SF 415

as introduced - 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; providing for conflicts of interests and 
  1.5             ethical practices of members or permanent employees of 
  1.6             any joint powers mosquito abatement board formed in 
  1.7             the metropolitan area; providing penalties; 
  1.8             appropriating money; amending Minnesota Statutes 1994, 
  1.9             sections 3.9741, subdivision 1; 16B.122, subdivisions 
  1.10            1 and 3; 270.12, subdivision 3; 275.065, subdivision 
  1.11            3; 275.066; 352.01, subdivision 2a; 473.143, 
  1.12            subdivision 1; and 473.8011; proposing coding for new 
  1.13            law in Minnesota Statutes, chapter 473; repealing 
  1.14            Minnesota Statutes 1994, sections 473.701; 473.702; 
  1.15            473.703; 473.704; 473.705; 473.706; 473.711; 473.712; 
  1.16            473.714; 473.715; and 473.716. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1994, section 3.9741, 
  1.19  subdivision 1, is amended to read: 
  1.20     Subdivision 1.  [METROPOLITAN COMMISSION.] Upon the audit 
  1.21  of the financial accounts and affairs of a commission under 
  1.22  section 473.595, or 473.604, or 473.703, the affected 
  1.23  metropolitan commission is liable to the state for the total 
  1.24  cost and expenses of the audit, including the salaries paid to 
  1.25  the examiners while actually engaged in making the examination.  
  1.26  The legislative auditor may bill the metropolitan commission 
  1.27  either monthly or at the completion of the audit.  All 
  1.28  collections received for the audits must be deposited in the 
  1.29  general fund.  
  1.30     Sec. 2.  Minnesota Statutes 1994, section 16B.122, 
  1.31  subdivision 1, is amended to read: 
  2.1      Subdivision 1.  [DEFINITIONS.] The definitions in this 
  2.2   subdivision apply to this section. 
  2.3      (a) "Copier paper" means paper purchased for use in copying 
  2.4   machines. 
  2.5      (b) "Office paper" means notepads, loose-leaf fillers, 
  2.6   tablets, and other paper commonly used in offices. 
  2.7      (c) "Postconsumer material" means a finished material that 
  2.8   would normally be discarded as a solid waste, having completed 
  2.9   its life cycle as a consumer item. 
  2.10     (d) "Practicable" means capable of being used, consistent 
  2.11  with performance, in accordance with applicable specifications, 
  2.12  and availability within a reasonable time. 
  2.13     (e) "Printing paper" means paper designed for printing, 
  2.14  other than newsprint, such as offset and publication paper. 
  2.15     (f) "Public entity" means the state, an office, agency, or 
  2.16  institution of the state, the metropolitan council, a 
  2.17  metropolitan agency, the metropolitan mosquito control district 
  2.18  a joint powers board for mosquito abatement in the metropolitan 
  2.19  area, the legislature, the courts, a county, a statutory or home 
  2.20  rule charter city, a town, a school district, another special 
  2.21  taxing district, or any contractor acting pursuant to a contract 
  2.22  with a public entity. 
  2.23     (g) "Soy-based ink" means printing ink made from soy oil. 
  2.24     (h) "Uncoated" means not coated with plastic, clay, or 
  2.25  other material used to create a glossy finish. 
  2.26     Sec. 3.  Minnesota Statutes 1994, section 16B.122, 
  2.27  subdivision 3, is amended to read: 
  2.28     Subd. 3.  [PUBLIC ENTITY PURCHASING.] (a) Notwithstanding 
  2.29  section 365.37, 375.21, or 412.311, or 473.705, a public entity 
  2.30  may purchase recycled materials when the price of the recycled 
  2.31  materials does not exceed the price of nonrecycled materials by 
  2.32  more than ten percent.  In order to maximize the quantity and 
  2.33  quality of recycled materials purchased, a public entity also 
  2.34  may use other appropriate procedures to acquire recycled 
  2.35  materials at the most economical cost to the public entity. 
  2.36     (b) When purchasing commodities and services, a public 
  3.1   entity shall apply and promote the preferred waste management 
  3.2   practices listed in section 115A.02, with special emphasis on 
  3.3   reduction of the quantity and toxicity of materials in waste.  A 
  3.4   public entity, in developing bid specifications, shall consider 
  3.5   the extent to which a commodity or product is durable, reusable, 
  3.6   or recyclable and marketable through the applicable local or 
  3.7   regional recycling program and the extent to which the commodity 
  3.8   or product contains postconsumer material. 
