1997 Minnesota Statutes

CHAPTER 383B. Hennepin county

     383B.021 Compensation. 

    No per diem payment shall be allowed county board members 
 for service on the county board or any other county body.  
 County board members shall pay for parking in county owned 
 parking facilities where payment is required.  County board 
 members may be allowed mileage for use of their personal 
 automobile at a rate per mile. 

    The Hennepin county board may set the salary of board 
 members by resolution limited to that subject.  The salary must 
 be stated as a fixed dollar amount.  Adjustments in 
 commissioners' salaries shall be adopted by the county board by 
 resolution prior to a general election to take effect January 1 
 of the succeeding year.  Any resolution that makes an adjustment 
 must state the change and the resulting salary for a member as 
 fixed dollar amounts. 

    HIST: 1982 c 577 s 14; 1985 c 66 s 1 

     383B.025 Reorganization of county offices. 

    Subdivision 1.  In the county of Hennepin, the offices of 
 county auditor, county treasurer and county recorder shall not 
 be elective but shall be filled by appointment by the Hennepin 
 county board of commissioners as hereinafter provided, unless 
 such office is hereafter abolished pursuant to a reorganization 
 or consolidation under subdivision 2. 

    Subd. 2.  The duties, functions and responsibilities which 
 have been heretofore and which shall be hereafter required by 
 statute to be performed by the various elected officials whose 
 offices are by this section made appointive shall be vested in 
 and performed by the board of commissioners of Hennepin county 
 through department heads appointed by the board for that 
 purpose.  Any such department head shall be in the unclassified 
 service as defined by sections 383B.26 to 383B.42.  The board of 
 commissioners of Hennepin county shall have the authority to 
 initiate and direct any reorganization, consolidation, 
 reallocation or delegation of such duties, functions, or 
 responsibilities for the purpose of promoting efficiency in 
 county government, and may make such other administrative 
 changes, including the abolishing of the offices of auditor, 
 treasurer and county recorder or the transfer of personnel, as 
 are deemed necessary for this purpose.  Such reorganization, 
 reallocation or delegation or other administrative change or 
 transfer shall not diminish, prohibit or avoid those specific 
 duties required by statute to be performed by those officials 
 whose office is now made appointive. 

    HIST: 1967 c 599 s 1,2; 1976 c 181 s 2; 1979 c 198 art 4 s 14 

     383B.031 Vacancies on board. 

    Subdivision 1.  Notwithstanding the provisions of section 
 375.101, if a vacancy occurs in a seat on the board of county 
 commissioners of Hennepin county more than six months before the 
 general election in which a commissioner will next be selected 
 to occupy such seat the county auditor shall, within seven days 
 after the vacancy occurs, call a special election within the 
 affected district to fill such vacancy.  The auditor shall 
 specify a date for the election which shall be between 56 and 77 
 days after the vacancy occurred.  Candidates shall file with the 
 county auditor prior to the 35th day before the election.  The 
 primary election shall be held 14 days before the election.  If 
 no more than two candidates file for the office, the primary 
 election shall be canceled and the date of the general election 
 advanced 14 days. 

    Subd. 2.  Each person who wishes to file as a candidate in 
 the election for which provision is made in subdivision 1 shall 
 submit to the county auditor an affidavit for candidacy.  Except 
 as otherwise specifically provided in this section, the special 
 election shall be held in accordance with the provisions of 
 Minnesota Statutes 1965, chapter 203.  The candidate who 
 receives a plurality of the votes cast in the special election 
 shall be certified the winner. 

    Subd. 3.  A vacancy in a seat on a board of county 
 commissioners which occurs not more than six months before the 
 general election in which a commissioner will next be selected 
 to occupy the seat shall be filled at the general election. 

    Subd. 4.  A person elected to the office of commissioner 
 pursuant to the provisions of this section shall hold office for 
 the unexpired term of the person's predecessor. 

    HIST: 1967 c 719 s 1-4; 1986 c 444; 1987 c 384 art 2 s 1 

     383B.035 Special election expenses. 

    Subdivision 1.  Notwithstanding section 204B.32, which 
 relates to election expenses, whenever the board of county 
 commissioners of Hennepin county shall duly provide for a 
 special election to be held within said Hennepin county, all of 
 the expenses necessarily incurred by the several municipalities, 
 home rule charter or statutory cities, and townships within the 
 county of Hennepin concerning such special election, shall be 
 paid by the county of Hennepin upon a resolution duly adopted by 
 the board of county commissioners for Hennepin county providing 
 for such payment of special election expenses. 

