HF 236

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to metropolitan mosquito control; abolishing 
  1.3             the metropolitan mosquito control district and 
  1.4             commission; authorizing a joint powers board for 
  1.5             mosquito abatement in the metropolitan area; 
  1.6             prescribing its powers and duties; amending Minnesota 
  1.7             Statutes 1994, sections 3.9741, subdivision 1; 
  1.8             16B.122, subdivisions 1 and 3; 270.12, subdivision 3; 
  1.9             273.1398, by adding a subdivision; 275.065, 
  1.10            subdivision 3; 275.066; 352.01, subdivision 2a; 
  1.11            473.143, subdivision 1; and 473.8011; proposing coding 
  1.12            for new law in Minnesota Statutes, chapter 473; 
  1.13            repealing Minnesota Statutes 1994, sections 473.701; 
  1.14            473.702; 473.703; 473.704; 473.705; 473.706; 473.711; 
  1.15            473.712; 473.714; 473.715; and 473.716. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17                             ARTICLE 1 
  1.18     Section 1.  Minnesota Statutes 1994, section 273.1398, is 
  1.19  amended by adding a subdivision to read: 
  1.20     Subd. 2d.  [HACA ADJUSTMENT.] The homestead and 
  1.21  agricultural credit aid received by the metropolitan mosquito 
  1.22  control district for taxes payable in 1995, less any permanent 
  1.23  aid reduction under section 477A.0132 made during the 1995 
  1.24  legislative session, is permanently transferred to the counties 
  1.25  of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
  1.26  Washington beginning with aid paid in 1996 and thereafter, in 
  1.27  amounts proportional to each of the seven county's payable 1995 
  1.28  levy for mosquito control under section 473.711. 
  1.29     Sec. 2.  [473.718] [MOSQUITO ABATEMENT JOINT POWERS BOARD; 
  1.30  OPTIONAL PARTICIPATION.] 
  2.1      Subdivision 1.  [JOINT POWERS BOARD.] Mosquito abatement 
  2.2   shall be provided in the metropolitan area as provided in 
  2.3   sections 18.041 to 18.161, except that it shall be provided 
  2.4   under the control and direction of a single joint powers board 
  2.5   formed under section 471.59. 
  2.6      Subd. 2.  [OPTION TO PARTICIPATE.] The joint powers 
  2.7   agreement shall provide for any statutory or home rule charter 
  2.8   city or town in the metropolitan area to participate in, 
  2.9   withdraw from, or rejoin in the mosquito control activities of 
  2.10  the joint powers board. 
  2.11     Sec. 3.  [473.719] [BOARD POWERS; LIMITS.] 
  2.12     The joint powers mosquito abatement board shall not enter 
  2.13  on private property if the owner objects, except for control of 
  2.14  disease-bearing mosquito encephalitis outbreaks. 
  2.15     Sec. 4.  [TRANSITION.] 
  2.16     Subdivision 1.  [JOINT POWERS BOARD ESTABLISHED.] The 
  2.17  counties included in the metropolitan mosquito control district, 
  2.18  as provided for in Minnesota Statutes, section 473.702, shall 
  2.19  form a joint powers board for mosquito abatement.  The agreement 
  2.20  must include provision for any statutory or home rule charter 
  2.21  city or town within a metropolitan county to withdraw from and 
  2.22  rejoin in the mosquito abatement activities of the joint powers 
  2.23  board, including financial support for abatement.  The joint 
  2.24  powers agreement must be effective January 1, 1996. 
  2.25     Subd. 2.  [DISTRICT LEVY PROHIBITED.] The metropolitan 
  2.26  mosquito control district may not levy in 1995 for taxes payable 
  2.27  in 1996 and thereafter. 
