energy production tax exemption. Section 7 amends Minn. Stat. § 272.029, subd. 7 to clarify that the JOBZ exemption from the wind energy production tax is available only if the wind energy pro-duction system is owned by a taxpayer who has entered into a business subsidy agreement that covers the area where the system is situated. Effective May 29, 2010.

• Truth-in-taxation (TNT) notice. Section 10 amends Minn. Stat. § 275.065, subd. 3 to clarify that only a single budget-discussion meeting held after 6 p.m. need be identified on the TNT notice. A 2009 law change elimi-nated the requirement that counties, schools, cities over 500 in population, regional library authorities, and metropolitan special taxing authorities hold a separate TNT meeting. However, in place of the separate hear-ing, a new requirement was enacted to require that the TNT notices indicate when each of the affected taxing authorities would hold budget-discussion public meet-ings at which the public would be allowed to speak. This new 2009 requirement suggested that the TNT notice must contain information for every meeting at which the authority’s budget and levy would be discussed even though the legislative intent was only to require this for one public meeting.

This section also clarifies that this information need not be provided on the notices with regard to cities under 500 in population that were not required under prior laws to hold a TNT meeting under the pre-2009 law. Effective retroactively for taxes payable in 2010 and there-after (starting with TNT notices issued in the fall of 2009).

• Special levies. Section 11 amends Minn. Stat. § 275.70, subd. 5, as amended by Laws 2010, ch. 215, article 13, section 3 to clarify that the existing limitations on special levies for certificates of indebtedness do not apply to the new special levy authority under Minn.

Stat. § 475.755 for repaying emergency debt certifi-cates issued to cover revenue decreases resulting from unallotments. Section 11 also clarifies that a special levy for an unallotment is limited to the amount of unallot-ment that occurs in the year the levy is paid. The only time the special levy for an unallotment may be used in the subsequent year is if the unallotment amount was not known by Sept. 1 and the local government did not exercise a levy adjustment in January of the year the levy is paid. Effective retroactively for taxes payable in 2010 and thereafter.

• Property tax levy limit. Section 12 amends Minn. Stat. § 275.71, subd. 5 to clarify that certified aid amounts rather than aids after unallotments are used in computing the local government’s levy limit. Using this method is intended to ensure that unallotments do not result in both an increase in the local government’s limited levy authority and also the ability to declare a special levy for the unallotment, which would effectively allow for a levy increase that is double the unallotment amount. Effective retroactively for taxes payable in 2010 and thereafter.

• Property tax due date for certain agricultural property. Section 13 amends Minn. Stat. § 279.01, subd. 3 to update the references within the law that allow the second installment of the annual property taxes for agri-cultural property to be made on Nov. 15 instead of Oct. 15. This change is necessary due to a law change related to the rural vacant land classification. This section also abates any penalty imposed for late payment for taxes payable in 2010 and 2011. Effective for taxes payable in 2012 and thereafter.

• Emergency debt certifications. Section 15 amends Minn. Stat. § 475.755 to add cross references and clari-fications so that the existing limitations on special lev-ies in Minn. Stat. § 275.70, subd. 5, clause (2) do not impinge on the new special levy authority under Minn. Stat. § 475.755 for repaying emergency debt certificates issued to cover revenue decreases resulting from unal-lotments. Effective retroactively for taxes payable in 2010 and thereafter.

• City local government aid. Section 16 amends Minn. Stat. § 477A.013, subd. 8 to delete obsolete language and clarify provisions related to the use of data avail-able by Jan. 1 of the year the aid is calculated. The effect is to allow levy data not available as of Jan. 1 of the aid determination year to be used in that year to compute each city’s maximum aid increase and decrease amounts under Minn. Stat. § 477A.013, subd. 9. These corrections implement what was legislatively intended in 2008 and 2009. Effective for aid payable in 2010 and thereafter.

Page 68 League of Minnesota Cities

Article 9. Conditional use deedsThis article makes several substantive and technical changes to Minn. Stat. § 282.01 based on modifications proposed by the Minnesota Department of Revenue in 2009. The most substantive changes to the law limit the uses for which cities may acquire non-conservation tax forfeit land at no cost. In addition, the changes introduce a procedure by which “use” deeds may be converted into regular deeds after a certain number of years of compliant use. These changes are discussed further in the Land Use and Growth Management section.

Article 10. Miscellaneous• Tax expenditure bills. Section 1 creates a new section,

Minn. Stat. § 3.192, that requires bills that create or renew tax expenditures to contain a statement of intent and a standard for measuring whether the intent is met. Effective for tax expenditures enacted after July 1, 2010.

• Penalty abatements for disaster or emergency areas. Section 2 amends Minn. Stat. § 270C.34, subd. 1 to expand the commissioner of Revenue’s authority to abate penalties for late filing and late payments to include taxpayers located in areas declared to be in a state of emergency by either the president or the gov-ernor. Current law limits the commissioner’s abatement authority to taxpayers in a presidentially declared disaster area. Effective May 29, 2010.

• Permitted uses of lawful gambling proceeds. Section 4 amends Minn. Stat. § 349.12, subd. 25 to allow lawful gambling proceeds to be used to pay for the utili-ties, including electricity, heating, sewer, and water of a building, a portion of which is used as the primary head-quarters of a licensed veteran or fraternal organization. Current law requires a building to be wholly-owned or leased by the organization for utility payments to qualify as a permitted use of these proceeds. Effective May 29, 2010.

• Tax expenditure review report. Sections 5 and 10 create a session law that requires the Department of Revenue to report to the Legislature by Feb. 15, 2011, suggesting a process for periodic review and sunset or extension of tax expenditures. In addition to a recom-mended process, the report must define tax base and tax expenditure for each tax type and recommend additional information not currently included in the tax expen-diture report to evaluate tax expenditures, not only on their stated goals, but on the general tax principles of transparency, simplicity, equity, stability, compliance, tax competitiveness, and conformity to corresponding fed-eral taxes and multi-state agreements. Section 10 appro-priates $60,000 in FY 2011 to the commissioner of Revenue to fund the tax expenditure review report in section 5 of this article. Effective May 29, 2010.

• Ottertail County additional aid for flooding. Section 6 appropriates $200,000 to the commissioner of Revenue for an additional aid payment to Ottertail County to compensate for the cost of road and infra-structure repair due to flooding. The payment is to be made at the same time as the December 2010 LGA pay-ment. Effective for FY 2011.

(GC/JO)

TELECOMMUNICATIONS

Regulating private shared services/competitive cable franchise agreements Chapter 247 (HF 3097/SF 2616*) includes several changes related to private shared telephone, video, and broadband services and also competitive cable franchise agreements.• Reduced rate regulation for certain business

customers. Section 1 amends Minn. Stat. § 237.411, subd. 3 to provide that telephone companies or telecom-munications carriers subject to reduced rate regulation under Minn. Stat. § 237.411 are not required to file specific price information with the Minnesota Public Utilities Commission (PUC) but that at the request of the PUC, the Department of Commerce, or the Office of the Attorney General, the company is required to show that its pricing is in compliance and is not anti-competitive. Effective retroactively from May 12, 2009.

• Regulation of telecommunications carrier. Section 2 amends Minn. Stat. § 237.74, subd. 9, to prohibit the PUC from requiring a telephone company to maintain physical connections with a company that only provides long distance service. Effective April 16, 2010.

• Private shared services. Section 3 creates a new subdivision (Minn. Stat. § 237.681) that defines and regulates “private shared services” in multi-unit prop-erties. The section defines “private shared services” as telephone, video, and broadband services provided to individual residents in a multi-resident properties.

Property owners are required to establish a single location that is mutually agreeable to the property owner, commercial shared services provider, and the telephone company where a telephone company provides equipment that can be connected to services offered by a commercial shared services provider. Property owners are prohibited from unreasonably restricting access by a telephone com-pany to that location and from discriminating against a resi-dent because of a resident’s choice of a telephone company.

A tenant in a multi-unit property where private shared services are offered must be allowed to connect to telephone service from any company, and a property owner is required to make facilities available to allow for that connection at a reasonable rate. The PUC is autho-rized to order a property owner to make facilities avail-

2010 Law Summaries Page 69

able at reasonable prices, terms, and conditions so that a tenant can connect to any telephone company.

This section specifically exempts any commercial shared services provider that only provides services to tenants or that provides services for the provider’s own use from statutory provisions governing local exchange competition.

A telephone company is required to provide services to a customer in a property with shared private services within a reasonable amount of time when requested. A commercial shared services provider is not required to share its wiring, cabling, or other facilities unless the commercial shared services provider is the property owner. Effective April 16, 2010.

• Franchise requirement. Section 4 amends Minn. Stat. § 238.08, subd. 1 to provide that an area of an additional cable franchise is not more favorable or less burdensome if the franchisee is a telephone company and the area of the existing franchisee is no less than the area within the city in which the phone company offers local exchange services. The provision specifically states that the provi-sions are in addition to and not a limit to the author-ity of the city to grant an additional cable TV franchise. Effective Aug. 1, 2010, but does not affect any litigation pend-ing on that date. (AH)

State broadband goals establishedChapter 277(HF 2907*/SF 2254) creates a new state law (Minn. Stat. § 237.012) that sets state goals for deployment and up and download speeds for advanced broadband ser-vices throughout the state. The goals were recommended to the Legislature and governor by the Minnesota Ultra High-Speed Broadband Task Force. • Universal access and high-speed goal. Section 1

specifies that as soon as possible, but no later than 2015, all state residents and businesses have access to high-speed broadband that provides minimum download speeds of 10 to 20 megabits per second and minimum upload speeds of five to 10 megabits per second.

• State broadband leadership position defined. Sec-tion 2 establishes a state goal for Minnesota to be in the top five states in the U.S. for broadband speed that is universally accessible to both residents and businesses by 2015 and thereafter; to be in the top five states for broadband access; and the top 5 states when compared with nations throughout the world for broadband pen-etration.

• Annual reports required. Section 3 requires the com-missioner of Commerce to report annually by Feb. 10 to the Legislature on achievement of these goals and that such reports be submitted through 2015.

Effective Aug. 1, 2010. (AH)

TRANSPORTATION

Transportation provisions included in the 2010 omnibus bonding billChapter 189 (HF 2700*/SF 2360) is the 2010 omnibus bonding bill. It contains the following transportation provisions:• Local bridge replacement and rehabilitation

funded. Section 15, subd. 2 provides $66 million to match federal money and to replace or rehabilitate local deficient bridges as provided in Minn. Stat § 174.50. To the extent practicable, the commissioner of the Depart-ment of Transportation (MnDOT) shall expend the funds as provided under Minn. Stat. § 174.50, subd. 6c and 7, paragraph (c). Political subdivisions may use grants made under this subdivision to construct or reconstruct bridges, including but not limited to: oMatching federal aid grants to construct or reconstruct

key bridges.oPaying the costs of preliminary engineering and

environmental studies authorized under Minn. Stat. § 174.50, subd. 6a.

oPaying the costs to abandon an existing bridge that is deficient and in need of replacement, but where no replacement will be made.

oPaying the costs to construct a road or street to facilitate the abandonment of an existing bridge determined by MnDOT to be deficient, if the com-missioner determines that construction of the road or street is more economical than replacement of the existing bridge.

By Nov. 1, 2010, the Department of Management and Budget must implement a grant administration method for grants provided under Minn. Stat. § 174.50 and 174.52. The grant administration method must not require a separate grant agreement for each proj-ect funded in whole or in part from general obliga-tion grants; provide for efficient audits concerning state bond-financed property; and ensure that all uses of the state bond-financed property will not cause the interest on the state general obligation bonds to be or become subject to federal income taxation for any rea-son. Effective March 15, 2010.

• Rail service improvement funded. Section 15, subd. 4, provides $2 million for the rail service improvement program. Effective March 15, 2010.

• Minnesota Valley Railroad track rehabilitation funded. Section 15, subd. 5 provides $5 million for a grant to the Minnesota Valley Regional Rail Authority to rehabilitate and make capital improvements to railroad track from east of Gaylord to Winthrop. A grant under this subdivision is in addition to any grant, loan, or loan guarantee for this project made by the MnDOT com-

Page 70 League of Minnesota Cities

missioner under Minn. Stat. §§ 222.46 to 222.62. Effective March 15, 2010.

• Northstar Commuter Rail Extension preparations funded. Section 15, subd. 6, provides $1 million to match federal money for environmental analysis, design, engineering, and acquisition of real property or interests in real property to extend the Northstar Commuter Rail Line from Big Lake to the St. Cloud area. Effective March 15, 2010.

• Railroad grade warning devices funded. Section 15, subd. 7 provides $2.5 million to design, construct, and equip the replacement of active highway railroad grade crossing warning devices that have reached the end of their useful life. Crossing improvements include but are not limited to concrete crossings, railroad cross arms and signals, and street and utility improvements necessary to facilitate the crossing closures and improvements includ-ing design and construction engineering. This appropria-tion is not available until the commissioner of the Department of Management and Budget has determined that at least $2.4 million has been committed, including expenditures prior to July 1, 2010, to the project from non-state sources. (AF)

Bridge project prioritization requiredChapter 205 (HF 2915*/SF 2847) amends Minn. Stat. § 165.14, subd. 4, and adds a subdivision to the section. It closes the Trunk Highway Bridge Improvement Pro-gram in 2018 and replaces it with a prioritization system for bridges that includes accounting for the risk of service interruptions due to bridge closure or restrictions.• Prioritization of certain bridge projects provided.

Section 1 establishes that bridges not originally included in the Trunk Highway Bridge Improvement Program (established in 2008) must be prioritized for improve-ment work according to a new risk-based system con-tained in section 2.

• Risk-based prioritization established. Section 2 concludes the Trunk Highway Bridge Improvement Program at the end of fiscal year 2018. It establishes a risk-based prioritization arrangement for bridges not originally included in the program that need repair or replacement, which must be created by Feb. 11, 2011. Finally, it specifies that the prioritization must take into account risk of service interruption, various fac-tors related to bridge condition and characteristics, and departmental knowledge.

Effective Aug. 1, 2010. (AF)

Transportation provisions included in the first supplemental budget billChapter 215 (HF 1671*/SF 3223) is the supplemental budget bill that was enacted in April. Article 10 contains transportation provisions. It appropriates an additional

$115.3 million in fiscal year 2011 for the Minnesota Department of Transportation (MnDOT). Below are provisions that may be of interest to cities:• Multimodal systems funding reduced. Article 10,

section 2, subd. 2 reduces the fiscal year 2011 general fund appropriations by $1.7 million for greater Min-nesota transit and $50,000 for freight and commercial vehicle operations.

• State road funding increased. Article 10, section 2, subd. 3 appropriates $112 million in fiscal year 2011 for trunk highway construction, which reflects an increase in the formula-based apportionment of federal aid to Minnesota. It appropriates $5 million to a new account for federal emergency relief.

• Metropolitan Council bus operation funding reduced. Article 10, section 4 reduces the fiscal year 2011 appropriation from the general fund by $12.9 mil-lion for bus operations for the Metropolitan Council.

• Trunk highway emergency relief account estab-lished. Article 10, section 5 establishes a new account for using emergency funds for trunk highway work, where the funds would be reimbursed by the federal government. It creates a standing appropriation of the money for emergency relief efforts, and requires trans-fer of any fund balance above $10 million to the Trunk Highway Fund. It requires a report on the account in 2012 and even numbered years after that.

Effective July 1, 2010. (AF)

Right of first refusal offers modified for property obtained with federal transit fundingChapter 219 (HF 3336*/SF 3031) amends Minn. Stat. § 117.226. It requires the acquiring authority to offer to sell excess, unneeded property acquired by eminent domain back to the previous owner at fair market value if the property interest was obtained with federal transit funding. (Current law does not provide for a specific sell-back price for property obtained with federal transit fund-ing, but sets a general rule that excess property no longer needed for public use must be offered back to the previous owner at the lower of the condemnation price or the fair market value.) Effective Aug. 1, 2010. (AF)

Tribal land conveyance authorizedChapter 226 (HF 2956*/SF 2563) amends Minn. Stat. § 161.44, subd. 1. It authorizes the commissioner of Trans-portation to convey and quitclaim lands, which are owned by the state for trunk highway purposes, but no longer needed, to Indian Tribal Governments. The existing law allows the commissioner to convey and quitclaim these lands to any political subdivision or agency of the state. Effective April 11, 2010. (AF)

2010 Law Summaries Page 71

Impounded motor vehicles notice requirement modifiedChapter 257 (HF 3016/SF 2572*) amends Minn. Stat § 168B.06, subd. 1 by clarifying the time period in which a unit of government or impound lot operator must notify the registered vehicle owner and lienholders of an impounded vehicle. Current law states that such notifica-tion must take place within five days, and the bill clarifies that these five days exclude Saturdays, Sundays, and legal holidays. Effective Aug. 1, 2010. (AF)

Road authorities allowed to remove snow from certain roads in uncompleted subdivisionsChapter 279 (HF 2231*/SF 2004) is a League initiative that adds a subdivision to Minn. Stat. § 160.21. It autho-rizes road authorities to perform snow plowing in uncom-pleted subdivision developments if the subdivision has at least five lots and the road authority passes an annual reso-lution finding that (1) the subdivision developer is found to be unable to perform the plowing service due to insol-vency or pending foreclosure; and (2) public safety could be jeopardized due to lack of vehicle access. The act also establishes that the plowing activity does not transfer own-ership of the road or open it to public use. It allows the road authority to charge properties within the subdivision for the snow plowing under Minn. Stat. § 429.101. Finally, it exempts the road authority from tort liability related to plowing or road maintenance, unless injury is affirmatively caused by a negligent act of the road authority. Effective April 27, 2010, and expires May 2, 2013. (AF)

Sale of illegally tinted vehicle windows prohibitedChapter 304 (HF 2914/SF 2370*) adds a subdivision to Minn. Stat. § 169.71. It prohibits the sale of a glazed win-dow for use on a motor vehicle if the glazing material fails to comply with requirements under current law. It also prohibits the application of such materials to motor vehicle windows as part of a business transaction. Violation of this new provision is a misdemeanor. The law is not applicable to sales of motor vehicles containing noncompliant glazed windows. Effective Aug. 1, 2010. (AF)

Escort drivers of overdimensional loads allowed to control traffic and escort driver training requiredChapter 311 (HF 3168/SF 2756*) allows escort drivers of overdimensional loads to control traffic, and directs the commissioner of the Department of Public Safety (DPS) to establish an escort driver training and certification program. • Escort driver authorized to act as flagger. Section 1

amends and adds a subdivision to Minn. Stat. § 169.06. It authorizes an overdimensional load escort driver to act as a flagger who can stop motor vehicles as part of the escort activity and requires that drivers stop and proceed only as directed by the flagger or a peace officer.

• Specifications in overdimensional permit required. Section 2 adds a subdivision to Minn. Stat. § 169.86. It provides that the DPS commissioner or local authority must specify in the permit (1) the minimum number of escort vehicles required to escort the over-dimensional load; and (2) whether the operators of the escort vehicles must be certified licensed peace officers or may be overdimensional load escort drivers who hold a current certificate.

• Overdimensional load escort driver requirements provided. Section 3 creates Minn. Stat. § 299D.085. It provides that no one may operate as an overdimensional load escort driver in this state without a certificate issued by the DPS or by a state with a reciprocal agreement. The certificate applicant must pay a fee, must be at least 18 years old, possess a valid driver’s license, complete an escort driver certification course, and meet additional requirements. It is a misdemeanor to violate this section. The section also authorizes the DPS commissioner to adopt rules to carry out the certification requirement.

Effective one year after publication in the State Register of rules adopted by the DPS. DPS rulemaking authority provision effective May 12, 2010. (AF)

MnDOT management, priorities, research, and planning provisions modifiedChapter 350 (HF 605/SF 1060*) makes various changes related to agency management and operational practices of the Minnesota Department of Transportation (MnDOT). It requires a debt management policy, amends transportation planning requirements, and requires reporting concerning bridge inspection quality assurance and departmental man-agement changes since the I-35W bridge collapse.• Bridge monitoring research and implementation

required. Section 1 amends Minn. Stat. § 161.53 by requiring the commissioner of MnDOT, in allocat-ing transportation research money, to fund research and implementation of bridge-monitoring and bridge-inspection innovations and best practices, as well as research concerning cost-effectiveness and impacts of deferred and low-cost highway and bridge design and maintenance activities.

• Bridge inspection quality assurance report required. Section 2 adds a subdivision to Minn. Stat. § 165.03. It requires the commissioner of MnDOT to report by Feb. 1 of each odd-numbered year to the leg-islative transportation committees concerning bridge inspection quality assurance, explaining quality con-trol in bridge inspections, inspection findings, results of findings from bridge inspection quality reviews, respon-sive actions, results of Federal Highway Administration (FHWA) inspections, and actions taken in response to FHWA review.

Page 72 League of Minnesota Cities

• Debt management policy development required. Section 3 creates Minn. Stat. § 167.60. It directs the commissioner to develop, by July 1, 2010, and to utilize a debt-financing management policy for trunk highway bonds, federal advanced construction funds, and other forms of debt financing. The commissioner must distrib-ute an electronic version of the policy and later revisions to the legislative transportation committees.

• MnDOT’s mission modified. Section 4 amends Minn. Stat. § 174.02, subd. 1a to include in the Depart-ment of Transportation’s mission to “ensure that the safety, maintenance, and preservation of Minnesota’s transportation infrastructure is a primary priority.”

• Electronic report submission requirements modified. Section 5 adds a subdivision to Minn. Stat. § 174.02. It requires that for any legislative report required to be submitted by the commissioner by law, in which the report may or must be submitted electroni-cally, the department must provide paper copies to the Legislative Reference Library.

• Planning requirements modified. Section 6 amends Minn. Stat. § 174.03, subd. 1a by modifying MnDOT planning requirements to include performance targets in the statewide multimodal transportation plan. It makes the next revisions of the report due in 2013, followed by 2015 and every four years after that. This section is effective May 16, 2010.

• Multimodal plan requirements expanded. Section 7 adds a subdivision to Minn. Stat. § 174.03. It requires the commissioner of MnDOT to include a 20-year state-wide highway capital investment plan in each revision of the statewide multimodal transportation plan. The plan must incorporate objective performance measures to assess progress toward the state’s transportation goals and objectives for the state trunk highway system, summarize trends, analyze the impact of capital investments over the past five years (including comparison of projected costs with actual costs), project state and federal funding and needed investment over the next 20 years, identify strategies, major investment priorities, and performance targets not expected to meet the target outcome along with possible alternative strategies. This section is effective May 16, 2010.

• Guideway projects report required. Section 8 cre-ates Minn. Stat. § 174.93. It requires that by Nov. 15 in every odd-numbered year, the commissioner of MnDOT in collaboration with the Metropolitan Coun-cil, must prepare and submit a report on the status of guideway projects. The section defines “guideway” as “a form of transportation service provided to the public on a regular and ongoing basis, that operates on exclusive or controlled rights-of-way or rails in whole or in part, and includes each line for intercity passenger rail, commuter rail, light rail transit, streetcars and bus rapid transit.”

• Report on organizational changes required. Section 9 is a 2010 session law that directs the commis-sioner of MnDOT to report to the legislative transporta-tion committees concerning organizational and internal process changes at the department, including the division with responsibility for bridges.

Effective Aug. 1, 2010, except sections 6 and 7 are effective May 16, 2010. (AF)

Omnibus transportation policy actChapter 351 (HF 2807/SF 2540*) is the omnibus trans-portation policy act. Summarized below are provisions that may be of interest to cities. (Note: sections of Chapter 351 that pertain to individual cities are summarized in the Local Laws section.)• Transit authorities required to provide business

liaisons. Section 2 amends Minn. Stat. § 160.165 to require transit authorities, after July 1, 2012, to provide business liaisons to help mitigate damage to business from associated rail transit project construction. Central Corridor is excluded from this section. Effective May 16, 2010.

• Certain activities at rest areas prohibited. Section 3 creates Minn. Stat. § 160.2755, which prohibits cer-tain activities at rest areas, including improper disposal of trash and refuse. A violation of this section is a petty mis-demeanor. Effective Aug. 1, 2010.

• Stipend for design-build bidders authorized. Section 9 amends Minn. Stat. § 161.3426, subd. 3 by providing that a short-listed proposer who submits a bid for a design-build highway contract to receive a stipend even if the proposal comes in above the maximum price when the bid is responsive in all other respects. Effective Aug. 1, 2010.

• MnDOT authorized to reissue a request for proposals. Section 10 adds a subdivision to Minn. Stat. § 161.3426. It authorizes the commissioner of MnDOT to reissue a request for proposals after rejecting all bids, and to allow only short-listed teams to resubmit propos-als. Each short-listed, responsible proposer must receive a reasonable stipulated fee, even if the proposal comes in above the maximum price when the proposal is respon-sive in all other respects. Effective Aug. 1, 2010.

• County state-aid variances for complete streets authorized. Section 11 amends Minn. Stat. § 162.02, subd. 3a, relating to variances from county state-aid highway standards, by making the section subject to Minn. Stat. § 174.75, subd. 5, relating to use of alternate standards in variance requests for complete streets proj-ects. Effective Aug. 1, 2010.

• Municipal state-aid variances for complete streets authorized. Section 12 amends Minn. Stat. § 162.09, subd. 3a, relating to variances from municipal state-aid street standards, by making the section subject to Minn.

2010 Law Summaries Page 73

Stat. § 174.75, subd. 5, relating to use of alternate stan-dards in variance requests for complete streets projects. Effective Aug. 1, 2010.

• Bicycle and pedestrian links required for trunk highway bridge projects. Section 13 amends Minn. Stat. § 165.14, subd. 4 by requiring bridge projects in the trunk highway bridge improvement program to include bicycle and pedestrian accommodations if the bridge is in a city or if it links walkways, paths, trails, or bikeways. Exceptions can be made if assessment shows no need for bicycle and pedestrian accommodations, or if there is a bicycle and pedestrian crossing within one-quarter mile of the bridge. Pedestrian facilities must meet federal accessibility requirements. Effective July 1, 2010.

• Analysis of compliance with accessibility requirements required. Section 14 amends Minn. Stat. § 165.14, subd. 5 by requiring the statewide transporta-tion planning report to include analysis of compliance with accessibility requirements. Effective Aug. 1, 2010.