    Subd. 2.  If the date for any special election set by the 
 board of county commissioners pursuant to subdivision 1 falls on 
 the same day as any other election to be held in any of the 
 several municipalities, home rule charter or statutory cities, 
 and townships within the county, then each such municipality, 
 home rule charter or statutory city, or township shall pay for 
 its own election expenses for such election and the county of 
 Hennepin shall not be responsible therefor. 

    HIST: 1971 c 331 s 1,3; 1973 c 123 art 5 s 7; 1987 c 384 art 2 
 s 85 

     383B.041 Campaign financing, disclosure of economic 
  interests. 

    Sections 383B.041 to 383B.058 apply to the financing of 
 campaigns for county elections in Hennepin county and for city 
 elections in home rule charter cities and statutory cities 
 located wholly within Hennepin county, having a population of 
 75,000 or more, and for school board elections in the special 
 school district No. 1, Minneapolis, and to disclosure of 
 economic interests by candidates and elected public officials of 
 those jurisdictions.  The provisions of sections 211A.02 to 
 211A.07 do not apply to the financing of campaigns for elections 
 subject to the provisions of sections 383B.041 to 383B.058. 

    HIST: 1980 c 362 s 1; 1987 c 218 s 2; 1988 c 578 art 1 s 5 

     383B.042 Definitions. 

    Subdivision 1.  For the purposes of sections 383B.041 to 
 383B.058, the terms defined in this section have the meanings 
 given them.  The terms defined in chapter 200, also apply to 
 sections 383B.041 to 383B.058, unless a different meaning is 
 specified in this section. 

    Subd. 2.  "Advance of credit" means any money owed for 
 goods provided or services rendered.  An advance of credit is an 
 expenditure in the year in which the goods or services are used 
 or consumed.  "Advance of credit" does not mean "loan" as 
 defined in subdivision 12. 

    Subd. 3.  "Association" means a business, corporation, 
 firm, partnership, committee, labor organization, club, or any 
 other group of two or more persons, which includes more than an 
 immediate family, acting in concert. 

    Subd. 4.  "Business with which the individual is 
 associated" means any association in connection with which the 
 individual is compensated in excess of $50 except for actual and 
 reasonable expenses in any month as a director, officer, owner, 
 member, partner, employer or employee, or is a holder of 
 securities worth $2,500 or more at fair market value. 

    Subd. 5.  "Candidate" means an individual, not within the 
 definition of candidate of section 10A.01, subdivision 5, who 
 seeks nomination or election to any county office in Hennepin 
 county, to any city office in any home rule charter city or 
 statutory city located wholly within Hennepin county and having 
 a population of 75,000 or more or to the school board of special 
 school district No. 1, Minneapolis. 

    Subd. 6.  "City" means any statutory or home rule charter 
 city wholly within Hennepin county and having a population of 
 75,000 or more. 

    Subd. 7.  "Contribution" means a transfer of funds or a 
 donation in kind. 

    "Contribution" includes any loan or advance of credit to a 
 political committee, political fund, or principal campaign 
 committee, if that loan or advance of credit is (a) forgiven, or 
 (b) paid by an entity other than the political committee, 
 political fund, or principal campaign committee to which the 
 loan or advance of credit is made. 

    "Contribution" does not include services provided without 
 compensation by an individual volunteering personal time on 
 behalf of a candidate, political committee or political fund, or 
 the publishing or broadcasting of news items or editorial 
 comments by the news media. 

    Subd. 8.  "Donation in kind" means anything of value other 
 than money or negotiable instruments given by an individual or 
 association to a political committee, political fund, or 
 principal campaign committee for the purpose of influencing the 
 outcome of an election. 

    Subd. 9.  "Election" means any election held to nominate or 
 elect any candidate or to decide any question on a county ballot 
 in Hennepin county or on the ballot of any home rule charter 
 city or statutory city located wholly within Hennepin county and 
 having a population of 75,000 or more, or on the ballot of 
 special school district No. 1, Minneapolis. 

    Subd. 10.  "Expenditure" means a purchase or payment of 
 money or anything of value, or an advance of credit, made or 
 incurred for the purpose of influencing the outcome of any 
 election.  "Expenditure" does not include services provided 
 without compensation by an individual volunteering personal time 
 on behalf of a candidate, political committee or political fund, 
 or the publishing or broadcasting of news items or editorial 
 comments by the news media. 

    Subd. 11.  "Filing officer" means the official responsible 
 under law for administration of the election laws for Hennepin 
 county. 

    Subd. 12.  "Loan" means an advance of money or anything of 
 value made to a political committee, political fund, or 
 principal campaign committee. 