  2.28     Subd. 3.  [TRANSFER TO JOINT POWERS BOARD.] On the 
  2.29  effective date of this section, the metropolitan mosquito 
  2.30  control commission is abolished and its personnel, personal and 
  2.31  real property, assets, liabilities, debts, and obligations are 
  2.32  transferred to the metropolitan area joint powers mosquito 
  2.33  abatement board established pursuant to subdivision 1.  Nothing 
  2.34  in this subdivision shall be construed as abrogating or 
  2.35  modifying any rights now enjoyed by affected employees under a 
  2.36  collective bargaining agreement between the employees and the 
  3.1   commission.  The joint powers mosquito abatement board is the 
  3.2   legal successor in all respects of the metropolitan mosquito 
  3.3   control commission and district. 
  3.4      Sec. 5.  [APPLICATION.] 
  3.5      This article applies in the counties of Anoka, Carver, 
  3.6   Dakota, Hennepin, Ramsey, Scott, and Washington. 
  3.7      Sec. 6.  [REPEALER.] 
  3.8      Subdivision 1.  Minnesota Statutes 1994, section 473.711, 
  3.9   is repealed. 
  3.10     Subd. 2.  Minnesota Statutes 1994, sections 473.701; 
  3.11  473.702; 473.703; 473.704; 473.705; 473.706; 473.712; 473.714; 
  3.12  473.715; and 473.716, are repealed. 
  3.13     Sec. 7.  [EFFECTIVE DATES.] 
  3.14     Section 1 is effective for aids payable in 1996 and 
  3.15  thereafter.  Sections 4, subdivisions 1 and 2; 5; and 6, 
  3.16  subdivision 1, are effective the day after final enactment.  The 
  3.17  remainder of this article is effective January 1, 1996. 
  3.18                             ARTICLE 2
  3.19                       CONFORMING AMENDMENTS
  3.20     Section 1.  Minnesota Statutes 1994, section 3.9741, 
  3.21  subdivision 1, is amended to read: 
  3.22     Subdivision 1.  [METROPOLITAN COMMISSION.] Upon the audit 
  3.23  of the financial accounts and affairs of a commission under 
  3.24  section 473.595, or 473.604, or 473.703, the affected 
  3.25  metropolitan commission is liable to the state for the total 
  3.26  cost and expenses of the audit, including the salaries paid to 
  3.27  the examiners while actually engaged in making the examination.  
  3.28  The legislative auditor may bill the metropolitan commission 
  3.29  either monthly or at the completion of the audit.  All 
  3.30  collections received for the audits must be deposited in the 
  3.31  general fund.  
  3.32     Sec. 2.  Minnesota Statutes 1994, section 16B.122, 
  3.33  subdivision 1, is amended to read: 
  3.34     Subdivision 1.  [DEFINITIONS.] The definitions in this 
  3.35  subdivision apply to this section. 
  3.36     (a) "Copier paper" means paper purchased for use in copying 
  4.1   machines. 
  4.2      (b) "Office paper" means notepads, loose-leaf fillers, 
  4.3   tablets, and other paper commonly used in offices. 
  4.4      (c) "Postconsumer material" means a finished material that 
  4.5   would normally be discarded as a solid waste, having completed 
  4.6   its life cycle as a consumer item. 
  4.7      (d) "Practicable" means capable of being used, consistent 
  4.8   with performance, in accordance with applicable specifications, 
  4.9   and availability within a reasonable time. 
  4.10     (e) "Printing paper" means paper designed for printing, 
  4.11  other than newsprint, such as offset and publication paper. 
  4.12     (f) "Public entity" means the state, an office, agency, or 
  4.13  institution of the state, the metropolitan council, a 
  4.14  metropolitan agency, the metropolitan mosquito control district 
  4.15  a joint powers board for mosquito abatement in the metropolitan 
  4.16  area, the legislature, the courts, a county, a statutory or home 
  4.17  rule charter city, a town, a school district, another special 
  4.18  taxing district, or any contractor acting pursuant to a contract 
  4.19  with a public entity. 
  4.20     (g) "Soy-based ink" means printing ink made from soy oil. 
  4.21     (h) "Uncoated" means not coated with plastic, clay, or 
  4.22  other material used to create a glossy finish. 
