Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 146-H.F.No. 942 
           An act relating to metropolitan government; extending 
          the responsibility of the mosquito control district to 
          disease vectoring ticks; amending Minnesota Statutes 
          1988, sections 473.702; 473.704; and 473.711, 
          subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, 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, disease vectoring ticks, 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 1988, section 473.704, is 
amended to read: 
    473.704 [POWERS AND DUTIES.] 
    Subdivision 1.  The commission shall have the powers and 
duties set forth in this section. 
    Subd. 2.  It may take measures to undertake control 
mosquitoes programs in the district in accordance with expert 
and technical plans. 
    Subd. 3.  It may employ and fix the duties and compensation 
of a director who shall develop the mosquito control program 
programs of the district and shall supervise its execution; such 
director shall be an entomologist. 
    Subd. 4.  It may employ and fix the duties and compensation 
of a business administrator who shall administer the business 
affairs of the commission. 
    Subd. 5.  It may employ such other persons and contract for 
such other services as may be needed to carry out the program of 
the commission for mosquito control programs in the district, 
except that no person may be employed by the commission who is 
related to any commissioner. 
    Subd. 6.  It may reimburse commissioners and employees for 
expenses necessarily incurred or paid in performance of their 
duties and provide reasonable per diem. 
    Subd. 7.  It may purchase materials, supplies, and 
equipment as may be necessary to carry out the program of the 
commission for mosquito control programs in the district. 
    Subd. 8.  It may accept gifts of property for mosquito 
control program purposes. 
    Subd. 9.  It may sell and dispose of any of the property of 
the commission whenever such property is no longer needed for 
the purposes of the commission.  If the estimated value of any 
such property is over $2,500, it shall be sold on competitive 
bids after two weeks published notice. 
    Subd. 10.  It shall keep proper minutes of all its 
proceedings which shall be open to public inspection at all 
reasonable times. 
    Subd. 11.  It shall keep proper and adequate books of 
accounts showing all its receipts and disbursements by date, 
source, and amount. 
    Subd. 12.  It may obtain suitable, proper, and adequate 
public liability and workers' compensation insurance and such 
other insurance as it deems necessary. 
    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 
program activities in these political subdivisions in order to 
effectuate mosquito and black gnat (Simuliidae) control programs 
in the district and subdivisions. 
    Subd. 14.  It may collect and receive from all counties in 
the district the money for operation of the district. 
    Subd. 15.  It may perform whatever other acts are 
reasonable and necessary to carry out the general and specific 
powers of the commission. 
    Subd. 16.  It may require employees of the commission who 
handle commission funds to furnish surety bonds in such amount 
as is determined by the commission. 
    Subd. 17.  Members of the commission, its officers, and 
employees, while on the business of the commission, may enter 
upon any property within or outside the district at reasonable 
times to determine whether mosquito breeding exists the need for 
control programs.  They may take all necessary and proper steps 
for the control of mosquitoes programs on property within the 
district as the director of the commission may designate.  
Subject to the paramount control of the county and state 
authorities, commission members and officers and employees of 
the commission may enter upon any property and clean up any 
stagnant pool of water, the shores of lakes and streams, and 
other breeding places for mosquitoes within the district.  The 
commissioner of natural resources shall allow the commission to 
enter upon state property for the purposes described in this 
subdivision.  The commission may apply insecticides approved by 
the director any area within or outside the district that is 
found to be a breeding place for mosquitoes.  The commission 
shall give reasonable notification to the governing body of the 
local unit of government prior to applying insecticides outside 
of the district on land located within the jurisdiction of the 
local unit of government.  The commission shall not enter upon 
private property if the owner objects except for control of 
disease bearing mosquito encephalitis outbreaks. 
    Subd. 18.  The commission may establish a research program 
to evaluate the effects of mosquito and blackfly control 
programs on other fauna.  The purpose of the program is to 
identify the types and magnitude of the adverse effects of the 
control program on fish and wildlife and associated food chain 
invertebrates.  The commission may conduct research through 
contracts with qualified outside researchers.  The commission 
may finance the research program each year at a level up to 2.5 
percent of its annual budget.  
    Subd. 19.  The commission, by December 15 of each 
even-numbered year, shall prepare and submit to the legislature 
a financial report that contains the information required by 
section 473.1623, subdivision 3, in a format consistent with the 
consolidated financial report required by that subdivision. 
     Subd. 20.  The commission shall consult and cooperate with 
the state department of health in developing management 
techniques to control disease vectoring ticks. 
    Sec. 3.  Minnesota Statutes 1988, section 473.711, 
subdivision 2, is amended to read: 
    Subd. 2.  The metropolitan mosquito control commission 
shall prepare an annual budget.  The budget may provide for 
expenditures in an amount not exceeding the property tax levy 
limitation determined in this subdivision.  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 the property tax 
levy limitation determined in this subdivision.  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 
the county's proportionate share of the property tax levy 
limitation determined under this subdivision based on the ratio 
of its total gross tax capacity to the total gross tax capacity 
of the entire district as adjusted by section 270.12, 
subdivision 3.  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, disease vectoring tick, 
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. 
     The property tax levied by the metropolitan mosquito 
control commission shall not exceed the following amount for the 
years specified: 
     (a) for taxes payable in 1988, the product of six-tenths on 
one mill multiplied by the total assessed valuation of all 
taxable property located within the district as adjusted by the 
provisions of Minnesota Statutes 1986, sections 272.64; 273.13, 
subdivision 7a; and 275.49; 
     (b) for taxes payable in 1989, the product of (1) the 
commission's property tax levy limitation for the taxes payable 
year 1988 determined under clause (a) multiplied by (2) an index 
for market valuation changes equal to the assessment year 1988 
total market valuation of all taxable property located within 
the district divided by the assessment year 1987 total market 
valuation of all taxable property located within the district; 
and 
     (c) for taxes payable in 1990 and subsequent years, the 
product of (1) the commission's property tax levy limitation for 
the previous year determined under this subdivision multiplied 
by (2) an index for market valuation changes equal to the total 
market valuation of all taxable property located within the 
district for the current assessment year divided by the total 
market valuation of all taxable property located within the 
district for the previous assessment year. 
    For the purpose of determining the commission's property 
tax levy limitation for the taxes payable year 1988 and 
subsequent years under this subdivision, "total market 
valuation" means the total market valuation of all taxable 
property within the district without valuation adjustments for 
fiscal disparities (chapter 473F), tax increment financing 
(sections 469.174 to 469.179), and high voltage transmission 
lines (section 273.425). 
     Sec. 4.  [APPLICATION.] 
     This act applies in the counties of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, and Washington. 
    Presented to the governor May 15, 1989 
    Signed by the governor May 16, 1989, 6:28 p.m.