  3.9      Sec. 4.  Minnesota Statutes 1994, section 270.12, 
  3.10  subdivision 3, is amended to read: 
  3.11     Subd. 3.  [JURISDICTIONS IN TWO OR MORE COUNTIES.] When a 
  3.12  taxing jurisdiction lies in two or more counties, if the sales 
  3.13  ratio studies prepared by the department of revenue show that 
  3.14  the average levels of assessment in the several portions of the 
  3.15  taxing jurisdictions in the different counties differ by more 
  3.16  than five percent, the board may order the apportionment of the 
  3.17  levy.  When the sales ratio studies prepared by the department 
  3.18  of revenue show that the average levels of assessment in the 
  3.19  several portions of the taxing jurisdictions in the different 
  3.20  counties differ by more than ten percent, the board shall order 
  3.21  the apportionment of the levy unless (a) the proportion of total 
  3.22  adjusted gross tax capacity in one of the counties is less than 
  3.23  ten percent of the total adjusted gross tax capacity in the 
  3.24  taxing jurisdiction and the average level of assessment in that 
  3.25  portion of the taxing jurisdiction is the level which differs by 
  3.26  more than five percent from the assessment level in any one of 
  3.27  the other portions of the taxing jurisdiction; (b) significant 
  3.28  changes have been made in the level of assessment in the taxing 
  3.29  jurisdiction which have not been reflected in the sales ratio 
  3.30  study, and those changes alter the assessment levels in the 
  3.31  portions of the taxing jurisdiction so that the assessment level 
  3.32  now differs by five percent or less; or (c) commercial, 
  3.33  industrial, mineral, or public utility property predominates in 
  3.34  one county within the taxing jurisdiction and another class of 
  3.35  property predominates in another county within that same taxing 
  3.36  jurisdiction.  If one or more of these factors are present, the 
  4.1   board may order the apportionment of the levy.  
  4.2      Notwithstanding any other provision, the levy for the 
  4.3   metropolitan mosquito control district, metropolitan council, 
  4.4   metropolitan transit district, and metropolitan transit area 
  4.5   must be apportioned without regard to the percentage difference. 
  4.6      If, pursuant to this subdivision, the board apportions the 
  4.7   levy, then that levy apportionment among the portions in the 
  4.8   different counties shall be made in the same proportion as the 
  4.9   adjusted gross tax capacity as determined by the commissioner in 
  4.10  each portion is to the total adjusted gross tax capacity of the 
  4.11  taxing jurisdiction. 
  4.12     For the purposes of this section, the average level of 
  4.13  assessment in a taxing jurisdiction or portion thereof shall be 
  4.14  the aggregate assessment sales ratio.  Gross tax capacities as 
  4.15  determined by the commissioner shall be the gross tax capacities 
  4.16  as determined for the year preceding the year in which the levy 
  4.17  to be apportioned is levied. 
  4.18     Actions pursuant to this subdivision shall be commenced 
  4.19  subsequent to the annual meeting on April 15 of the state board 
  4.20  of equalization, but notice of the action shall be given to the 
  4.21  affected jurisdiction and the appropriate county auditors by the 
  4.22  following June 30. 
  4.23     Apportionment of a levy pursuant to this subdivision shall 
  4.24  be considered as a remedy to be taken after equalization 
  4.25  pursuant to subdivision 2, and when equalization within the 
  4.26  jurisdiction would disturb equalization within other 
  4.27  jurisdictions of which the several portions of the jurisdiction 
  4.28  in question are a part. 
  4.29     Sec. 5.  Minnesota Statutes 1994, section 275.065, 
  4.30  subdivision 3, is amended to read: 
  4.31     Subd. 3.  [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 
  4.32  county auditor shall prepare and the county treasurer shall 
  4.33  deliver after November 10 and on or before November 24 each 
  4.34  year, by first class mail to each taxpayer at the address listed 
  4.35  on the county's current year's assessment roll, a notice of 
  4.36  proposed property taxes and, in the case of a town, final 
  5.1   property taxes.  
  5.2      (b) The commissioner of revenue shall prescribe the form of 
  5.3   the notice. 
  5.4      (c) The notice must inform taxpayers that it contains the 
  5.5   amount of property taxes each taxing authority other than a town 
  5.6   proposes to collect for taxes payable the following year and, 
  5.7   for a town, the amount of its final levy.  It must clearly state 
  5.8   that each taxing authority, including regional library districts 
  5.9   established under section 134.201, and including the 
  5.10  metropolitan taxing districts as defined in paragraph (i), but 
  5.11  excluding all other special taxing districts and towns, will 
  5.12  hold a public meeting to receive public testimony on the 
  5.13  proposed budget and proposed or final property tax levy, or, in 
  5.14  case of a school district, on the current budget and proposed 
  5.15  property tax levy.  It must clearly state the time and place of 
  5.16  each taxing authority's meeting and an address where comments 
  5.17  will be received by mail.  The notice must include the estimated 
  5.18  percentage increase in Minnesota personal income, provided by 
  5.19  the commissioner of revenue under section 275.064, in a way to 
  5.20  facilitate comparison of the proposed budget and levy increases 
  5.21  with the increase in personal income.  For 1993, the notice must 
  5.22  clearly state that each taxing authority holding a public 
  5.23  meeting will describe the increases or decreases of the total 
  5.24  budget, including employee and independent contractor 
  5.25  compensation in the prior year, current year, and the proposed 
  5.26  budget year.  