  4.23     Sec. 3.  Minnesota Statutes 1994, section 16B.122, 
  4.24  subdivision 3, is amended to read: 
  4.25     Subd. 3.  [PUBLIC ENTITY PURCHASING.] (a) Notwithstanding 
  4.26  section 365.37, 375.21, or 412.311, or 473.705, a public entity 
  4.27  may purchase recycled materials when the price of the recycled 
  4.28  materials does not exceed the price of nonrecycled materials by 
  4.29  more than ten percent.  In order to maximize the quantity and 
  4.30  quality of recycled materials purchased, a public entity also 
  4.31  may use other appropriate procedures to acquire recycled 
  4.32  materials at the most economical cost to the public entity. 
  4.33     (b) When purchasing commodities and services, a public 
  4.34  entity shall apply and promote the preferred waste management 
  4.35  practices listed in section 115A.02, with special emphasis on 
  4.36  reduction of the quantity and toxicity of materials in waste.  A 
  5.1   public entity, in developing bid specifications, shall consider 
  5.2   the extent to which a commodity or product is durable, reusable, 
  5.3   or recyclable and marketable through the applicable local or 
  5.4   regional recycling program and the extent to which the commodity 
  5.5   or product contains postconsumer material. 
  5.6      Sec. 4.  Minnesota Statutes 1994, section 270.12, 
  5.7   subdivision 3, is amended to read: 
  5.8      Subd. 3.  [JURISDICTIONS IN TWO OR MORE COUNTIES.] When a 
  5.9   taxing jurisdiction lies in two or more counties, if the sales 
  5.10  ratio studies prepared by the department of revenue show that 
  5.11  the average levels of assessment in the several portions of the 
  5.12  taxing jurisdictions in the different counties differ by more 
  5.13  than five percent, the board may order the apportionment of the 
  5.14  levy.  When the sales ratio studies prepared by the department 
  5.15  of revenue show that the average levels of assessment in the 
  5.16  several portions of the taxing jurisdictions in the different 
  5.17  counties differ by more than ten percent, the board shall order 
  5.18  the apportionment of the levy unless (a) the proportion of total 
  5.19  adjusted gross tax capacity in one of the counties is less than 
  5.20  ten percent of the total adjusted gross tax capacity in the 
  5.21  taxing jurisdiction and the average level of assessment in that 
  5.22  portion of the taxing jurisdiction is the level which differs by 
  5.23  more than five percent from the assessment level in any one of 
  5.24  the other portions of the taxing jurisdiction; (b) significant 
  5.25  changes have been made in the level of assessment in the taxing 
  5.26  jurisdiction which have not been reflected in the sales ratio 
  5.27  study, and those changes alter the assessment levels in the 
  5.28  portions of the taxing jurisdiction so that the assessment level 
  5.29  now differs by five percent or less; or (c) commercial, 
  5.30  industrial, mineral, or public utility property predominates in 
  5.31  one county within the taxing jurisdiction and another class of 
  5.32  property predominates in another county within that same taxing 
  5.33  jurisdiction.  If one or more of these factors are present, the 
  5.34  board may order the apportionment of the levy.  
  5.35     Notwithstanding any other provision, the levy for the 
  5.36  metropolitan mosquito control district abatement joint powers 
  6.1   board, established under section 473.718, metropolitan council, 
  6.2   metropolitan transit district, and metropolitan transit area 
  6.3   must be apportioned without regard to the percentage difference. 
  6.4      If, pursuant to this subdivision, the board apportions the 
  6.5   levy, then that levy apportionment among the portions in the 
  6.6   different counties shall be made in the same proportion as the 
  6.7   adjusted gross tax capacity as determined by the commissioner in 
  6.8   each portion is to the total adjusted gross tax capacity of the 
  6.9   taxing jurisdiction. 
  6.10     For the purposes of this section, the average level of 
  6.11  assessment in a taxing jurisdiction or portion thereof shall be 
  6.12  the aggregate assessment sales ratio.  Gross tax capacities as 
  6.13  determined by the commissioner shall be the gross tax capacities 
  6.14  as determined for the year preceding the year in which the levy 
  6.15  to be apportioned is levied. 