• Emergency vehicles exempt from certain license plate requirements. Section 16 amends Minn. Stat. § 168.012, subd. 1 by clarifying that the exemption for federally-owned and emergency vehicles from license plate display requirements applies only if the general appearance of the vehicle is unmistakable. The section also clarifies that the exemption for emergency vehicles applies only to government-owned or government-leased ambulances, fire apparatuses, or police patrols. Effective Aug. 1, 2010.

• Personalized vertical motorcycle plates allowed. Section 17 amends Minn. Stat. § 168.12, subd. 2a to allow issuance of a personalized vertical motorcycle plate for $100. The vertical plate may not have more than four identification characters. Effective Aug. 1, 2010.

• Corporate deputy registrar sunset repealed. Sec-tion 24 amends Minn. Stat. § 168.33, subd. 2 by remov-ing the sunset of Jan. 1, 2012, for corporate deputy registrars and allowing nonprofit corporations to be appointed deputy registrars. Effective Aug. 1, 2010.

• Certain notice to impounded vehicle owner requirement repealed. Section 25 amends Minn. Stat. § 168B.06, subd. 1, dealing with the notice an impound lot operator must provide to the impounded vehicle owner. This section removes the requirement that the lot operator include in the notice a statement that a per-son with a household income below a stated threshold is eligible to retrieve contents from an impounded vehicle. Effective Aug. 1, 2010.

• Household income as condition of owner eligibility to retrieve contents from impounded vehicle repealed. Section 26 amends Minn. Stat. § 168B.07, subd. 3 by removing the household income threshold from the conditions of owner eligibility to retrieve con-tents from an impounded vehicle. Effective Aug. 1, 2010.

• Waiting period for vehicle towing repealed. Section 27 amends Minn. Stat. § 169.041, subd. 5 by deleting the four-hour waiting period before a vehicle may be towed for expired tabs or multiple unpaid park-ing tickets. Effective Aug. 1, 2010.

• Quick clearance in metropolitan district authorized. Section 28 adds a subdivision to Minn. Stat. § 169.041. It authorizes quick clearance in the Department of Transportation’s eight-county metropolitan district. Quick clearance allows, and specifies procedures for, the department and the State Patrol to remove a spilled load, vehicles, and other obstructions from a roadway follow-ing a traffic accident resulting in a blocked road, or if there is an emergency. Effective Aug. 1, 2010.

• Petty misdemeanor for blocking intersection established. Section 29 adds a subdivision to Minn. Stat. § 169.15. It establishes a petty misdemeanor for driving into a signalized intersection and blocking subse-quent movement of cross traffic, with certain exceptions. Violation does not constitute grounds for license suspen-sion or revocation. Effective Jan. 1, 2011, and applies to acts committed on or after that date.

• Violation for walking past lowered railroad arm established. Section 30 adds a subdivision to Minn. Stat. § 169.26. It establishes a violation carrying a $100 penalty for pedestrians who walk past a railroad arm that is down, or when a bell or other signal is warning of the presence of a train. Effective Aug. 1, 2010.

• Use of shoulders by buses outside metro area authorized. Section 31 amends Minn. Stat. § 169.306 by expanding MnDOT’s authority to authorize use of shoulders by buses on divided highways throughout the state. (Current law restricts this use to the metropolitan area.) Effective Aug. 1, 2010.

• Certain equipment allowed to be mounted on windshield. Section 32 amends Minn. Stat. § 169.71, subd. 1 to allow a person to mount driver feedback and safety-monitoring equipment behind or near the rear-view mirror on a vehicle’s windshield. Effective Aug. 1, 2010.

• Vertical display of motorcycle plates authorized. Section 33 amends Minn. Stat. § 169.79, subd. 3 to allow vertical display of personalized vertical motorcycle license plates. Effective Aug. 1, 2010.

Page 74 League of Minnesota Cities

• Certain cargo tank vehicles exempt from weight restrictions. Section 35 adds a subdivision to Minn. Stat. § 169.87. It exempts from seasonal weight restric-tions imposed by the commissioner cargo tank vehi-cles with two or three permanent axles when they are delivering propane for heating or dyed fuel oil if the tank is loaded at a maximum of 50 percent capacity. To be exempt, a cargo tank vehicle used for propane must: utilize the forward two tank compartments; have a gauge on the tank that shows propane content; and, if it carries dyed fuel oil, must carry documentation of the empty weight of the cargo tank vehicle. To the extent practicable, exempt vehicles must complete deliveries on restricted roads by noon and before the last week of April. Effective Aug. 1, 2010.

• Walking and biking facilities added to MnDOT purpose. Section 38 amends Minn. Stat. § 174.01, subd. 1, the section of statute that creates the Department of Transportation, to add the purpose of creating an inte-grated transportation system, including walking and bicycling facilities. Effective Aug. 1, 2010.

• MnDOT’s mission expanded. Section 39 adds lan-guage to Minn. Stat. § 174.01, subd. 2, the goals for the state’s transportation system, to minimize fatalities and injuries, increase access, ensure economic well being and quality of life, enhance economic development, enhance appeal of tourist destinations, provide transit services to all counties, promote accountability, ensure maintenance of the system, and increase walking, bicycling, and use of transit as a percentage of all trips. Effective Aug. 1, 2010.

• Greenhouse gas emission reduction added to MnDOT’s mission. Section 40 amends Minn. Stat. § 174.02, subd. 1a to include in MnDOT’s mission the reduction of greenhouse gas emissions. Effective Aug. 1, 2010.

• Disadvantaged Business Enterprise Program evaluation required. Section 41 creates Minn. Stat. § 174.186. It requires the commissioner of MnDOT to convene regular meetings of the Disadvantaged Business Enterprise Program and Workforce Inclusion Collab-orative to evaluate MnDOT’s Disadvantaged Business Enterprise Program and recommend necessary program changes. A report must be submitted to the Legislature by Feb. 1, 2011. Effective May 16, 2010.

• “State source funds” defined for transit purposes. Section 42 adds a subdivision to Minn. Stat. § 174.22. It defines “state sources of funds” for the public tran-sit participation program in order to draw a distinction between state and federal funding streams. It states that “state sources of funds” means “funding for the pub-lic transit participation program appropriated from (1) the general fund, and (2) the Greater Minnesota transit account.” Effective Aug. 1, 2010.

• Public transit grant approval process modified. Section 44 modifies Minn. Stat. § 174.23, subd. 2, the approval process for providing public transit grants, so

that regional development commissions review but do not approve the grants. Effective Aug. 1, 2010.

• Greater Minnesota Transit Investment Plan provision clarified. Section 45 amends and clarifies Minn. Stat. § 174.24, subd. 1a, the Greater Minnesota Transit Investment Plan, so that the plan for meeting certain percentages of needs is based on total needs as opposed to those remaining needs that are unmet, and the plan identifies the costs necessary to meet 100 per-cent of service needs. Effective Aug. 1, 2010.

• Transit Assistance Program clarified. Section 46 clarifies Minn. Stat. § 174.24, subd. 2 to provide that aid under the Transit Assistance Program is only for distribu-tion outside of the metropolitan area except for certain federal funds. Effective Aug. 1, 2010.

• Acceptance and allocation of federal transit assis-tance funds authorized. Section 47 adds a subdivi-sion to Minn. Stat. § 174.24. It establishes that MnDOT may receive and allocate federal transit assistance funds and provides program implementation and rulemak-ing authority. It requires that the federal funds must be maintained in separate accounts from state funds, and that all transit assistance aid go only to eligible recipients. Effective Aug. 1, 2010.

• Minimum local match requirement for transit aid clarified. Section 48 amends Minn. Stat. § 174.24, subd. 3b to clarify the minimum local match requirements for local transit providers receiving state and federal aid, so that: (1) the minimum local effort percentages set in statute can be modified in cases of federal programs that allow or require a lower local match (or no local match); (2) local effort percentages under current law are calcu-lated against the amount of contracted assistance from the state; and (3) an obsolete provision concerning the Duluth Transit Authority is removed. Effective Aug. 1, 2010.

• Payment schedule for assistance to transit providers established. Section 49 amends Minn. Stat. § 174.24, subd. 5. It establishes that the payment sched-ule for assistance to transit providers only applies to state (and not federal) aid. Effective Aug. 1, 2010.

• Transit report to Legislature requirements modi-fied. Section 50 adds language to Minn. Stat. § 174.247. It modifies the annual transit report to the Legislature, to: (1) require additional detail on transit system finances; (2) identify programmatic differences between the state program and federal requirements; and (3) include an analysis of transit needs. Effective Aug. 1, 2010.

• Minnesota Council on Transportation Access established. Section 51 creates Minn. Stat. § 174.285. It establishes the Minnesota Council on Transpor-tation Access to improve coordination, availability, cost-effectiveness, and safety of transit services to the transit-dependent. The section establishes the duties and membership of the council and requires an annual report beginning in 2012. The council chairperson will be a

2010 Law Summaries Page 75

liaison with legislative Transportation Committees and appropriate subcommittees to coordinate the council’s meeting schedule and activities. Members of the council receive reimbursement of expenses. The section expires June 30, 2014. Effective Aug. 1, 2010.

• “Complete streets” defined and MnDOT required to implement policy. Section 52 creates Minn. Stat. § 174.75 relating to complete streets. It defines “complete streets” as “the planning, scoping, design, implementation, operation, and maintenance of roads in order to reason-ably address the safety and accessibility needs of users of all ages and abilities. Complete streets considers the needs of motorists, pedestrians, transit users and vehicles, bicyclists, and commercial and emergency vehicles moving along and across roads, intersections, and crossings in a man-ner that is sensitive to the local context and recognizes that the needs vary in urban, suburban, and rural settings.” It requires the commissioner of MnDOT to implement a complete streets policy after consulting stakeholders and local governments and integrating context-sensitive design solutions. It requires the commissioner to report on complete streets implementation in the agency’s biennial budget submission, beginning in 2011. It encourages local road authorities to adopt complete streets policies that reflect local context and goals. Local policies may exceed statutory complete streets principles. Finally, it directs the commissioner of MnDOT, in evaluating a complete-streets-related variance request, to consider published standards of American Association of State Highway and Transportation Officials (AASHTO) and, in urban areas, the Institute of Transportation Engineers. The commis-sioner must provide written reasons for a denial of a vari-ance request related to complete streets. (See also section 72 on page 76). Effective Aug. 1, 2010.

• Commuter Rail Corridor Coordinating Committee membership modified. Section 53 amends Minn. Stat. § 174.86, subd. 5 by modifying membership of the Commuter Rail Corridor Coordinating Committee to include two ex-officio members of labor organizations that are involved with rail lines. Effective Aug. 1, 2010.

• MnDOT directed to apply for federal railroad safety technology grants. Section 54 adds language to Minn. Stat. § 219.01. It directs the commissioner of MnDOT to apply in timely fashion to the Federal Rail-road Administration for railroad safety technology grants. The commissioner must solicit grant requests from eli-gible railroads and prioritize grant requests for installa-tion of switch indicator signals where posted speeds are over 20 mph and apply annually for grant funding until all nonsignalized track territory in the state has switch indicator signals installed and in operation. The commis-sioner must report to the legislative transportation chairs acceptance by a Class I or Class II railroad of federal grant program funding. The section also requires par-

ticipating railroads to: provide the 20 percent nonfederal match; cooperate with the commissioner by providing technical documentation; and install rail safety technol-ogy obtained under this section in compliance with fed-eral requirements. Effective Aug. 1, 2010.

• Grade Crossing Safety Account funding increase provided. Section 58 is a League initiative that amends Minn. Stat. § 299D.03, subd. 5 by increasing from $600,000 to $1 million the amount of fine and forfeited bail revenue collected from persons apprehended or arrested by the State Patrol that must be credited to the Minnesota Grade Crossing Safety Account in the special revenue fund. Effective Aug. 1, 2010.

• Right-of-way acquisition loan eligibility expanded. Section 61 amends Minn. Stat. § 473.167, subd. 2a by broadening the conditions for loan eligibility under the Right-of-Way Acquisition Loan Fund (RALF) Program to eliminate the requirement that a property owner must be facing hardship circumstances. “Manu-factured home” is added to the definition of “homestead property” for purposes of eligibility for loans for acquisi-tion and relocation. Effective Aug. 1, 2010.

• Metropolitan Council buses use of adjacent parkways authorized. Section 62 amends Minn. Stat. § 473.411, subd. 5 to allow Metropolitan Council buses to use parkways adjacent to the City of Minneapolis for regular route transit service, subject to permission of a joint board consisting of two representatives of the Met-ropolitan Council, two representatives of the park board, a fifth member jointly selected by the other members, and a nonvoting member appointed by the council of the city in which the parkway is located. Effective Aug. 1, 2010.

• Job training funds provided and Hastings bridge construction traffic mitigation funded. Section 66 makes changes to Laws 2009, ch. 36, article 1, section 3, subd. 3, MnDOT’s State Roads fiscal year 2011 appropria-tions. It designates $200,000 annually of the existing appropriation from the trunk highway fund for job training related to highway construction and business training for disadvantaged business enterprises. It also appropriates up to $250,000 of the existing appropriation from the trunk highway fund for operation of bus service between Hastings and St. Paul to mitigate traffic impacts related to the Hastings bridge construction project. Effective July 1, 2010.

• Roundabout design specifications to accommodate commercial vehicles development required. Section 68 is a 2010 session law that directs the commis-sioner of MnDOT to develop specifications or standards on the design of roundabouts, in consultation with spec-ified groups. The specifications must consider suitability of roundabout designs for commercial motor vehicles. This section is effective the day following final enact-ment. Effective May 16, 2010.

Page 76 League of Minnesota Cities

• Alternative finance mechanisms authorized. Section 69 is a 2010 session law that authorizes MnDOT to apply for and utilize alternative finance mechanisms available through federal programs, including the Trans-portation Infrastructure Finance and Innovation Act (TIFIA) in a pilot program for a single transportation project. The commissioner of MnDOT must report on results. Effective May 16, 2010.

• Study of funding options for Stillwater Bridge required. Section 71 is a 2010 session law that requires the commissioner of MnDOT to report, by Jan. 15, 2011, to the chairs and ranking minority members of the legislative transportation committees concerning poten-tial value capture or public-private partnership options, which may include charging tolls, to be used in con-struction of a new bridge over the St. Croix River at or near Stillwater. Effective Aug. 1, 2010.

• Complete streets report required. Section 72 is a 2010 session law that requires the commissioner of MnDOT to submit the following complete streets reports electronically to the chairs and ranking minority members of the legislative transportation committees:oBy Jan. 15, 2011, a summary of complete streets initia-

tives and plans, and identification of statutory barriers. oBy Jan. 15, 2012, a summary of complete streets col-

laboration, steps toward implementing complete streets, development of performance indicators, and needed statutory changes.

oBy Jan. 15, 2014, an overview of complete streets implementation, results of state-aid standards flexibility, and recommended statutory changes. (see also section 52 above). Effective Aug. 1, 2010. (AF)

Work zone speed limits, seatbelt requirements, and driving manual requirements modifiedChapter 356 (HF 3263*/SF 3106) makes modifications to work zone speed limits, seat belt requirements, and driving in the right-hand lane.• Work zone speed limits modified. Section 1 adds a

provision to Minn. Stat. § 169.14, subd. 5d. It provides

that on two-lane highways having one lane for each direction of travel with a posted speed limit of 60 miles per hour or greater, the commissioner or local authority may establish a highway work zone speed limit that does not exceed 40 miles per hour. Effective Aug. 1, 2010.

• Seatbelt provision clarified. Section 2 amends Minn. Stat. § 169.685, subd. 6 by adding school bus driv-ers to the list of vehicle operators that are authorized to operate a vehicle with child passengers who are not restrained. Effective May 18, 2010.

• Instruction on right-hand lane use required. Section 3 adds a subdivision to Minn. Stat. § 171.13. It provides that drivers manuals produced after August 1, 2010, must contain instructions relating to circumstances under which a driver of a motor vehicle should drive in the right-hand lane of a highway that is divided into more than one lane in the same direction of travel. Effective Aug. 1, 2010. (AF)

State road construction and interchange account fundedChapter 388 (HF 2801*/SF 2461) provides $100.1 million in trunk highway bonds for the fiscal year 2011. The funds are to be spent as follows:• Trunk highway improvements funded. About

$30 million is for construction, reconstruction, and improvement of trunk highways, including design-build contracts and consultant usage to support these activities. This includes the cost of right-of-way acquisition and relocation expenses.

• Interchanges funded. About $70 million is for inter-changes involving a trunk highway, where the inter-change will promote economic development, increase employment, relieve growing traffic congestion, and pro-mote traffic safety. The funds must be distributed equally between the metropolitan area and Greater Minnesota.

• Administration costs funded. About $100,000 is to cover the cost of administering the bond sales and distri-bution.

Effective May 28, 2010. (AF)

2010 Law Summaries Page 77

BILLS VETOED BY THE GOVERNOR

BONDING

Line-item vetoed provisions in the 2010 omnibus bonding billChapter 189 (HF 2700*/SF 2360) is the 2010 omnibus bonding bill. Gov. Pawlenty made 52 line-item vetoes, reducing the price tag on the bill from $999 million to $680 million, and signed the remainder of the bill into law. The following are general and local city-interest provi-sions that were vetoed:• Cooperative local facilities grants—$1 million.• Library accessibility and improvement grants—$2 million.• Early childhood learning and child protection facilities

grants—$2 million.• Minnesota Housing Finance Agency—$10 million.• Port development assistance—$3 million.• Range Regional Airport—$3.7 million.• Department of Transportation Regional Training Center

in Arden Hills—$6.5 million.• Greater Minnesota transit—$2.5 million.• Metropolitan Council Transit Capital Improvement

Program—$43 million.• Local projects:oChatfield Potter Center for the Arts—$2.2 million.oMankato Civic Center/All Seasons Arena—$12 million.oMaplewood East Metro Regional Fire Training

Facility—$3 million.oMinneapolis Granary Road Storm Water Infrastructure—

$4 million.oPrinceton Public Safety Building—$2 million.oRochester Mayo Civic Center expansion—$28 million.oSt. Cloud Civic Center expansion—$13 million.oSt. Paul Asian Pacific Cultural Center—$5 million.oSt. Paul Hoffman Interlocking Rail Yard—$1 million.

(JO/AF/CJ)

CIVIL LAW

Wrongful death actions by domestic partners authorizationChapter 355 (HF 454/SF 341*) would have permitted surviving domestic partners to present notice of death by a wrongful act or omission and would have allowed domes-tic partners of decedents the right to control decedent remains disposition. The chapter also would have autho-rized a domestic partner to recover damages caused by a wrongful death act or omission. (AF)

Controlled substance purity determination requirementChapter 367 (HF 2757/SF 3145*) would have amended the definition of “mixture” in Minn. Stat. § 152 (Con-trolled Substances). It would have required law enforce-ment to determine the purity of a mixture that contains a controlled substance residue before weighing the con-trolled substance for purposes of determining the level of offense. Currently, law enforcement may make charging decisions based on the entire weight of a mixture that con-tains a controlled substance residue even if the drug residue is a small fraction of the mixture. (AF)

DATA PRACTICES

Hospital employee exemption from salary reportingChapter 312 (HF 3327*/SF 2594) would have excluded employees of city or county-owned hospitals from Minn. Stat. § 471.701, notice requirement enacted in 2005. Cur-rent law requires a city or county with a population over 15,000 to notify residents of the positions and base salaries of the three highest-paid employees. According to testi-mony, there are seven city or county owned hospitals in the state that fall under this statute (counties of Douglas, Meeker, Hennepin, Kanabec, and Renville, and the cities of Northfield and Willmar). (AF)

ELECTION

Prohibition on coercion against a candidateChapter 291 (HF 2510/SF 2226*) would have prohibited coercion against a person who is, or is considering being, a candidate. (AF)

EMPLOYMENT

School employee health insurance pool createdChapter 322 (HF 866/SF 915*) would have required school districts to obtain employee health insurance cov-erage through the Public Employees Insurance Program (PIEP). (AF)

Whistleblower protections for state employeesChapter 345 (HF 1531/SF 271*) would have amended the “whistleblower” law to add protections for an employee in the classified service of state government who communi-cates information that the employee, in good faith, believes to be truthful and accurate and that relates to state services, including the financing of state services, to a legislator or the legislative auditor or a constitutional officer. (AF)

This section contains some of the 2010 bills of interest to cities that the governor vetoed.

Page 78 League of Minnesota Cities

BILLS VETOED BY THE GOVERNOR

ENVIRONMENT

Mt. Simon-Hinckley aquiferChapter 341 (HF 3173*/SF 2185) would have expanded the prohibition that currently exists in the metropolitan area on non-domestic water uses of the Mt. Simon-Hinckley aquifer, the deepest and cleanest aquifer in the metropolitan area, to apply to the entire aquifer, which lies under roughly the southeastern third of the state. This bill was initially intended to prevent a power plant from using a large amount of water from that source for cooling. The plans for the plant have now changed to use reconditioned water discharged from the regional wastewater treatment facility rather than clean groundwater. The League worked with Department of Natural Resources (DNR) and the bill authors to craft language that continued to preserve that aquifer for drinking water needs. That bill was vetoed by the governor over of concerns raised by agricultural and business interests. This legislation is not likely to be back next year. (CJ)

Line-item veto: Micro-grants for lake quality volunteersThe governor exercised his line item veto authority in Chapter 361 (HF 3702/SF 3275*) to cancel a $100,000 appropriation from the clean water fund. The funding included in a section of the bill that had not existed prior to the conference committee, but seemed to replace a sec-tion that had funded the Star Lakes program. The governor has previously vetoed funding for that program and his veto message refers to that reasoning for his decision to veto this funding. (CJ)

GENERAL GOVERNMENT

Minnovation CouncilChapter 398 (HF 2227*/SF 1880) would have created another state/local innovation type council (Minnesota + Innovation = Minnovation), somewhat modeled on the former Board of Innovation and Cooperation. (JO)

TAXES

Budget balancing/income tax increase billChapter 340 (HF 2037*/SF 1556), the initial budget-balancing bill, which included a ratification of the gover-nor’s unallotments, but was vetoed due to the inclusion of a fourth-tier income tax bracket that the Legislature included to help balance the state’s budget. (GC)

Line-item veto: Chisago County carbon-neutral industrial park appropriationChapter 389 (omnibus tax bill), article 10, section 7 would have provided a one-time appropriation to the commis-sioner of Commerce to make a $100,000 grant to Chisago County for development of a carbon-neutral industrial park that received federal stimulus funding in 2009. (GC)

Line-item veto: City of Princeton biomass facilityChapter 389 (omnibus tax bill), article 10, section 8 would have provided a one-time appropriation to the commis-sioner of Employment and Economic Development to make a $100,000 grant to the city of Princeton for engi-neering and preliminary design of a biomass facility and industrial park improvements for renewable energy devel-opment. (GC)

Line-item veto: Department of Revenue Ely office improvementsChapter 389 (omnibus tax bill), article 10, section 9 would have provided a one-time appropriation to the commis-sioner of Revenue for improvements at the Department of Revenue’s Ely facility. (GC)

2010 Law Summaries Page 79

BILLS THAT DID NOT BECOME LAW

BONDING

Hiring/reporting requirements for bond recipientsHF 3184/SF 2809 requires that any project using any amount of state bond proceeds must meet a list of employ-ment recruiting, training, hiring, and reporting mandates to demonstrate that people in targeted demographic groups are being employed in the project. Most state agencies and all local government entities opposed this legislation. Many of the identified classes of prioritized employees could only be identified by asking for information from appli-cants that is not legal to require or request. The legislation will be back for further discussion in the next session. (CJ)

CIVIL LAW

Attorney fees in civil actionsHF 3132 would have required the awarding of attorney fees and other expenses to a prevailing party in a civil action unless special circumstances make an award unjust, provided that the action is a civil action other than a tort action, the municipality’s orders or total cost of compliance with the orders is in an amount of $10,000 or more, the prevailing party is not the municipality, and the position of the munic-ipality was not substantially justified. (GC)

Public safety equipment donation HF 2896/SF 2746 would have extended civil immunity to municipalities that donate public safety equipment. (GC/AF)

Municipal and state tort caps reducedHF 2669/SF 2834 would have reduced the tort liability limits from the current $1.5 million per occurrence to $1 million per occurrence and prohibited a municipality from requiring any individual or entity contracting with the municipality to provide liability insurance or other security in excess of the liability limits. This initiative was introduced for various organizations that lease public land for ATV and snowmobile events. (GC)

Statute of limitationsHF 3840/SF 3023 would have reduced the limitation period for bringing certain legal actions under Minn. Stat. § 541.05, subd 1, from six years to four years. (GC)

ECONOMIC DEVELOPMENT

Automatic extension on building permitsSF 2167 was an early jobs bill containing a number of provisions, but one that would have granted an automatic extension of any building permit with the idea that this would keep construction projects alive and avoid the cost and time of going through the city for an extension. The League opposed this on the grounds that most cities were granting extensions, but that local control was an impor-tant piece in making sure projects were good to move ahead. (JO)

JOBZ repealHF 3627/SF 3312 would have repealed the Job Opportu-nity Business Zones (JOBZ) program and reduced the cor-porate franchise tax rate. (JO)

Merger of DEED business development programsThe governor announced early his proposal to merge a number of the business development programs within Department of Employment and Economic Development (DEED). The biggest change was that the Greater Min-nesota Business Development fund would apply state-wide—presently it is just Greater Minnesota, and it would be combined with the bioscience-focused version that is already statewide. During conversations and presenta-tions, DEED staff expressed hope that combining programs would ultimately yield more dollars and more flexibility. The proposal called for a 50/50 split between the metro and Greater Minnesota. (JO)

Transit-oriented development TIF and bondingHF 3218/SF 2919 would have allowed for a new kind of tax increment financing (TIF) for transit-oriented devel-opment. This would have been a tool to assist cities with the infrastructure needs around transit stations. A similar bill was brought forward by the League of Minnesota Cit-ies, Metro Cities, and Minnesota Solutions last year as HF 1431/SF 974. Additionally, a bonding request for $5 mil-lion for DEED’s transit improvement areas did not prog-ress. (JO)

This section contains some of the bills and amendments of interest to cities that did not reach the governor’s desk and, therefore, did not become law during the 2010 legislative session.

