HF 2788

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/19/2012 04:43pm

A bill for an act
relating to local government; modifying selection of commissioners of the Three
Rivers Park District; amending Minnesota Statutes 2010, section 383B.68,
subdivisions 1, 4, by adding a subdivision; repealing Minnesota Statutes 2010,
section 383B.68, subdivisions 2, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 383B.68, subdivision 1, is amended to read:

Subdivision 1.

As provided in this section.

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 Three Rivers Park District shall consist of seven commissioners
deleted text begin appointed or deleted text end elected as provided in this section.

Sec. 2.

Minnesota Statutes 2010, section 383B.68, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Election of park commissioners. new text end

new text begin (a) Seven park district commissioners
shall be elected without party designation to represent those portions of Hennepin County
outside of the city of Minneapolis. Elections under this subdivision must be held at the
same time and in the same manner as elections for the office of county commissioner.
new text end

new text begin (b) The park district commissioners shall be elected from districts established
pursuant to subdivision 4. Each park district commissioner elected under this paragraph
must be a resident of the district represented. No more than one commissioner may be
elected from each district. Each park district commissioner serves for a four-year term
and until a successor is elected and qualified, except that the term of each park district
commissioner elected at the general election held in the year of a federal census shall be
two years and until a successor is elected and qualified. At the general election following
redistricting as required in subdivision 4, the four commissioners from odd-numbered
districts shall be elected for four-year terms and the three commissioners from
even-numbered districts shall be elected for two-year terms. If a vacancy occurs in the
office of any commissioner elected pursuant to this paragraph, the Board of Park District
Commissioners shall appoint a successor residing in that district to fill the unexpired term.
new text end

Sec. 3.

Minnesota Statutes 2010, section 383B.68, subdivision 4, is amended to read:

Subd. 4.

Decennial redistricting.

After deleted text begin September 1, 1985 deleted text end new text begin the effective date of
this act new text end , and after at least 30 days' notice and public hearing, the Board of Park District
Commissioners of the Three Rivers Park District shall divide the territory of Hennepin
County outside the city of Minneapolis into deleted text begin five deleted text end new text begin seven new text end districts, which constitute the 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 Three Rivers Park District shall redistrict the
territory of the 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. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 383B.68, subdivisions 2 and 3, new text end new text begin are repealed.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective the day after the board of commissioners of the Three
Rivers Park District and its chief clerical officer timely comply with the provisions of
Minnesota Statutes, section 645.021, subdivisions 2 and 3, and apply to the election of
park commissioners at the 2012 general election and thereafter.
new text end