  6.16     Actions pursuant to this subdivision shall be commenced 
  6.17  subsequent to the annual meeting on April 15 of the state board 
  6.18  of equalization, but notice of the action shall be given to the 
  6.19  affected jurisdiction and the appropriate county auditors by the 
  6.20  following June 30. 
  6.21     Apportionment of a levy pursuant to this subdivision shall 
  6.22  be considered as a remedy to be taken after equalization 
  6.23  pursuant to subdivision 2, and when equalization within the 
  6.24  jurisdiction would disturb equalization within other 
  6.25  jurisdictions of which the several portions of the jurisdiction 
  6.26  in question are a part. 
  6.27     Sec. 5.  Minnesota Statutes 1994, section 275.065, 
  6.28  subdivision 3, is amended to read: 
  6.29     Subd. 3.  [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 
  6.30  county auditor shall prepare and the county treasurer shall 
  6.31  deliver after November 10 and on or before November 24 each 
  6.32  year, by first class mail to each taxpayer at the address listed 
  6.33  on the county's current year's assessment roll, a notice of 
  6.34  proposed property taxes and, in the case of a town, final 
  6.35  property taxes.  
  6.36     (b) The commissioner of revenue shall prescribe the form of 
  7.1   the notice. 
  7.2      (c) The notice must inform taxpayers that it contains the 
  7.3   amount of property taxes each taxing authority other than a town 
  7.4   proposes to collect for taxes payable the following year and, 
  7.5   for a town, the amount of its final levy.  It must clearly state 
  7.6   that each taxing authority, including regional library districts 
  7.7   established under section 134.201, and including the 
  7.8   metropolitan taxing districts as defined in paragraph (i), but 
  7.9   excluding all other special taxing districts and towns, will 
  7.10  hold a public meeting to receive public testimony on the 
  7.11  proposed budget and proposed or final property tax levy, or, in 
  7.12  case of a school district, on the current budget and proposed 
  7.13  property tax levy.  It must clearly state the time and place of 
  7.14  each taxing authority's meeting and an address where comments 
  7.15  will be received by mail.  The notice must include the estimated 
  7.16  percentage increase in Minnesota personal income, provided by 
  7.17  the commissioner of revenue under section 275.064, in a way to 
  7.18  facilitate comparison of the proposed budget and levy increases 
  7.19  with the increase in personal income.  For 1993, the notice must 
  7.20  clearly state that each taxing authority holding a public 
  7.21  meeting will describe the increases or decreases of the total 
  7.22  budget, including employee and independent contractor 
  7.23  compensation in the prior year, current year, and the proposed 
  7.24  budget year.  
  7.25     (d) The notice must state for each parcel: 
  7.26     (1) the market value of the property as determined under 
  7.27  section 273.11, and used for computing property taxes payable in 
  7.28  the following year and for taxes payable in the current year; 
  7.29  and, in the case of residential property, whether the property 
  7.30  is classified as homestead or nonhomestead.  The notice must 
  7.31  clearly inform taxpayers of the years to which the market values 
  7.32  apply and that the values are final values; 
  7.33     (2) by county, city or town, school district excess 
  7.34  referenda levy, remaining school district levy, regional library 
  7.35  district, if in existence, the total of the metropolitan special 
  7.36  taxing districts as defined in paragraph (i) and the sum of the 
  8.1   remaining special taxing districts, and as a total of the taxing 
  8.2   authorities, including all special taxing districts, the 
  8.3   proposed or, for a town, final net tax on the property for taxes 
  8.4   payable the following year and the actual tax for taxes payable 
  8.5   the current year.  For the purposes of this subdivision, "school 
  8.6   district excess referenda levy" means school district taxes for 
  8.7   operating purposes approved at referendums, including those 
  8.8   taxes based on net tax capacity as well as those based on market 
  8.9   value.  "School district excess referenda levy" does not include 
  8.10  school district taxes for capital expenditures approved at 
  8.11  referendums or school district taxes to pay for the debt service 
  8.12  on bonds approved at referenda.  In the case of the city of 
  8.13  Minneapolis, the levy for the Minneapolis library board and the 
  8.14  levy for Minneapolis park and recreation shall be listed 
  8.15  separately from the remaining amount of the city's levy.  In the 
  8.16  case of a parcel where tax increment or the fiscal disparities 
  8.17  areawide tax applies, the proposed tax levy on the captured 
  8.18  value or the proposed tax levy on the tax capacity subject to 
  8.19  the areawide tax must each be stated separately and not included 
  8.20  in the sum of the special taxing districts; and 
  8.21     (3) the increase or decrease in the amounts in clause (2) 
  8.22  from taxes payable in the current year to proposed or, for a 
  8.23  town, final taxes payable the following year, expressed as a 
  8.24  dollar amount and as a percentage. 
