5. EDSR 01-11-2010 - Laserfiche WebLink

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Township expenditures authorized Chapter 166 (HF 2636*/SF 2807) authorizes certain expenditures by townships. Section 1 amends Minn. Stat. 365.10, subd. 8 by removing a requirement that the amount of money spent by a township board to purchase park land must be approved by referendum. Language that restricts a township board from purchasing park land without explicit voter approval is preserved. Section 2 amends Minn. Stat. C 365.10, subd. 12 by allowing voters in a township to approve expenditures to recognize vol- unteers, service efforts, and retiring town officers, or to host or support a community celebration. Effective Aug. 1, 2008. (AF) ~~~ Conflict of interest rules for local economic devel- opment authorities Chapter 197 (HF 3295/SF 2806*) clarifies conflict of interest rules for local economic development authorities by amending Minn. Stat. ~ 469.098. It requires a com- missioner or employee to submit a statement to the other commissioners of the economic development author- ity prior to taking action or making a decision that would substantially affect the financial interest of the coirunis- sioner, anemployee, or an associated organization.The new law provides that a person who fails to submit a state- ment, omits required information, or knowingly submits a statement with false information is guilty of a misde- meanor.The employee's superior is tasked with reassigning the employee's duty when there is a potential conflict of interest, and the law states that any individual who know- ingly violates the subdivision is guilty of a misdemeanor. The new law prohibits a commissioner or employee from appearing before a court or government agency as an agent for anyone other than the economic develop- ment authority in connection with specified instances in which the authority is substantially interested for one year after termination of employment. Additionally, a commis- sioner or employee is prohibited from receiving financial assistance or financing for real property other than rental assistance programs more than once.The county attor- ney is authorized to seek an injunction in district court to enforce the provisions of the section. E~fective April 18, 2008, except for the criminal penalties, which are e~ectiveJune 1, 2008. (JO) Definitions of "political subdivision" and "spe- cial district" provided; special district reporting required Chapter 200 (HF 1309/SF 1436*) makes changes to stat- utes pertaining to the state auditor.The chapter defines "political subdivision" and "special district" for purposes of the laws governing the state auditor. Other sections make conforming changes related to the new general definition of political subdivision.The chapter also contains some new requirements that apply to special districts.The provi- sions that may be relevant to city operations include the following: • Definitions of "political subdivision" and "spe- cial district" provided. Section 1 creates Minn. Stat. ~ 6.465, which contains definitions for "political subdivi- sion" and "special district." ^ "Political subdivision" means a county, home rule charter, or statutory city, town, school district, met- ropolitan or regional agency, public corporation, political subdivision, or special district. "Political subdivision" does not include a metropolitan or regional agency or a public corporation audited by the legislative auditor. ^ "Special district" means a public entity with a spe- cial or limited purpose, financed by property taX revenues or other public fiords, that is not included in a city, county, or town financial report as a com- ponent of that local government; that is created or authorized by law; and that is governed by (1) persons directly elected to the governing board of the district, (2) persons appointed to the govern- ing board of the district by local elected officials, (3) local elected officials who serve on the board by virtue of their elected office, or (4) a combina- tion of these methods of selection. Special district includes special taxing districts listed in Minn. Stat. 275.066. • Special district reporting required. Section 19 creates Minn. Stat. ~ 6.756, which requires special dis- tricts to file information with the state auditor. The section requires each special district to file with the state auditor, within 60 days of adoption, any document relating to the governance of the district, including articles of incorporation, bylaws, or agree- ments, and any amendment to these documents. • Special district audits required. Section 19 requires a special district with total annual revenue greater than the threshold amount for cities under Minn. Stat. ~ 412.591, subd. 3, paragraph (b), to pro- vide for an annual audit of the district's financial affairs by the state auditor or a public accountant in accordance with minimum auditing procedures pre- scribed by the state auditor. A special district with total annual revenue that is equal to or less than the threshold amount for cit- ies under ~ 412.591, subd. 3, paragraph (b), must provide for an audit of the district's financial affairs by the state auditor or a public accountant in accor- dance with minimum audit procedures prescribed by the state auditor at least once cvcry five years. The audit must be for aone-year period to be deter- 2008 Law Summaries Page 43