    Subd. 13.  "Political committee" means any political party, 
 association or person other than an individual that seeks as its 
 major purpose to influence the outcome of any election. 

    Subd. 14.  "Political fund" means any accumulation of dues 
 or voluntary contributions by an association other than a 
 political committee, which accumulation is collected or expended 
 for the purpose of influencing the outcome of any election. 

    Subd. 15.  "Population" means population as determined by 
 the most recent federal census. 

    Subd. 16.  "Principal campaign committee" means the single 
 political committee designated by a candidate. 

    Subd. 17.  "Transfer of funds" or "transfer" means money or 
 negotiable instruments given by an individual or association to 
 a political committee, political fund, or principal campaign 
 committee for the purpose of influencing the outcome of any 
 election. 

    HIST: 1980 c 362 s 2; 1986 c 444; 1987 c 218 s 3,4 

     383B.043 Political committees; county and certain other 
  elections. 

    Subdivision 1.    Officers.  Every political committee 
 shall have a chair and a treasurer, who may be the same 
 individual.  The treasurer may designate deputy treasurers and 
 shall be responsible for their accounts.  The treasurer shall 
 designate a single depository and account for all contributions 
 received by the political committee. 

    Subd. 2.    Prohibitions; acceptance of certain 
 contributions; commingling of funds.  No contribution shall be 
 accepted and no expenditure shall be made by or on behalf of a 
 political committee while the office of treasurer is vacant.  No 
 anonymous contribution in excess of $20 shall be retained by the 
 political committee but shall be forwarded to the state campaign 
 finance and public disclosure board and deposited in the general 
 fund.  No funds of the political committee shall be commingled 
 with the personal funds of any officer, member or associate of 
 the committee.  Any individual who violates a provision of this 
 subdivision is guilty of a misdemeanor. 

    HIST: 1980 c 362 s 3; 1986 c 444; 1997 c 202 art 2 s 63 

     383B.044 Political funds. 

    Subdivision 1.    When required.  No association other 
 than a political committee shall transfer more than $100 in 
 aggregate in any one year to candidates or political committees 
 or make any expenditure unless the transfer or expenditure is 
 made from a political fund.  

    Subd. 2.    Treasurer; commingling of funds; anonymous 
 contributions.  Each association which has a political fund 
 shall elect or appoint a treasurer of the political fund.  No 
 contributions to the political fund shall be accepted and no 
 expenditures from the fund shall be made while the office of 
 treasurer is vacant.  The contents of the political fund shall 
 not be commingled with any other funds or with the personal 
 funds of any officer or member of the fund.  No anonymous 
 contribution in excess of $20 shall be retained by the political 
 fund but shall be forwarded to the state campaign finance and 
 public disclosure board and deposited in the general fund. 

    Subd. 3.    Use of dues and membership fees.  
 Notwithstanding subdivision 1, the association may, if not 
 prohibited by other law, deposit in its political fund money 
 derived from dues or membership fees.  The treasurer of the 
 fund, in any report required by section 383B.049, shall disclose 
 the name of any member whose dues, membership fees and 
 contributions deposited in the political fund in any one year 
 exceed $50 in the aggregate. 

    Subd. 4.    Penalty.  Any person who knowingly violates 
 the provisions of this section is guilty of a misdemeanor. 

    HIST: 1980 c 362 s 4; 1997 c 202 art 2 s 63 

     383B.045 Principal campaign committee. 

    Every candidate who receives contributions or makes 
 expenditures in excess of $100 shall designate and cause to be 
 formed a single political committee which shall be known as the 
 candidate's principal campaign committee.  The candidate shall 
 make expenditures only through the candidate's principal 
 campaign committee.  The candidate may be the chair and 
 treasurer of the principal campaign committee. 

    HIST: 1980 c 362 s 5; 1986 c 444 

     383B.046 Registration of political committees and 
  political funds. 

    Subdivision 1.    Filing office; deadline.  Every 
 political committee, political fund and principal campaign 
 committee shall register with the filing officer within 14 days 
 after the date by which the committee or fund has received 
 contributions or made expenditures in excess of $100. 

    Subd. 2.    Statement required.  A political committee 
 or fund registers by filing a statement of organization that 
 includes: 

    (a) The name and address of the political committee or 
 fund; 

    (b) The name and address of the chair, the treasurer, and 
 any deputy treasurers; 

    (c) The name and address of the depository used by the 
 committee or fund; 

    (d) The name and address of any supporting association of a 
 political fund; and 

    (e) A statement as to whether the committee is a principal 
 campaign committee. 