  5.27     (d) The notice must state for each parcel: 
  5.28     (1) the market value of the property as determined under 
  5.29  section 273.11, and used for computing property taxes payable in 
  5.30  the following year and for taxes payable in the current year; 
  5.31  and, in the case of residential property, whether the property 
  5.32  is classified as homestead or nonhomestead.  The notice must 
  5.33  clearly inform taxpayers of the years to which the market values 
  5.34  apply and that the values are final values; 
  5.35     (2) by county, city or town, school district excess 
  5.36  referenda levy, remaining school district levy, regional library 
  6.1   district, if in existence, the total of the metropolitan special 
  6.2   taxing districts as defined in paragraph (i) and the sum of the 
  6.3   remaining special taxing districts, and as a total of the taxing 
  6.4   authorities, including all special taxing districts, the 
  6.5   proposed or, for a town, final net tax on the property for taxes 
  6.6   payable the following year and the actual tax for taxes payable 
  6.7   the current year.  For the purposes of this subdivision, "school 
  6.8   district excess referenda levy" means school district taxes for 
  6.9   operating purposes approved at referendums, including those 
  6.10  taxes based on net tax capacity as well as those based on market 
  6.11  value.  "School district excess referenda levy" does not include 
  6.12  school district taxes for capital expenditures approved at 
  6.13  referendums or school district taxes to pay for the debt service 
  6.14  on bonds approved at referenda.  In the case of the city of 
  6.15  Minneapolis, the levy for the Minneapolis library board and the 
  6.16  levy for Minneapolis park and recreation shall be listed 
  6.17  separately from the remaining amount of the city's levy.  In the 
  6.18  case of a parcel where tax increment or the fiscal disparities 
  6.19  areawide tax applies, the proposed tax levy on the captured 
  6.20  value or the proposed tax levy on the tax capacity subject to 
  6.21  the areawide tax must each be stated separately and not included 
  6.22  in the sum of the special taxing districts; and 
  6.23     (3) the increase or decrease in the amounts in clause (2) 
  6.24  from taxes payable in the current year to proposed or, for a 
  6.25  town, final taxes payable the following year, expressed as a 
  6.26  dollar amount and as a percentage. 
  6.27     (e) The notice must clearly state that the proposed or 
  6.28  final taxes do not include the following: 
  6.29     (1) special assessments; 
  6.30     (2) levies approved by the voters after the date the 
  6.31  proposed taxes are certified, including bond referenda, school 
  6.32  district levy referenda, and levy limit increase referenda; 
  6.33     (3) amounts necessary to pay cleanup or other costs due to 
  6.34  a natural disaster occurring after the date the proposed taxes 
  6.35  are certified; 
  6.36     (4) amounts necessary to pay tort judgments against the 
  7.1   taxing authority that become final after the date the proposed 
  7.2   taxes are certified; and 
  7.3      (5) the contamination tax imposed on properties which 
  7.4   received market value reductions for contamination. 
  7.5      (f) Except as provided in subdivision 7, failure of the 
  7.6   county auditor to prepare or the county treasurer to deliver the 
  7.7   notice as required in this section does not invalidate the 
  7.8   proposed or final tax levy or the taxes payable pursuant to the 
  7.9   tax levy. 
  7.10     (g) If the notice the taxpayer receives under this section 
  7.11  lists the property as nonhomestead and the homeowner provides 
  7.12  satisfactory documentation to the county assessor that the 
  7.13  property is owned and has been used as the owner's homestead 
  7.14  prior to June 1 of that year, the assessor shall reclassify the 
  7.15  property to homestead for taxes payable in the following year. 
  7.16     (h) In the case of class 4 residential property used as a 
  7.17  residence for lease or rental periods of 30 days or more, the 
  7.18  taxpayer must either: 
  7.19     (1) mail or deliver a copy of the notice of proposed 
  7.20  property taxes to each tenant, renter, or lessee; or 
  7.21     (2) post a copy of the notice in a conspicuous place on the 
  7.22  premises of the property.  
  7.23     (i) For purposes of this subdivision, subdivisions 5a and 
  7.24  6, "metropolitan special taxing districts" means the following 
  7.25  taxing districts in the seven-county metropolitan area that levy 
  7.26  a property tax for any of the specified purposes listed below: 
  7.27     (1) metropolitan council under section 473.132, 473.167, 
  7.28  473.249, 473.325, 473.446, 473.521, 473.547, or 473.834; and 
  7.29     (2) metropolitan airports commission under section 473.667, 
  7.30  473.671, or 473.672; and 
  7.31     (3) metropolitan mosquito control commission under section 
  7.32  473.711. 
  7.33     For purposes of this section, any levies made by the 
  7.34  regional rail authorities in the county of Anoka, Carver, 
  7.35  Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 
  7.36  398A shall be included with the appropriate county's levy and 
  8.1   shall be discussed at that county's public hearing. 
  8.2      The notice must be mailed or posted by the taxpayer by 
  8.3   November 27 or within three days of receipt of the notice, 
  8.4   whichever is later.  A taxpayer may notify the county treasurer 
  8.5   of the address of the taxpayer, agent, caretaker, or manager of 
  8.6   the premises to which the notice must be mailed in order to 
  8.7   fulfill the requirements of this paragraph. 
  8.8      Sec. 6.  Minnesota Statutes 1994, section 275.066, is 
  8.9   amended to read: 
  8.10     275.066 [SPECIAL TAXING DISTRICTS; DEFINITION.] 
  8.11     For the purposes of property taxation and property tax 
  8.12  state aids, the term "special taxing districts" includes the 
  8.13  following entities: 
  8.14     (1) watershed districts under chapter 103D; 
  8.15     (2) sanitary districts under sections 115.18 to 115.37; 
  8.16     (3) regional sanitary sewer districts under sections 115.61 
  8.17  to 115.67; 
  8.18     (4) regional public library districts under section 
  8.19  134.201; 
  8.20     (5) park districts under chapter 398; 
  8.21     (6) regional railroad authorities under chapter 398A; 
  8.22     (7) hospital districts under sections 447.31 to 447.38; 
  8.23     (8) St. Cloud metropolitan transit commission under 
  8.24  sections 458A.01 to 458A.15; 
  8.25     (9) Duluth transit authority under sections 458A.21 to 
  8.26  458A.37; 
  8.27     (10) regional development commissions under sections 
  8.28  462.381 to 462.398; 
  8.29     (11) housing and redevelopment authorities under sections 
  8.30  469.001 to 469.047; 
  8.31     (12) port authorities under sections 469.048 to 469.068; 
  8.32     (13) economic development authorities under sections 
  8.33  469.090 to 469.1081; 
  8.34     (14) metropolitan council under sections 473.122 to 
  8.35  473.249; 
  8.36     (15) regional transit board under sections 473.371 to 
  9.1   473.449; 
  9.2      (16) metropolitan airports commission under sections 
  9.3   473.601 to 473.680; 
  9.4      (17) metropolitan mosquito control commission under 
  9.5   sections 473.701 to 473.716; 
  9.6      (18) Morrison county rural development financing authority 
  9.7   under Laws 1982, chapter 437, section 1; 
  9.8      (19) (18) Croft Historical Park District under Laws 1984, 
  9.9   chapter 502, article 13, section 6; 
  9.10     (20) (19) East Lake county medical clinic district under 
  9.11  Laws 1989, chapter 211, sections 1 to 6; 
  9.12     (21) (20) Floodwood area ambulance district under Laws 
  9.13  1993, chapter 375, article 5, section 39; and 
  9.14     (22) (21) any other political subdivision of the state of 
  9.15  Minnesota, excluding counties, school districts, cities, and 
  9.16  towns, that has the power to adopt and certify a property tax 
  9.17  levy to the county auditor, as determined by the commissioner of 
  9.18  revenue. 
  9.19     Sec. 7.  Minnesota Statutes 1994, section 352.01, 
  9.20  subdivision 2a, is amended to read: 
  9.21     Subd. 2a.  [INCLUDED EMPLOYEES.] (a) "State employee" 
  9.22  includes: 
  9.23     (1) employees of the Minnesota historical society; 
  9.24     (2) employees of the state horticultural society; 
  9.25     (3) employees of the Disabled American Veterans, Department 
  9.26  of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
  9.27  if employed before July 1, 1963; 
  9.28     (4) employees of the Minnesota crop improvement 
  9.29  association; 
  9.30     (5) employees of the adjutant general who are paid from 
  9.31  federal funds and who are not covered by any federal civilian 
  9.32  employees retirement system; 
  9.33     (6) employees of the state universities employed under the 
  9.34  university activities program; 
  9.35     (7) currently contributing employees covered by the system 
  9.36  who are temporarily employed by the legislature during a 
 10.1   legislative session or any currently contributing employee 
 10.2   employed for any special service as defined in clause (8) of 
 10.3   subdivision 2b; 
 10.4      (8) employees of the armory building commission; 
 10.5      (9) permanent employees of the legislature and persons 
 10.6   employed or designated by the legislature or by a legislative 
 10.7   committee or commission or other competent authority to conduct 
 10.8   a special inquiry, investigation, examination, or installation; 
 10.9      (10) trainees who are employed on a full-time established 
 10.10  training program performing the duties of the classified 
 10.11  position for which they will be eligible to receive immediate 
 10.12  appointment at the completion of the training period; 
 10.13     (11) employees of the Minnesota safety council; 
 10.14     (12) any employees on authorized leave of absence from the 
 10.15  transit operating division of the former metropolitan transit 
 10.16  commission who are employed by the labor organization which is 
 10.17  the exclusive bargaining agent representing employees of the 
 10.18  transit operating division; 
 10.19     (13) employees of the metropolitan council, metropolitan 
 10.20  parks and open space commission, metropolitan sports facilities 
 10.21  commission, or the metropolitan mosquito control commission, or 
 10.22  a joint powers board for mosquito abatement in the metropolitan 
 10.23  area, unless excluded or covered by another public pension fund 
 10.24  or plan under section 473.141, subdivision 12, or 473.415, 
 10.25  subdivision 3; 
 10.26     (14) judges of the tax court; and 
 10.27     (15) personnel employed on June 30, 1992, by the University 
 10.28  of Minnesota in the management, operation, or maintenance of its 
 10.29  heating plant facilities, whose employment transfers to an 
 10.30  employer assuming operation of the heating plant facilities, so 
 10.31  long as the person is employed at the University of Minnesota 
 10.32  heating plant by that employer or by its successor organization. 
