|
Township expenditures authorized
<br />Chapter 166 (HF 2636*/SF 2807) authorizes certain
<br />expenditures by townships. Section 1 amends Minn. Stat.
<br />§ 365.10, subd. 8 by removing a requirement that the
<br />amount of money spent by a township board to purchase
<br />park land must be approved by referendum. Language
<br />that restricts a township board frotn purchasing park land
<br />without explicit voter approval is preserved. Section 2
<br />amends Minn. Stat. § 365.10, subd.l2 by allowing voters
<br />in a township to approve expenditures to recognize vol-
<br />unteers,service efforts, and retiring town officers, or to
<br />host or support a community celebration. Effective
<br />Aug. 1, 2008. (AF)
<br />~.,,~ Conflict of interest rules for local economic devel-
<br />opment authorities
<br />Chapter 197 (HF 3295/SF 2806*) clarifies conflict of
<br />interest rules for local economic development authorities
<br />by amending Minn. Stat. § 469.098. It requires a com-
<br />missioner or employee to submit a statement to the other
<br />commissioners of the economic development author-
<br />ity prior to taking action or making a decision that would
<br />substantially affect the financial interest of the cottuius-
<br />sioner, an employee, or an associated organization.The new
<br />law provides that a person who fails to submit a state-
<br />ment, omits required information, or knowingly subnuts
<br />a statement with false information is guilty of a misde-
<br />meanor.The employee's superior is tasked with reassilming
<br />the employee's duty when there is a potential conflict of
<br />interest, and the law states that any individual who know-
<br />ingly violates the subdivision is guilty of a misdemeanor.
<br />The new law prohibits a comnussioner or employee
<br />from appearing before a court or government agency as
<br />an agent for anyone other than the economic develop-
<br />ment authority in connection with specified instances in
<br />which the authority is substantially interested for one year
<br />after ternunation of employment. Additionally, a commis-
<br />sioner or etployee is prohibited from receiving financial
<br />assistance or financing for real property other than rental
<br />assistance programs more than once.The county attor-
<br />ney is authorized to seek an injunction in district court
<br />to enforce the provisions of the section. Effective April 18,
<br />2UU8, except for the criminal penalties, which are effective June 1,
<br />2UU8. (iO)
<br />Definitions of "political subdivision" and "spe-
<br />cial district" provided; special district reporting
<br />required
<br />Chapter 200 (HF 1309/SF 1436*) makes changes to stat-
<br />utes pertaining to the state auditor.The chapter defines
<br />"political subdivision" and "special district" for purposes of
<br />the laws governing the state auditor. Other sections make
<br />confornung changes related to the new genera] definition
<br />of political subdivision.The chapter also contains some
<br />new requirements that apply to special districts.The provi-
<br />sions that may be relevant to city operations include the
<br />following:
<br />• Definitions of "political subdivision" and "spe-
<br />cial district" provided. Section 1 creates Minn. Stat.
<br />§ 6.465, which contains definitions for "political subdivi-
<br />sion" and "special district."
<br />^ "Political subdivision" means a county, home rule
<br />charter, or statutory city, town, school district, met-
<br />ropolitan or regional agency, public corporation,
<br />political subdivision, or special district. "Political
<br />subdivision" does not include a metropolitan or
<br />regional agency or a public corporation audited by
<br />the legislative auditor.
<br />^ "Special district" means a public entity with a spe-
<br />cial or limited purpose, financed by property tax
<br />revenues or other public funds, that is not included
<br />in a city, county, or town financial report as a com-
<br />ponent of that local government; that is created
<br />or authorized by law; and that is governed by (1)
<br />persons directly elected to the governing board of
<br />the district, (2) persons appointed to the govern-
<br />ing board of the district by local elected officials,
<br />(3) local elected officials who serve on the board
<br />by virtue of their elected office, or (4) a combina-
<br />tion of these methods of selection. Special district
<br />includes special taxing districts listed in Minn. Stat.
<br />275.066.
<br />• Special district reporting required. Section 19
<br />creates Minn. Stat. § 6.756, which requires special dis-
<br />tricts to file information with the state auditor.
<br />The section requires each special district to file with.
<br />the state auditor, within 60 days of adoption, any
<br />document relating to the governance of the district,
<br />including articles of incorporation, bylaws, or agree-
<br />ments, and any amendment to these documents.
<br />• Special district audits required. Section 19
<br />requires a special district with total annual revenue
<br />greater than the threshold amount for cities under
<br />Minn. Stat. § 412.591, subd. 3, paragraph (b), to pro-
<br />vide for an annual audit of the district's finandal
<br />affairs by the state auditor or a public accountant in
<br />accordance with minimum auditing procedures pre-
<br />scribed by the state auditor.
<br />A special district with total annual revenue that
<br />is equal to or less than the threshold amount for cit-
<br />ies under § 412.591, subd. 3, paragraph (b), must
<br />provide for an audit of the district's financial affairs
<br />by the state auditor or a public accountant in accor-
<br />dance with minimum audit procedures prescribed by
<br />the state auditor at least once every five ycars.The
<br />audit must be for cone-year period to be deter-
<br />2008 Law Summaries Page 43
<br />
|