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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 44-H.F.No. 867 
                  An act relating to the suburban Hennepin regional park 
                  district; authorizing the district to set 
                  commissioners' compensation; clarifying the district's 
                  boundaries; clarifying that meetings shall be held in 
                  conformance with the open meeting law; permitting the 
                  district to accept donations without court approval; 
                  deleting obsolete reference to condemnation 
                  procedures; authorizing the district to enter into 
                  joint powers agreements by majority board action; 
                  amending Minnesota Statutes 2000, sections 383B.70; 
                  383B.703; 398.06; and 398.09; repealing Minnesota 
                  Statutes 2000, sections 383B.73, subdivision 2; and 
                  383B.74. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 383B.70, is 
        amended to read: 
           383B.70 [REGIONAL PARK DISTRICT; LIBRARY BOARD; 
        COMPENSATION OF COMMISSIONERS AND MEMBERS.] 
           Notwithstanding the provisions of section 398.05, 134.10, 
        or any other law, the compensation of commissioners of the 
        Hennepin county park reserve district and the members of the 
        Hennepin county library board shall not exceed $35 per day.  
        Each commissioner and board member may in addition be allowed 
        actual and necessary expenses incurred in the performance of 
        their duties.  However, the $35 per day compensation for 
        commissioners and board members shall not be paid for more than 
        two days in each month suburban Hennepin regional park district 
        must be set by the board of park commissioners. 
           Sec. 2.  Minnesota Statutes 2000, section 383B.703, is 
        amended to read: 
           383B.703 [DISTRICT RENAMING.] 
           The Hennepin county park reserve district, a local 
        government unit organized and existing under the provisions of 
        sections 398.01 to 398.36, is renamed the suburban Hennepin 
        regional park district.  The district so named is the legal 
        successor in all respects of the Hennepin county park reserve 
        district as originally named and constituted.  All bonds, 
        resolutions, contracts, and liabilities of the Hennepin county 
        park reserve district are the bonds, resolutions, contracts, and 
        liabilities of the suburban Hennepin regional park district as 
        so renamed and reconstituted.  The boundaries of the suburban 
        Hennepin regional park district shall include all of Hennepin 
        county except the city of Minneapolis. 
           Sec. 3.  Minnesota Statutes 2000, section 398.06, is 
        amended to read: 
           398.06 [BOARD; OFFICERS, POWERS, MEETINGS.] 
           At the first meeting of the board and at the first meeting 
        each calendar year, each board shall elect from its membership a 
        chair and a vice-chair who shall serve in such capacity for the 
        calendar year, and until their successors are elected and 
        qualified.  The chair shall preside at all meetings; in the 
        absence of the chair, the vice-chair shall preside.  All 
        meetings shall be open to the public Meetings of the board shall 
        be held in accordance with chapter 13D.  The boards shall 
        preserve order at their meetings, compel the attendance of 
        members and punish nonattendance.  The boards shall have power 
        to regulate their own procedure and shall adopt from time to 
        time written rules of procedure.  
           At its first meeting the board shall adopt a temporary name 
        for the park district and it shall at a meeting held within six 
        months from its first meeting, adopt by a majority vote of all 
        commissioners an official name for the park district.  
           Regular meetings of the park district boards shall be held 
        at least monthly at such times and places as may be prescribed 
        by their rules.  Special meetings may be called by the chair, or 
        by any two members of a board, by writing filed with the 
        secretary, who shall then mail a notice to all board members of 
        the time and place of such meeting at least two days before such 
        meeting.  
           A majority of the commissioners shall constitute a quorum 
        for the transaction of business, although a smaller number may 
        adjourn from time to time.  
           Sec. 4.  Minnesota Statutes 2000, section 398.09, is 
        amended to read: 
           398.09 [SPECIFIC POWERS.] 
           Park district boards in addition to the foregoing general 
        powers shall have these specific powers: 
           (a) The power to regulate by ordinance the use of the 
        waters of any lake lying wholly within a park established under 
        this chapter and the use of any lake shore which is within a 
        park established under this chapter and the waterfront 
        immediately abutting such lake shore for not to exceed 300 feet 
        therefrom, by all persons, including persons boating, swimming, 
        fishing, skating or otherwise, in, upon or about said lake, lake 
        shore and abutting waterfront, subject to regulation by the 
        state of Minnesota.  
