1.1                          A bill for an act 
  1.2             relating to the metropolitan mosquito control 
  1.3             district; including the rest of Carver county in the 
  1.4             district; adding a second member for Carver county; 
  1.5             providing for pesticide application for mosquito 
  1.6             control; clarifying the exception to prohibiting entry 
  1.7             upon private property if objected to; making the 
  1.8             district subject to the Minnesota Uniform Municipal 
  1.9             Contracting Law; eliminating per diems for 
  1.10            commissioners; making expense payments permissive 
  1.11            rather than mandatory; making conforming changes; 
  1.12            amending Minnesota Statutes 2002, sections 18B.07, 
  1.13            subdivision 2; 473.702; 473.703, subdivision 1; 
  1.14            473.704, subdivision 17; 473.705; 473.714, subdivision 
  1.15            1; repealing Minnesota Statutes 2002, section 473.714, 
  1.16            subdivision 2. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2002, section 18B.07, 
  1.19  subdivision 2, is amended to read: 
  1.20     Subd. 2.  [PROHIBITED PESTICIDE USE.] (a) A person may not 
  1.21  use, store, handle, distribute, or dispose of a pesticide, 
  1.22  rinsate, pesticide container, or pesticide application equipment 
  1.23  in a manner: 
  1.24     (1) that is inconsistent with a label or labeling as 
  1.25  defined by FIFRA; 
  1.26     (2) that endangers humans, damages agricultural products, 
  1.27  food, livestock, fish, or wildlife; or 
  1.28     (3) that will cause unreasonable adverse effects on the 
  1.29  environment.  
  1.30     (b) A person may not direct a pesticide onto property 
  1.31  beyond the boundaries of the target site.  A person may not 
  2.1   apply a pesticide resulting in damage to adjacent property. 
  2.2      (c) A person may not directly apply a pesticide on a human 
  2.3   by overspray or target site spray, except when: 
  2.4      (1) the pesticide is intended for use on a human; 
  2.5      (2) the pesticide application is for mosquito control 
  2.6   operations conducted before June 30, 2003, in compliance with 
  2.7   paragraph (d), clauses (1) and (2); 
  2.8      (3) the pesticide application is for control of gypsy moth, 
  2.9   forest tent caterpillar, or other pest species, as determined by 
  2.10  the commissioner, and the pesticide used is a biological agent; 
  2.11  or 
  2.12     (4) the pesticide application is for a public health risk, 
  2.13  as determined by the commissioner of health, and the 
  2.14  commissioner of health, in consultation with the commissioner of 
  2.15  agriculture, determines that the application is warranted based 
  2.16  on the commissioner's balancing of the public health risk with 
  2.17  the risk that the pesticide application poses to the health of 
  2.18  the general population, with special attention to the health of 
  2.19  children. 
  2.20     (d) For pesticide applications under paragraph (c), clause 
  2.21  (2), the following conditions apply: 
  2.22     (1) no practicable and effective alternative method of 
  2.23  control exists; 
  2.24     (2) the pesticide is among the least toxic available for 
  2.25  control of the target pest; and 
  2.26     (3) notification of residents in the area to be treated is 
  2.27  provided at least 24 hours before application by direct 
  2.28  notification and through posting daily on the metropolitan 
  2.29  mosquito control Web site those areas to be treated by adult 
  2.30  mosquito control techniques during the next calendar day and by 
  2.31  sending a broadcast e-mail to those persons who request 
  2.32  notification of metropolitan mosquito control district control 
  2.33  activities.  For control operations related to human disease 
  2.34  outbreaks, notice under this paragraph may be given less than 24 
  2.35  hours in advance. 
  2.36     (d) (e) For pesticide applications under paragraph (c), 
  3.1   clauses (3) and (4), the following conditions apply: 
  3.2      (1) no practicable and effective alternative method of 
  3.3   control exists; 
  3.4      (2) the pesticide is among the least toxic available for 
  3.5   control of the target pest; and 
  3.6      (3) notification of residents in the area to be treated is 
  3.7   provided by direct notification and through publication in a 
  3.8   newspaper of general circulation within the affected area. 
  3.9      (e) (f) For purposes of this subdivision, "direct 
  3.10  notification" may include mailings, public meetings, posted 
  3.11  placards, neighborhood newsletters, or other means of contact 
  3.12  designed to reach as many residents as possible. 