Page 80 League of Minnesota Cities

BILLS THAT DID NOT BECOME LAW

Market-rate housing TIF poolingHF 2511/SF 2255 would have added a new category for permitted pooling expenditure by allowing these funds to be used for more market-rate housing in certain targeted neighborhoods with heavy foreclosure rates. The initial bill was scaled back considerably to address concerns by mem-bers that the increment would be used to buy expensive houses—a cap was added to this provision. The tax confer-ence committee ultimately voted the provision in. Unfor-tunately, it was left out inadvertently in the final bill sent to the governor. This new pooling authority would have expired in 2015. (JO)

Vikings stadiumHF 3825/SF 3399 was a late introduction bill that would have set up the funding mechanisms for building a new Vikings football stadium. (JO)

DEED/DOLI reorganizationSF 2874 would have reorganized two major state agencies, the Department of Employment and Economic Develop-ment and the Department of Labor and Industry—and likely would have created one new department. This was a different take on the redesign and collaboration bills that were a hot topic at the Legislature this year. This bill spelled out a detailed three-tiered process involving inside employees, managers, and then outside groups—in redesign-ing or organizing the work of these two departments. (JO)

EMPLOYMENT

Prospective employee credit checksHF 3592/SF 3112 would limit the conditions under which an employer can conduct a credit check on a pro-spective employee. (AF/JO)

Federal conformity on overtimeHF 2912/SF 2347 would have made the state law on over-time (which currently begins at 48 hours a week) con-sistent with federal law (which begins at 40 hours). The authors did amend the bill to address the League’s concerns dealing with seasonal, part time workers that cities’ often employ for parks/recreation, etc. The bill ultimately died as several other categories of seasonal workers came up, such as those in the agriculture/implement dealer industry and authors were unable to find a workable solution. (JO)

Four-day work weeks for countiesHF 3358 was introduced as a pilot bill for Mower County and failed to make its way out of the House Local Govern-ment Committee after the unions testified against it. The bill essentially would have allowed this one county to go to a four-day work week, which they are currently prohib-

ited from doing. Advocates spoke of the energy savings and such from closing buildings one day a week. (JO)

Veterans’ preference attorney feesSF 2920/HF 3332 would have provided a prevailing party seeking the enforcement of veterans’ preference rights with attorney fees and costs. (GC)

ENVIRONMENT

Public water suppliers targetedNumerous bills were introduced this session that would have dramatically affected how public water suppliers are required to operate. These pieces of legislation would sig-nificantly increase the cost of operating drinking water systems and would strand those utilities with millions of dollars a year in new fees, uncollected bills, and uncovered expenses. It is likely that most, if not all, of these proposals will return next session. (CJ)

Metro groundwater monitoringHF 3502/SF 3138 proposed having the Department of Natural Resources (DNR) establish an automated network of monitoring wells throughout the 11-county metropoli-tan area to monitor and map groundwater and to integrate that information with existing groundwater data from cit-ies and other agencies. It proposed using $5 million from the new clean water fund and having an additional $8 per million gallon fee on groundwater appropriations in the region, which raises $1.1 million per year. The House moved forward with this proposal, but the Senate chose to drop the fee component and only recommend using the clean water fund money on this effort at this time. That ended up being the final agreement, with $4 million this year and $1 million next year being allocated from that source. That is only 60 percent of the necessary funds for the project, however, so future discussions of how to cover the remaining $4.3 million and the system’s ongoing oper-ational costs of about $800,000 per year will be a topic of discussion at the next legislative session.

As large as this proposal is, this data is probably going to be necessary as cities work to assure sustainable, safe drink-ing water supplies over the next 20 years. The League sup-ported the full proposal as long as all groundwater users were required to pay the same rate, the money went to a dedicated fund for its intended purpose, the agency made use of existing wells and data to reduce costs, and the fee was reduced to $6 per million gallons in the out years to match the anticipated cost of the O&M. The League does, however, support further use of the clean water fund for this purpose, as well, because it must use 5 percent of the rev-enue collected for groundwater protection. Any additional clean water fund resources in future years would lessen the fee revenue needed for the project. (CJ)

2010 Law Summaries Page 81

BILLS THAT DID NOT BECOME LAW

Public water supplier mandatesHF 3849/SF 3417 is titled the Municipal Water Consumer Protection Act and includes 26 pages of new restrictions and regulations on public water suppliers, including man-dates to provide service to any applicant without deposit unless a specific set of criteria are met, sets sweeping restrictions on the collection of unpaid water charges and disconnection of service, sets specific limits on rates and hardship determinations, changes liability of public water suppliers, and supersedes all existing local controls and ordinances. A version of this bill was discussed early in the legislative session, but was not moved forward. This lan-guage was introduced in the final days of the session and did not receive a hearing. It is championed by tenants’ organizations and is likely to reappear in the next session. The League has strongly opposed this legislation. (CJ)

Water rate mandatesHF 2259 would have required that water bills always be set at a level that fully covers all costs of the utility and would have prevented other funds from being used to support a water utility. Given how frequently major water users can have changes in demand this would have left cities scram-bling to constantly adjust water rates. The League and the Minnesota Rural Water Association testified about these and other concerns with the bill language. It did not move forward this session. The Senate companion, SF 2655, was not scheduled for a hearing. (CJ)

Manufactured home water fee mandatesHF 3401 would require public water suppliers to charge manufactured homes as individual residences using the residential rate. It was not scheduled for a hearing and had no Senate companion. (CJ)

Enterprise fund requirementHF 3444 would require that all public water suppliers serving more than 1,000 people must form an enterprise fund for future infrastructure costs, including expansion, repair, and replacement. The bill was not scheduled for a hearing and had no Senate companion. (CJ)

Coal tar sealant banHF 3456/SF 3133 bans the sale and use of coal tar pave-ment sealants in the state. An informational hearing on the issue was held in the House Environment Policy Com-mittee. Coal tar sealants contain as much as 30 percent by weight of compounds known as polycyclic aromatic hydrocarbon (PAH), a likely carcinogen. Recent dredg-ing of stormwater ponds in Minnesota have found high enough levels of this compound to require that the dredge

material be shipped to lined landfills for disposal. The League strongly supported this legislation, but it was intro-duced too late to be considered this session. It will be brought back next year. (CJ)

Green cleaning products mandateHF 2968/SF 2593 failed to meet policy deadlines at the Legislature this session but will return as an issue next year. The legislation would require that all public building be cleaned only with products purchased through the state purchase contract and approved as environmentally sensitive. The League worked closely with counties and schools to edu-cate members on how many types of structures are publically owned, how tightly strapped communities are for resources, and unintended consequences of the mandate. (CJ)

Environmental review reformHF 3079/SF 2761 was a package of changes to the envi-ronmental review provisions of state law intended to streamline the process without removing aspects of envi-ronmental review. Some small parts of this were passed in the agricultural omnibus bill and the environmental omnibus bill, but most of the recommendations were not adopted. Key provisions that were not passed include set-ting a state goal of having the Department of Natural Resources and Minnesota Pollution Control Agency issue permits within 150 days or report why it has taken longer and to have appeals of local environmental review deci-sions go directly to the court of appeals. These changes are very likely to be brought back as a proposal of the Cham-ber of Commerce. The League supported this package of recommendations. (CJ)

Local impact of state land purchaseMany hours of committee time were spent over the past session discussing the amount of land owned by the state, the costs of managing those lands, and the impacts that state ownership of land have on local governments. A large part of the discussion centered on payment-in-lieu-of-taxes, which cities do not receive except for in one instance. The debate will continue next year as the state looks at additional land purchase using the new outdoor heritage funds. (CJ)

Buckthorn managementHF 418/SF 1176 is a simple bill that allows a municipality to adopt an ordinance requiring buckthorn to be removed from public and private property. The bill ended up stalling out when state agencies complained that they could face massive fiscal costs if they were forced to remove buckthorn from state land. The League supports the legislation. (CJ)

Page 82 League of Minnesota Cities

BILLS THAT DID NOT BECOME LAW

Agency restructuringHF 2084/SF 1657 established a large advisory group to make recommendations on a new structure for environ-mental agencies in the state. (CJ)

Railroad exemptions from stormwater feesHF 3173/SF 2848 exempted railroads from paying storm-water utility fees to municipal stormwater utilities. It was not heard in the Senate after failing to meet House policy committee deadlines. (CJ)

Basin managementHF 1734/SF 2085 relates to water management and fund-ing by water basins. The individual bill, which did not receive a hearing in the Senate but was heard in the House, proposed to give watershed basins levy authority and had planning requirements for the basin. The basin would only be allowed to keep half of what they raised via the new levy. The other half would be distributed to watershed dis-tricts within the basin. The current ability for watershed districts would remain in effect. Section 48 of Chapter 361, the environment, energy and natural resources policy and finance bill, contains a policy statement related to this leg-islation that was passed. (CJ)

GENERAL GOVERNMENT

Efficiency Plus Access TaskforceHF 2431 was an early omnibus education bill that did not become law, but did contain in article 2, section 23 a pro-vision that would create Efficiency Plus Access Taskforces around the state. The idea behind it is to reduce education and administrative costs, while bringing more efficiency to the school districts, through collaboration and cooperation without requiring consolidation or increasing bus time for students. This would have been required for districts with a population of less than 5,000 students, and optional for the larger districts. Work would have begun this summer and fall, with a report to the state education commissioner by Oct. 15. Among their duties, would have been to look at having extracurricular activities (sports, etc.) taken over by community recreation programs. (JO)

Buy American apparel repealAn attempt to weaken the buy American mandate was brought forward as an amendment to an omnibus bill at the end of the session, but failed with a wide margin on a House floor vote. The language essentially would have allowed for purchasing non-American if the mark-up was more than 10 percent. (JO)

Policy Innovation and Research TaskforceHF 2884/SF 2498 would have created the Policy Inno-vation and Research Taskforce designed to feed timely research into the legislative process, more than what cur-rently occurs. This bill was often grouped together with the other innovation/collaboration/streamlining govern-ment efforts that were introduced and moved forward this session. (JO)

Ice arena air quality mandateHF 3512/SF 3175 would have mandated installation of an electronic air monitoring device in every indoor ice arena. (AF)

Moratorium on unfunded mandatesHF 3087/SF 2747 would have prohibited the Legislature from enacting a law or a state agency from adopting a rule that imposes a new unfunded mandate, or that increases the cost of a prior mandate, on a Minnesota business or on a city, county, school district, or town. (GC)

Electronic advertising devices moratoriumSF 2369/HF 2921 would have enacted a moratorium until June 30, 2013, on the erection, conversion, or modification of an electronic advertising device. The restrictions would have applied to an advertising device whose advertising area or content is visible to a motorist from any street or highway, including streets and highways within a statutory or home rule charter city. (GC)

HOUSING

Eminent domain for abandoned propertiesHF 1537/SF 1659 was an effort to expand on the eminent domain law and allow cities the ability to acquire aban-doned properties in certain neighborhoods with high concentrations of vacant and deteriorating properties. This bill was introduced in 2009 and received hearings on the House side last year, and Senate committees this year. While the bill was amended in 2010 to address property concerns by the MN Realtors, it ultimately did not come up for a final vote on the House side this year. (AH/JO)

LAND USE AND GROWTH MANAGEMENT

Partial easement dischargeLanguage was repeatedly proposed to change the stat-utes allowing land owners to petition to have easements on their property discharged if they are not used for the purpose stated at condemnation. Under current law, the entire easement must be unused for the easement to be

2010 Law Summaries Page 83

BILLS THAT DID NOT BECOME LAW

discharged. The proposed change would allow portions of easements to trigger the same possible discharge.

The proposed changes can be viewed in SF 2602/ HF 3298, a bill that was opposed by the League and that failed to meet policy deadlines in the Legislature. The House author withdrew the bill from being heard in com-mittee after concerns were raised by the League. The same language, however, was offered repeatedly as an amend-ment to other legislation in the final two weeks of the legislative session. The League worked closely with the Minnesota Inter-County Alliance, the Association of Min-nesota Counties, the Department of Transportation, and the Department of Natural Resources to successfully oppose these amendments. Given that the individual who asked for this legislation is currently appealing his lawsuit against Douglas County to the Supreme Court, it is likely that this issue will return next session. (CJ)

St. Croix River variance certificationHF 3406/SF 2593 was a reaction to the ruling related to the Hubbard property along the St. Croix River where it was determined that the Department of Natural Resources (DNR) did not have the authority to reject a local vari-ance decision. The League pointed out that the DNR still has the authority to challenge variances and ordinances that it believes do meet appropriate state shoreland requirements in district court, which is how it handles the matter everywhere else in the state. The DNR agreed that they still had that authority. The bill was laid over, but may come back next session in some form. (CJ)

Annexation feesHF 3181/SF 2835 would have established requirements for amounts and types of compensation paid to towns during annexation proceedings. The bill was supported by the League and is likely to be introduced in the next session. (CJ)

LIQUOR

Sunday salesAn amendment was attempted this year that would have allowed off-sale liquor stores to be open and sell on Sun-days. The same idea was brought forward as legislation in 2009 as HF 1294. Proponents argued this would bring in more dollars to state coffers, as well as convenience for consumers. Opponents argued it would increase overhead for stores as people would not necessarily purchase more. After this initial amendment failed, a holiday version lim-iting Sunday sales to Thanksgiving weekend through the New Year’s weekend also failed. (JO)

Conditions on liquor licensesHF 3121/SF 2699 would have amended Minn. Stat. § 340A.415 to clarify that cities have the ability to issue conditions on liquor licenses. The legislation also called for increasing the civil penalty from $2,000 to $10,000. The Minnesota Licensed Beverage Association was most active in opposing the bill. (JO)

OPEN MEETING LAW

Open Meeting Law modificationsHF 2958 /SF 2518 would have codified case law reflect-ing decisions courts have made as well as updating the law to reflect current technology, including adding definitions of “meeting” and “public body” as well as clarifying which meetings are subject to the law. (AH)

STATE BUDGET REFORMS

State budget modificationsHF 2038/SF 1481 would have modified many state bud-get practices, including a requirement that budget fore-casts include the impacts of inflation on expenditures and a requirement that an analysis of relevant demographic trends be included in the forecast. (GC)

Unallotment limitationSF 2566/HF 2866 would have restricted the governor’s unallotment authority to reductions that could not exceed 2 percent of the total state general fund budget and would have restricted the reduction in any one program to not more than 10 percent of the entire program appropriation. (GC)

Unallotment restricted to second half of the bienniumSF 2856/HF 3206 would have restricted unallotment actions to the second half of the state’s biennial budget cycle. (GC)

Unallotment must apply to state contractsSF 2169/HF 2690 would have required the commissioner of Management and Budget to reduce expenditures on contracts with outside vendors by at least the same per-centage that general fund appropriations to an executive agency are reduced. (GC)

Unallotment repealSF 2318/HF 2395 would have repealed the governor’s authority to unallot state appropriations in the event of a budget deficit. (GC)

Page 84 League of Minnesota Cities

BILLS THAT DID NOT BECOME LAW

TAXES

Local option sales taxesSeveral bills would have authorized cities to impose local option sales taxes, including Ely (SF 3341/HF 3767), Marshall (SF 2781/HF 3241), Cloquet (SF 3262/ HF 3695), Hutchinson (SF 2724/ HF 3092), Owatonna (SF 3349/HF 3752). The Senate originally included these proposed taxes, but the House did not accept them in the omnibus tax conference committee. (GC)

Local option sales tax moratorium extensionHF 3807 would have extended and expanded until May 31, 2012, the moratorium that currently restricts local governments from expending funds to advertise, promote, expend funds, or hold a referendum to support impos-ing or extending a local option sales tax. The moratorium would have also been expanded to restrict cities seeking extensions of existing local sales taxes. The moratorium is currently set to expire on May 31, 2010. (GC)

Tax forfeited property and special assessmentsHF 3717/SF 3308 was brought forward by the League and other city groups to address the situation of what happens with special assessments when a property goes into tax for-feit. The issue came up through the 2009 Improving Fis-cal Futures Committee; and staff investigation and survey work show that not all counties implement the statutes the same. The bill would have helped make the pay out of these special assessments a top priority when the property is then sold; some county property tax offices drop the assessment from the records. (JO)

Sales tax on clothing purchasesSF 2980 would have set a sale tax on clothing purchases and sewing supplies raising about $257 million in FY 2011. The idea was one of the recommendations coming out of the 2008-09 21 Century Tax Reform Commission appointed by the governor. (JO)

Sales tax exemptions on water and public safety systemsHF 2905 would have made a clarification on the sales tax that is paid on water by cities in public safety situations, for instance fighting fires. Other bills came forward that would exempt local governments from paying sales tax on their public safety radio communications—SF 2224, SF 2545, and SF 2798. (JO/AF)

Railroad exemption from certain levies and special assessmentsHF 3173/SF 2848 would have exempted class II and class III railroads from paying levies or special assessments related to stormwater infrastructure. (CJ/AF)

Market value homestead credit changesHF 3632 would have modified the residential market value homestead credit program to reduce the cost as an alterna-tive to the retroactive cuts to cities. (GC)

Special taxing district levies separately itemizedHF 2768/SF 2448 would have required the property tax statements to separately itemize all special taxing district property tax levies. Technical problems prevented this law change from occurring this year but the Department of Revenue will make recommendations during the 2011 session. (GC)

Local government aid study group membership expansionSF 2565/HF 2800 would have expanded the membership on the Local Government Aid Study Group from 10 to 12 members. The bill would have required that at least two of the members appointed by each tax chair must either rep-resent a city or group of cities not of the first class located in the seven-county metropolitan area or be a legislator from a district in which at least two-thirds of its population reside in towns or cities not of the first class located in the seven-county metropolitan area. (GC)

2010 Law Summaries Page 85

On May 21, Gov. Pawlenty signed into law Chapter 1 of the 2010 first special session. This law and the first supple-mental budget, Chapter 215 (HF 1671), which the gov-ernor signed on April 1, define the local government aid (LGA) and market value homestead credit (MVHC) fund-ing level for cities for distributions in 2010 and beyond.

2010 First Special Session Chapter 1 ratifies the gov-ernor’s 2009 and 2010 LGA and MVHC unallotments, but does not further reduce state aids to cities due to be paid in 2010 beyond the cuts in Chapter 215.

Under Chapter 215, cities will see a $52.5 million reduction in MVHC and LGA payments for the 2010 distribution. The bill also reduces city aid and credit dis-tributions for 2011 and beyond by $56.5 million. This spreadsheet is intended to help ease confusion over indi-vidual city cut amounts.

This spreadsheet shows changes in 2010 city LGA and MVHC separately. Both the supplemental cuts and 2010 rati-fied unallotment losses, if any, are shown for each. MVHC amounts for 2010 are still estimates. Cities are encouraged to speak with their county auditor for the most recent figures. The total impact for 2010 is also shown, both the amount a city can expect to lose to the ratified unallotment and supple-mental cuts and what the city can expect to receive for 2010.

For 2011, the estimated LGA amount that a city will receive is shown. These amounts are estimates because the LGA formula factors are not yet final. Estimated MVHC amounts are not yet available for 2011. The amounts shown are cut estimates and will equal the city’s final 2010 MVHC ratified unallotment. An “NA” indicates that the city’s 2011 MVHC was not cut during the 2010 session.

The spreadsheet is also available at www.lmc.org/media/document/1/citycuts_ch215.pdf.

Column descriptionsOriginal 2010 certified LGA—The amount of

2010 local government aid originally certified to each city in July 2009.

2010 LGA unallotment (ratified) cut—The amount of the reduction in each city’s LGA under 2010 First Special Session Chapter 1. These amounts are identi-cal to the 2010 unallotment reductions to each city first announced last summer by the governor.

2010 LGA supplemental cut—The amount of LGA reduction for each city under Chapter 215. For most cities, this amount is $0 due to the fact that the Chapter 215 cut was first taken from each city’s MVHC reimburse-ment and then, if needed, from each city’s LGA distribution.

2010 LGA post-unallotment and supplemental cuts (end of session)—The amount of LGA that will be distributed to each city after the ratified unallotment cuts and the supplemental budget cuts.

2010 Estimated MVHC as of March 28—The estimated amount of MVHC reimbursement originally allocated to each city in 2010. These figures were still estimates at the end of the 2010 legislative session.

2010 MVHC unallotment (ratified) cut (March 28 est)—The estimated amount of the reduction in each city’s MVHC under 2010 First Special Session Chapter 1. These amounts should be similar to the 2010 unallotment reduc-tions to each city first announced last summer by the gov-ernor, but these figures were updated in March to reflect more current, but not yet complete, information.

2010 MVHC supplemental cut (March 28 est)—The estimated amount of MVHC reduction for each city under Chapter 215. The Chapter 215 cut was first taken from each city’s MVHC reimbursement and then, if needed, from each city’s LGA distribution.

Estimated 2010 MVHC post unallotment and supplemental cuts (end of session)—The estimated amount of MVHC that will be distributed to each city after the ratified unallotment cuts and the supplemental budget cuts.

Total 2010 LGA/MVHC supplemental cuts—The total cut to each city under Chapter 215.

Estimated total 2010 LGA/MVHC supplemental and unallotment cuts—The total cut to each city under Chapter 215 and 2010 First Special Session Chapter 1.

Estimated total 2010 LGA/MVHC received post cuts (end of session)—The estimated amount of remain-ing LGA and MVHC after the 2010 supplemental cuts and the ratified unallotments.

Estimated 2011 LGA—The current estimate of each city’s 2011 LGA. These figures are based on the reduced appropriation for the formula, but the data used to com-pute the individual distributions have not yet been fully collected.

Estimated 2011 MVHC cuts—The estimate of the MVHC cut for 2011 for each affected city. For 2011, cit-ies that lost MVHC under the 2010 ratified unallotments (roughly 123 cities) will have that cut extended perma-nently. For most cities, the 2011 city reduction will be experienced in the LGA formula.

For more information, contact:Gary Carlson, IGR Director: (651) 281-1255 or [email protected] O’Rourke, IGR Representative: (651) 281-1261 or [email protected] Walker, Policy Analysis Manager: (651) 281-1236 or [email protected] Gould, Policy Analyst: (651) 281-1245 or [email protected]

Spreadsheet presents supplemental and special session budget cut information by city

