Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 82-H.F.No. 1320
An act relating to Hennepin County; modifying regional
park district provisions; providing for a longer term
of office for the park superintendent; amending
Minnesota Statutes 2004, sections 383B.68,
subdivisions 1, 2, 4; 383B.70; 383B.702; 383B.703;
383B.71; 383B.72; 383B.73, subdivision 1; 398.10;
473.351, subdivision 1; 609.531, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2004, section 383B.68,
subdivision 1, is amended to read:
Subdivision 1. [AS PROVIDED IN THIS SECTION.] Effective
January 1, 1983, and Notwithstanding any provision of sections
398.02 to 398.04, or any other law to the contrary, the Board of
Park District Commissioners of the Hennepin County Three Rivers
Park Reserve District shall consist of seven commissioners
appointed or elected as provided in this section.
Sec. 2. Minnesota Statutes 2004, section 383B.68,
subdivision 2, is amended to read:
Subd. 2. [TWO RESIDENTS APPOINTED BY COUNTY BOARD.] Two
park district commissioners shall be appointed by the Board of
Commissioners of Hennepin County. An appointee must be a
resident of the Hennepin County Park Reserve Three Rivers Park
District in order to qualify and serve as a park district
commissioner. Each park district commissioner appointed
pursuant to this subdivision shall serve for a four-year term.
If a vacancy occurs among the commissioners appointed pursuant
to this subdivision, the Board of Commissioners of Hennepin
County shall appoint a successor.
Sec. 3. Minnesota Statutes 2004, section 383B.68,
subdivision 4, is amended to read:
Subd. 4. [DECENNIAL REDISTRICTING.] After September 1,
1985, and after at least 30 days' notice and public hearing, the
Board of Park District Commissioners of the Hennepin County Park
Reserve Three Rivers Park District shall divide the territory of
Hennepin County outside the city of Minneapolis into five
districts, which constitute the Hennepin County Park Reserve
Three Rivers Park District. Each district shall be composed of
contiguous territory as regular and compact in form as
practicable and as nearly equal in population as possible,
provided that no district shall vary in population more than ten
percent from the average of all the districts, unless compliance
with this requirement requires division of a voting precinct.
After each federal census and by the date prescribed for
redistricting of election districts in section 204B.135,
subdivision 2, after at least 30 days' notice and public
hearing, the Board of Park District Commissioners of
the Hennepin County Park Reserve Three Rivers Park District
shall redistrict the territory of the Hennepin County Park
Reserve Three Rivers Park District into new commissioner
districts as necessary to comply with the provisions of this
subdivision. The districts established pursuant to this
subdivision shall remain effective until new districts are
established. Any person aggrieved by a districting plan
established pursuant to this subdivision may challenge the plan
in the same manner as a county commissioner districting plan may
be challenged pursuant to section 375.025. The district court
in reviewing any challenge to a districting plan under this
subdivision shall proceed in the manner prescribed by section
375.025. Each districting plan established pursuant to this
subdivision shall be filed in the office of the director of
finance of Hennepin County or any successor office and shall be
effective 31 days after its publication in a newspaper of
general circulation in the county.
Sec. 4. Minnesota Statutes 2004, section 383B.70, is
amended to read:
383B.70 [COMPENSATION OF COMMISSIONERS.]
Notwithstanding the provisions of section 398.05 or any
other law, the compensation of commissioners of the suburban
Hennepin regional Three Rivers Park District must be set by the
board of park commissioners.
Sec. 5. Minnesota Statutes 2004, section 383B.702, is
amended to read:
383B.702 [DEPOSITORIES.]
Notwithstanding section 398.18, the Hennepin County Three
Rivers Park Reserve District may exercise the powers of a
municipality under chapter 118A.
Sec. 6. Minnesota Statutes 2004, section 383B.703, is
amended to read:
383B.703 [DISTRICT RENAMING.]
The Hennepin County Park Reserve Suburban Hennepin Regional
Park District, a local government unit organized and existing
under the provisions of sections 398.01 to 398.36, is renamed
the Suburban Hennepin Regional Three Rivers Park District. The
district so named is the legal successor in all respects of
the Hennepin County Suburban Hennepin Regional Park Reserve
District as originally previously named and constituted. All
bonds, resolutions, contracts, and liabilities of the Hennepin
County Suburban Hennepin Regional Park Reserve District are the
bonds, resolutions, contracts, and liabilities of the Suburban
Hennepin Regional Three Rivers Park District as so renamed and
reconstituted. The boundaries of the Suburban Hennepin Regional
Three Rivers Park District shall include all of Hennepin County
except the city of Minneapolis.
Sec. 7. Minnesota Statutes 2004, section 383B.71, is
amended to read:
383B.71 [TRAIL SYSTEM.]
In addition to the authority granted by chapter 398, the
Hennepin County Three Rivers Park Reserve District is authorized
to acquire, establish, operate and maintain trail systems.
Sec. 8. Minnesota Statutes 2004, section 383B.72, is
amended to read:
383B.72 [LAND ACQUISITION; TOWN CONSENT.]
Notwithstanding the provisions of section 398.09, the Board
of Park District Commissioners of the Hennepin County Three
Rivers Park Reserve District, before acquiring by purchase or
condemnation real estate located within the boundaries of any
organized town in Hennepin County, other than real estate
located within an area designated for development of a park in
the most recent revised plan which has been prepared by the
district in accordance with section 398.19, and is on file on
June 9, 1971, with the state department of parks, shall secure
the consent of the town board of such town to such acquisition,
by resolution duly adopted by such board.