    The statement of organization shall be filed by the 
 treasurer of the political committee, political fund or 
 principal campaign committee. 

    HIST: 1980 c 362 s 6; 1986 c 444 

     383B.047 Accounts which must be kept. 

    Subdivision 1.    Contributions; expenditures; transfers. 
  The treasurer of any political committee, political fund or 
 principal campaign committee shall keep an account of: 

    (a) The sum of all contributions, except any donation in 
 kind valued at $20 or less, made to the political committee or 
 fund; 

    (b) The name and address of each source of a transfer or 
 donation in kind in excess of $20, together with the date and 
 amount; 

    (c) Each expenditure made by or on behalf of the committee 
 together with the date and amount; and 

    (d) The name and address of each political committee or 
 fund to which transfers in excess of $20 have been made, 
 together with the date and amount. 

    Subd. 2.    Authorization of expenditures; receipts.  
 Each expenditure by a political committee, political fund or 
 principal campaign committee shall be authorized by the 
 treasurer.  The treasurer may authorize not more than $20 per 
 week as petty cash for miscellaneous expenditures.  The 
 treasurer shall obtain a receipted bill stating the particulars 
 for every expenditure of more than $100 made by or on behalf of 
 the political committee or fund, and for any expenditure of a 
 lesser amount if the aggregate amount of lesser expenditures to 
 the same individual or association during a year exceeds $100. 

    HIST: 1980 c 362 s 7 

     383B.048 Campaign reports. 

    Subdivision 1.    Committees required to report; 
 deadlines.  The treasurer of any political committee, 
 political fund or principal campaign committee required to 
 register pursuant to section 383B.046 shall also file campaign 
 reports with the filing officer.  In each year in which the name 
 of the candidate is on the ballot, the report of the principal 
 campaign committee shall be filed ten days before a regular 
 primary and a regular election.  Political committees and 
 political funds other than principal campaign committees shall 
 file campaign reports ten days before a regular primary or 
 regular election.  The treasurer of a principal campaign 
 committee shall file additional reports ten days before a 
 special primary or other special election and 30 days after a 
 special election.  The reports shall cover the period from the 
 last day of the previous reporting period to seven days before 
 the filing date.  An additional campaign report shall be filed 
 by all treasurers on January 31 of each year covering the period 
 from the last day of the previous reporting period to December 
 31 of the preceding calendar year. 

    Subd. 2.    Content of reports.  Each campaign report 
 required under this section shall disclose: 

    (a) The amount of liquid assets on hand at the beginning of 
 the reporting period; 

    (b) The name, address and employer, or occupation if 
 self-employed, of each individual, committee or political fund 
 that made transfers or donations in kind to the political 
 committee in an aggregate amount or value in excess of $100, 
 together with the amount and date; 

    (c) The sum of all contributions made to the political 
 committee or political fund; 

    (d) Each loan made or received by the political committee 
 or political fund within the year in aggregate in excess of 
 $100, together with the name, address, occupation and the 
 principal place of business, if any, of the lender and any 
 endorser and the date and amount of the loan.  A loan made to a 
 political committee or political fund which is forgiven or is 
 repaid by an entity other than that political committee or fund 
 shall be reported as a contribution; 

    (e) The sum of all receipts, including all contributions 
 and loans, during the reporting period; 

    (f) The name and address of each person to whom aggregate 
 expenditures have been made by or on behalf of the political 
 committee or fund within the year in excess of $100, the amount, 
 date and purpose of each expenditure and the ballot question or 
 the name and address of the candidate supported or opposed by 
 the expenditure; 

    (g) The sum of all expenditures made by the political 
 committee or fund; 

    (h) The amount and nature of any advance of credit incurred 
 by the political committee or fund continuously reported until 
 paid or forgiven.  An advance of credit incurred by a political 
 committee or fund which is forgiven or is paid by an entity 
 other than that political committee or fund shall be reported as 
 a donation in kind; 

    (i) The name and address of each political committee or 
 fund to which aggregate transfers in excess of $100 have been 
 made within the year, together with the amount and date of each 
 transfer; 

    (j) The sum of all transfers made to political committees 
 or funds; and 

    (k) The sum of all disbursements not made to influence the 
 outcome of an election. 

    Subd. 3.  Expenditures by a political party as defined in 
 section 200.02, subdivision 7, or a substate unit of such a 
 party, for the preparation, display and distribution of an 
 official party sample ballot containing the names of three or 
 more individuals whose names are to appear on the ballot shall 
 not be considered contributions or expenditures on behalf of any 
 candidate. 