 10.33     (b) Employees specified in paragraph (a), clause (15), are 
 10.34  included employees under paragraph (a) providing that employer 
 10.35  and employee contributions are made in a timely manner in the 
 10.36  amounts required by section 352.04.  Employee contributions must 
 11.1   be deducted from salary.  Employer contributions are the sole 
 11.2   obligation of the employer assuming operation of the University 
 11.3   of Minnesota heating plant facilities or any successor 
 11.4   organizations to that employer. 
 11.5      Sec. 8.  Minnesota Statutes 1994, section 473.143, 
 11.6   subdivision 1, is amended to read: 
 11.7      Subdivision 1.  [APPLICATION.] For purposes of this 
 11.8   section, "agency" means a metropolitan agency as defined in 
 11.9   section 473.121, except the metropolitan parks and open space 
 11.10  commission.  Agency also means the metropolitan a joint powers 
 11.11  mosquito control commission abatement board formed under section 
 11.12  473.718.  For purposes of this section, "commissioner" means the 
 11.13  commissioner of the state department of employee relations.  
 11.14     Sec. 9.  [473.718] [MOSQUITO ABATEMENT JOINT POWERS BOARD.] 
 11.15     Mosquito abatement may be provided in the metropolitan area 
 11.16  as provided in sections 18.041 to 18.161, except that any 
 11.17  mosquito abatement provided shall be under the control and 
 11.18  direction of one board representing all local governments in the 
 11.19  metropolitan area that want to provide mosquito abatement.  The 
 11.20  board shall be formed and operate under a joint powers 
 11.21  agreement.  If there is a joint powers mosquito abatement board, 
 11.22  a local government must be permitted to join the board and may 
 11.23  not provide mosquito abatement except through the board. 
 11.24     Sec. 10.  [473.719] [BOARD POWERS; LIMITS.] 
 11.25     A joint powers mosquito abatement board formed in the 
 11.26  metropolitan area shall not enter on private property if the 
 11.27  owner objects, except for control of disease-bearing mosquito 
 11.28  encephalitis outbreaks. 
 11.29     Sec. 11.  [473.720] [CONFLICT OF INTEREST; ETHICAL 
 11.30  PRACTICES.] 
 11.31     Subdivision 1.  [APPLICATION.] This section only applies to 
 11.32  a joint powers board that provides for mosquito abatement in the 
 11.33  metropolitan area. 
 11.34     Subd. 2.  [CONFLICTS OF INTEREST.] (a) A board member or 
 11.35  employee who in the discharge of official duties would be 
 11.36  required to take an action or make a decision that would 
 12.1   substantially affect the member's or employee's financial 
 12.2   interests or those of an associated business, as defined in 
 12.3   section 10A.01, subdivision 4, unless the effect on the member 
 12.4   or employee is no greater than on other members of the member's 
 12.5   or employee's business classification, profession, or 
 12.6   occupation, shall: 
 12.7      (1) prepare a written statement describing the matter 
 12.8   requiring action or decision and the nature of the potential 
 12.9   conflict of interest; and 
 12.10     (2) deliver copies of the statement to the employee's 
 12.11  immediate superior, if any, or the board. 
 12.12     If a potential conflict of interest presents itself and 
 12.13  there is insufficient time to comply with clauses (1) and (2), 
 12.14  the member or employee shall orally inform the superior or the 
 12.15  board of the potential conflict.  
 12.16     (b) The superior or the board shall assign the matter, if 
 12.17  possible, to another employee who does not have a potential 
 12.18  conflict of interest.  The board may, at a member's request, 
 12.19  excuse the member from taking part in the action or decision in 
 12.20  question.  If the member is not permitted or is otherwise unable 
 12.21  to abstain from action in connection with the matter, the member 
 12.22  shall file a statement with the board describing the potential 
 12.23  conflict and the action taken.  The statement must be filed 
 12.24  within a week of the action taken. 