  3.13     (f) (g) A person may not apply a pesticide in a manner so 
  3.14  as to expose a worker in an immediately adjacent, open field. 
  3.15     Sec. 2.  Minnesota Statutes 2002, section 473.702, is 
  3.16  amended to read: 
  3.17     473.702 [ESTABLISHMENT OF DISTRICT; PURPOSE; AREA; 
  3.18  GOVERNING BODY.] 
  3.19     A metropolitan mosquito control district is created to 
  3.20  control mosquitoes, disease vectoring ticks, and black gnats 
  3.21  (Simuliidae) in the metropolitan area.  The area of the district 
  3.22  is the metropolitan area defined in section 473.121.  The area 
  3.23  of the district is the metropolitan area excluding the part of 
  3.24  Carver county west of the west line of township 116N, range 24W, 
  3.25  township 115N, range 24W, and township 114N, range 24W.  The 
  3.26  metropolitan mosquito control commission is created as the 
  3.27  governing body of the district, composed and exercising the 
  3.28  powers as prescribed in sections 473.701 to 473.716. 
  3.29     Sec. 3.  Minnesota Statutes 2002, section 473.703, 
  3.30  subdivision 1, is amended to read: 
  3.31     Subdivision 1.  [METRO COUNTY COMMISSIONERS.] The district 
  3.32  shall be operated by a commission which shall consist of three 
  3.33  members from Anoka county, one member two members from Carver 
  3.34  county, three members from Dakota county, three members from 
  3.35  Hennepin county, three members from Ramsey county, two members 
  3.36  from Scott county, and two members from Washington county.  
  4.1   Commissioners shall be members of the board of county 
  4.2   commissioners of their respective counties, and shall be 
  4.3   appointed by their respective boards of county commissioners.  
  4.4      Sec. 4.  Minnesota Statutes 2002, section 473.704, 
  4.5   subdivision 17, is amended to read: 
  4.6      Subd. 17.  [ENTRY TO PROPERTY.] (a) Members of the 
  4.7   commission, its officers, and employees, while on the business 
  4.8   of the commission, may enter upon any property within or outside 
  4.9   the district at reasonable times to determine the need for 
  4.10  control programs.  They may take all necessary and proper steps 
  4.11  for the control programs on property within the district as the 
  4.12  director of the commission may designate.  Subject to the 
  4.13  paramount control of the county and state authorities, 
  4.14  commission members and officers and employees of the commission 
  4.15  may enter upon any property and clean up any stagnant pool of 
  4.16  water, the shores of lakes and streams, and other breeding 
  4.17  places for mosquitoes within the district.  The commission may 
  4.18  apply insecticides approved by the director to any area within 
  4.19  or outside the district that is found to be a breeding place for 
  4.20  mosquitoes.  The commission shall give reasonable notification 
  4.21  to the governing body of the local unit of government prior to 
  4.22  applying insecticides outside of the district on land located 
  4.23  within the jurisdiction of the local unit of government.  The 
  4.24  commission shall not enter upon private property if the owner 
  4.25  objects except to monitor for disease-bearing mosquitoes, ticks, 
  4.26  or black gnats or for control of disease bearing mosquito 
  4.27  encephalitis outbreaks mosquito species capable of carrying a 
  4.28  human disease in the local area of a human disease outbreak 
  4.29  regardless of whether there has been an occurrence of the 
  4.30  disease in a human being. 
  4.31     (b) The commissioner of natural resources must approve 
  4.32  mosquito control plans or make modifications as the commissioner 
  4.33  of natural resources deems necessary for the protection of 
  4.34  public water, wild animals, and natural resources before control 
  4.35  operations are started on state lands administered by the 
  4.36  commissioner of natural resources.  Until July 1, 2002, approval 
  5.1   may, if the commissioner of natural resources considers it 
  5.2   necessary, be denied, modified, or revoked by the commissioner 
  5.3   of natural resources at any time upon written notice to the 
  5.4   commission. 
  5.5      Sec. 5.  Minnesota Statutes 2002, section 473.705, is 
  5.6   amended to read: 
  5.7      473.705 [CONTRACTS FOR MATERIALS, SUPPLIES AND EQUIPMENT.] 