    Subd. 4.    Termination reports.  A political committee 
 or political fund may dissolve upon filing of a termination 
 report indicating that the committee or fund has settled all of 
 its debts and disposed of all assets in excess of $100.  The 
 termination report shall include all information required in a 
 periodic campaign report.  

    HIST: 1980 c 362 s 8; 1986 c 475 s 21; 1987 c 214 s 10 

     383B.049 Expenditures by individuals. 

    Subdivision 1.    Reports.  Except as provided in 
 subdivision 2, any individual who makes expenditures in an 
 aggregate amount of $100 or more in any year, which expenditures 
 are not required to be reported by any political committee or 
 fund as contributions to that political committee or fund, shall 
 file campaign reports in the form required by section 383B.048 
 with respect to those expenditures. 

    Subd. 2.    Exception; independent expenditures.  An 
 individual shall not be required to report any expenditure which 
 is made without the cooperation or express or implied consent of 
 any candidate, political committee or agent of a candidate or 
 political committee, unless the expenditure expressly advocates 
 the election or defeat of a clearly identified candidate or the 
 approval or rejection of a clearly identified county or city 
 ballot question at any election. 

    HIST: 1980 c 362 s 9 

     383B.05 Additional information to be disclosed. 

    Subdivision 1.    Earmarked contributions.  Any 
 individual, political committee or political fund that receives 
 a contribution from any person or association in an aggregate in 
 excess of $50 with the express or implied condition that the 
 contribution or any part of it be directed to a particular 
 candidate shall disclose to the ultimate recipient and in any 
 report required by section 383B.048, the original source of the 
 contribution, the fact that it was earmarked and the candidate 
 to whom it is directed.  The ultimate recipient of any earmarked 
 contribution shall also disclose the original source and the 
 individual, political committee or political fund through which 
 it was directed.  Any individual, political committee or 
 political fund that knowingly accepts earmarked funds and fails 
 to make the disclosure required by this subdivision is guilty of 
 a misdemeanor. 

    Subd. 2.    Bills when rendered and paid.  Every person 
 who has a bill, charge or claim against any political committee 
 or political fund for any expenditure shall render in writing to 
 the treasurer of the committee or fund the bill, charge or claim 
 within 60 days after the material or service is provided.  
 Failure to present the bill, charge or claim as required by this 
 subdivision is a petty misdemeanor. 

    HIST: 1980 c 362 s 10 

     383B.051 Circumvention prohibited. 

    Any person who attempts to circumvent disclosure of the 
 source or amount of contributions or expenditures by redirecting 
 funds through or contributing funds on behalf of another person 
 is guilty of a misdemeanor. 

    HIST: 1980 c 362 s 11 

     383B.052 Economic reprisals prohibited. 

    No individual or association shall engage in economic 
 reprisals or threaten loss of employment or physical coercion 
 against any individual or association because of the political 
 contributions or political activity of that individual or 
 association.  This subdivision does not apply to compensation 
 for employment or loss of employment when the political 
 affiliation or viewpoint of the employee is a bona fide 
 occupational qualification of the employment.  Any individual or 
 association that violates this subdivision is guilty of a 
 misdemeanor. 

    HIST: 1980 c 362 s 12 

     383B.053 Economic interest disclosure. 

    Subdivision 1.    Officials required to file; deadlines. 
  Every candidate for county office, every elected official of 
 Hennepin county, every candidate for office and every elected 
 official of a home rule charter city or statutory city located 
 wholly within Hennepin county and having a population of 75,000 
 or more, and every candidate for school board and every elected 
 official in special school district No. 1, Minneapolis shall 
 file statements of economic interest as required by this section 
 with the filing officer.  A candidate shall file an original 
 statement within 14 days of the filing of an affidavit or 
 petition to appear on the ballot.  All elected officials of 
 Hennepin county and of a home rule charter city or statutory 
 city located wholly in Hennepin county and having a population 
 of 75,000 or more who are in office on March 19, 1980, shall 
 file an original statement of economic interest 60 days after 
 forms for disclosure are provided to the filing officer.  Every 
 individual required to file a statement shall file a 
 supplementary statement on April 15 of each year in which the 
 individual remains a candidate or elected official.  An official 
 required to file a statement of economic interest under section 
 10A.09 is not required to comply with this section. 