 12.25     Subd. 3.  [STATEMENTS OF ECONOMIC INTEREST.] (a) Each 
 12.26  member and permanent employee shall file a statement of economic 
 12.27  interest with the board within 60 days of accepting employment 
 12.28  by the board or becoming a board member. 
 12.29     (b) The board shall notify the county auditor for the 
 12.30  county in which the individual resides of the name of the 
 12.31  individual who has filed a statement of economic interest with 
 12.32  the board, a copy of the statement, and the date on which the 
 12.33  statement was filed. 
 12.34     (c) A statement of economic interest required by this 
 12.35  subdivision shall be on a form prescribed by the board.  The 
 12.36  individual filing shall provide the following information: 
 13.1      (1) name, address, occupation, and principal place of 
 13.2   business; 
 13.3      (2) the name of each associated business, as defined in 
 13.4   section 10A.01, subdivision 4, and the nature of that 
 13.5   association; 
 13.6      (3) a listing of all real property within the state, 
 13.7   excluding homestead property, in which the individual holds:  
 13.8   (i) a fee simple interest, a mortgage, a contract for deed as 
 13.9   buyer or seller, or an option to buy, whether direct or 
 13.10  indirect, and which interest is valued in excess of $2,500; or 
 13.11  (ii) an option to buy, which property has a fair market value of 
 13.12  $50,000 or more; 
 13.13     (4) a listing of all real property within the state in 
 13.14  which a partnership of which the individual is a member holds: 
 13.15  (i) a fee simple interest, a mortgage, a contract for deed as 
 13.16  buyer or seller, or an option to buy, whether direct or 
 13.17  indirect, if the individual's share of the partnership interest 
 13.18  is valued in excess of $2,500; or (ii) an option to buy, which 
 13.19  property has a fair market value of $50,000 or more.  Any 
 13.20  listing under this clause or clause (3) shall indicate the 
 13.21  street address and the municipality or the section, township, 
 13.22  range, and approximate acreage, whichever applies, and the 
 13.23  county wherein the property is located; and 
 13.24     (5) a listing of any investments, ownership, or interests 
 13.25  in property connected with pari-mutuel horse racing in the 
 13.26  United States and Canada, including a race horse, in which the 
 13.27  individual directly or indirectly holds a partial or full 
 13.28  interest or an immediate family member holds a partial or full 
 13.29  interest. 
 13.30     (d) Each individual who is required to file a statement of 
 13.31  economic interest shall file a supplementary statement on April 
 13.32  15 of each year that the individual remains in office.  The 
 13.33  statement shall include a space for each category of information 
 13.34  in which the individual may indicate that no change in 
 13.35  information has occurred since the previous statement.  The 
 13.36  supplementary statement shall include the amount of each 
 14.1   honorarium in excess of $50 received since the previous 
 14.2   statement, together with the name and address of the source of 
 14.3   the honorarium. 
 14.4      (e) The board shall maintain statements filed with it under 
 14.5   this subdivision as public data. 
 14.6      (f) The board shall notify by certified mail or personal 
 14.7   service any individual who fails within the prescribed time to 
 14.8   file a statement of economic interest required by this section.  
 14.9   If an individual fails to file a statement within seven days 
 14.10  after receiving this notice, the board may impose a late filing 
 14.11  fee of $5 per day, not to exceed $100, commencing on the eighth 
 14.12  day after receiving notice.  The board shall further notify by 
 14.13  certified mail or personal service any individual who fails to 
 14.14  file a statement within 21 days after receiving a first notice 
 14.15  that the individual may be subject to a criminal penalty for 
 14.16  failure to file a statement.  An individual who fails to file a 
 14.17  statement within seven days after a second notice is guilty of a 
 14.18  misdemeanor. 
 14.19     (g) Any member or employee who is required to file a 
 14.20  statement of economic interest and fails to do so by the 
 14.21  prescribed deadline shall be suspended without pay by the board 
 14.22  in the manner prescribed in the contested case procedures in 
 14.23  chapter 14. 
 14.24     Subd. 4.  [CODE OF ETHICS FOR JOINT POWERS MOSQUITO 
 14.25  ABATEMENT BOARD EMPLOYEES.] (a) For the purpose of this 
 14.26  subdivision, the following definitions shall apply. 
 14.27     (1) "Business" means any corporation, partnership, 
 14.28  proprietorship, firm, enterprise, franchise, association, 
 14.29  organization, self-employed individual, or any other legal 
 14.30  entity which engages either in nonprofit or profit-making 
 14.31  activities. 
 14.32     (2) "Confidential information" means any information 
 14.33  obtained under government authority which has not become part of 
 14.34  the body of public information and which, if released 
 14.35  prematurely or in nonsummary form, may provide unfair economic 
 14.36  advantage or adversely affect the competitive position of an 
 15.1   individual or a business. 