Sec. 9. Minnesota Statutes 2004, section 383B.73,
subdivision 1, is amended to read:
Subdivision 1. [LEVY.] To provide funds for the purposes
of the Hennepin County Three Rivers Park Reserve District as set
forth in its annual budget, in lieu of the levies authorized by
any other special law for such purposes, the Board of Park
District Commissioners may levy taxes on all the taxable
property in the county and park district at a rate not exceeding
0.03224 percent of market value. Notwithstanding section
398.16, on or before October 1 of each year, after public
hearing, the Board of Park District Commissioners shall adopt a
budget for the ensuing year and shall determine the total amount
necessary to be raised from ad valorem tax levies to meet its
budget. The Board of Park District Commissioners shall submit
the budget to the county board. The county board may veto or
modify an item contained in the budget. If the county board
determines to veto or to modify an item in the budget, it must,
within 15 days after the budget was submitted by the district
board, state in writing the specific reasons for its objection
to the item vetoed or the reason for the modification. The Park
Reserve District Board, after consideration of the county
board's objections and proposed modifications, may reapprove a
vetoed item or the original version of an item with respect to
which a modification has been proposed, by a two-thirds
majority. If the district board does not reapprove a vetoed
item, the item shall be deleted from the budget. If the
district board does not reapprove the original version of a
modified item, the item shall be included in the budget as
modified by the county board. After adoption of the final
budget and no later than October 1, the superintendent of the
park district shall certify to the office of the Hennepin County
director of tax and public records exercising the functions of
the county auditor the total amount to be raised from ad valorem
tax levies to meet its budget for the ensuing year. The
director of tax and public records shall add the amount of any
levy certified by the district to other tax levies on the
property of the county within the district for collection by the
director of tax and public records with other taxes. When
collected, the director shall make settlement of such taxes with
the district in the same manner as other taxes are distributed
to the other political subdivisions in Hennepin County.
Sec. 10. Minnesota Statutes 2004, section 398.10, is
amended to read:
398.10 [PARK SUPERINTENDENT; EMPLOYEES.]
The board shall, by secret ballot, elect a park
superintendent to serve as the chief administrative officer of
the park district. Such election shall be for terms of not to
exceed two five years and the superintendent shall serve at the
pleasure of the board. No person shall be elected
superintendent unless the person has had at least ten years
experience in business or in public administration, at least
five years of which shall have been in a responsible
administrative capacity and at least three years in the
administration of parks or recreation. The salary of the
superintendent shall be set by the board. The superintendent or
a designee shall serve as secretary to the board. The secretary
shall, promptly after selection, file with the board a bond in
the penal sum of $10,000, with good and sufficient sureties
acceptable to the board of park district commissioners.
The board shall have power to appoint such officers, agents
and employees as it deems necessary for the proper
administration of the district. The officers, agents and
employees shall perform such duties and receive such
compensation as the board may determine and shall be removable
at the pleasure of the board.
Sec. 11. Minnesota Statutes 2004, section 473.351,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Implementing agency" means the counties of Anoka,
Washington, Ramsey, Scott, Carver, Dakota, the city of St. Paul,
the city of Bloomington, the Minneapolis Park and Recreation
Board, and the Hennepin County Three Rivers Park Reserve
District.
(b) "Operation and maintenance expenditures" means the cost
of providing for the operation and maintenance of waters, lands,
and facilities that are a part of the metropolitan area regional
park and open space system, including but not limited to, the
provision of fire, police, maintenance, forestry, rehabilitation
expenses pertaining to routine care, and the allocation of the
administrative overhead costs of the regional park and open
space systems.
(c) "Operation and maintenance money" means money
appropriated by the legislature to the commissioner of
employment and economic development for distribution by the
Metropolitan Council.
(d) "Regional recreation open space systems" means those
parks that have been designated by the Metropolitan Council
under section 473.145.
Sec. 12. Minnesota Statutes 2004, section 609.531,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purpose of sections
609.531 to 609.5318, the following terms have the meanings given
them.
(a) "Conveyance device" means a device used for
transportation and includes, but is not limited to, a motor
vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term "conveyance device" does not
include property which is, in fact, itself stolen or taken in
violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under
section 609.02, subdivision 6, that the actor used or had in
possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52,
subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess
under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal
Apprehension, the Minnesota Division of Driver and Vehicle
Services, the Minnesota State Patrol, a county sheriff's
department, the Suburban Hennepin Regional Three Rivers Park
District park rangers, the Department of Natural Resources
Division of Enforcement, the University of Minnesota Police
Department, or a city or airport police department.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter,
chapter 152, or chapter 624;
(2) for driver's license or identification card
transactions: any violation of section 171.22; and
(3) for all other purposes: a felony violation of, or a
felony-level attempt or conspiracy to violate, section 325E.17;
325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322;
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to
(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e),
and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487;
609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551;
609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631;
609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and
12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893;
609.895; 617.246; or a gross misdemeanor or felony violation of
section 609.891 or 624.7181; or any violation of section 609.324.
(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.
Presented to the governor May 20, 2005
Signed by the governor May 24, 2005, 2:15 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes