Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2880 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to taxation; public financing; modifying local government debt financing;​
33 1.3 amending Minnesota Statutes 2024, sections 373.40, subdivision 2; 446A.086,​
44 1.4 subdivisions 1, 2; 462C.04, subdivision 2; 469.104; 469.154, subdivision 4;​
55 1.5 474A.091, subdivisions 2, 2a; 475.521, subdivision 2; 641.23.​
66 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
77 1.7 Section 1. Minnesota Statutes 2024, section 373.40, subdivision 2, is amended to read:​
88 1.8 Subd. 2.Application of election requirement.(a) Bonds issued by a county to finance​
99 1.9capital improvements under an approved capital improvement plan are not subject to the​
1010 1.10election requirements of section 375.18 or 475.58. The bonds must be approved by vote of​
1111 1.11at least three-fifths of the members of the county board. In the case of a metropolitan county,​
1212 1.12the bonds must be approved by vote of at least two-thirds of the members of the county​
1313 1.13board.​
1414 1.14 (b) Before issuance of bonds qualifying under this section, the county must publish a​
1515 1.15notice of its intention to issue the bonds and the date and time of a hearing to obtain public​
1616 1.16comment on the matter. The notice must be published in the official newspaper of the county​
1717 1.17or in a newspaper of general circulation in the county. The notice must be published at least​
1818 1.1814 ten, but not more than 28, days before the date of the hearing.​
1919 1.19 (c) A county may issue the bonds only upon obtaining the approval of a majority of the​
2020 1.20voters voting on the question of issuing the obligations, if a petition requesting a vote on​
2121 1.21the issuance is signed by voters equal to five percent of the votes cast in the county in the​
2222 1.22last county general election and is filed with the county auditor within 30 days after the​
2323 1.23public hearing. If the county elects not to submit the question to the voters, the county shall​
2424 1​Section 1.​
2525 25-04802 as introduced​03/13/25 REVISOR MS/DG​
2626 SENATE​
2727 STATE OF MINNESOTA​
2828 S.F. No. 2880​NINETY-FOURTH SESSION​
2929 (SENATE AUTHORS: REST)​
3030 OFFICIAL STATUS​D-PG​DATE​
3131 Introduction and first reading​03/24/2025​
3232 Referred to Taxes​ 2.1not propose the issuance of bonds under this section for the same purpose and in the same​
3333 2.2amount for a period of 365 days from the date of receipt of the petition. If the question of​
3434 2.3issuing the bonds is submitted and not approved by the voters, the provisions of section​
3535 2.4475.58, subdivision 1a, shall apply.​
3636 2.5 Sec. 2. Minnesota Statutes 2024, section 446A.086, subdivision 1, is amended to read:​
3737 2.6 Subdivision 1.Definitions.(a) As used in this section, the following terms have the​
3838 2.7meanings given.​
3939 2.8 (b) "Authority" means the Minnesota Public Facilities Authority.​
4040 2.9 (c) "Commissioner" means the commissioner of management and budget.​
4141 2.10 (d) "Debt obligation" means:​
4242 2.11 (1) a general obligation bond or note issued by a county, a bond or note to which the​
4343 2.12general obligation of a county is pledged under section 469.034, subdivision 2, or a bond​
4444 2.13or note payable from a county lease obligation under section 641.24, to provide funds for​
4545 2.14the construction of:​
4646 2.15 (i) jails;​
4747 2.16 (ii) correctional facilities;​
4848 2.17 (iii) law enforcement facilities;​
4949 2.18 (iv) a courthouse or justice center, if connected to a jail, correctional facility, or other​
5050 2.19law enforcement facility;​
5151 2.20 (iv) (v) social services and human services facilities;​
5252 2.21 (v) (vi) solid waste facilities; or​
5353 2.22 (vi) (vii) qualified housing development projects as defined in section 469.034,​
5454 2.23subdivision 2; or​
5555 2.24 (2) a general obligation bond or note issued by a governmental unit to provide funds for​
5656 2.25the construction, improvement, or rehabilitation of:​
5757 2.26 (i) wastewater facilities;​
5858 2.27 (ii) drinking water facilities;​
5959 2.28 (iii) stormwater facilities; or​
6060 2.29 (iv) any publicly owned building or infrastructure improvement that has received partial​
6161 2.30funding from grants awarded by the commissioner of employment and economic development​
6262 2​Sec. 2.​
6363 25-04802 as introduced​03/13/25 REVISOR MS/DG​ 3.1related to redevelopment, contaminated site cleanup, bioscience, small cities development​
6464 3.2programs, and rural business infrastructure programs, for which bonds are issued by the​
6565 3.3authority under section 446A.087.​
6666 3.4 (e) "Governmental unit" means a county or a statutory or home rule charter city.​
6767 3.5 Sec. 3. Minnesota Statutes 2024, section 446A.086, subdivision 2, is amended to read:​
6868 3.6 Subd. 2.Application.(a) This section provides a state guarantee of the payment of​
6969 3.7principal and interest on debt obligations if:​
7070 3.8 (1) the obligations are issued for new projects or the refunding at a net present value​
7171 3.9savings of debt service costs of obligations that are currently guaranteed pursuant to this​
7272 3.10section and are not issued for the purposes of refunding previous obligations other than as​
7373 3.11described in this sentence;​
7474 3.12 (2) application to the Public Facilities Authority is made before issuance; and​
7575 3.13 (3) the obligations are covered by an agreement meeting the requirements of subdivision​
7676 3.143.​
7777 3.15 (b) Applications to be covered by the provisions of this section must be made in a form​
7878 3.16and contain the information prescribed by the authority. Applications are subject to either​
7979 3.17a fee of $500 for each bond issue requested by a county or governmental unit or the applicable​
8080 3.18fees under section 446A.087.​
8181 3.19 (c) Application fees paid under this section must be deposited in a separate credit​
8282 3.20enhancement bond guarantee account in the special revenue fund. Money in the credit​
8383 3.21enhancement bond guarantee account is appropriated to the authority for purposes of​
8484 3.22administering this section.​
8585 3.23 (d) Neither the authority nor the commissioner is required to promulgate administrative​
8686 3.24rules under this section and the procedures and requirements established by the authority​
8787 3.25or commissioner under this section are not subject to chapter 14.​
8888 3.26 Sec. 4. Minnesota Statutes 2024, section 462C.04, subdivision 2, is amended to read:​
8989 3.27 Subd. 2.Program review.A public hearing shall be held on each program after one​
9090 3.28publication of notice in a newspaper circulating generally in the city, at least 15 ten days​
9191 3.29before the hearing. On or before the day on which notice of the public hearing is published,​
9292 3.30the city shall submit the program to the Metropolitan Council, if the city is located in the​
9393 3.31metropolitan area as defined in section 473.121, subdivision 2, or to the regional development​
9494 3​Sec. 4.​
9595 25-04802 as introduced​03/13/25 REVISOR MS/DG​ 4.1commission for the area in which the city is located, if any, for review and comment. The​
9696 4.2appropriate reviewing agency shall comment on:​
9797 4.3 (a) whether the program furthers local and regional housing policies and is consistent​
9898 4.4with the Metropolitan Development Guide, if the city is located in the metropolitan area,​
9999 4.5or adopted policies of the regional development commission; and​
100100 4.6 (b) the compatibility of the program with the housing portion of the comprehensive plan​
101101 4.7of the city, if any.​
102102 4.8 Review of the program may be conducted either by the board of the reviewing agency​
103103 4.9or by the staff of the agency. Any comment submitted by the reviewing agency to the city​
104104 4.10must be presented to the body considering the proposed program at the public hearing held​
105105 4.11on the program.​
106106 4.12 A member or employee of the reviewing agency shall be permitted to present the​
107107 4.13comments of the reviewing agency at the public hearing. After conducting the public hearing,​
108108 4.14the program may be adopted with or without amendment, provided that any amendments​
109109 4.15must not be inconsistent with the comments, if any, of the reviewing agency and must not​
110110 4.16contain any material changes from the program submitted to the reviewing agency other​
111111 4.17than changes in the financial aspects of any proposed issue of bonds or obligations. If any​
112112 4.18material change other than a change in the financial aspects of a proposed issue of bonds​
113113 4.19or obligations, or any change which is inconsistent with the comments of the reviewing​
114114 4.20agency is adopted, the amended program shall be resubmitted to the appropriate reviewing​
115115 4.21agency for review and comment, and a public hearing shall be held on the amended program​
116116 4.22after one publication of notice in a newspaper circulating generally in the city at least 15​
117117 4.23ten days before the hearing. The amended program shall be considered after the public​
118118 4.24hearing in the same manner as consideration of the initial program.​
119119 4.25 Sec. 5. Minnesota Statutes 2024, section 469.104, is amended to read:​
120120 4.26 469.104 SECTIONS THAT APPLY IF FEDERAL LIMIT APPLIES.​
121121 4.27 Sections 474A.01 to 474A.21 apply to obligations issued under sections 469.090 to​
122122 4.28469.108 that are limited required by federal tax law as defined in section 474A.02,​
123123 4.29subdivision 8, to obtain an allocation of volume cap.​
124124 4.30 Sec. 6. Minnesota Statutes 2024, section 469.154, subdivision 4, is amended to read:​
125125 4.31 Subd. 4.Hearing.Prior to submitting an application to the department requesting​
126126 4.32approval of a project pursuant to subdivision 3, the governing body or a committee of the​
127127 4​Sec. 6.​
128128 25-04802 as introduced​03/13/25 REVISOR MS/DG​ 5.1governing body of the municipality or redevelopment agency shall conduct a public hearing​
129129 5.2on the proposal to undertake and finance the project. Notice of the time and place of hearing,​
130130 5.3and stating the general nature of the project and an estimate of the principal amount of bonds​
131131 5.4or other obligations to be issued to finance the project, shall be published at least once not​
132132 5.5less than 14 ten days nor more than 30 days prior to the date fixed for the hearing, in the​
133133 5.6official newspaper and a newspaper of general circulation of the municipality or​
134134 5.7redevelopment agency. The notice shall state that a draft copy of the proposed application​
135135 5.8to the department, together with all attachments and exhibits, shall be available for public​
136136 5.9inspection following the publication of the notice and shall specify the place and times​
137137 5.10where and when it will be so available. The governing body of the municipality or the​
138138 5.11redevelopment agency shall give all parties who appear at the hearing an opportunity to​
139139 5.12express their views with respect to the proposal to undertake and finance the project.​
140140 5.13Following the completion of the public hearing, the governing body of the municipality or​
141141 5.14redevelopment agency shall adopt a resolution determining whether or not to proceed with​
142142 5.15the project and its financing; it may thereafter apply to the department for approval of the​
143143 5.16project.​
144144 5.17 Sec. 7. Minnesota Statutes 2024, section 474A.091, subdivision 2, is amended to read:​
145145 5.18 Subd. 2.Application for residential rental projects.(a) Issuers may apply for an​
146146 5.19allocation for residential rental bonds under this section by submitting to the department an​
147147 5.20application on forms provided by the department accompanied by:​
148148 5.21 (1) a preliminary resolution;​
149149 5.22 (2) a statement of bond counsel that the proposed issue of obligations requires an​
150150 5.23allocation under this chapter and the Internal Revenue Code;​
151151 5.24 (3) an application deposit in the amount of two percent of the requested allocation;​
152152 5.25 (4) a sworn statement from the applicant identifying the project as a preservation project,​
153153 5.2630 percent AMI residential rental project, 50 percent AMI residential rental project, 100​
154154 5.27percent LIHTC project, 20 percent LIHTC project, or any other residential rental project;​
155155 5.28and​
156156 5.29 (5) a certification from the applicant or its accountant stating that the requested allocation​
157157 5.30does not exceed the aggregate bond limitation.​
158158 5.31The issuer must pay the application deposit to the Department of Management and Budget.​
159159 5.32An entitlement issuer may not apply for an allocation for residential rental project bonds​
160160 5.33under this section unless it has either permanently issued bonds equal to the amount of its​
161161 5​Sec. 7.​
162162 25-04802 as introduced​03/13/25 REVISOR MS/DG​ 6.1entitlement allocation for the current year plus any amount carried forward from previous​
163163 6.2years or returned for reallocation all of its unused entitlement allocation. For purposes of​
164164 6.3this subdivision, its entitlement allocation includes an amount obtained under section​
165165 6.4474A.04, subdivision 6.​
166166 6.5 (b) An issuer that receives an allocation under this subdivision must permanently issue​
167167 6.6obligations equal to all or a portion of the allocation received on or before the earlier of:​
168168 6.7(1) 180 days of the allocation; or (2) the last business day of December. If an issuer that​
169169 6.8receives an allocation under this subdivision does not permanently issue obligations equal​
170170 6.9to all or a portion of the allocation received within the time period provided in this paragraph​
171171 6.10or returns the allocation to the commissioner, the amount of the allocation is canceled and​
172172 6.11returned for reallocation through the unified pool.​
173173 6.12 (c) The Minnesota Housing Finance Agency may apply for and receive an allocation​
174174 6.13under this section without submitting an application deposit.​
175175 6.14 Sec. 8. Minnesota Statutes 2024, section 474A.091, subdivision 2a, is amended to read:​
176176 6.15 Subd. 2a.Application for all other types of qualified bonds.(a) Issuers may apply​
177177 6.16for an allocation for all types of qualified bonds other than residential rental bonds under​
178178 6.17this section by submitting to the department an application on forms provided by the​
179179 6.18department accompanied by:​
180180 6.19 (1) a preliminary resolution;​
181181 6.20 (2) a statement of bond counsel that the proposed issue of obligations requires an​
182182 6.21allocation under this chapter and the Internal Revenue Code;​
183183 6.22 (3) the type of qualified bonds to be issued;​
184184 6.23 (4) an application deposit in the amount of two percent of the requested allocation; and​
185185 6.24 (5) a public purpose scoring worksheet for manufacturing and enterprise zone​
186186 6.25applications.​
187187 6.26The issuer must pay the application deposit to the Department of Management and Budget.​
188188 6.27An entitlement issuer may not apply for an allocation for public facility bonds or mortgage​
189189 6.28bonds under this section unless it has either permanently issued bonds equal to the amount​
190190 6.29of its entitlement allocation for the current year plus any amount carried forward from​
191191 6.30previous years or returned for reallocation all of its unused entitlement allocation. For​
192192 6.31purposes of this subdivision, an entitlement allocation includes an amount obtained under​
193193 6.32section 474A.04, subdivision 6.​
194194 6​Sec. 8.​
195195 25-04802 as introduced​03/13/25 REVISOR MS/DG​ 7.1 (b) An issuer that receives an allocation under this subdivision must permanently issue​
196196 7.2obligations equal to all or a portion of the allocation received on or before the earlier of:​
197197 7.3(1) 120 days of the allocation; or (2) the last business day of December. If an issuer that​
198198 7.4receives an allocation under this subdivision does not permanently issue obligations equal​
199199 7.5to all or a portion of the allocation received within the time period provided in this paragraph​
200200 7.6or returns the allocation to the commissioner, the amount of the allocation is canceled and​
201201 7.7returned for reallocation through the unified pool.​
202202 7.8 (c) Notwithstanding the restrictions imposed on entitlement issuers under this subdivision,​
203203 7.9the Minnesota Housing Finance Agency may not receive an allocation for mortgage bonds​
204204 7.10under this section prior to the first Monday in October, but may be awarded allocations for​
205205 7.11mortgage bonds from the unified pool on or after the first Monday in October. The Minnesota​
206206 7.12Housing Finance Agency, the Minnesota Office of Higher Education, and the Minnesota​
207207 7.13Rural Finance Authority may apply for and receive an allocation under this section without​
208208 7.14submitting an application deposit.​
209209 7.15 Sec. 9. Minnesota Statutes 2024, section 475.521, subdivision 2, is amended to read:​
210210 7.16 Subd. 2.Election requirement.(a) Bonds issued by a municipality to finance capital​
211211 7.17improvements under an approved capital improvements plan are not subject to the election​
212212 7.18requirements of section 475.58. The bonds must be approved by an affirmative vote of​
213213 7.19three-fifths of the members of a five-member governing body. In the case of a governing​
214214 7.20body having more or less than five members, the bonds must be approved by a vote of at​
215215 7.21least two-thirds of the members of the governing body.​
216216 7.22 (b) Before the issuance of bonds qualifying under this section, the municipality must​
217217 7.23publish a notice of its intention to issue the bonds and the date and time of the hearing to​
218218 7.24obtain public comment on the matter. The notice must be published in the official newspaper​
219219 7.25of the municipality or in a newspaper of general circulation in the municipality. Additionally,​
220220 7.26the notice may be posted on the official website, if any, of the municipality. The notice must​
221221 7.27be published at least 14 ten but not more than 28 days before the date of the hearing.​
222222 7.28 (c) A municipality may issue the bonds only after obtaining the approval of a majority​
223223 7.29of the voters voting on the question of issuing the obligations, if a petition requesting a vote​
224224 7.30on the issuance is signed by voters equal to five percent of the votes cast in the municipality​
225225 7.31in the last municipal general election and is filed with the clerk within 30 days after the​
226226 7.32public hearing. If the municipality elects not to submit the question to the voters, the​
227227 7.33municipality shall not propose the issuance of bonds under this section for the same purpose​
228228 7.34and in the same amount for a period of 365 days from the date of receipt of the petition. If​
229229 7​Sec. 9.​
230230 25-04802 as introduced​03/13/25 REVISOR MS/DG​ 8.1the question of issuing the bonds is submitted and not approved by the voters, the provisions​
231231 8.2of section 475.58, subdivision 1a, shall apply.​
232232 8.3 Sec. 10. Minnesota Statutes 2024, section 641.23, is amended to read:​
233233 8.4 641.23 FUNDS; HOW PROVIDED.​
234234 8.5 Before any contract is made for the erection of a county jail, sheriff's residence, or both​
235235 8.6sheriff's offices, law enforcement center, or courthouse or justice center attached to a county​
236236 8.7jail, the county board shall either levy a sufficient tax to provide the necessary funds, or​
237237 8.8issue county bonds therefor in accordance with the provisions of chapter 475, provided that​
238238 8.9no election is required if the amount of all bonds issued for this purpose and interest on​
239239 8.10them which are due and payable in any year does not exceed an amount equal to 0.09671​
240240 8.11percent of estimated market value of taxable property within the county, as last determined​
241241 8.12before the bonds are issued.​
242242 8​Sec. 10.​
243243 25-04802 as introduced​03/13/25 REVISOR MS/DG​