 15.2      (3) "Private interest" means any interest, including, but 
 15.3   not limited to, a financial interest, which pertains to a person 
 15.4   or business whereby the person or business would gain a benefit, 
 15.5   privilege, exemption, or advantage from the action of the 
 15.6   mosquito abatement board or employee that is not available to 
 15.7   the general public. 
 15.8      (b) Employees in the course of or in relation to their 
 15.9   official duties shall not directly or indirectly receive or 
 15.10  agree to receive any payment of expense, compensation, gift, 
 15.11  reward, gratuity, favor, service, or promise of future 
 15.12  employment or other future benefit from any source, except the 
 15.13  board, for any activity related to the duties of the employee 
 15.14  unless otherwise provided by law.  However, the acceptance of 
 15.15  any of the following shall not be a violation of this 
 15.16  subdivision: 
 15.17     (1) gifts of nominal value or gifts or textbooks which may 
 15.18  be accepted pursuant to section 15.43; 
 15.19     (2) plaques or similar mementos recognizing individual 
 15.20  services in a field of specialty or to a charitable cause; 
 15.21     (3) payment of reimbursement expenses for travel or meals, 
 15.22  not to exceed actual expenses incurred, which are not reimbursed 
 15.23  by the board and which have been approved in advance by the 
 15.24  board as part of the work assignment; or 
 15.25     (4) honoraria or expenses paid for papers, talks, 
 15.26  demonstrations, or appearances made by employees on their own 
 15.27  time for which they are not compensated by the board. 
 15.28     (c) An employee shall not use confidential information to 
 15.29  further the employee's private interest and shall not accept 
 15.30  outside employment or involvement in a business or activity that 
 15.31  will require the employee to disclose or use confidential 
 15.32  information. 
 15.33     (d) An employee shall not use or allow the use of board 
 15.34  time, supplies, or board-owned or leased property and equipment 
 15.35  for the employee's private interests or any other use not in the 
 15.36  interest of the board, except as provided by law. 
 16.1      (e) The following actions by an employee shall be deemed a 
 16.2   conflict of interest and subject to procedures regarding 
 16.3   resolution of the conflicts or disciplinary action, as 
 16.4   appropriate: 
 16.5      (1) use or attempted use of the employee's official 
 16.6   position to secure benefits, privileges, exemptions, or 
 16.7   advantages for the employee or the employee's immediate family 
 16.8   or an organization with which the employee is associated which 
 16.9   are different from those available to the general public; 
 16.10     (2) acceptance of other employment or contractual 
 16.11  relationship that will affect the employee's independence of 
 16.12  judgment in the exercise of official duties; 
 16.13     (3) actions as an agent or attorney in any action or matter 
 16.14  pending before the employing agency, except in the proper 
 16.15  discharge of official duties or on the employee's behalf; or 
 16.16     (4) the solicitation of a financial agreement for the 
 16.17  employee or entity other than the board when the board is 
 16.18  currently engaged in the provision of the services which are the 
 16.19  subject of the agreement or where the board has expressed an 
 16.20  intention to engage in competition for the provision of the 
 16.21  services, unless the board waives this clause. 
 16.22     (f) When an employee believes the potential for a conflict 
 16.23  of interest exists, it is the employee's duty to avoid the 
 16.24  situation.  A conflict of interest shall be deemed to exist when 
 16.25  a review of the situation by the employee or the board 
 16.26  determines any one of the following conditions to be present: 
 16.27     (1) the use for private gain or advantage of board time, 
 16.28  facilities, equipment, or supplies or badge, uniform, prestige, 
 16.29  or influence of state office or employment; 
 16.30     (2) receipt or acceptance by the employee of any money or 
 16.31  other thing of value from anyone other than the board for the 
 16.32  performance of an act which the employee would be required or 
 16.33  expected to perform in the regular course or hours of board 
 16.34  employment or as part of the duties as an employee; 
 16.35     (3) employment by a business which is subject to the direct 
 16.36  or indirect control, inspection, review, audit, or enforcement 
 17.1   by the employee; 
 17.2      (4) the performance of an act in other than the employee's 
 17.3   official capacity which may later be subject directly or 
 17.4   indirectly to the control, inspection, review, audit, or 
 17.5   enforcement by the employee.  
 17.6      (g) If the employee or board determines that a conflict of 
 17.7   interest exists, the matter shall be assigned to another 
 17.8   employee who does not have a conflict of interest.  If it is not 
 17.9   possible to assign the matter to an employee who does not have a 
 17.10  conflict of interest, interested persons shall be notified of 
 17.11  the conflict and the employee may proceed with the assignment. 
 17.12     (h) This subdivision shall not be interpreted to apply to 
 17.13  any activity which is protected by sections 179A.01 to 179A.25 
 17.14  and collective bargaining agreements and practices thereunder, 
 17.15  nor to prevent a current or former employee from accepting 
 17.16  employment with a labor or employee organization representing 
 17.17  employees. 