  8.25     (e) The notice must clearly state that the proposed or 
  8.26  final taxes do not include the following: 
  8.27     (1) special assessments; 
  8.28     (2) levies approved by the voters after the date the 
  8.29  proposed taxes are certified, including bond referenda, school 
  8.30  district levy referenda, and levy limit increase referenda; 
  8.31     (3) amounts necessary to pay cleanup or other costs due to 
  8.32  a natural disaster occurring after the date the proposed taxes 
  8.33  are certified; 
  8.34     (4) amounts necessary to pay tort judgments against the 
  8.35  taxing authority that become final after the date the proposed 
  8.36  taxes are certified; and 
  9.1      (5) the contamination tax imposed on properties which 
  9.2   received market value reductions for contamination. 
  9.3      (f) Except as provided in subdivision 7, failure of the 
  9.4   county auditor to prepare or the county treasurer to deliver the 
  9.5   notice as required in this section does not invalidate the 
  9.6   proposed or final tax levy or the taxes payable pursuant to the 
  9.7   tax levy. 
  9.8      (g) If the notice the taxpayer receives under this section 
  9.9   lists the property as nonhomestead and the homeowner provides 
  9.10  satisfactory documentation to the county assessor that the 
  9.11  property is owned and has been used as the owner's homestead 
  9.12  prior to June 1 of that year, the assessor shall reclassify the 
  9.13  property to homestead for taxes payable in the following year. 
  9.14     (h) In the case of class 4 residential property used as a 
  9.15  residence for lease or rental periods of 30 days or more, the 
  9.16  taxpayer must either: 
  9.17     (1) mail or deliver a copy of the notice of proposed 
  9.18  property taxes to each tenant, renter, or lessee; or 
  9.19     (2) post a copy of the notice in a conspicuous place on the 
  9.20  premises of the property.  
  9.21     (i) For purposes of this subdivision, subdivisions 5a and 
  9.22  6, "metropolitan special taxing districts" means the following 
  9.23  taxing districts in the seven-county metropolitan area that levy 
  9.24  a property tax for any of the specified purposes listed below: 
  9.25     (1) metropolitan council under section 473.132, 473.167, 
  9.26  473.249, 473.325, 473.446, 473.521, 473.547, or 473.834; and 
  9.27     (2) metropolitan airports commission under section 473.667, 
  9.28  473.671, or 473.672; and 
  9.29     (3) metropolitan mosquito control commission under section 
  9.30  473.711. 
  9.31     For purposes of this section, any levies made by the 
  9.32  regional rail authorities in the county of Anoka, Carver, 
  9.33  Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 
  9.34  398A shall be included with the appropriate county's levy and 
  9.35  shall be discussed at that county's public hearing. 
  9.36     The notice must be mailed or posted by the taxpayer by 
 10.1   November 27 or within three days of receipt of the notice, 
 10.2   whichever is later.  A taxpayer may notify the county treasurer 
 10.3   of the address of the taxpayer, agent, caretaker, or manager of 
 10.4   the premises to which the notice must be mailed in order to 
 10.5   fulfill the requirements of this paragraph. 