    Subd. 2.    Content of statement.  An individual 
 required to file a statement of economic interest shall disclose:

    (a) The individual's name, address, occupation and 
 principal place of business; 

    (b) The name of each business with which the individual is 
 associated and the nature of that association; and 

    (c) A listing of all real property within the state, 
 excluding homestead property, in which the individual holds:  
 (i) a fee simple interest, a mortgage, a contract for deed as 
 buyer or seller, or an option to buy, whether direct or 
 indirect, and which interest has a market value in excess of 
 $2,500 as shown on the real estate tax statement for the 
 property or (ii) an option to buy, which property has a fair 
 market value of $50,000 or more; 

    (d) A listing of all real property within the state in 
 which a partnership of which the individual is a member holds:  
 (i) a fee simple interest, a mortgage, a contract for deed as 
 buyer or seller, or an option to buy, whether direct or 
 indirect, if the individual's share of the partnership interest 
 has a market value in excess of $2,500 as shown on the real 
 estate tax statement for the property or (ii) an option to buy, 
 which property has a fair market value of $50,000 or more; and 

    (e) In supplementary statements only, the amount of each 
 honorarium in excess of $50 received since the last statement, 
 together with the name and address of the source. 

    Any listing under clause (c) or (d) shall indicate the 
 street address and the municipality or the section, township 
 range and approximate acreage, whichever applies, and the county 
 wherein the property is located. 

    HIST: 1980 c 362 s 13; 1986 c 444; 1987 c 218 s 5; 1990 c 608 
 art 2 s 5 

     383B.054 Reports and statements; requirements. 

    Subdivision 1.    Certification.  A report or statement 
 required by sections 383B.046 to 383B.054 shall be signed and 
 certified as true by the individual required to file the 
 report.  Any individual who signs and certifies to be true a 
 report or statement which the individual knows contains false 
 information or who knowingly omits required information is 
 guilty of a gross misdemeanor. 

    Subd. 2.  The filing officer shall promptly transmit to the 
 appropriate city clerk a copy of each statement and report filed 
 by a candidate for city office, a political committee or fund 
 that discloses contributions or expenditures to influence a city 
 or an elected city official.  The filing officer and each city 
 clerk shall retain the statements, reports and copies and make 
 them available for public inspection for a period of five years 
 after the date of receipt by the filing officer. 

    Subd. 3.    Changes and corrections.  Any material 
 changes in information previously submitted and any corrections 
 to a report or statement shall be reported in writing to the 
 filing officer within ten days following the date of the event 
 prompting the change or the date upon which the individual 
 filing became aware of the inaccuracy.  The change or correction 
 shall identify the form and the paragraph containing the 
 information to be changed or corrected.  Any individual who 
 willfully fails to report a material change or correction is 
 guilty of a misdemeanor. 

    Subd. 4.    Recordkeeping.  Each individual required to 
 file any report or statement or to keep any account pursuant to 
 sections 383B.046 to 383B.054 shall maintain and preserve for 
 four years the records, including any vouchers, canceled checks, 
 bills, invoices, worksheets and receipts, that will provide in 
 sufficient detail the necessary information from which the 
 accounts and the filed reports and statements may be verified, 
 explained, clarified and checked for accuracy and completeness. 

    Subd. 5.    Penalties.  The filing officer shall notify 
 by certified mail or personal service any individual who fails 
 to file a statement or report required by sections 383B.046 to 
 383B.054.  Except for any campaign report of a principal 
 campaign committee due before an election, if an individual 
 fails to file any statement or report within seven days after 
 receiving a notice, the filing officer may impose a late filing 
 fee of $5 per day, not to exceed $100, commencing on the eighth 
 day after receiving notice.  If a treasurer of a principal 
 campaign committee fails to file a campaign report due before an 
 election within three days of the date due, regardless of 
 whether the treasurer has received any notice, the filing 
 officer may impose a late filing fee of $50 per day, not to 
 exceed $500, commencing on the fourth day after the date the 
 statement was due.  The filing officer shall further notify by 
 certified mail or personal service any individual who fails to 
 file any statement or report within 21 days after receiving a 
 first notice that the individual may be subject to a criminal 
 penalty for failure to file the statement or report.  An 
 individual who knowingly fails to file the statement or report 
 within seven days after receiving a second notice from the 
 filing officer is guilty of a misdemeanor.  A filing officer who 
 violates any provision of this subdivision is guilty of a 
 misdemeanor. 

    Subd. 6.    Recovery of late filing fees.  A filing 
 officer may bring an action in the Hennepin county municipal 
 court to recover any late filing fee imposed pursuant to 
 subdivision 5.  All money recovered shall be deposited in the 
 general fund of Hennepin county.  