 17.18     Sec. 12.  [TRANSITION.] 
 17.19     Subdivision 1.  [CESSATION OF BUSINESS; DISTRIBUTION OF 
 17.20  ASSETS.] Notwithstanding Minnesota Statutes, sections 473.701 to 
 17.21  473.716, on the effective date of this subdivision, the 
 17.22  metropolitan mosquito control district shall cease operations.  
 17.23  Within one year of the effective date of this subdivision, the 
 17.24  metropolitan mosquito control commission shall sell all property 
 17.25  of the commission and district.  The proceeds remaining after 
 17.26  payment of the debts, obligations, and liabilities of the 
 17.27  district, along with any balance in the metropolitan mosquito 
 17.28  control fund, shall be paid to the counties which are members of 
 17.29  the district in proportion to their financial contributions. 
 17.30     Subd. 2.  [MOSQUITO ABATEMENT; JOINT POWERS.] On the 
 17.31  effective date of this subdivision, towns, statutory and home 
 17.32  rule charter cities, and counties in the metropolitan area may 
 17.33  provide for mosquito abatement as provided in Minnesota 
 17.34  Statutes, section 473.718.  Towns, statutory and home rule 
 17.35  charter cities, and counties in the metropolitan area that 
 17.36  determine to provide for mosquito abatement shall enter into an 
 18.1   agreement under section 471.59 for the purpose of mosquito 
 18.2   abatement, as provided in section 473.718. 
 18.3      Subd. 3.  [LEVIES.] The district may not levy under 
 18.4   Minnesota Statutes, section 473.711, for taxes payable in 1996 
 18.5   or any later year.  Any town, statutory or home rule charter 
 18.6   city, or county in the metropolitan area that has established a 
 18.7   mosquito abatement board or joined a joint powers mosquito 
 18.8   abatement board may levy for mosquito abatement for taxes 
 18.9   payable beginning in 1996. 
 18.10     Subd. 4.  [APPROPRIATION TRANSFER 1996.] The counties shall 
 18.11  transfer to the district the appropriation made in 1996 under 
 18.12  section 14. 
 18.13     Sec. 13.  Minnesota Statutes 1994, section 473.8011, is 
 18.14  amended to read: 
 18.15     473.8011 [METROPOLITAN AGENCY RECYCLING GOAL.] 
 18.16     By December 31, 1993, the metropolitan council, and each 
 18.17  metropolitan agency, as defined in section 473.121, and the 
 18.18  metropolitan mosquito control district established in section 
 18.19  473.702 shall recycle at least 40 percent by weight of the solid 
 18.20  waste generated by their offices or other operations.  The 
 18.21  council shall provide information and technical assistance to 
 18.22  the agencies and the district to implement effective recycling 
 18.23  programs. 
 18.24     By August 1 of each year, the council, and each agency, and 
 18.25  the district shall submit to the office of waste management a 
 18.26  report for the previous fiscal year describing recycling rates, 
 18.27  specified by the county in which the agency or operation is 
 18.28  located, and progress toward meeting the recycling goal.  The 
 18.29  office shall incorporate the recycling rates reported in the 
 18.30  respective county's recycling rates for the previous fiscal year.
 18.31     If the goal is not met, the council, or agency, or district 
 18.32  must include in its 1994 report reasons for not meeting the goal 
 18.33  and a plan for meeting it in the future. 
 18.34     Sec. 14.  [APPROPRIATION.] 
 18.35     $....... is appropriated annually from the general fund to 
 18.36  the county of Anoka.  $....... is appropriated annually from the 
 19.1   general fund to the county of Carver.  $....... is appropriated 
 19.2   annually from the general fund to the county of Dakota.  
 19.3   $....... is appropriated annually from the general fund to the 
 19.4   county of Hennepin.  $....... is appropriated annually from the 
 19.5   general fund to the county of Ramsey.  $....... is appropriated 
 19.6   annually from the general fund to the county of Scott.  $....... 
 19.7   is appropriated annually from the general fund to the county of 
 19.8   Washington. 
 19.9      Sec. 15.  [APPLICATION.] 
 19.10     This act applies in the counties of Anoka, Carver, Dakota, 
 19.11  Hennepin, Ramsey, Scott, and Washington. 
 19.12     Sec. 16.  [REPEALER.] 
 19.13     Minnesota Statutes 1994, sections 473.701; 473.702; 
 19.14  473.703; 473.704; 473.705; 473.706; 473.711; 473.712; 473.714; 
 19.15  473.715; and 473.716, are repealed. 
 19.16     Sec. 17.  [EFFECTIVE DATES.] 
 19.17     Sections 1 and 16 are effective January 1, 1997.  Section 
 19.18  14 is effective July 1, 1996.  Sections 13, subdivision 3; and 
 19.19  15 are effective June 1, 1995.  The remainder of this act is 
 19.20  effective January 1, 1996.