Page 86 League of Minnesota Cities

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

ADA

646,57

9‐74,97

90

571,60

067

,494

0‐34,51

632

,978

‐34,51

6‐109

,495

604,57

863

0,28

9NA

ADAMS

215,93

40

021

5,93

432

,385

0‐14,41

717

,968

‐14,41

7‐14,41

723

3,90

220

8,38

4NA

ADRIAN

428,13

3‐65,83

00

362,30

356

,610

0‐30,76

425

,846

‐30,76

4‐96,59

438

8,14

941

7,86

8NA

AFTON

00

00

25,465

‐22,21

1‐3,254

0‐3,254

‐25,46

50

0‐22,21

1AITKIN

848,83

3‐116

,215

073

2,61

875

,912

0‐55,66

020

,252

‐55,66

0‐171

,875

752,87

082

8,02

3NA

AKE

LEY

52,712

00

52,712

20,641

0‐8,780

11,861

‐8,780

‐8,780

64,573

48,881

NA

ALBANY

726,13

5‐98,82

00

627,31

554

,086

0‐45,90

98,17

7‐45,90

9‐144

,729

635,49

271

8,74

6NA

ALBER

T LEA

5,50

3,29

7‐778

,679

04,72

4,61

847

9,27

00

‐358

,764

120,50

6‐358

,764

‐1,137

,443

4,84

5,12

45,32

2,34

7NA

ALBER

TA29

,193

00

29,193

4,68

00

‐2,965

1,71

5‐2,965

‐2,965

30,908

28,357

NA

ALBER

TVILLE

00

00

112,38

0‐104

,307

‐8,073

0‐8,073

‐112

,380

00

‐104

,307

ALD

EN15

1,35

10

015

1,35

125

,736

0‐11,23

114

,505

‐11,23

1‐11,23

116

5,85

614

5,08

1NA

ALD

RICH

6,60

10

06,60

191

20

‐398

514

‐398

‐398

7,11

56,42

3NA

ALEXA

NDRIA

1,68

9,87

7‐476

,915

‐6,907

1,20

6,05

521

8,36

50

‐218

,365

0‐225

,272

‐702

,187

1,20

6,05

51,64

0,85

0NA

ALPHA

36,577

00

36,577

3,99

00

‐2,487

1,50

3‐2,487

‐2,487

38,080

35,367

NA

ALTURA

46,436

00

46,436

12,548

0‐4,918

7,63

0‐4,918

‐4,918

54,066

43,918

NA

ALV

ARA

DO

55,149

00

55,149

8,81

40

‐3,091

5,72

3‐3,091

‐3,091

60,872

58,649

NA

AMBO

Y12

8,91

50

012

8,91

529

,354

0‐11,65

017

,704

‐11,65

0‐11,65

014

6,61

912

5,32

8NA

ANDOVE

R0

00

052

8,12

2‐490

,049

‐38,07

30

‐38,07

3‐528

,122

00

‐490

,049

ANNANDALE

367,41

3‐107

,189

026

0,22

492

,316

0‐52,29

940

,017

‐52,29

9‐159

,488

300,24

137

6,03

7NA

ANOKA

1,45

8,18

3‐557

,088

090

1,09

531

5,36

70

‐255

,135

60,232

‐255

,135

‐812

,223

961,32

71,76

7,02

8NA

APP

LE VALLEY

00

00

1,05

8,52

5‐1,046

,140

‐12,38

50

‐12,38

5‐1,058

,525

00

‐1,046

,140

APP

LETO

N1,04

2,99

2‐144

,529

‐23,93

787

4,52

650

,851

0‐50,85

10

‐74,78

8‐219

,317

874,52

61,13

5,43

7NA

ARC

O25

,565

00

25,565

2,06

70

‐1,734

333

‐1,734

‐1,734

25,898

24,655

NA

ARD

EN HILLS

00

00

63,664

‐61,77

4‐1,890

0‐1,890

‐63,66

40

0‐61,77

4ARG

YLE

203,68

50

020

3,68

520

,557

0‐10,67

39,88

4‐10,67

3‐10,67

321

3,56

919

7,16

5NA

ARLINGTO

N74

5,59

3‐108

,701

063

6,89

291

,312

0‐50,96

140

,351

‐50,96

1‐159

,662

677,24

372

4,68

3NA

ASH

BY10

5,81

80

010

5,81

816

,932

0‐9,457

7,47

5‐9,457

‐9,457

113,29

310

1,96

4NA

ASK

OV

64,584

00

64,584

13,217

0‐ 6,778

6,43

9‐6,778

‐6,778

71,023

64,489

NA

ATW

ATER

278,06

3‐46,42

00

231,64

345

,406

0‐21,65

523

,751

‐21,65

5‐68,07

525

5,39

426

9,14

8NA

AUDUBO

N10

1,71

80

010

1,71

819

,718

0‐9,641

10,077

‐9,641

‐9,641

111,79

598

,560

NA

AURO

RA69

9,85

0‐94,43

50

605,41

578

,583

0‐47,85

230

,731

‐47,85

2‐142

,287

636,14

668

2,76

0NA

AUSTIN

7,99

9,28

3‐876

,833

07,12

2,45

052

5,33

90

‐407

,991

117,34

8‐407

,991

‐1,284

,824

7,23

9,79

87,79

8,31

2NA

AVO

CA27

,393

00

27,393

3,38

00

‐2,054

1,32

6‐2,054

‐2,054

28,719

26,223

NA

AVO

N24

6,65

4‐70,69

60

175,95

842

,745

0‐32,45

810

,287

‐32,45

8‐103

,154

186,24

523

7,86

9NA

BABB

ITT

387,43

2‐87,89

00

299,54

285

,292

0‐44,60

440

,688

‐44,60

4‐132

,494

340,23

037

4,56

1NA

BACK

US

30,201

00

30,201

10,453

0‐5,506

4,94

7‐5,506

‐5,506

35,148

28,410

NA

BADGER

103,23

60

010

3,23

611

,865

0‐6,479

5,38

6‐6,479

‐6,479

108,62

210

0,14

1NA

BAGLEY

436,71

0‐68,58

50

368,12

541

,081

0‐31,89

39,18

8‐31,89

3‐100

,478

377,31

344

3,03

0NA

BALA

TON

204,55

70

020

4,55

731

,014

0‐13,56

617

,448

‐13,56

6‐13,56

622

2,00

519

8,55

7NA

BARN

ESVILLE

686,09

8‐82,04

70

604,05

179

,094

0‐39,75

039

,344

‐39,75

0‐121

,797

643,39

573

3,42

1NA

BARN

UM

133,02

40

013

3,02

410

,454

0‐9,496

958

‐9,496

‐9,496

133,98

212

8,67

1NA

BARR

ETT

61,059

00

61,059

14,748

0‐9,100

5,64

8‐9,100

‐9,100

66,707

57,809

NA

BARR

Y2,67

00

‐64

2,60

630

20

‐302

0‐366

‐366

2,60

62,48

1NA

BATTLE LAKE

82,610

‐40,56

60

42,044

33,336

0‐19,14

214

,194

‐19,14

2‐59,70

856

,238

76,020

NA

BAUDETTE

332,04

6‐41,44

1‐1,195

289,41

018

,114

0‐18,11

40

‐19,30

9‐60,75

028

9,41

032

0,44

1NA

BAXT

ER0

00

019

7,52

4‐197

,437

‐87

0‐87

‐197

,524

00

‐197

,437

BAYP

ORT

460,07

4‐113

,445

‐11,90

933

4,72

039

,592

0‐39,59

20

‐51,50

1‐164

,946

334,72

043

8,86

2NA

BEARD

SLEY

76,375

00

76,375

6,48

90

‐3,935

2,55

4‐3,935

‐3,935

78,929

74,065

NA

BEAVE

R BA

Y22

,623

‐9,955

‐315

12,353

4,64

10

‐4,641

0‐4,956

‐14,91

112

,353

20,538

NA

BEAVE

R CR

EEK

42,813

00

42,813

15,124

0‐6,323

8,80

1‐6,323

‐6,323

51,614

40,373

NA

BECK

ER0

00

067

,887

‐64,89

0‐2,997

0‐2,997

‐67,88

70

0‐64,89

0BE

JOU

20,505

00

20,505

987

0‐943

44‐943

‐943

20,549

19,645

NA

BELG

RADE

187,05

70

018

7,05

730

,971

0‐16,51

814

,453

‐16,51

8‐16,51

820

1,51

018

0,03

6NA

BELLE PLAINE

357,01

0‐302

,537

054

,473

174,53

30

‐143

,405

31,128

‐143

,405

‐445

,942

85,601

350,80

0NA

BELLEC

HESTER

18,559

00

18,559

4,17

60

‐1,494

2,68

2‐1,494

‐1,494

21,241

17,774

NA

BELLINGHAM

62,803

00

62,803

4,81

10

‐2,965

1,84

6‐2,965

‐2,965

64,649

61,143

NA

BELTRA

MI

26,697

00

26,697

2,61

00

‐1,707

903

‐1,707

‐1,707

27,600

25,817

NA

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

2010 Law Summaries Page 87

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

BELV

IEW

106,90

70

010

6,90

712

,411

0‐6,234

6,17

7‐6,234

‐6,234

113,08

410

3,36

7NA

BEMIDJI

3,43

8,11

2‐485

,688

‐46,30

62,90

6,11

819

8,00

60

‐198

,006

0‐244

,312

‐730

,000

2,90

6,11

83,36

5,71

0NA

BENA

28,498

0‐323

28,175

963

0‐963

0‐1,286

‐1,286

28,175

27,225

NA

BENSO

N93

1,81

0‐155

,160

077

6,65

013

1,42

90

‐77,25

354

,176

‐77,25

3‐232

,413

830,82

689

7,97

0NA

BERT

HA

137,49

10

013

7,49

18,58

00

‐6,442

2,13

8‐6,442

‐6,442

139,62

913

2,87

1NA

BETH

EL31

,203

00

31,203

14,515

0‐9,582

4,93

3‐9,582

‐9,582

36,136

37,844

NA

BIG FALLS

70,407

00

70,407

7,20

20

‐4,163

3,03

9‐4,163

‐4,163

73,446

67,827

NA

BIG LAKE

449,78

5‐293

,771

015

6,01

418

7,25

20

‐134

,996

52,256

‐134

,996

‐428

,767

208,27

043

7,32

7NA

BIGELOW

51,102

00

51,102

7,44

50

‐3,449

3,99

6‐3,449

‐3,449

55,098

49,185

NA

BIGFO

RK84

,933

00

84,933

9,89

00

‐7,864

2,02

6‐7,864

‐7,864

86,959

80,363

NA

BINGHAM LAKE

27,487

00

27,487

4,82

80

‐3,343

1,48

5‐3,343

‐3,343

28,972

26,063

NA

BIRC

HWOOD

5,64

0‐5,640

00

7,40

2‐6,811

‐591

0‐591

‐13,04

20

5,57

8‐6,811

BIRD

 ISLA

ND

427,51

9‐57,17

50

370,34

452

,176

0‐25,89

826

,278

‐25,89

8‐83,07

339

6,62

241

6,42

9NA

BISC

AY

12,136

00

12,136

4,02

70

‐970

3,05

7‐970

‐970

15,193

12,752

NA

BIWABIK

311,23

5‐47,85

00

263,38

543

,048

0‐24,41

618

,632

‐24,41

6‐72,26

628

2,01

730

2,51

5NA

BLACK

DUCK

205,11

10

020

5,11

118

,828

0‐13,75

35,07

5‐13,75

3‐13,75

321

0,18

620

4,68

7NA

BLAINE

00

00

909,05

2‐741

,834

‐167

,218

0‐167

,218

‐909

,052

00

‐741

,834

BLOMKE

ST17

,759

00

17,759

5,71

80

‐1,883

3,83

5‐1,883

‐1,883

21,594

16,533

NA

BLOOMING PRA

IRIE

755,91

7‐108

,240

064

7,67

778

,236

0‐49,97

728

,259

‐49,97

7‐158

,217

675,93

674

5,27

4NA

BLOOMINGTO

N0

00

01,37

1,76

3‐1,371

,763

00

0‐1,371

,763

00

‐1,371

,763

BLUE EA

RTH

1,72

5,01

9‐189

,200

01,53

5,81

915

2,33

10

‐95,06

057

,271

‐95,06

0‐284

,260

1,59

3,09

01,69

1,06

9NA

BLUFFTO

N32

,771

00

32,771

8,31

70

‐2,522

5,79

5‐2,522

‐2,522

38,566

32,101

NA

BOCK

15,864

00

15,864

2,30

00

‐1,212

1,08

8‐1,212

‐1,212

16,952

15,437

NA

BORU

P18

,100

00

18,100

2,15

30

‐912

1,24

1‐912

‐912

19,341

17,744

NA

BOVE

Y25

8,09

20

025

8,09

228

,215

0‐18,35

99,85

6‐18,35

9‐18,35

926

7,94

825

1,00

2NA

BOWLU

S38

,283

00

38,283

5,56

50

‐2,332

3,23

3‐2,332

‐2,332

41,516

36,888

NA

BOY RIVE

R4,64

80

04,64

81,16

10

‐297

864

‐297

‐297

5,51

25,04

8NA

BOYD

67,486

00

67,486

5,82

20

‐4,816

1,00

6‐4,816

‐4,816

68,492

65,766

NA

BRAHAM

496,09

3‐72,19

20

423,90

147

,999

0‐33,96

714

,032

‐33,96

7‐106

,159

437,93

348

5,04

9NA

BRAINER

D4,26

0,17

8‐622

,858

03,63

7,32

035

9,70

60

‐287

,067

72,639

‐287

,067

‐909

,925

3,70

9,95

94,12

0,63

8NA

BRANDON

91,331

00

91,331

21,318

0‐9,406

11,912

‐9,406

‐9,406

103,24

386

,841

NA

BREC

KENRIDGE

1,31

6,61

7‐148

,613

01,16

8,00

410

7,94

40

‐71,06

736

,877

‐71,06

7‐219

,680

1,20

4,88

11,28

1,30

7NA

BREEZY POINT

00

00

69,702

‐68,54

5‐1,157

0‐1,157

‐69,70

20

0‐68,54

5BR

EWSTER

180,83

60

018

0,83

621

,275

0‐10,88

410

,391

‐10,88

4‐10,88

419

1,22

718

4,22

9NA

BRICELYN

126,07

10

012

6,07

114

,684

0‐9,021

5,66

3‐9,021

‐9,021

131,73

412

2,80

1NA

BROOK PA

RK19

,043

00

19,043

2,80

40

‐1,151

1,65

3‐1,151

‐1,151

20,696

17,784

NA

BROOKLYN

 CEN

TER

1,48

0,85

4‐1,069

,476

041

1,37

863

0,99

00

‐504

,022

126,96

8‐504

,022

‐1,573

,498

538,34

61,50

5,42

5NA

BROOKLYN

 PARK

184,23

9‐184

,239

00

1,35

5,03

9‐1,355

,039

00

0‐1,539

,278

038

9,33

5‐1,355

,039

BROOKS

29,438

00

29,438

3,18

00

‐1,641

1,53

9‐1,641

‐1,641

30,977

28,524

NA

BROOKS

TON

7,12

80

07,12

82,66

00

‐1,102

1,55

8‐1,102

‐1,102

8,68

66,66

5NA

BROOTEN

145,14

40

014

5,14

423

,150

0‐12,04

111

,109

‐12,04

1‐12,04

115

6,25

313

8,69

4NA

BROWER

VILLE

213,75

70

021

3,75

724

,583

0‐13,38

211

,201

‐13,38

2‐13,38

222

4,95

820

6,69

7NA

BROWNS VA

LLEY

363,68

00

036

3,68

018

,667

0‐17,50

01,16

7‐17,50

0‐17,50

036

4,84

735

7,43

0NA

BROWNSD

ALE

168,30

40

016

8,30

431

,291

0‐12,25

719

,034

‐12,25

7‐12,25

718

7,33

817

1,89

3NA

BROWNSV

ILLE

61,118

00

61,118

11,093

0‐5,901

5,19

2‐5,901

‐5,901

66,310

58,162

NA

BROWNTO

N23

0,47

60

023

0,47

645

,034

0‐19,85

725

,177

‐19,85

7‐19,85

725

5,65

323

6,62

8NA

BRUNO

18,483

00

18,483

1,91

40

‐1,055

859

‐1,055

‐1,055

19,342

17,911

NA

BUCK

MAN

15,859

00

15,859

4,04

80

‐1,298

2,75

0‐1,298

‐1,298

18,609

16,967

NA

BUFFALO

533,90

9‐388

,023

014

5,88

627

7,89

10

‐192

,739

85,152

‐192

,739

‐580

,762

231,03

853

9,06

4NA

BUFFALO

 LAKE

210,94

30

021

0,94

338

,983

0‐20,49

618

,487

‐20,49

6‐20,49

622

9,43

020

3,62

3NA

BUHL

336,34

90

033

6,34

941

,018

0‐24,88

216

,136

‐24,88

2‐24,88

235

2,48

532

6,56

9NA

BURN

SVILLE

00

00

1,16

4,63

6‐1,140

,575

‐24,06

10

‐24,06

1‐1,164

,636

00

‐1,140

,575

BURT

RUM

28,200

00

28,200

3,24

00

‐1,532

1,70

8‐1,532

‐1,532

29,908

27,162

NA

BUTTER

FIELD

161,57

80

016

1,57

818

,686

0‐9,818

8,86

8‐9,818

‐9,818

170,44

616

0,25

4NA

BYRO

N31

0,67

0‐175

,550

013

5,12

011

1,12

80

‐80,89

830

,230

‐80,89

8‐256

,448

165,35

027

6,35

3NA

CALEDONIA

941,15

8‐109

,147

083

2,01

167

,574

0‐53,78

013

,794

‐53,78

0‐162

,927

845,80

598

9,18

8NA

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

Page 88 League of Minnesota Cities

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

CALLAWAY

36,232

00

36,232

5,33

30

‐2,477

2,85

6‐2,477

‐2,477

39,088

34,220

NA

CALU

MET

122,37

10

012

2,37

113

,960

0‐9,717

4,24

3‐9,717

‐9,717

126,61

411

8,69

1NA

CAMBR

IDGE

829,66

2‐403

,658

042

6,00

420

9,56

60

‐186

,628

22,938

‐186

,628

‐590

,286

448,94

275

3,09

2NA

CAMPB

ELL

58,644

00

58,644

4,72

30

‐3,176

1,54

7‐3,176

‐3,176

60,191

59,155

NA

CANBY

760,70

8‐95,79

30

664,91

574

,423

0‐47,58

026

,843

‐47,58

0‐143

,373

691,75

874

2,60

8NA

CANNON FALLS

695,57

0‐225

,830

046

9,74

011

8,95

00

‐102

,977

15,973

‐102

,977

‐328

,807

485,71

365

4,81

0NA

CANTO

N81

,600

00

81,600

18,185

0‐6,364

11,821

‐6,364

‐6,364

93,421

78,420

NA

CARLOS

45,872

00

45,872

20,599

0‐6,240

14,359

‐6,240

‐6,240

60,231

49,428

NA

CARLTO

N23

4,09

40

023

4,09

422

,234

0‐16,52

65,70

8‐16,52

6‐16,52

623

9,80

222

6,27

4NA

CARV

ER21

4,26

2‐154

,385

‐18,77

341

,104

53,163

0‐53,16

30

‐71,93

6‐226

,321

41,104

178,73

8NA

CASS LAKE

422,30

90

‐10,98

541

1,32

412

,115

0‐12,11

50

‐23,10

0‐23,10

041

1,32

441

7,26

0NA

CEDAR MILLS

6,08

90

06,08

93,23

50

‐877

2,35

8‐877

‐877

8,44

75,96

8NA

CENTER CITY

42,999

‐15,76

4‐321

26,914

6,86

20

‐6,862

0‐7,183

‐22,94

726

,914

39,451

NA

CENTERV

ILLE

00

00

80,168

‐68,78

3‐11,38

50

‐11,38

5‐80,16

80

0‐68,78

3CE

YLON

131,15

50

013

1,15

511

,243

0‐9,285

1,95

8‐9,285

‐9,285

133,11

312

7,72

5NA

CHAMPLIN

210,03

3‐210

,033

00

405,04

6‐396

,565

‐8,481

0‐8,481

‐615

,079

031

7,34

6‐396

,565

CHANDLER

71,042

00

71,042

10,632

0‐5,350

5,28

2‐5,350

‐5,350

76,324

68,662

NA

CHANHASSEN

00

00

179,65

0‐161

,864

‐17,78

60

‐17,78

6‐179

,650

00

‐161

,864

CHASK

A42

0,41

3‐373

,985

‐15,14

131

,287

166,60

60

‐166

,606

0‐181

,747

‐555

,732

31,287

480,40

7NA

CHATFIELD

806,16

5‐139

,205

066

6,96

084

,633

0‐64,43

820

,195

‐64,43

8‐203

,643

687,15

578

0,54

5NA

CHICKA

MAW BEA

CH0

00

03,47

6‐2,282

‐1,023

171

‐1,023

‐3,305

171

0‐2,282

CHISAGO CITY

80,868

‐80,86

80

064

,656

‐59,95

4‐4,702

0‐4,702

‐145

,524

033

,688

‐59,95

4CH

ISHOLM

2,96

6,47

7‐255

,475

02,71

1,00

216

6,50

00

‐129

,612

36,888

‐129

,612

‐385

,087

2,74

7,89

02,92

0,18

7NA

CHOKIO

123,27

00

012

3,27

021

,518

0‐9,074

12,444

‐9,074

‐9,074

135,71

411

9,05

0NA

CIRC

LE PINES

202,87

4‐175

,630

027

,244

129,53

60

‐79,66

949

,867

‐79,66

9‐255

,299

77,111

232,86

2NA

CLARA

 CITY

431,57

6‐73,04

00

358,53

665

,719

0‐35,36

430

,355

‐35,36

4‐108

,404

388,89

141

8,45

6NA

CLARE

MONT

153,17

10

015

3,17

125

,298

0‐16,94

08,35

8‐16,94

0‐16,94

016

1,52

915

3,44

0NA

CLARISSA

160,62

10

016

0,62

122

,214

0‐10,36

111

,853

‐10,36

1‐10,36

117

2,47

415

6,86

4NA

CLARK

FIELD

353,63

50

035

3,63

534

,969

0‐22,11

312

,856

‐22,11

3‐22,11

336

6,49

134

4,78

5NA

CLARK

S GRO

VE16

9,04

40

016

9,04

412

,245

0‐8,710

3,53

5‐8,710

‐8,710

172,57

916

5,09

0NA

CLEA

R LA

KE34

,609

‐24,36

50

10,244

20,238

0‐12,08

08,15

8‐12,08

0‐36,44

518

,402

31,839

NA

CLEA

RBRO

OK

148,25

20

014

8,25

219

,022

0‐11,14

77,87

5‐11,14

7‐11,14

715

6,12

714

6,68

3NA

CLEA

RWATER

180,42

3‐77,99

00

102,43

365

,041

0‐40,20

824

,833

‐40,20

8‐118

,198

127,26

619

4,52

8NA

CLEM

ENTS

35,385

00

35,385

6,61

60

‐2,821

3,79

5‐2,821

‐2,821

39,180

33,848

NA

CLEV

ELAND

126,54

80

012

6,54

833

,012

0‐11,64

021

,372

‐11,64

0‐11,64

014

7,92

012

4,31

9NA

CLIM

AX

45,448

00

45,448

5,95

60

‐3,273

2,68

3‐3,273

‐3,273

48,131

43,890

NA

CLINTO

N14

1,93

00

014

1,93

010

,756

0‐6,409

4,34

7‐6,409

‐6,409

146,27

713

7,75

0NA

CLITHER

ALL

16,870

00

16,870

2,56

40

‐830

1,73

4‐830

‐830

18,604

16,943

NA

CLONTA

RF22

,622

00

22,622

6,42

10

‐2,113

4,30

8‐2,113

‐2,113

26,930

22,120

NA

CLOQUET

2,42

0,83

5‐449

,144

01,97

1,69

118

5,72

10

‐170

,435

15,286

‐170

,435

‐619

,579

1,98

6,97

72,44

3,88

6NA

COATES

00

00

1,90

7‐1,653

‐254

0‐254

‐1,907

00

‐1,653

COBD

EN3,50

50

03,50

520

40

‐172

32‐172

‐172

3,53

73,65

5NA

COHASSET

00

00

40,964

‐39,87

8‐1,086

0‐1,086

‐40,96

40

0‐39,87

8CO

KATO

512,63

6‐111

,591

040

1,04

576

,596

0‐52,78

923

,807

‐52,78

9‐164

,380

424,85

252

6,39

0NA

COLD

 SPR

ING

565,17

3‐108

,298

045

6,87

564

,917

0‐48,56

916

,348

‐48,56

9‐156

,867

473,22

352

7,15

3NA

COLERA

INE

347,36

1‐62,31

50

285,04

667

,692

0‐31,94

835

,744

‐31,94

8‐94,26

332

0,79

033

5,95

1NA

COLO

GNE

124,85

7‐65,26

00

59,597

39,084

0‐30,30

58,77

9‐30,30

5‐95,56

568

,376

119,94

6NA

COLU

MBIA HEIGHTS

1,59

2,88

3‐697

,703

089

5,18

059

8,70

60

‐365

,784

232,92

2‐365

,784

‐1,063

,487

1,12

8,10

21,85

7,95

0NA

COLU

MBU

S0

00

072

,068

‐59,01

9‐13,04

90

‐13,04

9‐72,06

80

0‐59,01

9CO

MFR

EY10

2,39

10

010

2,39

121

,954

0‐9,513

12,441

‐9,513

‐9,513

114,83

299

,445

NA

COMSTOCK

17,441

00

17,441

3,33

10

‐1,147

2,18

4‐1,147

‐1,147

19,625

16,780

NA

CONGER

21,341

00

21,341

8,02

00

‐2,605

5,41

5‐2,605

‐2,605

26,756

19,961

NA

COOK

162,40

80

016

2,40

821

,074

0‐15,94

05,13

4‐15,94

0‐15,94

016

7,54

215

6,57

8NA

COON RAPIDS

225,00

00

022

5,00

01,38

4,97

9‐1,347

,415

‐37,56

40

‐37,56

4‐1,384

,979

225,00

00

‐1,347

,415

CORC

ORA

N0

00

049

,317

‐47,49

2‐1,825

0‐1,825

‐49,31

70

0‐47,49

2CO

RRELL

8,59

30

08,59

31,25

40

‐632

622

‐632

‐632

9,21

58,25

3NA

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

2010 Law Summaries Page 89

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

COSM

OS

133,47

20

013

3,47

229

,372

0‐11,91

117

,461

‐11,91

1‐11,91

115

0,93

312

8,23

2NA

COTTAGE GRO

VE0

00

063

6,50

2‐583

,342

‐53,16

00

‐53,16

0‐636

,502

00

‐583

,342

COTTONWOOD

313,61

6‐53,84

80

259,76

835

,192

0‐25,28

79,90

5‐25,28

7‐79,13

526

9,67

330

2,01

6NA

COURT

LAND

64,132

00

64,132

11,844

0‐6,094

5,75

0‐6,094

‐6,094

69,882

61,726

NA

CROMWELL

25,100

00

25,100

5,36

40

‐4,780

584

‐4,780

‐4,780

25,684