 10.6      Sec. 6.  Minnesota Statutes 1994, section 275.066, is 
 10.7   amended to read: 
 10.8      275.066 [SPECIAL TAXING DISTRICTS; DEFINITION.] 
 10.9      For the purposes of property taxation and property tax 
 10.10  state aids, the term "special taxing districts" includes the 
 10.11  following entities: 
 10.12     (1) watershed districts under chapter 103D; 
 10.13     (2) sanitary districts under sections 115.18 to 115.37; 
 10.14     (3) regional sanitary sewer districts under sections 115.61 
 10.15  to 115.67; 
 10.16     (4) regional public library districts under section 
 10.17  134.201; 
 10.18     (5) park districts under chapter 398; 
 10.19     (6) regional railroad authorities under chapter 398A; 
 10.20     (7) hospital districts under sections 447.31 to 447.38; 
 10.21     (8) St. Cloud metropolitan transit commission under 
 10.22  sections 458A.01 to 458A.15; 
 10.23     (9) Duluth transit authority under sections 458A.21 to 
 10.24  458A.37; 
 10.25     (10) regional development commissions under sections 
 10.26  462.381 to 462.398; 
 10.27     (11) housing and redevelopment authorities under sections 
 10.28  469.001 to 469.047; 
 10.29     (12) port authorities under sections 469.048 to 469.068; 
 10.30     (13) economic development authorities under sections 
 10.31  469.090 to 469.1081; 
 10.32     (14) metropolitan council under sections 473.122 to 
 10.33  473.249; 
 10.34     (15) regional transit board under sections 473.371 to 
 10.35  473.449; 
 10.36     (16) metropolitan airports commission under sections 
 11.1   473.601 to 473.680; 
 11.2      (17) metropolitan mosquito control commission under 
 11.3   sections 473.701 to 473.716; 
 11.4      (18) Morrison county rural development financing authority 
 11.5   under Laws 1982, chapter 437, section 1; 
 11.6      (19) (18) Croft Historical Park District under Laws 1984, 
 11.7   chapter 502, article 13, section 6; 
 11.8      (20) (19) East Lake county medical clinic district under 
 11.9   Laws 1989, chapter 211, sections 1 to 6; 
 11.10     (21) (20) Floodwood area ambulance district under Laws 
 11.11  1993, chapter 375, article 5, section 39; and 
 11.12     (22) (21) any other political subdivision of the state of 
 11.13  Minnesota, excluding counties, school districts, cities, and 
 11.14  towns, that has the power to adopt and certify a property tax 
 11.15  levy to the county auditor, as determined by the commissioner of 
 11.16  revenue. 
 11.17     Sec. 7.  Minnesota Statutes 1994, section 352.01, 
 11.18  subdivision 2a, is amended to read: 
 11.19     Subd. 2a.  [INCLUDED EMPLOYEES.] (a) "State employee" 
 11.20  includes: 
 11.21     (1) employees of the Minnesota historical society; 
 11.22     (2) employees of the state horticultural society; 
 11.23     (3) employees of the Disabled American Veterans, Department 
 11.24  of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
 11.25  if employed before July 1, 1963; 
 11.26     (4) employees of the Minnesota crop improvement 
 11.27  association; 
 11.28     (5) employees of the adjutant general who are paid from 
 11.29  federal funds and who are not covered by any federal civilian 
 11.30  employees retirement system; 
 11.31     (6) employees of the state universities employed under the 
 11.32  university activities program; 
 11.33     (7) currently contributing employees covered by the system 
 11.34  who are temporarily employed by the legislature during a 
 11.35  legislative session or any currently contributing employee 
 11.36  employed for any special service as defined in clause (8) of 
 12.1   subdivision 2b; 
 12.2      (8) employees of the armory building commission; 
 12.3      (9) permanent employees of the legislature and persons 
 12.4   employed or designated by the legislature or by a legislative 
 12.5   committee or commission or other competent authority to conduct 
 12.6   a special inquiry, investigation, examination, or installation; 
 12.7      (10) trainees who are employed on a full-time established 
 12.8   training program performing the duties of the classified 
