Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 129--H.F.No. 787
           An act relating to metropolitan government; regulating 
          the organization, duties, and powers of the 
          metropolitan mosquito control district and commission; 
          amending Minnesota Statutes 1982, sections 473.702; 
          473.703, subdivisions 1 and 9; 473.704, subdivision 13;
          473.711, subdivision 2; proposing new law coded in 
          Minnesota Statutes, chapter 473. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 473.702, is 
amended to read: 
    473.702 [ESTABLISHMENT OF DISTRICT; PURPOSE; AREA; 
GOVERNING BODY.] 
    A metropolitan mosquito control district is created to 
control mosquitoes and black gnats (Simuliidae) in the 
metropolitan area defined in section 473.121.  The area of the 
district is the metropolitan area excluding the part of Carver 
county west of the west line of township 116N, range 24W, 
township 115N, range 24W, and township 114N, range 24W.  The 
metropolitan mosquito control commission is created as the 
governing body of the district, composed and exercising the 
powers as prescribed in sections 473.701 to 473.716.  
    Sec. 2.  Minnesota Statutes 1982, section 473.703, 
subdivision 1, is amended to read: 
    Subdivision 1.  The district shall be operated by a 
commission which shall consist of two members from each county 
within the district, except that each county within the district 
which has a seven member county board as provided in section 
375.01, shall have one additional member on the commission.  If 
a county is only partly included in the district it shall have 
only one member three members from Anoka county, one member from 
Carver county, three members from Dakota county, three members 
from Hennepin county, three members from Ramsey county, two 
members from Scott county, and two members from Washington 
county.  Commissioners shall be members of the board of county 
commissioners of their respective counties, and shall be 
appointed by their respective boards of county commissioners.  
    Sec. 3.  Minnesota Statutes 1982, section 473.703, 
subdivision 9, is amended to read: 
    Subd. 9.  Each county in the district shall have one vote.  
Each commissioner shall have one-half one vote, but if only one 
commissioner from a county is present, he shall have one full 
vote.  The majority of the voting power of the commission shall 
be a quorum although a smaller number may adjourn from time to 
time.  Any motion other than adjournment shall be favored by a 
majority of the voting power of the commission in order to carry.
    Sec. 4.  Minnesota Statutes 1982, section 473.704, 
subdivision 13, is amended to read: 
    Subd. 13.  It may enter into agreements with counties, 
cities or towns of the state of Minnesota outside of the 
district to conduct mosquito and black gnat (Simuliidae) control 
activities in these political subdivisions in order to 
effectuate mosquito and black gnat (Simuliidae) control in the 
district and subdivisions. 
    Sec. 5.  Minnesota Statutes 1982, section 473.711, 
subdivision 2, is amended to read: 
    Subd. 2.  The commission shall prepare an annual budget. 
The budget may provide for expenditures in an amount not 
exceeding six-tenths of one mill times the current assessed 
valuation of the district.  The commission may levy a tax on all 
taxable property in the district as defined in section 473.702 
to provide funds for the purposes of sections 473.701 to 
473.716.  The tax shall not exceed six-tenths of one mill.  A 
participating county may agree to levy an additional tax to be 
used by the commission for the purposes of sections 473.701 to 
473.716 but the sum of the county's and commission's taxes may 
not exceed six-tenths of one mill in any county.  The auditor of 
each county in the district shall add the amount of the levy 
made by the district to other taxes of the county for collection 
by the county treasurer with other taxes.  When collected, the 
county treasurer shall make settlement of the tax with the 
district in the same manner as other taxes are distributed to 
political subdivisions.  No county shall levy any tax for 
mosquito and black gnat (Simuliidae) control except under 
sections 473.701 to 473.716.  The levy shall be in addition to 
other taxes authorized by law and shall be disregarded in the 
calculation of limits on taxes imposed by chapter 275. 
    Sec. 6.  [473.712] [WITHDRAWAL; ASSETS.] 
    A county may terminate its participation in the district 
only as provided by other law.  If a county terminates its 
participation in the district, an appraisal of the property of 
the commission shall be made by a board of appraisers and the 
value determined as of the termination date.  The board shall be 
three members, one appointed by the terminated county, one by 
the remaining counties within the district, and the third by the 
first two.  If the first two appraisers cannot agree to the 
appointment of the third appraiser within 30 days, the 
commission shall appoint the third appraiser.  An amount equal 
to the withdrawing county's share in the net assets of the 
commission proportionate to its financial contribution to the 
metropolitan mosquito control fund shall be paid to the 
treasurer of the terminated county.  If a participating county 
furnishes specific funds and materials to be used in special 
projects, they shall be returned to it.  If the district is 
dissolved, all property of the commission shall be sold and the 
proceeds remaining after the payment of the debts, obligations, 
and liabilities of the district, along with any balance in the 
fund, shall be paid to the counties which are members of the 
district in proportion to their financial contributions.  
    Sec. 7.  [APPLICATION.] 
    This act applies in the counties of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, and Washington.  
    Sec. 8.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved May 10, 1983