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Minnesota Legislature

Office of the Revisor of Statutes

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.