  5.8      No contract Contracts for the purchase of materials, 
  5.9   supplies, and equipment costing more than $5,000 shall be made 
  5.10  must comply with and be governed by the Minnesota Uniform 
  5.11  Municipal Contracting Law, section 471.345.  A sealed bid 
  5.12  solicitation must not be done by the commission without 
  5.13  publishing the notice once in the official newspaper of each of 
  5.14  the counties in the district that bids or proposals will be 
  5.15  received.  The notice shall be published at least ten days 
  5.16  before bids are opened.  Such notice shall state the nature of 
  5.17  the work or purchase and the terms and conditions upon which the 
  5.18  contract is to be awarded, naming therein a time and place where 
  5.19  such bids will be received, opened, and read publicly.  After 
  5.20  such bids have been duly received, opened, read publicly, and 
  5.21  recorded, the commission shall award such contract to the lowest 
  5.22  responsible bidder or it may reject all bids.  Each contract 
  5.23  shall be duly executed in writing and the party to whom the 
  5.24  contract is awarded may be required to give sufficient bond to 
  5.25  the commission for the faithful performance of the contract.  If 
  5.26  no satisfactory bid is received the commission may readvertise.  
  5.27  The commission shall have the right to set qualifications and 
  5.28  specifications and to require bids to meet such qualifications 
  5.29  and specifications before bids are accepted. If the commission 
  5.30  by an affirmative vote of five-sixths of the voting power of the 
  5.31  commission shall declare that an emergency exists requiring the 
  5.32  immediate purchase of materials or supplies at a cost in excess 
  5.33  of $5,000 but not to exceed $10,000 in amount, or in making 
  5.34  emergency repairs, it shall not be necessary to advertise for 
  5.35  bids, but such material, equipment, and supplies may be 
  5.36  purchased in the open market at the lowest price available 
  6.1   without securing formal competitive bids.  An emergency as used 
  6.2   in this section shall be an unforeseen circumstance or condition 
  6.3   which results in placing life or property in jeopardy.  All 
  6.4   contracts involving employment of labor shall stipulate terms 
  6.5   thereof and such conditions as the commission deems reasonable 
  6.6   as to hours and wages.  
  6.7      Sec. 6.  Minnesota Statutes 2002, section 473.714, 
  6.8   subdivision 1, is amended to read: 
  6.9      Subdivision 1.  [COMPENSATION.] Except as provided in 
  6.10  subdivision 2, Each commissioner, including the officers of the 
  6.11  commission shall, may be reimbursed for actual and necessary 
  6.12  expenses incurred in the performance of duties.  The chair shall 
  6.13  be paid a per diem for attending meetings, monthly, executive, 
  6.14  and special, and each commissioner shall be paid a per diem for 
  6.15  attending meetings, monthly, executive, and special, which per 
  6.16  diem shall be established by the commission.  A commissioner who 
  6.17  receives a per diem from the commissioner's county shall not be 
  6.18  paid a per diem for the same day by the commission for attending 
  6.19  meetings of the commission.  The annual budget of the commission 
  6.20  shall provide as a separate account anticipated expenditures for 
  6.21  per diem, travel and associated expenses for the chair and 
  6.22  members, and compensation or reimbursement shall be made to the 
  6.23  chair or members only when budgeted.  No commissioner may be 
  6.24  paid a per diem. 
  6.25     Sec. 7.  [TRANSITIONAL AUTHORITY.] 
  6.26     The metropolitan mosquito control district and the Carver 
  6.27  county board of commissioners may enter into an agreement for 
  6.28  the district to provide its services to the part of Carver 
  6.29  county added to the district by this act until the proceeds of 
  6.30  the levy from that part of Carver county are available for those 
  6.31  services.  During this period the services may be provided on 
  6.32  the terms and for fees that are mutually agreed to by the 
  6.33  parties. 
  6.34     Sec. 8.  [REPEALER.] 
  6.35     Minnesota Statutes 2002, section 473.714, subdivision 2, is 
  6.36  repealed. 
  7.1      Sec. 9.  [EFFECTIVE DATE.] 
  7.2      Sections 1 to 8 are effective the day after their final 
  7.3   enactment.