    Subd. 7.    Reports of violations.  If any individual 
 other than a county official or candidate for county office 
 fails to file the required statement or report within seven days 
 after a second notice as provided in subdivision 5, the filing 
 officer shall inform the Hennepin county attorney that a second 
 notice was sent and that the individual failed to file the 
 required statement or report.  If a county official or candidate 
 fails to file a report or statement after a second notice as 
 provided in subdivision 5, the filing officer shall notify the 
 attorney general. 

    Subd. 8.  Any deputy, clerk, employee or other subordinate 
 of a filing officer who has knowledge or reason to believe that 
 a violation of sections 383B.041 to 383B.057 has occurred, shall 
 immediately transmit a report of that knowledge or belief to 
 that filing officer, together with any evidence of the violation 
 coming into the subordinate's possession.  Any filing officer 
 who has knowledge or reason to believe that a violation of 
 sections 383B.041 to 383B.058 has occurred shall immediately 
 transmit a report of that knowledge or belief to the county 
 attorney of the county in which the violation is thought to have 
 occurred, together with any evidence of the violation coming 
 into the filing officer's possession.  The filing officer shall 
 also immediately send a copy of the report to the campaign 
 finance and public disclosure board.  A violation of this 
 subdivision is a misdemeanor. 

    HIST: 1980 c 362 s 14; 1986 c 444; 1997 c 202 art 2 s 63 

     383B.055 Duties of campaign finance and public 
  disclosure board; filing officers. 

    Subdivision 1.  The state campaign finance and public 
 disclosure board shall: 

    (1) issue and publish advisory opinions concerning the 
 requirements of sections 383B.041 to 383B.057 upon application 
 in writing by the county filing officer of Hennepin county or 
 any individual or association who wishes to use the opinion to 
 guide the applicant's own conduct; and 

    (2) exempt any individual or association required to 
 disclose information under sections 383B.046 to 383B.05 from any 
 requirement of those sections in the same manner as it exempts 
 any individual or association from disclosure requirements under 
 chapter 10A.  An individual or association exempted from the 
 disclosure provisions of chapter 10A, shall also be exempt from 
 the disclosure provisions of sections 383B.046 to 383B.05. 

    Subd. 2.  The county filing officer of Hennepin county 
 shall develop forms for all statements and reports required to 
 be filed under sections 383B.041 to 383B.054.  The filing 
 officer shall furnish sufficient copies of the forms to all 
 officers with whom candidates file affidavits or applications of 
 candidacy and nominating petitions. 

    Subd. 3.  An officer who receives affidavits or 
 applications of candidacy or nominating petitions shall mail or 
 deliver a copy of each form required to be filed by a candidate 
 to each candidate who files an affidavit, application or 
 petition with that officer or for whom a write-in vote is cast 
 on the ballot of that jurisdiction.  Any officer who fails to 
 carry out the duties imposed by this subdivision is guilty of a 
 misdemeanor. 

    HIST: 1980 c 362 s 15; 1986 c 444; 1990 c 608 art 7 s 4,5; 
 1997 c 202 art 2 s 63 

     383B.056 Penalties. 

    Except as expressly provided to the contrary in sections 
 383B.041 to 383B.055, a violation of sections 383B.041 to 
 383B.055 is not a crime. 

    HIST: 1980 c 362 s 16 

     383B.057 Prosecution of violations. 

    Except as otherwise provided in this section, a violation 
 of a criminal provision of sections 383B.041 to 383B.056 shall 
 be prosecuted by the Hennepin county attorney in the Hennepin 
 county municipal court.  A violation by a county official or 
 candidate shall be prosecuted by the attorney general in the 
 district court of Ramsey county. 

    HIST: 1980 c 362 s 17 

     383B.058 Local ordinances and charters superseded. 

    Except as provided in this section, sections 383B.041 to 
 383B.057 supersede the provisions of any ordinance or resolution 
 of a jurisdiction governed by sections 383B.041 to 383B.058 or 
 any existing special law or home rule charter provision 
 requiring disclosure of information related to the financing of 
 election campaigns or requiring disclosure of economic interests 
 by candidates and elected officials of that jurisdiction.  The 
 governing body of Hennepin county, the governing body of any 
 home rule charter city or statutory city located wholly in 
 Hennepin county, and the school board of special school district 
 No. 1, Minneapolis may adopt or continue in force ordinances or 
 resolutions that:  

    (a) Impose limits on the amount that any individual or 
 association may contribute to any candidate for elected office 
 in that jurisdiction; 

    (b) Require disclosure of economic interests in addition to 
 those required to be disclosed under section 383B.053; or 

    (c) Require other public officials of that jurisdiction to 
 make such disclosure.  Any home rule charter city that adopts a 
 charter provision modifying or superseding any provision of 
 sections 383B.041 to 383B.057 shall file a copy of the charter 
 provision with the campaign finance and public disclosure board 
 within 60 days of its adoption. 