           (b) The power to acquire lands either within or without the 
        park district for conversion into forest reserves and for the 
        conservation of the natural resources of the state, including 
        streams, lakes, submerged lands and swamplands, and to these 
        ends may create parks, parkways, forest reservations and other 
        reservations and afforest, develop, improve, protect and promote 
        the use of the same in such manner as is conducive to the 
        general welfare.  These lands may be acquired by the board, on 
        behalf of the district, by gift or devise, by purchase or by 
        condemnation.  In furtherance of the use and enjoyment of the 
        lands controlled by it, the board may accept donations of money 
        or other property, or may act as trustee of land, money or other 
        property and use and administer the same as stipulated by the 
        donor, or as provided in the trust agreement.  The terms of each 
        such donation or trust shall first be approved by the district 
        court before acceptance by the board.  If the park district 
        includes all or part of more than one court district, approval 
        shall be by the district court of the court district having the 
        largest area within the park district.  In case of condemnation 
        the proceedings are to be instituted in the name of the district 
        and conducted in the manner provided in chapter 430 117 and acts 
        now in effect and hereafter adopted amendatory thereof and 
        supplemental thereto.  Either the fee or any lesser interest may 
        be acquired as the board deems advisable.  All awards not set 
        aside as therein provided shall be a charge upon the district 
        for which its credit shall be pledged.  The duties specified to 
        be performed in said sections by the city council, the city 
        clerk and the city engineer, respectively, shall be performed by 
        the commissioners, the secretary and the superintendent of the 
        district.  Appeals to the district court shall be taken to the 
        district court of the county in which the land lies.  The 
        notices required to be published shall be published in every 
        case in a newspaper of general circulation published in the 
        county or counties wherein the land lies.  All reports and 
        papers required by said sections to be filed with the city clerk 
        shall be filed with the secretary of the district.  Unless a 
        lesser estate be designated, an absolute estate in fee simple, 
        unqualified in any way whatsoever, shall vest in the district in 
        every case of taking by the exercise of the power of eminent 
        domain, and such estate shall not be limited or qualified in any 
        way by construction.  Nothing herein contained shall authorize 
        the board to: 
           1.  Acquire real estate by purchase or condemnation which 
        is located within the boundaries of an incorporated statutory 
        city or city unless the governing body of such statutory city or 
        city shall have consented thereto by resolution duly adopted, or 
           2.  Acquire real estate by condemnation which is located 
        outside the park district unless the board of county 
        commissioners of the county in which such property is located 
        has consented thereto by resolution duly adopted.  
           (c) The power, if the board finds that any lands which it 
        has acquired are not necessary for the purposes for which 
        acquired, to dispose of such lands upon such terms as are 
        advisable, including the power to transfer such lands to other 
        public corporations.  Where lands which were acquired by 
        condemnation less than 20 years before are to be sold to private 
        parties, the former owners, or their heirs, successors or 
        assigns, shall be notified in writing of the board's intent to 
        dispose of the properties and shall be given 20 days to purchase 
        the property taken from them at such price as the board shall 
        deem fair compensation to the district for such property.  The 
        board may lease any of its lands or permit their use for 
        purposes consistent with the purposes for which the lands were 
        acquired upon such terms as are advisable.  No such lands shall 
        be sold without the approval of the district court of the county 
        in which the lands are situated.  
           (d) The power to fix, alter, charge and collect fees, tolls 
        and charges for the use of facilities of the park district, for 
        services rendered by, or for any commodities furnished by, or 
        for licenses issued by, the board pursuant to ordinances 
        authorized hereunder.  All fines collected for any violation of 
        a board's ordinance shall be paid into the treasury of such park 
        district board.  
           (e) The power to borrow, make and issue negotiable bonds, 
        notes and other evidences of indebtedness, subject to the 
        provisions of sections 398.16 and 398.17, and to pledge its full 
        faith, credit and taxing power to the payment thereof, and/or to 
        secure the payment of such obligations or any part thereof by 
        mortgage, lien, pledge, deed of trust otherwise, on all or any 
        of its property, contracts, franchises or revenues and to make 
        such agreements with the purchasers or holders of such notes, 
        bonds or other evidences of indebtedness or with others in 
        connection with the same, whether issued or to be issued.  
           (f) The power to cooperate with or borrow from any 
        governmental organization, state or federal, or from any agency 
        of the state or federal government for any purpose within the 
        scope of the authority of this corporation.  
           (g) The power to cooperate with any public or municipal 
        corporation, with the counties and with any private or public 
        organization engaged in conservation, recreational activities, 
        protection of the public health and safety, prevention of water 
        pollution, sanitation, and/or mosquito abatement for any 
        constructive purpose, and the power, upon request, to assume 
        control of all or a portion of any existing parks or park lands 
        owned by any county government or municipal corporation in the 
        park district; such control shall be assumed only at the request 
        of and by agreement with the public authority in control of such 
        parks or park lands.  Thereupon such parks or park lands may be 
        developed, improved, protected and operated as a park as in case 
        of lands otherwise acquired by the board.  Such acquisition or 
        assumption of control or operation of a municipal park system by 
        a park district shall in no way impair the authority and power 
        of such municipality to levy and collect taxes for park, 
        playground and recreational purposes, all or part of such tax 
        funds to be transferred to the park district for such uses as 
        may be agreed upon between the district and the municipality.  
           (h) The power to designate employees as police officers 
        within the parks under the jurisdiction and control of the 
        board, and employees so designated may exercise all the powers 
        of police officers within the park lands under the jurisdiction 
        and control of the board.  Before exercising these powers, each 
        such employee shall take an oath and give a bond to the state in 
        such sum as the board prescribes for the proper performance of 
        the employee's duties in such respect.  The board may contract 
        with municipalities or with the county or counties for the 
        policing of park properties.  
           (i) The power, upon a four-fifths vote of the board, to 
        enter into an agreement under section 471.59 with any political 
        subdivision, governmental unit, or agency, including an elected 
        park and recreation board in a city of the first class, to 
        expend public money, including bond proceeds, in its possession 
        for any metropolitan regional park purposes, including 
        transferring money in its possession as a grant to other 
        political subdivisions, governmental units, or agencies, 
        including an elected park and recreation board in a city of the 
        first class. 
           Sec. 5.  [REPEALER.] 
           Minnesota Statutes 2000, sections 383B.73, subdivision 2; 
        and 383B.74, are repealed. 
           Sec. 6.  [EFFECTIVE DATE.] 
           Sections 1 to 5 are effective the day after their final 
        enactment. 
           Presented to the governor April 23, 2001 
           Signed by the governor April 24, 2001, 10:11 a.m.