24,038

NA

CROOKS

TON

3,44

9,59

3‐385

,321

‐6,180

3,05

8,09

216

5,90

10

‐165

,901

0‐172

,081

‐557

,402

3,05

8,09

23,36

2,83

3NA

CROSB

Y88

3,07

0‐126

,830

075

6,24

011

1,62

60

‐64,70

846

,918

‐64,70

8‐191

,538

803,15

885

9,96

0NA

CROSSLA

KE0

00

029

,926

‐28,72

5‐1,201

0‐1,201

‐29,92

60

0‐28,72

5CR

YSTA

L2,22

1,18

5‐766

,119

01,45

5,06

654

9,43

10

‐387

,237

162,19

4‐387

,237

‐1,153

,356

1,61

7,26

02,49

9,22

5NA

CURR

IE70

,556

00

70,556

12,381

0‐5,517

6,86

4‐5,517

‐5,517

77,420

68,556

NA

CUYU

NA

11,670

‐9,506

02,16

49,36

70

‐4,336

5,03

1‐4,336

‐13,84

27,19

510

,677

NA

CYRU

S78

,197

00

78,197

9,83

20

‐4,102

5,73

0‐4,102

‐4,102

83,927

75,551

NA

DAKO

TA34

,858

00

34,858

14,810

0‐4,974

9,83

6‐4,974

‐4,974

44,694

36,458

NA

DALTON

49,376

00

49,376

9,30

70

‐3,544

5,76

3‐3,544

‐3,544

55,139

47,177

NA

DANUBE

138,30

00

013

8,30

025

,945

0‐9,320

16,625

‐9,320

‐9,320

154,92

513

3,48

0NA

DANVE

RS10

,047

00

10,047

3,99

50

‐1,314

2,68

1‐1,314

‐1,314

12,728

9,51

7NA

DARF

UR

39,466

00

39,466

4,24

50

‐2,450

1,79

5‐2,450

‐2,450

41,261

38,379

NA

DARW

IN38

,188

00

38,188

7,09

60

‐3,058

4,03

8‐3,058

‐3,058

42,226

37,512

NA

DASSEL

367,90

9‐66,52

20

301,38

740

,626

0‐30,16

910

,457

‐30,16

9‐96,69

131

1,84

435

4,74

9NA

DAWSO

N61

8,14

4‐78,04

50

540,09

972

,605

0‐39,36

833

,237

‐39,36

8‐117

,413

573,33

660

4,08

4NA

DAYTON

00

00

71,730

‐71,12

4‐606

0‐606

‐71,73

00

0‐71,12

4DEEPH

AVE

N0

00

083

0‐830

00

0‐830

00

‐830

DEER CR

EEK

59,687

00

59,687

10,899

0‐3,795

7,10

4‐3,795

‐3,795

66,791

57,092

NA

DEER RIVE

R29

0,75

60

029

0,75

635

,779

0‐25,90

09,87

9‐25,90

0‐25,90

030

0,63

528

1,50

6NA

DEERW

OOD

34,175

‐31,68

00

2,49

519

,651

0‐16,24

03,41

1‐16,24

0‐47,92

05,90

630

,564

NA

DEG

RAFF

24,544

00

24,544

3,11

60

‐1,339

1,77

7‐1,339

‐1,339

26,321

25,232

NA

DELANO

127,46

4‐127

,464

00

103,13

1‐42,91

6‐60,21

50

‐60,21

5‐230

,595

090

,612

‐42,91

6DELAVA

N50

,541

00

50,541

10,467

0‐4,928

5,53

9‐4,928

‐4,928

56,080

48,781

NA

DELHI

16,360

00

16,360

1,45

50

‐1,105

350

‐1,105

‐1,105

16,710

15,650

NA

DELLW

OOD

00

00

415

‐308

‐107

0‐107

‐415

00

‐308

DEN

HAM

234

00

234

881

0‐267

614

‐267

‐267

848

234

NA

DEN

NISON

15,447

‐8,238

07,20

95,30

30

‐3,650

1,65

3‐3,650

‐11,88

88,86

214

,330

NA

DEN

T43

,016

00

43,016

8,94

00

‐3,635

5,30

5‐3,635

‐3,635

48,321

41,886

NA

DETRO

IT LAKE

S97

4,29

1‐283

,755

069

0,53

619

3,55

60

‐140

,451

53,105

‐140

,451

‐424

,206

743,64

198

3,36

2NA

DEX

TER

73,542

00

73,542

12,913

0‐6,720

6,19

3‐6,720

‐6,720

79,735

70,342

NA

DILWORT

H62

8,96

2‐135

,115

049

3,84

793

,036

0‐65,88

327

,153

‐65,88

3‐200

,998

521,00

059

2,12

2NA

DODGE CE

NTER

766,10

0‐141

,185

062

4,91

594

,155

0‐64,38

329

,772

‐64,38

3‐205

,568

654,68

774

0,35

0NA

DONALD

SON

5,07

40

‐398

4,67

636

10

‐361

0‐759

‐759

4,67

64,48

2NA

DONNELLY

52,517

00

52,517

7,09

40

‐3,245

3,84

9‐3,245

‐3,245

56,366

50,497

NA

DORA

N12

,430

00

12,430

1,22

70

‐838

389

‐838

‐838

12,819

12,030

NA

DOVE

R96

,418

00

96,418

16,183

0‐10,17

46,00

9‐10,17

4‐10,17

410

2,42

793

,453

NA

DOVR

AY

14,218

00

14,218

1,67

40

‐968

706

‐968

‐968

14,924

13,705

NA

DULU

TH31

,509

,961

‐3,529

,010

‐531

,914

27,449

,037

1,13

7,38

50

‐1,137

,385

0‐1,669

,299

‐5,198

,309

27,449

,037

30,895

,148

NA

DUMONT

20,819

00

20,819

3,08

80

‐2,000

1,08

8‐2,000

‐2,000

21,907

19,699

NA

DUNDAS

95,924

‐52,03

00

43,894

43,715

0‐26,94

916

,766

‐26,94

9‐78,97

960

,660

132,63

3NA

DUNDEE

22,020

00

22,020

2,56

30

‐1,393

1,17

0‐1,393

‐1,393

23,190

21,200

NA

DUNNELL

62,321

00

62,321

7,61

80

‐5,068

2,55

0‐5,068

‐5,068

64,871

61,019

NA

EAGAN

00

00

1,03

6,49

5‐983

,023

‐53,47

20

‐53,47

2‐1,036

,495

00

‐983

,023

EAGLE BEN

D16

2,34

30

016

2,34

321

,212

0‐10,53

010

,682

‐10,53

0‐10,53

017

3,02

515

6,37

3NA

EAGLE LAKE

557,03

7‐76,09

00

480,94

745

,709

0‐36,54

99,16

0‐36,54

9‐112

,639

490,10

757

6,65

9NA

EAST BETHEL

00

00

240,49

7‐228

,932

‐11,56

50

‐11,56

5‐240

,497

00

‐228

,932

EAST GRA

ND FORK

S2,90

3,06

0‐420

,019

‐1,467

2,48

1,57

419

3,93

90

‐193

,939

0‐195

,406

‐615

,425

2,48

1,57

42,82

2,66

3NA

EAST GULL LAKE

00

00

6,33

5‐5,344

‐991

0‐991

‐6,335

00

‐5,344

EASTON

32,942

00

32,942

13,052

0‐5,264

7,78

8‐5,264

‐5,264

40,730

31,062

NA

ECHO

73,116

00

73,116

10,038

0‐6,692

3,34

6‐6,692

‐6,692

76,462

70,726

NA

EDEN

 PRA

IRIE

00

00

428,52

9‐428

,529

00

0‐428

,529

00

‐428

,529

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

Page 90 League of Minnesota Cities

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

EDEN

 VALLEY

232,49

90

023

2,49

937

,468

0‐21,68

615

,782

‐21,68

6‐21,68

624

8,28

122

7,69

9NA

EDGER

TON

303,24

50

030

3,24

556

,206

0‐20,84

635

,360

‐20,84

6‐20,84

633

8,60

529

3,36

5NA

EDINA

00

00

224,25

2‐224

,252

00

0‐224

,252

00

‐224

,252

EFFIE

9,60

60

09,60

63,14

50

‐1,152

1,99

3‐1,152

‐1,152

11,599

9,52

8NA

EITZEN

33,844

00

33,844

11,599

0‐4,434

7,16

5‐4,434

‐4,434

41,009

32,892

NA

ELBA

29,764

00

29,764

5,17

20

‐2,302

2,87

0‐2,302

‐2,302

32,634

32,739

NA

ELBO

W LAKE

416,95

2‐67,87

00

349,08

260

,880

0‐34,24

426

,636

‐34,24

4‐102

,114

375,71

840

4,72

2NA

ELGIN

288,66

90

028

8,66

935

,317

0‐22,39

212

,925

‐22,39

2‐22,39

230

1,59

428

1,55

1NA

ELIZABE

TH30

,809

00

30,809

6,33

20

‐2,142

4,19

0‐2,142

‐2,142

34,999

29,601

NA

ELK RIVE

R68

6,82

0‐686

,820

00

407,99

3‐221

,078

‐186

,915

0‐186

,915

‐1,094

,813

068

6,82

0‐221

,078

ELKO

 NEW

 MARK

ET33

1,31

6‐156

,231

‐10,34

516

4,74

059

,284

0‐59,28

40

‐69,62

9‐225

,860

164,74

028

2,80

1NA

ELKT

ON

12,653

00

12,653

4,68

30

‐1,668

3,01

5‐1,668

‐1,668

15,668

11,799

NA

ELLENDALE

130,58

40

013

0,58

432

,500

0‐13,74

418

,756

‐13,74

4‐13,74

414

9,34

012

4,81

1NA

ELLSWORT

H16

7,11

70

016

7,11

724

,396

0‐11,66

212

,734

‐11,66

2‐11,66

217

9,85

116

1,97

7NA

ELMDALE

5,56

80

05,56

82,55

90

‐758

1,80

1‐758

‐758

7,36

95,28

1NA

ELMORE

223,35

90

022

3,35

926

,435

0‐15,15

411

,281

‐15,15

4‐15,15

423

4,64

021

6,93

9NA

ELRO

SA25

,734

00

25,734

4,80

90

‐1,824

2,98

5‐1,824

‐1,824

28,719

24,938

NA

ELY

1,90

8,12

1‐194

,755

01,71

3,36

614

4,43

00

‐98,81

245

,618

‐98,81

2‐293

,567

1,75

8,98

41,87

2,83

1NA

ELYSIAN

51,819

‐31,29

50

20,524

27,788

0‐16,24

011

,548

‐16,24

0‐47,53

532

,072

46,672

NA

EMILY

00

00

20,555

‐20,55

50

00

‐20,55

50

0‐20,55

5EM

MONS

84,818

00

84,818

21,534

0‐7,638

13,896

‐7,638

‐7,638

98,714

80,748

NA

ERHARD

26,872

00

26,872

6,78

00

‐1,813

4,96

7‐1,813

‐1,813

31,839

25,909

NA

ERSK

INE

99,344

00

99,344

15,264

0‐8,849

6,41

5‐8,849

‐8,849

105,75

995

,104

NA

EVAN

15,134

00

15,134

2,28

80

‐994

1,29

4‐994

‐994

16,428

14,726

NA

EVANSV

ILLE

122,59

50

012

2,59

529

,506

0‐11,79

717

,709

‐11,79

7‐11,79

714

0,30

411

9,05

1NA

EVELETH

2,38

5,82

6‐198

,935

02,18

6,89

114

5,05

60

‐100

,632

44,424

‐100

,632

‐299

,567

2,23

1,31

52,34

9,88

6NA

EXCE

LSIOR

95,125

‐95,12

50

07,57

0‐4,907

‐2,663

0‐2,663

‐102

,695

082

,985

‐4,907

EYOTA

504,32

9‐81,63

00

422,69

947

,320

0‐37,43

99,88

1‐37,43

9‐119

,069

432,58

049

1,07

4NA

FAIRFA

X46

4,66

9‐65,72

30

398,94

660

,311

0‐30,72

729

,584

‐30,72

7‐96,45

042

8,53

045

2,21

9NA

FAIRMONT

4,25

1,25

7‐529

,092

03,72

2,16

527

5,34

10

‐243

,729

31,612

‐243

,729

‐772

,821

3,75

3,77

74,14

4,39

7NA

FALCON HEIGHTS

436,72

1‐107

,953

‐12,83

731

5,93

137

,211

0‐37,21

10

‐50,04

8‐158

,001

315,93

143

8,30

0NA

FARIBA

ULT

5,67

7,36

1‐904

,613

04,77

2,74

851

0,30

30

‐410

,153

100,15

0‐410

,153

‐1,314

,766

4,87

2,89

85,44

9,18

1NA

FARM

INGTO

N0

00

041

9,76

2‐411

,798

‐7,964

0‐7,964

‐419

,762

00

‐411

,798

FARW

ELL

14,652

00

14,652

2,35

60

‐835

1,52

1‐835

‐835

16,173

14,192

NA

FEDER

AL DAM

1,87

5‐1,875

00

3,10

4‐2,101

‐1,003

0‐1,003

‐4,979

01,73

8‐2,101

FELTON

27,550

00

27,550

3,39

80

‐1,541

1,85

7‐1,541

‐1,541

29,407

25,659

NA

FERG

US FA

LLS

4,19

2,80

9‐628

,985

03,56

3,82

437

2,84

90

‐283

,812

89,037

‐283

,812

‐912

,797

3,65

2,86

14,05

4,67

9NA

FERT

ILE

267,09

10

026

7,09

126

,050

0‐14,91

811

,132

‐14,91

8‐14,91

827

8,22

325

9,57

3NA

FIFTY LA

KES

00

00

8,10

4‐7,951

‐153

0‐153

‐8,104

00

‐7,951

FINLA

YSON

34,625

00

34,625

10,972

0‐4,959

6,01

3‐4,959

‐4,959

40,638

39,102

NA

FISH

ER73

,431

00

73,431

14,183

0‐6,062

8,12

1‐6,062

‐6,062

81,552

70,862

NA

FLEN

SBURG

20,226

00

20,226

7,17

60

‐1,654

5,52

2‐1,654

‐1,654

25,748

21,702

NA

FLOODWOOD

134,30

00

013

4,30

022

,220

0‐14,05

18,16

9‐14,05

1‐14,05

114

2,46

913

2,93

7NA

FLORE

NCE

9,64

30

09,64

31,07

70

‐708

369

‐708

‐708

10,012

9,19

3NA

FOLEY

755,87

9‐121

,748

063

4,13

157

,378

0‐54,28

53,09

3‐54,28

5‐176

,033

637,22

472

9,51

9NA

FORA

DA

00

00

5,63

7‐5,562

‐75

0‐75

‐5,637

00

‐5,562

FORE

ST LAKE

00

00

312,06

6‐299

,820

‐12,24

60

‐12,24

6‐312

,066

00

‐299

,820

FORE

STON

68,533

00

68,533

12,464

0‐6,501

5,96

3‐6,501

‐6,501

74,496

70,310

NA

FORT

 RIPLEY

00

00

2,22

9‐1,261

‐566

402

‐566

‐1,827

402

0‐1,261

FOSSTO

N61

6,15

3‐68,90

20

547,25

137

,960

0‐31,50

26,45

8‐31,50

2‐100

,404

553,70

960

1,14

3NA

FOUNTA

IN64

,069

00

64,069

19,285

0‐7,542

11,743

‐7,542

‐7,542

75,812

61,595

NA

FOXH

OME

25,020

00

25,020

3,85

60

‐1,455

2,40

1‐1,455

‐1,455

27,421

24,020

NA

FRANKLIN

137,33

50

013

7,33

520

,059

0‐9,678

10,381

‐9,678

‐9,678

147,71

613

2,44

5NA

FRAZEE

484,11

9‐54,74

40

429,37

536

,803

0‐25,59

611

,207

‐25,59

6‐80,34

044

0,58

247

6,34

7NA

FREEBO

RN60

,657

00

60,657

13,659

0‐4,932

8,72

7‐4,932

‐4,932

69,384

58,206

NA

FREEPO

RT84

,947

00

84,947

30,188

0‐14,56

015

,628

‐14,56

0‐14,56

010

0,57

585

,361

NA

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

2010 Law Summaries Page 91

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

FRIDLEY

1,58

5,35

3‐825

,939

075

9,41

442

6,24

00

‐401

,347

24,893

‐401

,347

‐1,227

,286

784,30

71,89

0,86

4NA

FROST

52,072

00

52,072

11,909

0‐5,226

6,68

3‐5,226

‐5,226

58,755

49,882

NA

FULD

A46

0,35

0‐57,96

10

402,38

966

,145

0‐26,44

439

,701

‐26,44

4‐84,40

544

2,09

044

7,68

0NA

FUNKLEY

143

00

143

145

0‐39

106

‐39

‐39

249

141

NA

GARF

IELD

32,980

00

32,980

10,062

0‐3,925

6,13

7‐3,925

‐3,925

39,117

31,896

NA

GARR

ISON

00

00

5,56

6‐5,566

00

0‐5,566

00

‐5,566

GARV

IN37

,175

00

37,175

5,03

00

‐3,057

1,97

3‐3,057

‐3,057

39,148

35,795

NA

GARY

51,307

00

51,307

7,20

50

‐3,176

4,02

9‐3,176

‐3,176

55,336

49,407

NA

GAYLORD

888,40

9‐120

,248

076

8,16

190

,490

0‐55,73

534

,755

‐55,73

5‐175

,983

802,91

686

5,91

9NA

GEM

 LAKE

2,80

8‐2,808

00

4,67

7‐4,677

00

0‐7,485

02,80

8‐4,677

GEN

EVA

67,861

00

67,861

14,650

0‐5,618

9,03

2‐5,618

‐5,618

76,893

64,937

NA

GEN

OLA

1,66

1‐1,114

054

788

50

‐499

386

‐499

‐1,613

933

1,65

0NA

GEO

RGETOWN

12,477

00

12,477

2,97

50

‐1,079

1,89

6‐1,079

‐1,079

14,373

12,022

NA

GHEN

T81

,059

00

81,059

16,643

0‐6,066

10,577

‐6,066

‐6,066

91,636

78,004

NA

GIBBO

N22

3,93

10

022

3,93

145

,433

0‐20,22

225

,211

‐20,22

2‐20,22

224

9,14

221

6,24

1NA

GILBE

RT78

2,14

5‐97,02

00

685,12

510

0,00

70

‐49,28

050

,727

‐49,28

0‐146

,300

735,85

276

4,54

5NA

GILMAN

9,57

40

09,57

41,66

70

‐897

770

‐897

‐897

10,344

10,845

NA

GLENCO

E1,30

8,23

2‐245

,079

01,06

3,15

318

9,11

20

‐115

,593

73,519

‐115

,593

‐360

,672

1,13

6,67

21,27

0,66

6NA

GLENVILLE

187,60

80

018

7,60

828

,569

0‐11,64

416

,925

‐11,64

4‐11,64

420

4,53

318

1,06

8NA

GLENWOOD

765,38

9‐131

,107

063

4,28

290

,036

0‐59,80

730

,229

‐59,80

7‐190

,914

664,51

174

3,75

1NA

GLYNDON

310,37

4‐51,21

50

259,15

937

,635

0‐23,60

614

,029

‐23,60

6‐74,82

127

3,18

830

0,16

4NA

GOLD

EN VALLEY

00

00

339,71

6‐339

,716

00

0‐339

,716

00

‐339

,716

GONVICK

60,511

00

60,511

11,391

0‐5,187

6,20

4‐5,187

‐5,187

66,715

60,502

NA

GOOD THUNDER

152,33

00

015

2,33

033

,822

0‐14,30

819

,514

‐14,30

8‐14,30

817

1,84

414

6,72

0NA

GOODHUE

203,98

50

020

3,98

534

,724

0‐19,92

414

,800

‐19,92

4‐19,92

421

8,78

519

9,01

5NA

GOODRIDGE

22,891

00

22,891

1,66

80

‐1,111

557

‐1,111

‐1,111

23,448

22,673

NA

GOODVIEW

152,74

7‐115

,149

037

,598

99,903

0‐52,96

546

,938

‐52,96

5‐168

,114

84,536

183,13

4NA

GRA

CEVILLE

192,22

20

019

2,22

224

,788

0‐13,07

111

,717

‐13,07

1‐13,07

120

3,93

918

6,44

2NA

GRA

NADA

94,513

00

94,513

9,87

20

‐4,456

5,41

6‐4,456

‐4,456

99,929

91,663

NA

GRA

ND M

ARA

IS17

0,06

9‐73,64

70

96,422

48,507

0‐33,35

215

,155

‐33,35

2‐106

,999

111,57

715

5,88

9NA

GRA

ND M

EADOW

275,43

80

027

5,43

841

,332

0‐22,30

219

,030

‐22,30

2‐22,30

229

4,46

826

6,29

8NA

GRA

ND RAPIDS

1,44

6,51

4‐483

,104

096

3,41

028

5,12

10

‐218

,512

66,609

‐218

,512

‐701

,616

1,03

0,01

91,34

9,61

4NA

GRA

NITE FA

LLS

787,73

7‐155

,872

063

1,86

511

0,26

00

‐74,28

835

,972

‐74,28

8‐230

,160

667,83

784

6,83

7NA

GRA

NT

00

00

11,310

‐7,237

‐4,073

0‐4,073

‐11,31

00

0‐7,237

GRA

SSTO

N15

,506

00

15,506

1,88

60

‐974

912

‐974

‐974

16,418

14,388

NA

GRE

EN ISLE

52,511

00

52,511

33,967

0‐14,22

419

,743

‐14,22

4‐14,22

472

,254

59,760

NA

GRE

ENBU

SH22

0,77

00

022

0,77

025

,515

0‐13,87

911

,636

‐13,87

9‐13,87

923

2,40

622

1,22

6NA

GRE

ENFIELD

00

00

13,427

‐13,42

70

00

‐13,42

70

0‐13,42

7GRE

ENWALD

28,016

00

28,016

6,18

00

‐1,989

4,19

1‐1,989

‐1,989

32,207

27,389

NA

GRE

ENWOOD

00

00

00

00

00

00

NA

GRE

Y EA

GLE

62,474

00

62,474

12,028

0‐5,746

6,28

2‐5,746

‐5,746

68,756

59,124

NA

GRO

VE CITY

162,83

30

016

2,83

324

,882

0‐11,58

313

,299

‐11,58

3‐11,58

317

6,13

215

6,74

3NA

GRY

GLA

43,305

00

43,305

6,34

60

‐3,210

3,13

6‐3,210

‐3,210

46,441

42,875

NA

GULLY

16,959

0‐195

16,764

679

0‐679

0‐874

‐874

16,764

17,616

NA

HACK

ENSA

CK6,23

5‐6,235

00

11,914

‐10,87

0‐1,044

0‐1,044

‐18,14

90

5,54

2‐10,87

0HADLEY

15,852

00

15,852

2,80

30

‐1,469

1,33

4‐1,469

‐1,469

17,186

15,455

NA

HALLOCK

436,57

8‐60,93

60

375,64

246

,790

0‐27,89

918

,891

‐27,89

9‐88,83

539

4,53

342

5,41

8NA

HALM

A11

,301

00

11,301

1,74

50

‐677

1,06

8‐677

‐677

12,369

10,968

NA

HALSTA

D16

4,16

00

016

4,16

024

,379

0‐11,34

113

,038

‐11,34

1‐11,34

117

7,19

816

3,82

9NA

HAM LAKE

00

00

163,06

9‐163

,069

00

0‐163

,069

00

‐163

,069

HAMBU

RG59

,179

00

59,179

25,227

0‐15,59

69,63

1‐15,59

6‐15,59

668

,810

58,628

NA

HAMMOND

42,992

00

42,992

4,39

40

‐2,324

2,07

0‐2,324

‐2,324

45,062

45,472

NA

HAMPT

ON

88,374

00

88,374

15,166

0‐10,46

54,70

1‐10,46

5‐10,46

593

,075

92,004

NA

HANCO

CK23

4,16

40

023

4,16

429

,104

0‐16,56

512

,539

‐16,56

5‐16,56

524

6,70

323

0,83

2NA

HANLEY FA

LLS

74,862

00

74,862

10,245

0‐5,528

4,71

7‐5,528

‐5,528

79,579

72,342

NA

HANOVE

R18

1,65

8‐112

,594

‐6,244

62,820

43,798

0‐43,79

80

‐50,04

2‐162

,636

62,820

148,73

4NA

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

Page 92 League of Minnesota Cities

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

HANSK

A11

5,67

20

011

5,67

219

,446

0‐7,978

11,468

‐7,978

‐7,978

127,14

011

1,63

2NA

HARD

ING

1,21

40

01,21

41,86

40

‐350

1,51

4‐350

‐350

2,72

81,18

1NA

HARD

WICK

47,333

00

47,333

4,70

40

‐2,511

2,19

3‐2,511

‐2,511

49,526

45,323

NA

HARM

ONY

381,78

9‐61,49

00

320,29

970

,554

0‐31,16

439

,390

‐31,16

4‐92,65

435

9,68

937

0,65

9NA

HARR

IS17

3,02

5‐43,18

10

129,84

427

,721

0‐21,58

56,13

6‐21,58

5‐64,76

613

5,98

020

9,03

1NA

HART

LAND

50,761

00

50,761

15,401

0‐5,839

9,56

2‐5,839

‐5,839

60,323

48,121

NA

HASTINGS

389,92

8‐389

,928

00

623,46

7‐522

,956

‐100

,511

0‐100

,511

‐1,013

,395

035

0,33

3‐522

,956

HATFIELD

3,96

90

03,96

990

60

‐410

496

‐410

‐410

4,46

53,83

0NA

HAWLEY

611,84

4‐73,80

40

538,04

040

,971

0‐35,12

95,84

2‐35,12

9‐108

,933

543,88

264

6,44

4NA

HAYFIELD

419,15

6‐66,58

70

352,56

950

,726

0‐30,02

620

,700

‐30,02

6‐96,61

337

3,26

941

5,30

4NA

HAYW

ARD

30,991

00

30,991

13,473

0‐5,758

7,71

5‐5,758

‐5,758

38,706

28,981

NA

HAZEL RU

N14

,411

00

14,411

1,48

00

‐803

677

‐803

‐803

15,088

13,871

NA

HEC

TOR

358,48

1‐63,63

50

294,84

668

,833

0‐32,00

436

,829

‐32,00

4‐95,63

933

1,67

534

7,05

1NA

HEIDELBE

RG0

00

02,23

2‐2,102

‐130

0‐130

‐2,232

00

‐2,102

HEN

DER

SON

275,08

70

027

5,08

747

,025

0‐26,32

020

,705

‐26,32

0‐26,32

029

5,79

226

5,68

7NA

HEN

DRICK

S22

1,70

60

022

1,70

631

,153

0‐16,55

414

,599

‐16,55

4‐16,55

423

6,30

521

4,82

6NA

HEN

DRU

M59

,239

00

59,239

14,847

0‐5,978

8,86

9‐5,978

‐5,978

68,108

57,573

NA

HEN

NING

259,29

30

025

9,29

332

,391

0‐15,30

417

,087

‐15,30

4‐15,30

427

6,38

025

1,27

3NA

HEN

RIETTE

10,791

00

10,791

3,42

80

‐1,199

2,22

9‐1,199

‐1,199

13,020

10,675

NA

HER

MAN

112,08

70

011

2,08

722

,448

0‐11,64

810

,800

‐11,64

8‐11,64

812

2,88

710

7,92

7NA

HER

MANTO

WN

589,46

1‐257

,007

‐1,551

330,90

312

9,84

00

‐129

,840

0‐131

,391

‐388

,398

330,90

349

5,43

1NA

HER

ON LAKE

287,97

00

028

7,97

028

,673

0‐17,47

011

,203

‐17,47

0‐17,47

029

9,17

331

0,12

5NA

HEW

ITT

60,163

00

60,163

7,85

40

‐3,745

4,10

9‐3,745

‐3,745

64,272

59,679

NA

HIBBING

8,88

3,66

6‐889

,350

07,99

4,31

664

7,04

70

‐451

,360

195,68

7‐451

,360

‐1,340

,710

8,19

0,00

38,72

2,46

6NA

HILL CITY

54,488

00

54,488

18,245

0‐10,23

28,01

3‐10,23

2‐10,23

262

,501

50,998

NA

HILLM

AN

2,89

30

02,89

31,14

20

‐252

890

‐252

‐252

3,78

32,74

6NA

HILLS

144,45

30

014

4,45

323

,944

0‐8,460

15,484

‐8,460

‐8,460

159,93

713

9,89

2NA

HILLTOP

134,71

10

‐18,50

411

6,20

73,64

40

‐3,644

0‐22,14

8‐22,14

811

6,20

712

7,34

0NA

HINCK

LEY

272,37

6‐54,98

00

217,39

628

,815

0‐26,40

32,41

2‐26,40

3‐81,38

321

9,80

829

6,61

1NA

HITTERD

AL

40,562

00

40,562

6,16

10

‐2,426

3,73

5‐2,426

‐2,426

44,297

38,852

NA

HOFFMAN

139,62

40

013

9,62

417

,655

0‐8,262

9,39

3‐8,262

‐8,262

149,01

714

1,28

4NA

HOKA

H15

9,77

50

015

9,77

528

,236

0‐15,28

812

,948

‐15,28

8‐15,28

817

2,72

315

4,31

5NA

HOLD

INGFO

RD16

5,54

40

016

5,54

431

,344

0‐14,54

516

,799

‐14,54

5‐14,54

518

2,34

316

8,90

4NA

HOLLAND

48,605

00

48,605

5,28

70

‐2,578

2,70

9‐2,578

‐2,578

51,314

46,655

NA

HOLLANDALE

40,252

00

40,252

13,130

0‐5,088

8,04

2‐5,088

‐5,088

48,294

38,035

NA

HOLLOWAY

14,675

‐5,610

09,06

54,20

60

‐2,828

1,37

8‐2,828

‐8,438

10,443

13,665

NA

HOLT

15,629

00

15,629

1,80

10

‐707

1,09

4‐707

‐707

16,723

16,129

NA

HOPK

INS

50,000

‐50,00

00

023

2,85

0‐232

,850

00

0‐282

,850

050

,000

‐232

,850

HOUSTON

340,90

1‐55,16

50

285,73

649

,267

0‐26,24

023

,027

‐26,24

0‐81,40

530

8,76

343

7,97

5NA

HOWARD

 LAKE

566,82

3‐90,00

90

476,81

449

,009

0‐41,29

37,71

6‐41,29

3‐131

,302

484,53

056

7,92

4NA

HOYT LAKE

S46

2,23

4‐101

,475

036

0,75

995

,916

0‐51,35

244

,564

‐51,35

2‐152

,827

405,32

344

3,89

4NA

HUGO

00

00

277,08

4‐262

,327

‐14,75

70

‐14,75

7‐277

,084

00

‐262

,327

HUMBO

LDT

12,202

0‐164

12,038

314

0‐314

0‐478

‐478

12,038

12,212

NA

HUTC

HINSO

N2,41

2,25

9‐627

,987

01,78

4,27

241

3,39

10

‐294

,722

118,66

9‐294

,722

‐922

,709

1,90

2,94

12,34

8,13

5NA

IHLEN

17,494

00

17,494

2,73

10

‐1,145

1,58

6‐1,145

‐1,145

19,080

16,654

NA

INDEP

ENDEN

CE0

00

020

,796

‐20,79

60

00

‐20,79

60

0‐20,79

6INTERN

ATIONAL FA

LLS

4,05

6,55

9‐345

,565

03,71

0,99

425

0,76

50

‐173

,012

77,753

‐173

,012

‐518

,577

3,78

8,74

73,99

4,76

9NA

INVE

R GRO

VE HEIGHTS

00

00

658,39

1‐590

,788

‐67,60

30

‐67,60

3‐658

,391

00

‐590

,788

IONA

38,503

00

38,503

6,46

40

‐2,619

3,84

5‐2,619

‐2,619

42,348

37,043

NA

IRON JU

NCT

ION

12,613

00

12,613

2,70

30

‐825

1,87

8‐825

‐825

14,491

12,230

NA

IRONTO

N12

0,06

10

012

0,06

136

,089

0‐14,89

621

,193

‐14,89

6‐14,89

614

1,25

411

4,74

1NA

ISANTI

524,26

2‐210

,903

031

3,35

914

1,80

30

‐92,26

449

,539

‐92,26

4‐303

,167

362,89

849

9,12

7NA

ISLE

67,711

‐40,90

1‐479

26,331

20,634

0‐20,63

40

‐21,11

3‐62,01

426

,331

63,343

NA

IVANHOE

209,25

90

020

9,25

927

,855

0‐15,12

012

,735

‐15,12

0‐15,12

022

1,99

420

3,17

9NA

JACK

SON

1,25

6,98

2‐170

,227

01,08

6,75

513

1,40

60

‐79,49

051

,916

‐79,49

0‐249

,717

1,13

8,67

11,22

2,74

2NA

JANESVILLE

836,49

2‐111

,620

072

4,87

282

,320

0‐51,04

331

,277

‐51,04

3‐162

,663

756,14

981

6,50

7NA

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

2010 Law Summaries Page 93

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

JASPER

185,18

50

018

5,18

519

,826

0‐11,31

48,51

2‐11,31

4‐11,31

419

3,69

718

2,51

8NA

JEFFER

S11

5,91

30

011

5,91

314

,071

0‐6,752

7,31

9‐6,752

‐6,752

123,23

211

2,49

3NA

JENKINS

4,62

0‐4,620

00

16,734

‐13,85

3‐2,881

0‐2,881

‐21,35

40

4,11

8‐13,85

3JO

HNSO

N7,22

90

07,22

91,05

70

‐488

569

‐488

‐488

7,79

87,00

0NA

JORD

AN

219,30

3‐219

,303

00

119,87

4‐24,78

3‐95,09

10

‐95,09

1‐339

,177

018

4,86

7‐24,78

3KA

NDIYOHI

101,99

70

010

1,99

715

,346

0‐7,228

8,11

8‐7,228

‐7,228

110,11

597

,952

NA

KARLSTAD

239,97

80

023

9,97

823

,069

0‐14,09

18,97

8‐14,09

1‐14,09

124

8,95

623

2,84

8NA

KASO

TA14

3,29

60

014

3,29

617

,336

0‐7,420

9,91

6‐7,420

‐7,420

153,21

215

0,60

7NA

KASSON

990,58

9‐210

,380

078

0,20

915

7,12

20

‐94,08

763

,035

‐94,08

7‐304

,467

843,24

496

1,25

6NA

KEEW

ATIN

407,86

8‐64,13

00

343,73

849

,251

0‐32,56

416

,687

‐32,56

4‐96,69

436

0,42

539

6,23

8NA

KELLIHER

107,30

70

010

7,30

75,80

20

‐5,112

690

‐5,112

‐5,112

107,99

711

0,31

7NA

KELLOGG

85,764

00

85,764

23,662

0‐10,17

413

,488

‐10,17

4‐10,17

499

,252

83,703

NA

KENNED

Y68

,874

00

68,874

7,46

30

‐5,033

2,43

0‐5,033

‐5,033

71,304

66,764

NA

KENNETH

10,840

00

10,840

1,30

40

‐697

607

‐697

‐697

11,447

10,330

NA

KENSINGTO

N57

,021

00

57,021

9,77

50

‐3,781

5,99

4‐3,781

‐3,781

63,015

54,270

NA

KENT

21,655

00

21,655

1,95

50

‐1,051

904

‐1,051

‐1,051

22,559

20,567

NA

KENYO

N55

8,98

0‐92,33

70

466,64

363

,285

0‐39,51

223

,773

‐39,51

2‐131

,849

490,41

655

8,00

2NA

KERK

HOVE

N18

8,17

50

018

8,17

533

,089

0‐14,70

518

,384

‐14,70

5‐14,70

520

6,55

918

4,98

0NA

KERR

ICK

3,77

10

03,77

11,90

80

‐604

1,30

4‐604

‐604

5,07

53,48

9NA

KETTLE RIVER

24,250

00

24,250

8,82

20

‐3,681

5,14

1‐3,681

‐3,681

29,391

22,510

NA

KIESTER

155,18

70

015

5,18

728

,548

0‐13,58

014

,968

‐13,58

0‐13,58

017

0,15

515

0,79

5NA

KILKEN

NY

37,504

00

37,504

6,98

80

‐2,642

4,34

6‐2,642

‐2,642

41,850

35,924

NA

KIMBA

LL12

2,20

60

012

2,20

628

,684

0‐16,87

611

,808

‐16,87

6‐16,87

613

4,01

411

7,69

6NA

KINBR

AE

545

‐344

020

119

70

‐154

43‐154

‐498

244

501

NA

KINGSTON

12,833

00

12,833

3,22

00

‐1,165

2,05

5‐1,165

‐1,165

14,888

13,457

NA

KINNEY

61,615

00

61,615

5,40

00

‐4,732

668

‐4,732

‐4,732

62,283

59,925

NA

LACR

ESCE

NT

616,49

2‐193

,645

042

2,84

713

8,22

40

‐87,12

351

,101

‐87,12

3‐280

,768

473,94

856

7,35

3NA

LAFA

YETTE

125,46

60

012

5,46

617

,327

0‐7,636

9,69

1‐7,636

‐7,636

135,15

712

0,67

6NA

LAKE

 BEN

TON

205,26

80

020

5,26

831

,723

0‐14,27

317

,450

‐14,27

3‐14,27

322

2,71

819

8,62

8NA

LAKE

 BRO

NSO

N73

,763

00

73,763

5,07

60

‐4,483

593

‐4,483

‐4,483

74,356

71,423

NA

LAKE

 CITY

865,09

7‐254

,750

061

0,34

715

6,85

70

‐122

,135

34,722

‐122

,135

‐376

,885

645,06

985

3,23

3NA

LAKE

 CRY

STAL

746,24

8‐124

,521

062

1,72

792

,672

0‐58,03

534

,637

‐58,03

5‐182

,556

656,36

472

0,31

8NA

LAKE

 ELM

O0

00

038

,419

‐33,40

6‐5,013

0‐5,013

‐38,41

90

0‐33,40

6LA

KE HEN

RY6,14

90

06,14

93,03

10

‐861

2,17

0‐861

‐861

8,31

95,88

6NA

LAKE

 LILLIAN

35,415

00

35,415

12,806

0‐4,060

8,74

6‐4,060

‐4,060

44,161

33,155

NA

LAKE

 PARK

237,60

30

023

7,60

320

,585

0‐11,58

09,00

5‐11,58

0‐11,58

024

6,60

823

0,70

9NA

LAKE

 SHORE

00

00

10,238

‐9,664

‐574

0‐574

‐10,23

80

0‐9,664

LAKE

 ST CR

OIX BEA

CH45

,945

‐41,70

20

4,24

336

,563

0‐18,63

617

,927

‐18,63

6‐60,33

822

,170

53,694

NA

LAKE

 WILSO

N79

,202

00

79,202

9,27

80

‐3,691

5,58

7‐3,691

‐3,691

84,789

76,722

NA

LAKE

FIELD

699,48

4‐85,22

30

614,26

174

,133

0‐39,49

234

,641

‐39,49

2‐124

,715

648,90

268

2,82

4NA

LAKE

LAND

115,18

4‐81,61

00

33,574

40,196

0‐38,23

71,95

9‐38,23

7‐119

,847

35,533

111,01

7NA

LAKE

LAND SHORE

S0

00

02,36

7‐1,812

‐555

0‐555

‐2,367

00

‐1,812

LAKE

VILLE

00

00

777,33

5‐686

,471

‐90,86

40

‐90,86

4‐777

,335

00

‐686

,471

LAMBE

RTON

295,78

40

029

5,78

435

,294

0‐20,35

914

,935

‐20,35

9‐20,35

931

0,71

928

7,78

4NA

LANCA

STER

78,502

00

78,502

12,066

0‐4,646

7,42

0‐4,646

‐4,646

85,922

75,242

NA

LANDFA

LL13

5,39

0‐39,10

5‐16,30

879

,977

00

00

‐16,30

8‐55,41

379

,977

117,19

5NA

LANESBO

RO21

1,80

00

021

1,80

042

,894

0‐20,38

422

,510

‐20,38

4‐20,38

423

4,31

020

4,52

0NA

LAPO

RTE

10,915

00

10,915

4,22

60

‐2,208

2,01

8‐2,208

‐2,208

12,933

13,458

NA

LAPR

AIRIE

69,495

00

69,495

15,562

0‐9,102

6,46

0‐9,102

‐9,102

75,955

66,553

NA

LASA

LLE

16,977

00

16,977

3,19

80

‐1,199

1,99

9‐1,199

‐1,199

18,976

16,607

NA

LASTRU

P2,49

10

02,49

13,13

00

‐600

2,53

0‐600

‐600

5,02

12,84

7NA

LAUDER

DALE

615,28

2‐88,19

6‐8,888

518,19

831

,811

0‐31,81

10

‐40,69

9‐128

,895

518,19

861

5,63

3NA

LECE

NTER

803,42

2‐94,96

30

708,45

967

,284

0‐48,44

918

,835

‐48,44

9‐143

,412

727,29

483

4,73

3NA

LENGBY

22,626

00

22,626

1,19

00

‐1,050

140

‐1,050

‐1,050

22,766

21,916

NA

LEONARD

4,08

00

04,08

061

30

‐234

379

‐234

‐234

4,45

94,05

8NA

LEONIDAS

35,240

00

35,240

2,51

60

‐1,596

920

‐1,596

‐1,596

36,160

34,670

NA

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

Page 94 League of Minnesota Cities

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

LERO

Y30

5,78

90

030

5,78

946

,519

0‐25,00

421

,515

‐25,00

4‐25,00

432

7,30

429

6,85

9NA

LESTER

 PRA

IRIE

484,18

3‐80,08

50

404,09

860

,150

0‐38,20

321

,947

‐38,20

3‐118

,288

426,04

548

5,22

8NA

LESU

EUR

973,77

8‐205

,856

076

7,92

212

7,90

00

‐92,62

235

,278

‐92,62

2‐298

,478

803,20

093

0,46

8NA

LEWISTO

N46

1,45

4‐77,69

90

383,75

554

,768

0‐36,17

218

,596

‐36,17

2‐113

,871

402,35

144

7,05

3NA

LEWISVILLE

69,240

00

69,240

10,361

0‐4,157

6,20

4‐4,157

‐4,157

75,444

66,962

NA

LEXINGTO

N41

2,77

8‐104

,971

‐10,93

829

6,86

934

,924

0‐34,92

40

‐45,86

2‐150

,833

296,86

938

4,13

2NA

LILYDALE

4,32

4‐4,324

00

18,851

‐18,85

10

00

‐23,17

50

4,05

9‐18,85

1LINDSTRO

M16

7,62

3‐135

,205

032

,418

79,289

0‐60,17

719

,112

‐60,17

7‐195

,382

51,530

152,29

3NA

LINO LAKE

S0

00

026

1,64

0‐241

,251

‐20,38

90

‐20,38

9‐261

,640

00

‐241

,251

LISM

ORE

67,728

00

67,728

10,848

0‐5,785

5,06

3‐5,785

‐5,785

72,791

65,548

NA

LITC

HFIELD

1,89

7,65

3‐308

,800

01,58

8,85

321

7,02

00

‐141

,857

75,163

‐141

,857

‐450

,657

1,66

4,01

61,82

9,20

3NA

LITTLE CANADA

426,07

9‐229

,542

019

6,53

710

3,28

50

‐102

,371

914

‐102

,371

‐331

,913

197,45

132

5,64

9NA

LITTLE FALLS

2,48

6,03

2‐396

,952

02,08

9,08

025

9,20

40

‐182

,339

76,865

‐182

,339

‐579

,291

2,16

5,94

52,40

1,85

2NA

LITTLEFO

RK22

1,70

40

022

1,70

417

,658

0‐11,03

06,62

8‐11,03

0‐11,03

022

8,33

221

4,81

4NA

LONG BEA

CH0

00

05,12

5‐4,405

‐720

0‐720

‐5,125

00

‐4,405

LONG LAKE

133,46

5‐89,19

4‐17,37

926

,892

22,697

0‐22,69

70

‐40,07

6‐129

,270

26,892

108,51

0NA

LONG PRA

IRIE

837,96

9‐102

,437

073

5,53

261

,467

0‐48,79

612

,671

‐48,79

6‐151

,233

748,20

384

3,32

4NA

LONGVILLE

00

00

6,76

9‐6,769

00

0‐6,769

00

‐6,769

LONSD

ALE

389,75

2‐144

,406

024

5,34

689

,008

0‐64,26

024

,748

‐64,26

0‐208

,666

270,09

436

1,02

2NA

LORE

TTO

8,13

3‐8,133

00

14,053

‐14,05

30

00

‐22,18

60

7,23

2‐14,05

3LO

UISBU

RG7,95

40

07,95

495

30

‐684

269

‐684

‐684

8,22

39,15

4NA

LOWRY

51,888

00

51,888

14,070

0‐5,053

9,01

7‐5,053

‐5,053

60,905

49,088

NA

LUCA

N51

,392

00

51,392

9,78

70

‐4,505

5,28

2‐4,505

‐4,505

56,674

49,911

NA

LUVE

RNE

1,37

1,69

0‐177

,515

01,19

4,17

516

5,74

00

‐86,25

679

,484

‐86,25

6‐263

,771

1,27

3,65

91,32

5,90

0NA

LYLE

168,78

40

016

8,78

414

,706

0‐8,633

6,07

3‐8,633

‐8,633

174,85

716

3,17

4NA

LYND

58,490

00

58,490

10,867

0‐6,360

4,50

7‐6,360

‐6,360

62,997

55,313

NA

MABE

L23

0,29

70

023

0,29

743

,587

0‐18,86

824

,719

‐18,86

8‐18,86

825

5,01

622

3,12

7NA

MADELIA

969,32

0‐108

,945

086

0,37

564

,744

0‐50,60

514

,139

‐50,60

5‐159

,550

874,51

494

6,80

0NA

MADISON

821,55

2‐92,45

50

729,09

788

,605

0‐46,42

442

,181

‐46,42

4‐138

,879

771,27

880

4,97

2NA

MADISON LAKE

126,00

40

012

6,00

423

,772

0‐18,55

05,22

2‐18,55

0‐18,55

013

1,22

611

9,40

6NA

MAGNOLIA

44,420

00

44,420

4,92

50

‐2,495

2,43

0‐2,495

‐2,495

46,850

43,194

NA

MAHNOMEN

504,82

6‐55,96

6‐3,473

445,38

720

,337

0‐20,33

70

‐23,81

0‐79,77

644

5,38

752

0,31

3NA

MAHTO

MED

I0

00

078

,233

‐67,31

6‐10,91

70

‐10,91

7‐78,23

30

0‐67,31

6MANCH

ESTER

14,717

00

14,717

1,19

40

‐850

344

‐850

‐850

15,061

15,725

NA

MANHATTAN BEA

CH0

00

01,62

0‐1,620

00

0‐1,620

00

‐1,620

MANKA

TO7,85

8,29

0‐1,548

,797

‐92,49

26,21

7,00

162

8,55

90

‐628

,559

0‐721

,051

‐2,269

,848

6,21

7,00

17,98

1,21

0NA

MANTO

RVILLE

259,44

4‐50,44

10

209,00

333

,800

0‐23,11

610

,684

‐23,11

6‐73,55

721

9,68

725

1,95

9NA

MAPLE GRO

VE0

00

083

7,25

5‐829

,965

‐7,290

0‐7,290

‐837

,255

00

‐829

,965

MAPLE LA

KE49

9,77

4‐97,00

30

402,77

152

,154

0‐43,58

08,57

4‐43,58

0‐140

,583

411,34

550

1,76

6NA

MAPLE PLAIN

366,44

9‐107

,855

‐19,22

823

9,36

633

,934

0‐33,93

40

‐53,16

2‐161

,017

239,36

633

5,18

1NA

MAPLETON

560,47

8‐79,23

20

481,24

669

,822

0‐38,39

331

,429

‐38,39

3‐117

,625

512,67

555

4,69

4NA

MAPLEV

IEW

51,837

00

51,837

5,75

90

‐2,806

2,95

3‐2,806

‐2,806

54,790

50,167

NA

MAPLEW

OOD

00

00

574,42

7‐566

,817

‐7,610

0‐7,610

‐574

,427

00

‐566

,817

MARB

LE22

8,48

40

022

8,48

422

,383

0‐14,68

67,69

7‐14,68

6‐14,68

623

6,18

122

1,50

4NA

MARIETTA

52,187

00

52,187

4,26

30

‐2,355

1,90

8‐2,355

‐2,355

54,095

50,577

NA

MARINE ON ST CR

OIX

00

00

8,40

7‐8,403

‐40

‐4‐8,407

00

‐8,403

MARS

HALL

2,64

7,81

3‐537

,205

02,11

0,60

826

8,21

90

‐250

,792

17,427

‐250

,792

‐787

,997

2,12

8,03

52,51

6,40

3NA

MAYER

328,20

9‐101

,310

‐6,958

219,94

142

,127

0‐42,12

70

‐49,08

5‐150

,395

219,94

135

8,17

6NA

MAYN

ARD

123,71

70

012

3,71

713

,371

0‐8,905

4,46

6‐8,905

‐8,905

128,18

312

0,99

0NA

MAZEPP

A16

4,50

30

016

4,50

325

,465

0‐15,21

210

,253

‐15,21

2‐15,21

217

4,75

615

8,01

4NA

MCG

RATH

6,68

70

06,68

72,21

30

‐504

1,70

9‐504

‐504

8,39

67,02

5NA

MCG

REGOR

92,418

00

92,418

12,190

0‐10,71

21,47

8‐10,71

2‐10,71

293

,896

89,273

NA

MCINTO

SH20

5,16

60

020

5,16

616

,889

0‐11,85

45,03

5‐11,85

4‐11,85

421

0,20

119

9,36

6NA

MCK

INLEY

51,992

00

51,992

4,35

70

‐2,380

1,97

7‐2,380

‐2,380

53,969

51,142

NA

MEA

DOWLA

NDS

21,550

00

21,550

3,73

60

‐2,463

1,27

3‐2,463

‐2,463

22,823

21,442

NA

MED

FORD

209,11

8‐47,99

80

161,12

029

,961

0‐22,13

17,83

0‐22,13

1‐70,12

916

8,95

020

9,85

0NA

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

2010 Law Summaries Page 95

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

MED

ICINE LA

KE0

00

00

00

00

00

0NA

MED

INA

00

00

6,29

1‐6,291

00

0‐6,291

00

‐6,291

MEIRE

 GRO

VE12

,141

00

12,141

4,10

90

‐1,193

2,91

6‐1,193

‐1,193

15,057

11,613

NA

MELRO

SE76

9,20

9‐154

,359

061

4,85

010

2,59

70

‐69,76

332

,834

‐69,76

3‐224

,122

647,68

474

1,76

5NA

MEN

AHGA

331,14

0‐49,18

00

281,96

033

,654

0‐22,75

010

,904

‐22,75

0‐71,93

029

2,86

431

8,87

0NA

MEN

DOTA

25,000

‐10,72

5‐1,180

13,095

3,94

80

‐3,948

0‐5,128

‐15,85

313

,095

25,000

NA

MEN

DOTA

 HEIGHTS

00

00

115,33

5‐112

,756

‐2,579

0‐2,579

‐115

,335

00

‐112

,756

MEN

TOR

33,725

00

33,725

3,76

00

‐2,286

1,47

4‐2,286

‐2,286

35,199

32,824

NA

MIDDLE RIVER

81,540

00

81,540

10,854

0‐5,084

5,77

0‐5,084

‐5,084

87,310

78,955

NA

MIESV

ILLE

1,01

0‐1,010

00

3,30

8‐2,439

‐869

0‐869

‐4,318

01,00

2‐2,439

MILACA

670,15

0‐107

,436

056

2,71

464

,616

0‐52,08

012

,536

‐52,08

0‐159

,516

575,25

068

3,57

2NA

MILAN

90,141

00

90,141

14,238

0‐7,154

7,08

4‐7,154

‐7,154

97,225

87,281

NA

MILLERV

ILLE

7,79

10

07,79

12,60

00

‐696

1,90

4‐696

‐696

9,69

59,04

1NA

MILLV

ILLE

18,803

00

18,803

3,88

80

‐1,502

2,38

6‐1,502

‐1,502

21,189

18,778

NA

MILRO

Y58

,705

00

58,705

14,441

0‐6,642

7,79

9‐6,642

‐6,642

66,504

56,916

NA

MILTO

NA

30,433

00

30,433

15,702

0‐6,049

9,65

3‐6,049

‐6,049

40,086

38,604

NA

MINNEA

POLIS

90,012

,451

‐21,34

1,10

0‐4,684

,620

63,986

,731

6,23

9,04

80

‐6,239

,048

0‐10,92

3,66

8‐32,26

4,76

863

,986

,731

87,354

,815

NA

MINNEISK

A6,27

00

06,27

01,72

10

‐593

1,12

8‐593

‐593

7,39

85,78

1NA

MINNEO

TA47

9,91

8‐67,31

50

412,60

357

,630

0‐31,23

926

,391

‐31,23

9‐98,55

443

8,99

446

6,07

8NA

MINNESOTA

 CITY

40,280

00

40,280

4,49

50

‐2,238

2,25

7‐2,238

‐2,238

42,537

39,113

NA

MINNESOTA

 LAKE

131,47

00

013

1,47

034

,767

0‐13,12

321

,644

‐13,12

3‐13,12

315

3,11

412

8,51

5NA

MINNETONKA

00

00

485,93

0‐485

,924

‐60

‐6‐485

,930

00

‐485

,924

MINNETONKA

 BEA

CH3,68

0‐3,680

00

00

00

0‐3,680

03,64

5NA

MINNETRISTA

00

00

12,703

‐12,70

30

00

‐12,70

30

0‐12,70

3MIZPA

H6,24

60

06,24

674

80

‐300

448

‐300

‐300

6,69

46,49

6NA

MONTEVIDEO

1,94

0,75

5‐265

,914

01,67

4,84

117

2,57

90

‐122

,902

49,677

‐122

,902

‐388

,816

1,72

4,51

81,88

6,39

5NA

MONTG

OMER

Y79

3,32

4‐164

,408

062

8,91

610

6,10

50

‐75,60

930

,496

‐75,60

9‐240

,017

659,41

276

5,57

7NA

MONTICE

LLO

00

00

278,31

2‐257

,745

‐20,56

70

‐20,56

7‐278

,312

00

‐257

,745

MONTR

OSE

553,96

3‐105

,070

044

8,89

375

,332

0‐48,05

527

,277

‐48,05

5‐153

,125

476,17

056

1,18

7NA

MOORH

EAD

7,91

8,29

0‐1,127

,662

06,79

0,62

856

4,60

20

‐526

,804

37,798

‐526

,804

‐1,654

,466

6,82

8,42

67,61

8,29

0NA

MOOSE LAKE

624,27

1‐73,51

6‐6,973

543,78

228

,146

0‐28,14

60

‐35,11

9‐108

,635

543,78

265

7,29

8NA

MORA

814,55

8‐103

,600

‐1,608

709,35

046

,268

0‐46,26

80

‐47,87

6‐151

,476

709,35

079

5,32

8NA

MORG

AN

300,60

70

030

0,60

745

,026

0‐21,53

623

,490

‐21,53

6‐21,53

632

4,09

729

2,15

7NA

MORR

IS2,38

9,50

3‐261

,440

‐23,57

52,10

4,48

899

,220

0‐99,22

00

‐122

,795

‐384

,235

2,10

4,48

82,31

3,87

8NA

MORR

ISTO

WN

272,12

0‐41,67

80

230,44

238

,251

0‐18,87

019

,381

‐18,87

0‐60,54

824

9,82

326

5,16

3NA

MORT

ON

132,31

00

013

2,31

019

,910

0‐10,19

09,72

0‐10,19

0‐10,19

014

2,03

013

1,22

5NA

MOTLEY

133,17

10

013

3,17

122

,605

0‐15,52

67,07

9‐15,52

6‐15,52

614

0,25

013

0,81

8NA

MOUND

00

00

161,03

1‐161

,031

00

0‐161

,031

00

‐161

,031

MOUNDS VIEW

571,63

6‐339

,558

023

2,07

818

1,49

90

‐160

,156

21,343

‐160

,156

‐499

,714

253,42

148

2,47

4NA

MOUNTA

IN IR

ON

1,31

1,14

8‐154

,880

01,15

6,26

810

4,95

40

‐78,65

226

,302

‐78,65

2‐233

,532

1,18

2,57

01,35

2,18

7NA

MOUNTA

IN LAKE

914,66

5‐107

,215

080

7,45

087

,194

0‐49,87

537

,319

‐49,87

5‐157

,090

844,76

989

4,58

5NA

MURD

OCK

72,441

00

72,441

8,18

80

‐5,055

3,13

3‐5,055

‐5,055

75,574

69,561

NA

MYR

TLE

11,886

00

11,886

1,15

40

‐716

438

‐716

‐716

12,324

11,424

NA

NASH

UA

337

‐337

00

665

‐225

‐330

110

‐330

‐892

110

317

‐225

NASH

WAUK

412,90

00

041

2,90

039

,744

0‐26,37

613

,368

‐26,37

6‐26,37

642

6,26

840

3,48

0NA

NASSAU

18,206

00

18,206

2,22

90

‐1,123

1,10

6‐1,123

‐1,123

19,312

17,638

NA

NELSO

N24

,782

00

24,782

5,85

20

‐2,084

3,76

8‐2,084

‐2,084

28,550

23,990

NA

NER

STRA

ND

19,328

00

19,328

5,10

50

‐1,897

3,20

8‐1,897

‐1,897

22,536

22,928

NA

NEV

IS45

,207

00

45,207

20,955

0‐8,588

12,367

‐8,588

‐8,588

57,574

41,623

NA

NEW

 AUBU

RN10

8,80

90

010

8,80

923

,112

0‐10,25

112

,861

‐10,25

1‐10,25

112

1,67

010

6,30

5NA

NEW

 BRIGHTO

N65

,619

‐65,59

0‐29

028

0,44

8‐280

,448

00

‐29

‐346

,067

015

3,20

9‐280

,448

NEW

 GER

MANY

12,694

00

12,694

12,595

0‐7,564

5,03

1‐7,564

‐7,564

17,725

11,743

NA

NEW

 HOPE

771,55

4‐726

,747

044

,807

352,98

10

‐338

,216

14,765

‐338

,216

‐1,064

,963

59,572

640,00

7NA

NEW

 LONDON

326,10

1‐51,24

10

274,86

035

,402

0‐24,18

211

,220

‐24,18

2‐75,42

328

6,08

031

5,31

1NA

NEW

 MUNICH

71,671

00

71,671

12,599

0‐5,543

7,05

6‐5,543

‐5,543

78,727

69,560

NA

NEW

 PRA

GUE

843,95

2‐328

,474

051

5,47

818

9,76

40

‐155

,209

34,555

‐155

,209

‐483

,683

550,03

381

3,13

4NA

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

Page 96 League of Minnesota Cities

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

NEW

 RICHLA

ND

374,33

4‐48,73

50

325,59

945

,903

0‐22,47

023

,433

‐22,47

0‐71,20

534

9,03

237

2,66

4NA

NEW

 TRIER

863

00

863

3,51

90

‐1,388

2,13

1‐1,388

‐1,388

2,99

477

9NA

NEW

 ULM

4,85

8,00

2‐746

,240

04,11

1,76

249

5,58

50

‐347

,127

148,45

8‐347

,127

‐1,093

,367

4,26

0,22

04,83

4,40

2NA

NEW

 YORK

 MILLS

398,53

7‐56,38

70

342,15

041

,046

0‐26,21

414

,832

‐26,21

4‐82,60

135

6,98

238

6,66

7NA

NEW

FOLD

EN79

,371

00

79,371

10,606

0‐4,487

6,11

9‐4,487

‐4,487

85,490

75,781

NA

NEW

PORT

797,88

4‐194

,370

‐16,57

158

6,94

378

,410

0‐78,41

00

‐94,98

1‐289

,351

586,94

374

5,89

3NA

NICOLLET

203,82

2‐28,28

60

175,53

623

,502

0‐14,33

79,16

5‐14,33

7‐42,62

318

4,70

120

8,90

7NA

NIELSVILLE

22,762

00

22,762

2,03

80

‐1,712

326

‐1,712

‐1,712

23,088

21,942

NA

NIM

ROD

2,62

70

02,62

72,57

40

‐724

1,85

0‐724

‐724

4,47

72,54

2NA

NISSW

A12

,288

‐12,28

80

024

,870

‐24,87

00

00

‐37,15

80

12,288

‐24,87

0NORC

ROSS

17,067

00

17,067

2,72

00

‐1,457

1,26

3‐1,457

‐1,457

18,330

16,497

NA

NORT

H BRA

NCH

469,63

5‐323

,503

014

6,13

218

7,05

40

‐147

,787

39,267

‐147

,787

‐471

,290

185,39

950

8,50

9NA

NORT

H M

ANKA

TO1,85

4,81

6‐496

,709

01,35

8,10

730

2,86

00

‐228

,659

74,201

‐228

,659

‐725

,368

1,43

2,30

81,85

1,80

2NA

NORT

H OAKS

00

00

1,43

1‐819

‐612

0‐612

‐1,431

00

‐819

NORT

H ST PA

UL

2,28

7,44

4‐387

,549

‐21,71

31,87

8,18

217

1,23

50

‐171

,235

0‐192

,948

‐580

,497

1,87

8,18

22,42

0,06

0NA

NORT

HFIELD

2,96

8,48

7‐697

,032

‐22,17

12,24

9,28

428

8,70

40

‐288

,704

0‐310

,875

‐1,007

,907

2,24

9,28

42,97

2,14

4NA

NORT

HOME

68,324

00

68,324

6,46

60

‐3,996

2,47

0‐3,996

‐3,996

70,794

65,984

NA

NORT

HRO

P45

,444

00

45,444

9,40

00

‐3,262

6,13

8‐3,262

‐3,262

51,582

46,295

NA

NORW

OOD YOUNG AMER

ICA

249,16

5‐140

,683

010

8,48

299

,177

0‐68,08

231

,095

‐68,08

2‐208

,765

139,57

723

9,29

6NA

NOWTH

EN0

00

043

,808

‐43,80

80

00

‐43,80

80

0‐43,80

8OAK GRO

VE20

0,00

0‐200

,000

00

127,41

1‐52,71

7‐74,69

40

‐74,69

4‐327

,411

020

0,00

0‐52,71

7OAK PA

RK HEIGHTS

00

00

87,965

‐84,45

9‐3,506

0‐3,506

‐87,96

50

0‐84,45

9OAKD

ALE

00

00

577,97

0‐537

,707

‐40,26

30

‐40,26

3‐577

,970

00

‐537

,707

ODESSA

38,933

00

38,933

2,86

60

‐2,038

828

‐2,038

‐2,038

39,761

37,973

NA

ODIN

25,809

00

25,809

3,98

80

‐1,546

2,44

2‐1,546

‐1,546

28,251

24,822

NA

OGEM

A27

,864

00

27,864

4,71

20

‐1,915

2,79

7‐1,915

‐1,915

30,661

26,614

NA

OGILVIE

128,30

00

‐538

127,76

25,81

50

‐5,815

0‐6,353

‐6,353

127,76

212

3,08

2NA

OKA

BENA

51,284

00

51,284

10,690

0‐4,872

5,81

8‐4,872

‐4,872

57,102

49,544

NA

OKLEE

111,17

60

011

1,17

615

,446

0‐8,765

6,68

1‐8,765

‐8,765

117,85

710

7,27

6NA

OLIVIA

821,42

4‐125

,272

069

6,15

210

2,12

90

‐60,13

741

,992

‐60,13

7‐185

,409

738,14

482

7,13

2NA

ONAMIA

239,11

60

023

9,11

616

,438

0‐15,14

51,29

3‐15,14

5‐15,14

524

0,40

924

1,23

7NA

ORM

SBY

25,253

00

25,253

5,94

70

‐1,714

4,23

3‐1,714

‐1,714

29,486

24,183

NA

ORO

NO

00

00

5,87

1‐5,871

00

0‐5,871

00

‐5,871

ORO

NOCO

64,243

‐39,86

4‐419

23,960

19,784

0‐19,78

40

‐20,20

3‐60,06

723

,960

60,303

NA

ORR

42,063

00

42,063

8,95

90

‐4,668

4,29

1‐4,668

‐4,668

46,354

41,850

NA

ORT

ONVILLE

806,89

6‐103

,476

070

3,42

070

,913

0‐48,36

722

,546

‐48,36

7‐151

,843

725,96

678

7,56

6NA

OSA

KIS

450,78

4‐69,91

70

380,86

743

,459

0‐31,77

111

,688

‐31,77

1‐101

,688

392,55

545

8,55

2NA

OSLO

78,157

00

78,157

15,761

0‐7,665

8,09

6‐7,665

‐7,665

86,253

74,947

NA

OSSEO

790,16

4‐136

,345

‐14,03

763

9,78

253

,728

0‐53,72

80

‐67,76

5‐204

,110

639,78

279

7,54

4NA

OSTRA

NDER

54,764

00

54,764

12,880

0‐5,378

7,50

2‐5,378

‐5,378

62,266

52,825

NA

OTSEG

O0

00

023

7,31

9‐182

,468

‐54,85

10

‐54,85

1‐237

,319

00

‐182

,468

OTTER

TAIL

00

00

10,653

‐10,65

30

00

‐10,65

30

0‐10,65

3OWATO

NNA

4,20

0,57

3‐1,047

,449

03,15

3,12

466

1,55

70

‐467

,721

193,83

6‐467

,721

‐1,515

,170

3,34

6,96

04,01

7,17

8NA

PALISA

DE

15,029

00

15,029

9,88

20

‐2,142

7,74

0‐2,142

‐2,142

22,769

14,295

NA

PARK

 RAPIDS

486,66

7‐172

,541

031

4,12

611

6,76

40

‐84,68

232

,082

‐84,68

2‐257

,223

346,20

845

1,72

7NA

PARK

ERS PR

AIRIE

279,65

4‐53,98

30

225,67

144

,564

0‐24,56

220

,002

‐24,56

2‐78,54

524

5,67

326

9,45

4NA

PAYN

ESVILLE

779,24

1‐99,64

80

679,59

359

,633

0‐44,18

115

,452

‐44,18

1‐143

,829

695,04

575

7,84

2NA

PEASE

15,421

00

15,421

4,35

90

‐1,901

2,45

8‐1,901

‐1,901

17,879

17,619

NA

PELICA

N RAPIDS

1,03

6,50

9‐127

,895

090

8,61

481

,427

0‐63,04

518

,382

‐63,04

5‐190

,940

926,99

61,10

6,60

3NA

PEMBE

RTON

25,203

00

25,203

15,415

0‐5,588

9,82

7‐5,588

‐5,588

35,030

25,685

NA

PENNOCK

113,60

70

011

3,60

716

,130

0‐8,060

8,07

0‐8,060

‐8,060

121,67

710

9,03

1NA

PEQUOT LA

KES

81,517

‐81,51

70

071

,109

‐28,15

3‐42,95

60

‐42,95

6‐152

,626

074

,995

‐28,15

3PE

RHAM

583,29

2‐124

,155

045

9,13

791

,617

0‐58,05

933

,558

‐58,05

9‐182

,214

492,69

555

5,79

2NA

PERLEY

22,100

00

22,100

4,85

80

‐1,495

3,36

3‐1,495

‐1,495

25,463

22,336

NA

PETERS

ON

47,355

00

47,355

14,058

0‐3,960

10,098

‐3,960

‐3,960

57,453

45,675

NA

PIER

Z41

3,87

1‐50,93

30

362,93

832

,589

0‐23,80

88,78

1‐23,80

8‐74,74

137

1,71

942

2,15

8NA

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

2010 Law Summaries Page 97

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

PILLAGER

124,54

30

012

4,54

320

,113

0‐11,55

18,56

2‐11,55

1‐11,55

113

3,10

512

5,14

8NA

PINE CITY

544,78

5‐118

,232

042

6,55

370

,690

0‐55,94

814

,742

‐55,94

8‐174

,180

441,29

554

0,42

6NA

PINE ISLA

ND

677,98

9‐179

,029

049

8,96

010

0,10

10

‐80,31

419

,787

‐80,31

4‐259

,343

518,74

764

4,35

9NA

PINE RIVE

R25

7,01

40

025

7,01

435

,395

0‐21,63

113

,764

‐21,63

1‐21,63

127

0,77

824

7,85

4NA

PINE SPRINGS

2,44

5‐2,445

00

457

‐340

‐117

0‐117

‐2,902

02,41

8‐340

PIPE

STONE

1,76

5,31

6‐229

,459

01,53

5,85

716

9,91

00

‐110

,966

58,944

‐110

,966

‐340

,425

1,59

4,80

11,72

1,96

6NA

PLAINVIEW

685,95

5‐141

,307

054

4,64

812

4,20

20

‐74,81

349

,389

‐74,81

3‐216

,120

594,03

769

0,19

0NA

PLATO

22,094

00

22,094

15,756

0‐6,454

9,30

2‐6,454

‐6,454

31,396

24,092

NA

PLUMMER

51,436

00

51,436

10,371

0‐5,943

4,42

8‐5,943

‐5,943

55,864

49,128

NA

PLYM

OUTH

00

00

552,10

1‐552

,101

00

0‐552

,101

00

‐552

,101

PORT

ER36

,845

00

36,845

5,06

30

‐2,649

2,41

4‐2,649

‐2,649

39,259

35,295

NA

PRESTO

N56

1,43

0‐76,45

00

484,98

071

,313

0‐38,69

632

,617

‐38,69

6‐115

,146

517,59

754

7,61

0NA

PRINCE

TON

756,73

2‐220

,800

053

5,93

212

4,20

90

‐100

,807

23,402

‐100

,807

‐321

,607

559,33

472

1,73

6NA

PRINSB

URG

80,199

00

80,199

26,855

0‐10,46

116

,394

‐10,46

1‐10,46

196

,593

75,659

NA

PRIOR LA

KE0

00

026

6,84

7‐227

,546

‐39,30

10

‐39,30

1‐266

,847

00

‐227

,546

PROCT

OR

1,09

9,50

5‐144

,279

095

5,22

677

,271

0‐70,14

87,12

3‐70,14

8‐214

,427

962,34

91,07

0,96

5NA

QUAMBA

15,768

00

15,768

4,15

70

‐1,484

2,67

3‐1,484

‐1,484

18,441

15,487

NA

RACINE

62,590

00

62,590

14,403

0‐7,461

6,94

2‐7,461

‐7,461

69,532

61,097

NA

RAMSEY

00

00

464,27

9‐441

,620

‐22,65

90

‐22,65

9‐464

,279

00

‐441

,620

RANDALL

124,27

50

012

4,27

521

,962

0‐8,547

13,415

‐8,547

‐8,547

137,69

012

7,55

4NA

RANDOLPH

11,015

00

11,015

6,71

80

‐2,818

3,90

0‐2,818

‐2,818

14,915

16,289

NA

RANIER

22,931

00

22,931

5,35

90

‐1,844

3,51

5‐1,844

‐1,844

26,446

21,685

NA

RAYM

OND

211,72

60

021

1,72

625

,414

0‐13,26

312

,151

‐13,26

3‐13,26

322

3,87

720

3,92

6NA

RED LAKE

 FALLS

630,94

6‐84,74

20

546,20

453

,586

0‐38,69

414

,892

‐38,69

4‐123

,436

561,09

661

5,08

6NA

RED W

ING

1,51

8,17

6‐898

,590

061

9,58

648

0,81

00

‐456

,400

24,410

‐456

,400

‐1,354

,990

643,99

61,74

1,99

9NA

REDWOOD FALLS

1,33

1,40

0‐256

,130

01,07

5,27

018

6,05

90

‐115

,282

70,777

‐115

,282

‐371

,412

1,14

6,04

71,29

7,44

7NA

REGAL

2,13

50

02,13

51,14

40

‐313

831

‐313

‐313

2,96

62,11

5NA

REMER

59,370

00

59,370

19,693

0‐8,379

11,314

‐8,379

‐8,379

70,684

56,256

NA

RENVILLE

478,23

5‐69,63

00

408,60

558

,628

0‐35,11

223

,516

‐35,11

2‐104

,742

432,12

146

8,30

2NA

REVE

RE21

,900

00

21,900

2,05

20

‐1,694

358

‐1,694

‐1,694

22,258

20,990

NA

RICE

173,18

6‐38,32

10

134,86

525

,834

0‐18,31

37,52

1‐18,31

3‐56,63

414

2,38

619

4,50

7NA

RICH

FIELD

2,51

3,60

9‐1,295

,263

01,21

8,34

674

8,48

70

‐610

,364

138,12

3‐610

,364

‐1,905

,627

1,35

6,46

92,21

3,60

9NA

RICH

MOND

304,08

3‐67,80

00

236,28

351

,008

0‐31,07

019

,938

‐31,07

0‐98,87

025

6,22

129

2,90

4NA

RICH

VILLE

14,356

00

14,356

3,51

30

‐1,141

2,37

2‐1,141

‐1,141

16,728

14,049

NA

RIVE

RTON

6,06

40

06,06

45,87

90

‐1,876

4,00

3‐1,876

‐1,876

10,067

5,56

2NA

ROBB

INSD

ALE

1,67

5,83

7‐504

,988

01,17

0,84

931

5,44

10

‐244

,439

71,002

‐244

,439

‐749

,427

1,24

1,85

11,78

3,03

2NA

ROCH

ESTER

8,95

9,15

5‐3,857

,584

05,10

1,57

12,24

2,91

70

‐1,825

,158

417,75

9‐1,825

,158

‐5,682

,742

5,51

9,33

08,65

9,15

5NA

ROCK

 CRE

EK13

8,89

8‐26,69

20

112,20

626

,839

0‐12,06

614

,773

‐12,06

6‐38,75

812

6,97

913

4,40

5NA

ROCK

FORD

327,44

7‐124

,824

020

2,62

364

,358

0‐57,74

46,61

4‐57,74

4‐182

,568

209,23

733

1,93

7NA

ROCK

VILLE

11,497

‐11,49

70

046

,714

‐46,71

40

00

‐58,21

10

0‐46,71

4RO

GER

S0

00

086

,337

‐86,33

70

00

‐86,33

70

0‐86,33

7RO

LLINGSTONE

138,24

40

013

8,24

419

,423

0‐9,643

9,78

0‐9,643

‐9,643

148,02

413

5,31

0NA

ROOSEVE

LT18

,647

00

18,647

2,18

00

‐1,119

1,06

1‐1,119

‐1,119

19,708

20,047

NA

ROSC

OE

22,486

00

22,486

3,43

90

‐1,388

2,05

1‐1,388

‐1,388

24,537

21,702

NA

ROSE CRE

EK74

,909

00

74,909

16,929

0‐6,511

10,418

‐6,511

‐6,511

85,327

71,101

NA

ROSEAU

700,71

4‐131

,638

056

9,07

669

,368

0‐60,00

19,36

7‐60,00

1‐191

,639

578,44

367

2,16

4NA

ROSEMOUNT

00

00

429,50

7‐412

,564

‐16,94

30

‐16,94

3‐429

,507

00

‐412

,564

ROSEVILLE

00

00

468,22

5‐461

,500

‐6,725

0‐6,725

‐468

,225

00

‐461

,500

ROTH

SAY

121,90

10

012

1,90

120

,422

0‐8,677

11,745

‐8,677

‐8,677

133,64

611

6,91

6NA

ROUND LAKE

123,42

60

012

3,42

613

,564

0‐7,032

6,53

2‐7,032

‐7,032

129,95

811

9,60

5NA

ROYA

LTON

193,04

60

019

3,04

622

,310

0‐14,02

98,28

1‐14,02

9‐14,02

920

1,32

718

7,26

7NA

RUSH

 CITY

712,61

7‐80,98

8‐9,088

622,54

129

,455

0‐29,45

50

‐38,54

3‐119

,531

622,54

172

6,40

2NA

RUSH

FORD

656,13

0‐97,11

20

559,01

883

,575

0‐47,61

635

,959

‐47,61

6‐144

,728

594,97

764

6,36

6NA

RUSH

FORD

 VILLA

GE

70,602

‐26,65

80

43,944

36,083

0‐14,04

422

,039

‐14,04

4‐40,70

265

,983

67,455

NA

RUSH

MORE

104,92

90

010

4,92

915

,048

0‐7,263

7,78

5‐7,263

‐7,263

112,71

410

1,31

9NA

RUSSELL

84,607

00

84,607

17,496

0‐5,822

11,674

‐5,822

‐5,822

96,281

81,277

NA

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

Page 98 League of Minnesota Cities

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

RUTH

TON

80,121

00

80,121

10,780

0‐5,680

5,10

0‐5,680

‐5,680

85,221

81,307

NA

RUTLED

GE

3,28

90

03,28

95,16

00

‐1,568

3,59

2‐1,568

‐1,568

6,88

13,25

7NA

SABIN

76,658

00

76,658

15,066

0‐6,584

8,48

2‐6,584

‐6,584

85,140

73,496

NA

SACR

ED HEA

RT19

7,80

10

019

7,80

123

,516

0‐14,02

89,48

8‐14,02

8‐14,02

820

7,28

919

2,79

1NA

SAINT ANTH

ONY

00

00

154,68

6‐154

,686

00

0‐154

,686

00

‐154

,686

SAINT BO

NIFACIUS

375,24

9‐80,91

60

294,33

340

,679

0‐38,01

92,66

0‐38,01

9‐118

,935

296,99

339

3,83

2NA

SAINT LO

UIS PARK

00

00

682,92

2‐655

,095

‐27,82

70

‐27,82

7‐682

,922

00

‐655

,095

SANBO

RN12

5,63

00

012

5,63

012

,514

0‐6,950

5,56

4‐6,950

‐6,950

131,19

412

1,65

0NA

SANDSTONE

945,04

7‐104

,456

‐14,92

982

5,66

233

,532

0‐33,53

20

‐48,46

1‐152

,917

825,66

297

6,95

2NA

SARG

EANT

12,366

00

12,366

2,67

50

‐1,110

1,56

5‐1,110

‐1,110

13,931

12,070

NA

SART

ELL

373,32

9‐369

,775

03,55

420

5,03

80

‐168

,010

37,028

‐168

,010

‐537

,785

40,582

297,93

7NA

SAUK CE

NTR

E1,17

0,49

6‐204

,492

096

6,00

413

4,91

00

‐91,70

543

,205

‐91,70

5‐296

,197

1,00

9,20

91,12

8,28

6NA

SAUK RA

PIDS

2,01

6,17

6‐436

,470

01,57

9,70

622

9,22

70

‐196

,553

32,674

‐196

,553

‐633

,023

1,61

2,38

01,98

6,77

4NA

SAVA

GE

00

00

496,74

9‐430

,772

‐65,97

70

‐65,97

7‐496

,749

00

‐430

,772

SCANDIA

00

00

60,069

‐60,06

90

00

‐60,06

90

0‐60,06

9SC

ANLO

N18

3,73

30

018

3,73

321

,606

0‐14,84

46,76

2‐14,84

4‐14,84

419

0,49

517

5,09

3NA

SEAFO

RTH

17,052

00

17,052

1,68

10

‐928

753

‐928

‐928

17,805

16,402

NA

SEBE

KA17

6,27

00

017

6,27

024

,493

0‐12,90

111

,592

‐12,90

1‐12,90

118

7,86

216

9,55

0NA

SEDAN

7,24

30

07,24

32,03

80

‐746

1,29

2‐746

‐746

8,53

57,02

5NA

SHAFER

139,50

90

013

9,50

927

,125

0‐16,52

310

,602

‐16,52

3‐16,52

315

0,11

113

8,85

7NA

SHAKO

PEE

00

00

542,51

3‐542

,513

00

0‐542

,513

00

‐542

,513

SHELLY

67,648

00

67,648

5,63

30

‐3,046

2,58

7‐3,046

‐3,046

70,235

65,258

NA

SHER

BURN

347,24

1‐55,88

00

291,36

159

,463

0‐28,02

831

,435

‐28,02

8‐83,90

832

2,79

634

0,54

8NA

SHEV

LIN

24,267

00

24,267

4,66

60

‐1,727

2,93

9‐1,727

‐1,727

27,206

24,202

NA

SHORE

VIEW

00

00

334,18

6‐317

,648

‐16,53

80

‐16,53

8‐334

,186

00

‐317

,648

SHORE

WOOD

00

00

15,542

‐15,53

4‐8

0‐8

‐15,54

20

0‐15,53

4SILV

ER BAY

559,63

5‐109

,615

045

0,02

011

0,79

50

‐55,44

055

,355

‐55,44

0‐165

,055

505,37

553

9,83

5NA

SILV

ER LAKE

172,92

00

017

2,92

046

,142

0‐22,09

424

,048

‐22,09

4‐22,09

419

6,96

816

8,31

0NA

SKYLINE

4,53

30

04,53

35,86

70

‐1,698

4,16

9‐1,698

‐1,698

8,70

24,34

4NA

SLAYTON

874,47

1‐111

,815

076

2,65

610

3,96

00

‐52,94

551

,015

‐52,94

5‐164

,760

813,67

185

4,28

1NA

SLEEPY

 EYE

1,45

7,07

7‐182

,886

01,27

4,19

115

7,05

00

‐88,89

768

,153

‐88,89

7‐271

,783

1,34

2,34

41,44

4,47

1NA

SOBIESKI

11,997

00

11,997

9,23

10

‐1,841

7,39

0‐1,841

‐1,841

19,387

14,677

NA

SOLW

AY

5,34

60

05,34

62,43

50

‐663

1,77

2‐663

‐663

7,11

84,97

5NA

SOUTH

 HAVE

N32

,626

00

32,626

11,084

0‐4,499

6,58

5‐4,499

‐4,499

39,211

34,110

NA

SOUTH

 ST PA

UL

2,37

8,66

5‐714

,945

01,66

3,72

054