 12.9   position for which they will be eligible to receive immediate 
 12.10  appointment at the completion of the training period; 
 12.11     (11) employees of the Minnesota safety council; 
 12.12     (12) any employees on authorized leave of absence from the 
 12.13  transit operating division of the former metropolitan transit 
 12.14  commission who are employed by the labor organization which is 
 12.15  the exclusive bargaining agent representing employees of the 
 12.16  transit operating division; 
 12.17     (13) employees of the metropolitan council, metropolitan 
 12.18  parks and open space commission, metropolitan sports facilities 
 12.19  commission, or the metropolitan mosquito control commission, or 
 12.20  a joint powers board for mosquito abatement in the metropolitan 
 12.21  area, unless excluded or covered by another public pension fund 
 12.22  or plan under section 473.141, subdivision 12, or 473.415, 
 12.23  subdivision 3; 
 12.24     (14) judges of the tax court; and 
 12.25     (15) personnel employed on June 30, 1992, by the University 
 12.26  of Minnesota in the management, operation, or maintenance of its 
 12.27  heating plant facilities, whose employment transfers to an 
 12.28  employer assuming operation of the heating plant facilities, so 
 12.29  long as the person is employed at the University of Minnesota 
 12.30  heating plant by that employer or by its successor organization. 
 12.31     (b) Employees specified in paragraph (a), clause (15), are 
 12.32  included employees under paragraph (a) providing that employer 
 12.33  and employee contributions are made in a timely manner in the 
 12.34  amounts required by section 352.04.  Employee contributions must 
 12.35  be deducted from salary.  Employer contributions are the sole 
 12.36  obligation of the employer assuming operation of the University 
 13.1   of Minnesota heating plant facilities or any successor 
 13.2   organizations to that employer. 
 13.3      Sec. 8.  Minnesota Statutes 1994, section 473.143, 
 13.4   subdivision 1, is amended to read: 
 13.5      Subdivision 1.  [APPLICATION.] For purposes of this 
 13.6   section, "agency" means a metropolitan agency as defined in 
 13.7   section 473.121, except the metropolitan parks and open space 
 13.8   commission.  Agency also means the metropolitan mosquito control 
 13.9   commission.  For purposes of this section, "commissioner" means 
 13.10  the commissioner of the state department of employee relations.  
 13.11     Sec. 9.  Minnesota Statutes 1994, section 473.8011, is 
 13.12  amended to read: 
 13.13     473.8011 [METROPOLITAN AGENCY RECYCLING GOAL.] 
 13.14     By December 31, 1993, the metropolitan council, and each 
 13.15  metropolitan agency, as defined in section 473.121, and the 
 13.16  metropolitan mosquito control district established in section 
 13.17  473.702 shall recycle at least 40 percent by weight of the solid 
 13.18  waste generated by their offices or other operations.  The 
 13.19  council shall provide information and technical assistance to 
 13.20  the agencies and the district to implement effective recycling 
 13.21  programs. 
 13.22     By August 1 of each year, the council, and each agency, and 
 13.23  the district shall submit to the office of waste management a 
 13.24  report for the previous fiscal year describing recycling rates, 
 13.25  specified by the county in which the agency or operation is 
 13.26  located, and progress toward meeting the recycling goal.  The 
 13.27  office shall incorporate the recycling rates reported in the 
 13.28  respective county's recycling rates for the previous fiscal year.
 13.29     If the goal is not met, the council, or agency, or district 
 13.30  must include in its 1994 report reasons for not meeting the goal 
 13.31  and a plan for meeting it in the future. 
 13.32     Sec. 10.  [APPLICATION.] 
 13.33     This article applies in the counties of Anoka, Carver, 
 13.34  Dakota, Hennepin, Ramsey, Scott, and Washington. 
 13.35     Sec. 11.  [EFFECTIVE DATE.] 
 13.36     This article is effective January 1, 1996.