3,92

30

‐337

,153

206,77

0‐337

,153

‐1,052

,098

1,87

0,49

02,22

1,63

1NA

SPICER

111,13

4‐63,58

0‐2,889

44,665

28,977

0‐28,97

70

‐31,86

6‐95,44

644

,665

101,25

9NA

SPRING GRO

VE43

5,38

2‐67,56

00

367,82

268

,462

0‐30,54

737

,915

‐30,54

7‐98,10

740

5,73

742

2,58

2NA

SPRING HILL

2,34

90

02,34

92,75

70

‐531

2,22

6‐531

‐531

4,57

52,10

0NA

SPRING LAKE

 PARK

146,60

4‐146

,604

00

171,49

3‐112

,156

‐59,33

70

‐59,33

7‐318

,097

041

6,48

9‐112

,156

SPRING PARK

76,840

‐76,84

00

04,57

4‐4,235

‐339

0‐339

‐81,41

40

72,868

‐4,235

SPRING VALLEY

934,48

4‐136

,782

079

7,70

211

6,58

00

‐62,22

554

,355

‐62,22

5‐199

,007

852,05

792

0,47

7NA

SPRINGFIELD

997,68

0‐122

,650

087

5,03

097

,573

0‐61,64

235

,931

‐61,64

2‐184

,292

910,96

197

5,58

0NA

SQUAW LAKE

9,63

20

09,63

21,12

30

‐957

166

‐957

‐957

9,79

89,16

0NA

ST ANTH

ONY

7,16

60

07,16

652

90

‐315

214

‐315

‐315

7,38

07,36

9NA

ST AUGUSTA

52,508

‐52,50

80

061

,116

‐13,55

6‐30,69

116

,869

‐30,69

1‐96,75

516

,869

20,338

‐13,55

6ST CHARLES

875,91

3‐118

,574

075

7,33

980

,086

0‐57,32

922

,757

‐57,32

9‐175

,903

780,09

684

0,13

3NA

ST CLA

IR18

5,05

10

018

5,05

127

,642

0‐13,42

514

,217

‐13,42

5‐13,42

519

9,26

818

2,37

6NA

ST CLO

UD

12,802

,204

‐2,687

,906

‐4,973

10,109

,325

1,22

5,31

30

‐1,225

,313

0‐1,230

,286

‐3,918

,192

10,109

,325

12,726

,090

NA

ST FRA

NCIS

313,88

9‐232

,960

080

,929

158,44

60

‐109

,274

49,172

‐109

,274

‐342

,234

130,10

132

0,27

3NA

ST HILAIRE

68,128

00

68,128

4,49

20

‐3,558

934

‐3,558

‐3,558

69,062

67,897

NA

ST JA

MES

1,51

3,06

5‐177

,008

01,33

6,05

712

7,96

60

‐81,33

346

,633

‐81,33

3‐258

,341

1,38

2,69

01,47

9,14

9NA

ST JO

SEPH

849,51

8‐204

,367

064

5,15

113

2,72

80

‐91,31

241

,416

‐91,31

2‐295

,679

686,56

71,03

0,88

4NA

ST LEO

17,560

00

17,560

3,03

50

‐1,031

2,00

4‐1,031

‐1,031

19,564

16,916

NA

ST M

ART

IN43

,998

00

43,998

11,464

0‐5,358

6,10

6‐5,358

‐5,358

50,104

42,909

NA

ST M

ARY

'S POINT

2,52

0‐2,520

00

4,02

0‐3,612

‐408

0‐408

‐6,540

02,52

0‐3,612

ST M

ICHAEL

00

00

207,18

1‐189

,149

‐18,03

20

‐18,03

2‐207

,181

00

‐189

,149

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

2010 Law Summaries Page 99

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

ST PAUL

64,079

,116

‐11,60

7,44

2‐1,960

,904

50,510

,770

3,48

0,04

30

‐3,480

,043

0‐5,440

,947

‐17,04

8,38

950

,510

,770

62,378

,193

NA

ST PAUL PA

RK27

6,17

1‐132

,864

014

3,30

711

6,42

50

‐60,74

055

,685

‐60,74

0‐193

,604

198,99

227

3,98

5NA

ST PETER

2,97

1,09

6‐354

,970

02,61

6,12

619

1,81

50

‐171

,141

20,674

‐171

,141

‐526

,111

2,63

6,80

02,92

1,85

2NA

ST ROSA

961

‐961

00

1,79

0‐423

‐616

751

‐616

‐2,000

751

812

‐423

ST STEPH

EN10

9,63

70

010

9,63

722

,110

0‐11,49

310

,617

‐11,49

3‐11,49

312

0,25

410

5,81

8NA

ST VINCE

NT

21,076

00

21,076

1,98

50

‐1,063

922

‐1,063

‐1,063

21,998

21,327

NA

STACY

285,12

9‐54,03

0‐3,783

227,31

620

,133

0‐20,13

30

‐23,91

6‐77,94

622

7,31

629

6,57

6NA

STAPLES

1,09

1,89

9‐134

,326

095

7,57

384

,372

0‐62,18

222

,190

‐62,18

2‐196

,508

979,76

31,06

0,58

9NA

STARB

UCK

389,97

4‐73,86

50

316,10

966

,879

0‐37,43

629

,443

‐37,43

6‐111

,301

345,55

237

6,60

4NA

STEEN

33,495

00

33,495

5,93

70

‐1,886

4,05

1‐1,886

‐1,886

37,546

34,899

NA

STEP

HEN

196,01

20

019

6,01

223

,433

0‐11,16

412

,269

‐11,16

4‐11,16

420

8,28

119

2,93

0NA

STEW

ART

135,48

80

013

5,48

833

,974

0‐14,92

419

,050

‐14,92

4‐14,92

415

4,53

813

1,72

9NA

STEW

ART

VILLE

794,50

4‐195

,197

059

9,30

713

7,36

10

‐93,46

743

,894

‐93,46

7‐288

,664

643,20

178

9,83

0NA

STILLW

ATER

1,01

2,57

4‐829

,277

‐7,519

175,77

837

3,84

70

‐373

,847

0‐381

,366

‐1,210

,643

175,77

81,16

9,37

1NA

STOCK

TON

154,89

30

015

4,89

313

,580

0‐8,847

4,73

3‐8,847

‐8,847

159,62

615

6,13

8NA

STORD

EN71

,222

00

71,222

11,962

0‐6,214

5,74

8‐6,214

‐6,214

76,970

68,812

NA

STRA

NDQUIST

18,604

00

18,604

1,19

60

‐844

352

‐844

‐844

18,956

17,869

NA

STRA

THCO

NA

3,80

00

03,80

055

00

‐216

334

‐216

‐216

4,13

43,61

5NA

STURG

EON LAKE

26,554

00

26,554

19,557

0‐9,210

10,347

‐9,210

‐9,210

36,901

25,896

NA

SUNBU

RG26

,054

00

26,054

3,78

90

‐2,173

1,61

6‐2,173

‐2,173

27,670

25,134

NA

SUNFISH

 LAKE

00

00

330

‐151

‐179

0‐179

‐330

00

‐151

SWANVILLE

87,133

00

87,133

9,07

80

‐5,511

3,56

7‐5,511

‐5,511

90,700

85,670

NA

TACO

NITE

96,064

00

96,064

12,364

0‐8,247

4,11

7‐8,247

‐8,247

100,18

192

,714

NA

TAMARA

CK2,78

90

02,78

93,85

70

‐880

2,97

7‐880

‐880

5,76

62,54

1NA

TAOPI

9,09

70

09,09

71,44

20

‐500

942

‐500

‐500

10,039

9,64

7NA

TAUNTO

N44

,064

00

44,064

5,45

00

‐2,712

2,73

8‐2,712

‐2,712

46,802

43,070

NA

TAYLORS

 FALLS

202,16

4‐57,86

00

144,30

439

,958

0‐27,93

312

,025

‐27,93

3‐85,79

315

6,32

919

8,02

9NA

TENNEY

1,09

0‐220

‐96

774

160

‐16

0‐112

‐332

774

954

NA

TENSTRIKE

3,02

70

03,02

72,55

30

‐1,030

1,52

3‐1,030

‐1,030

4,55

02,96

0NA

THIEF RIVE

R FA

LLS

2,74

5,09

6‐326

,190

02,41

8,90

614

8,87

40

‐148

,377

497

‐148

,377

‐474

,567

2,41

9,40

32,66

0,26

6NA

THOMSO

N9,84

00

09,84

06,18

10

‐3,312

2,86

9‐3,312

‐3,312

12,709

9,02

2NA

TINTA

H12

,428

00

12,428

1,21

50

‐897

318

‐897

‐897

12,746

11,846

NA

TONKA

 BAY

9,33

0‐9,330

00

1,11

9‐1,119

00

0‐10,44

90

9,24

0‐1,119

TOWER

85,136

00

85,136

19,361

0‐13,94

45,41

7‐13,94

4‐13,94

490

,553

80,156

NA

TRACY

977,58

5‐118

,415

085

9,17

010

0,99

40

‐59,52

841

,466

‐59,52

8‐177

,943

900,63

695

6,32

5NA

TRAIL

2,53

10

02,53

160

10

‐361

240

‐361

‐361

2,77

12,35

0NA

TRIM

ONT

224,97

80

022

4,97

834

,419

0‐16,16

918

,250

‐16,16

9‐16,16

924

3,22

821

8,14

8NA

TROMMALD

7,51

10

07,51

13,20

70

‐1,291

1,91

6‐1,291

‐1,291

9,42

76,96

8NA

TROSK

Y19

,317

00

19,317

3,69

00

‐1,348

2,34

2‐1,348

‐1,348

21,659

18,940

NA

TRUMAN

442,94

3‐50,19

50

392,74

844

,107

0‐23,27

720

,830

‐23,27

7‐73,47

241

3,57

843

8,95

0NA

TURT

LE RIVER

00

00

1,66

70

‐634

1,03

3‐634

‐634

1,03

30

NA

TWIN LAKE

S27

,631

00

27,631

2,51

30

‐1,521

992

‐1,521

‐1,521

28,623

26,141

NA

TWIN VALLEY

277,13

10

027

7,13

125

,154

0‐15,36

89,78

6‐15,36

8‐15,36

828

6,91

726

9,23

1NA

TWO HARB

ORS

1,30

7,79

5‐199

,967

01,10

7,82

813

8,59

70

‐93,50

145

,096

‐93,50

1‐293

,468

1,15

2,92

41,27

1,78

5NA

TYLER

436,17

3‐48,51

90

387,65

446

,100

0‐22,92

323

,177

‐22,92

3‐71,44

241

0,83

142

4,26

3NA

ULEN

143,55

70

014

3,55

77,58

10

‐7,385

196

‐7,385

‐7,385

143,75

313

8,18

7NA

UNDER

WOOD

74,152

00

74,152

11,015

0‐5,207

5,80

8‐5,207

‐5,207

79,960

70,902

NA

UPSALA

65,078

00

65,078

13,474

0‐7,469

6,00

5‐7,469

‐7,469

71,083

63,938

NA

URB

ANK

6,78

20

06,78

21,11

90

‐347

772

‐347

‐347

7,55

46,73

0NA

UTICA

32,016

00

32,016

7,25

70

‐2,795

4,46

2‐2,795

‐2,795

36,478

30,803

NA

VADNAIS HEIGHTS

00

00

142,99

0‐130

,627

‐12,36

30

‐12,36

3‐142

,990

00

‐130

,627

VERG

AS

31,426

00

31,426

13,884

0‐5,300

8,58

4‐5,300

‐5,300

40,010

30,206

NA

VERM

ILLION

5,95

20

05,95

212

,716

0‐5,984

6,73

2‐5,984

‐5,984

12,684

5,64

9NA

VERN

DALE

134,60

20

013

4,60

214

,635

0‐8,543

6,09

2‐8,543

‐8,543

140,69

413

0,14

2NA

VERN

ON CEN

TER

66,262

00

66,262

18,143

0‐8,876

9,26

7‐8,876

‐8,876

75,529

65,896

NA

VESTA

85,466

00

85,466

13,387

0‐6,705

6,68

2‐6,705

‐6,705

92,148

82,326

NA

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

Page 100 League of Minnesota Cities

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

VICT

ORIA

00

00

54,496

‐50,19

9‐4,297

0‐4,297

‐54,49

60

0‐50,19

9VIKING

19,382

00

19,382

2,84

20

‐1,179

1,66

3‐1,179

‐1,179

21,045

18,592

NA

VILLARD

38,810

00

38,810

11,026

0‐3,858

7,16

8‐3,858

‐3,858

45,978

36,628

NA

VINING

9,59

20

09,59

22,79

70

‐756

2,04

1‐756

‐756

11,633

9,04

2NA

VIRG

INIA

4,54

3,16

5‐480

,260

04,06

2,90

531

6,81

70

‐243

,796

73,021

‐243

,796

‐724

,056

4,13

5,92

64,45

6,09

5NA

WABA

SHA

707,58

3‐122

,832

058

4,75

166

,113

0‐56,19

79,91

6‐56,19

7‐179

,029

594,66

768

3,58

0NA

WABA

SSO

190,30

70

019

0,30

731

,210

0‐16,96

314

,247

‐16,96

3‐16,96

320

4,55

418

3,88

7NA

WACO

NIA

00

00

158,71

4‐157

,558

‐1,156

0‐1,156

‐158

,714

00

‐157

,558

WADEN

A1,34

9,21

7‐158

,142

01,19

1,07

585

,843

0‐73,35

512

,488

‐73,35

5‐231

,497

1,20

3,56

31,30

7,17

7NA

WAHKO

N11

,007

‐11,00

70

05,70

7‐4,013

‐1,694

0‐1,694

‐16,71

40

10,162

‐4,013

WAITE PA

RK22

8,59

0‐228

,590

00

147,49

1‐141

,505

‐5,986

0‐5,986

‐376

,081

016

1,28

0‐141

,505

WALD

ORF

43,831

00

43,831

9,77

20

‐3,679

6,09

3‐3,679

‐3,679

49,924

41,621

NA

WALKER

140,87

6‐61,87

50

79,001

38,315

0‐33,20

85,10

7‐33,20

8‐95,08

384

,108

132,35

5NA

WALN

UT GRO

VE23

2,26

30

023

2,26

322

,244

0‐14,54

77,69

7‐14,54

7‐14,54

723

9,96

022

5,41

3NA

WALTER

S19

,753

00

19,753

2,32

20

‐1,302

1,02

0‐1,302

‐1,302

20,773

18,983

NA

WALTHAM

34,889

00

34,889

5,62

40

‐2,036

3,58

8‐2,036

‐2,036

38,477

33,076

NA

WANAMINGO

231,82

1‐49,25

60

182,56

534

,296

0‐22,73

011

,566

‐22,73

0‐71,98

619

4,13

122

1,46

4NA

WANDA

22,955

00

22,955

3,27

90

‐1,965

1,31

4‐1,965

‐1,965

24,269

22,194

NA

WARB

A12

,957

00

12,957

4,74

30

‐1,848

2,89

5‐1,848

‐1,848

15,852

12,403

NA

WARR

EN63

0,46

7‐69,31

10

561,15

659

,715

0‐32,98

526

,730

‐32,98

5‐102

,296

587,88

666

3,62

3NA

WARR

OAD

839,65

3‐94,71

0‐12,56

073

2,38

335

,404

0‐35,40

40

‐47,96

4‐142

,674

732,38

380

9,96

3NA

WASECA

2,74

4,85

3‐471

,202

02,27

3,65

128

9,93

70

‐211

,953

77,984

‐211

,953

‐683

,155

2,35

1,63

52,67

7,81

6NA

WATERT

OWN

100,07

0‐100

,070

00

76,122

‐33,17

2‐42,95

00

‐42,95

0‐176

,192

095

,317

‐33,17

2WATERV

ILLE

538,41

8‐100

,134

043

8,28

477

,803

0‐45,19

032

,613

‐45,19

0‐145

,324

470,89

751

9,68

8NA

WATK

INS

252,58

40

025

2,58

439

,948

0‐25,22

114

,727

‐25,22

1‐25,22

126

7,31

125

1,01

2NA

WATSON

61,548

00

61,548

8,02

80

‐4,135

3,89

3‐4,135

‐4,135

65,441

59,458

NA

WAUBU

N93

,242

00

93,242

11,401

0‐6,609

4,79

2‐6,609

‐6,609

98,034

93,410

NA

WAVE

RLY

57,206

‐56,54

00

666

43,776

0‐30,43

613

,340

‐30,43

6‐86,97

614

,006

52,164

NA

WAYZATA

00

00

6,18

7‐6,187

00

0‐6,187

00

‐6,187

WELCO

ME

216,93

40

021

6,93

439

,322

0‐18,73

220

,590

‐18,73

2‐18,73

223

7,52

423

6,72

5NA

WELLS

1,01

2,41

3‐118

,530

089

3,88

310

4,99

30

‐56,97

748

,016

‐56,97

7‐175

,507

941,89

91,07

7,34

8NA

WEN

DELL

35,772

00

35,772

8,11

90

‐3,385

4,73

4‐3,385

‐3,385

40,506

34,022

NA

WEST CO

NCO

RD26

3,38

40

026

3,38

450

,843

0‐22,70

828

,135

‐22,70

8‐22,70

829

1,51

926

0,59

2NA

WEST ST PAUL

1,55

8,71

4‐784

,951

077

3,76

349

8,36

60

‐371

,143

127,22

3‐371

,143

‐1,156

,094

900,98

61,49

1,75

8NA

WEST UNION

5,71

30

05,71

31,19

10

‐393

798

‐393

‐393

6,51

16,03

4NA

WESTB

ROOK

236,77

80

023

6,77

834

,338

0‐14,22

720

,111

‐14,22

7‐14,22

725

6,88

923

0,04

8NA

WESTP

ORT

5,89

80

05,89

895

20

‐364

588

‐364

‐364

6,48

66,37

1NA

WHALA

N8,55

10

08,55

13,24

40

‐1,043

2,20

1‐1,043

‐1,043

10,752

8,00

1NA

WHEA

TON

645,40

9‐82,50

00

562,90

962

,213

0‐41,72

020

,493

‐41,72

0‐124

,220

583,40

263

0,50

9NA

WHITE BE

AR LA

KE2,04

1,46

2‐503

,867

01,53

7,59

523

2,27

40

‐229

,979

2,29

5‐229

,979

‐733

,846

1,53

9,89

02,30

4,16

2NA

WILDER

16,726

00

16,726

2,49

40

‐1,429

1,06

5‐1,429

‐1,429

17,791

16,106

NA

WILLERN

IE77

,984

00

77,984

13,890

0‐8,811

5,07

9‐8,811

‐8,811

83,063

75,922

NA

WILLIAMS

41,672

00

41,672

5,33

20

‐3,500

1,83

2‐3,500

‐3,500

43,504

42,160

NA

WILLM

AR

4,67

3,57

5‐620

,785

04,05

2,79

031

1,76

30

‐286

,032

25,731

‐286

,032

‐906

,817

4,07

8,52

14,48

2,27

5NA

WILLO

W RIVER

47,419

00

47,419

8,95

90

‐4,540

4,41

9‐4,540

‐4,540

51,838

45,572

NA

WILMONT

89,437

00

89,437

12,310

0‐6,027

6,28

3‐6,027

‐6,027

95,720

86,327

NA

WILTO

N7,67

00

07,67

01,49

90

‐568

931

‐568

‐568

8,60

18,56

0NA

WINDOM

1,42

1,54

8‐218

,631

01,20

2,91

718

9,40

90

‐102

,370

87,039

‐102

,370

‐321

,001

1,28

9,95

61,47

5,62

6NA

WINGER

34,739

00

34,739

4,70

40

‐3,131

1,57

3‐3,131

‐3,131

36,312

33,020

NA

WINNEB

AGO

578,41

6‐75,10

60

503,31

060

,246

0‐35,37

524

,871

‐35,37

5‐110

,481

528,18

156

4,53

6NA

WINONA

10,430

,544

‐1,225

,750

‐39,65

79,16

5,13

752

9,50

20

‐529

,502

0‐569

,159

‐1,794

,909

9,16

5,13

710

,171

,841

NA

WINSTED

674,62

3‐126

,775

054

7,84

873

,217

0‐60,46

812

,749

‐60,46

8‐187

,243

560,59

766

5,76

0NA

WINTH

ROP

466,73

7‐73,15

00

393,58

757

,273

0‐34,21

823

,055

‐34,21

8‐107

,368

416,64

245

3,58

7NA

WINTO

N25

,527

00

25,527

6,48

30

‐2,658

3,82

5‐2,658

‐2,658

29,352

23,847

NA

WOLF LAKE

8,07

80

08,07

81,79

80

‐706

1,09

2‐706

‐706

9,17

08,04

2NA

WOLV

ERTO

N25

,568

00

25,568

4,81

20

‐2,018

2,79

4‐2,018

‐2,018

28,362

24,318

NA

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

2010 Law Summaries Page 101

City

Origina

l 201

0 certified

 LGA 

2010

 LGA 

unallotm

ent 

(ratified

) cut

2010

 LGA 

supp

lemen

tal 

cut

2010

 LGA 

post una

llot 

& sup

p cuts 

(end

 of 

session)

2010

 Estimated

 MVHC as of 

3/28

2010

 MVHC 

unallotm

ent 

(ratified

) cut 

(3.28 est)

2010

 MVHC 

supp

lemen

tal 

cut (3.28

 est)

Estimated

 201

0 MVHC  post 

unallot &

 sup

p cuts (e

nd of 

session)

Total  2

010 

LGA/M

VHC 

supp

lemen

tal 

cuts

Estimated

 total 2

010 

LGA/M

VHC 

supp

 & una

llot 

cuts

Estimated

 total 

2010

 LGA/ 

MVHC received

 po

st cuts (end

 of 

session)

Estimated

 20

11 LGA 

Estimated

 20

11 M

VHC 

cuts 

LOCA

L GOVE

RNMEN

T AID (LGA)

MARK

ET VALU

E HOMESTEAD CRE

DIT (M

VHC)

TOTA

L IM

PACT

‐201

0TO

TAL IM

PACT

‐201

1

WOOD LAKE

111,78

50

011

1,78

515

,176

0‐7,933

7,24

3‐7,933

‐7,933

119,02

810

8,03

5NA

WOODBU

RY0

00

080

3,05

5‐695

,555

‐107

,500

0‐107

,500

‐803

,055

00

‐695

,555

WOODLA

ND

3,16

8‐3,168

00

00

00

0‐3,168

03,16

8NA

WOODSTOCK

33,462

00

33,462

4,02

80

‐2,052

1,97

6‐2,052

‐2,052

35,438

32,442

NA

WORT

HINGTO

N3,14

3,99

8‐438

,891

02,70

5,10

726

3,51

50

‐199

,407

64,108

‐199

,407

‐638

,298

2,76

9,21

53,03

0,07

8NA

WRE

NSH

ALL

45,598

00

45,598

9,14

90

‐5,174

3,97

5‐5,174

‐5,174

49,573

42,399

NA

WRIGHT

8,38

20

08,38

22,71

30

‐1,120

1,59

3‐1,120

‐1,120

9,97

57,93

8NA

WYK

OFF

122,29

50

012

2,29

521

,515

0‐9,131

12,384

‐9,131

‐9,131

134,67

911

8,21

5NA

WYO

MING

00

00

131,25

4‐87,72

1‐43,53

30

‐43,53

3‐131

,254

032

3,67

9‐87,72

1ZEMPLE

802

00

802

1,26

90

‐440

829

‐440

‐440

1,63

174

2NA

ZIMMER

MAN

349,01

1‐113

,169

023

5,84

285

,925

0‐51,74

134

,184

‐51,74

1‐164

,910

270,02

632

6,52

9NA

ZUMBR

O FALLS

36,092

00

36,092

6,39

20

‐3,044

3,34

8‐3,044

‐3,044

39,440

34,559

NA

ZUMBR

OTA

565,02

5‐138

,050

042

6,97

598

,595

0‐63,25

035

,345

‐63,25

0‐201

,300

462,32

054

4,45

7NA

Totals

536,67

1,45

7‐102

,383

,988

‐7,751

,950

426,53

5,51

981

,835

,790

‐25,46

1,52

2‐44,74

7,80

811

,626

,460

‐52,49

9,75

8‐180

,345

,268

438,16

1,97

952

7,10

0,64

6‐25,46

1,52

2

Prep

ared

 by LM

C with

 data from

 Dep

t. of R

even

ue and

 Hou

se Resea

rch 

2010 Law Summaries Page 105

League of Minnesota Cities Intergovernmental Relations Department

Gary Carlson, Intergovernmental Relations Director (651) 281-1255 [email protected] • Aid to cities • Pensions and post-retirement benefits • Civil liability • Property tax system • Insurance • Public finance

Anne Finn, Assistant Intergovernmental Relations Director (651) 281-1263 [email protected] • Emergency management • Public safety • Pensions • Transportation • Personnel

Ann Higgins, Intergovernmental Relations Representative (651) 281-1257 [email protected] • Cable franchising • Telecommunications • Elections and redistricting • Underground locating • Housing • Utility service districts • Information policy • Water/wastewater billing • Right-of-way management

Craig Johnson, Intergovernmental Relations Representative (651) 281-1259 [email protected] • Energy • Local/tribal relations • Environment • State bonding • Land use and annexation • Wastewater Infrastructure Fund

Hue Nguyen, Intergovernmental Relations Representative(651) 281-1260 [email protected] • Building codes • Sustainable development • General revenue sources • Transportation for cities • Housing

Jennifer O’Rourke, Intergovernmental Relations Representative(651) 281-1261 [email protected] • Aid to cities • Liquor and tobacco • Economic development • Property tax system and redevelopment • Public finance • General government • Tax increment financing • General revenue sources for cities

Lynn Peterson, Intergovernmental Relations Assistant(651) 281-1254 [email protected] • Legislative listserv manager • Policy Committees

Brian Strub, Member Outreach Manager(651) 281-1256 [email protected] • Member liason • Policy development process • National League of Cities (NLC) legislative issues

League of Minnesota Cities145 University Avenue WestSt. Paul, MN 55103-2044

TEL: (651) 281-1200 (800) 925-1122TDD: (651) 281-1290FAX: (651) 281-1299WEB: www.lmc.org