    HIST: 1980 c 362 s 18; 1987 c 218 s 6; 1997 c 202 art 2 s 63 

     383B.061 Legislative research committee. 

    In Hennepin county there is hereby created a legislative 
 research committee.  The committee shall consist of the senators 
 and representatives in the legislature from the county. 

    The committee may investigate and study, accumulate, 
 compile, analyze, and report on information concerning policies, 
 plans, programs, and procedures relating to or affecting the 
 fiscal and legislative needs of the county and any governmental 
 or political subdivision within the county, including any school 
 district, and any metropolitan or district authority having 
 jurisdiction in any area of the county.  The committee shall 
 gather information and provide material to be used by senators 
 and representatives from the county in their work while the 
 legislature is in session and in connection with any legislative 
 proposals affecting the county and such subdivisions.  It may 
 appoint subcommittees to perform any of its functions or duties. 

    The committee or any subcommittee appointed by it may sit 
 at any time and place as it deems advisable.  It shall meet at 
 least once in each quarter and shall meet at any time upon the 
 call of the chair.  Nine members constitute a quorum.  A 
 majority of the quorum may act in any matter coming within the 
 jurisdiction of the committee. 

    The committee shall select a chair and a vice-chair from 
 its own members and may prescribe its rules of procedure.  It 
 may appoint a secretary who need not be a member.  The committee 
 may employ such other persons and obtain the assistance of such 
 research agencies as its deems necessary. 

    The members of the committee and the members of any 
 subcommittee shall be compensated for expenses necessarily 
 incurred in the performance of their official duties. 

    The county board shall appropriate from the county general 
 revenue fund for the purpose of this section the sum of $20,000 
 for the use of the committee during the biennium ending December 
 31, 1966, and the sum of $20,000 for the use of the committee 
 during each biennium thereafter.  For the payment of the 
 expenses of the committee it shall draw its warrants upon the 
 county treasurer.  These warrants shall be signed by the chair 
 and one other member of the committee and approved by the county 
 auditor.  The county treasurer shall pay them as and when 
 presented but not exceeding in any year the amount provided 
 therefor. 

    HIST: 1965 c 849 s 1-6; 1986 c 444 

     383B.063 Fort Snelling precinct. 

    That part of Fort Snelling Reservation in the 32nd 
 legislative district of the state of Minnesota shall constitute 
 one precinct for the electors resident therein.  The county 
 board of Hennepin county shall provide for and designate a 
 polling place for this precinct, which may be within the 
 municipality of Richfield. 

    HIST: 1963 c 477 s 1,2 

     383B.101 County administrator's office; establishment. 

    The office of the Hennepin county administrator is 
 created.  The Hennepin county administrator shall be the chief 
 administrative officer of the county government and shall be 
 responsible to the Hennepin county board of commissioners for 
 the administration of all departments, offices and agencies of 
 county government which, by law, are subject to the authority of 
 the board.  The county administrator shall exercise all 
 authority and shall perform all duties, which, by resolution, 
 are delegated to the office of administrator by the board.  
 Notwithstanding any other law to the contrary, all of the 
 business of the county acted upon by the board shall be referred 
 to the administrator, who shall implement such action as the 
 board directs or authorizes. 

    HIST: 1979 c 198 art 1 s 1 

     383B.102 Powers and duties. 

    The administrator shall exercise general supervision over 
 all county institutions, departments and agencies, and with the 
 approval of the board, coordinate the activities of the county 
 and unify the management of its affairs.  If directed by the 
 board, the administrator may act as the head of any bureau or 
 department, the appointment of which is made by the board, 
 provided the administrator has the qualifications required by 
 law.  The administrator's powers and duties shall include, but 
 are not limited to, the following: 

    (a) Hire qualified office staff in the classified or 
 unclassified service to assist in the performance of the 
 administrator's duties as approved by the board; 

    (b) Provide for the execution of all ordinances, 
 resolutions and orders of the board and all laws of the state 
 required to be enforced through the board by the administrator 
 or by officers who are under the direction and supervision of 
 the administrator; 

    (c) Appoint, suspend and remove, with approval of the 
 board, all personnel in the unclassified service who directly 
 report to the administrator; 

    (d) Provide for county purchases, including purchases of 
 service, as directed by the county board; 

    (e) Perform all duties, functions and responsibilities 
 provided by law of the offices enumerated in Laws 1967, chapter 
 599, notwithstanding contrary provisions therein as are provided 
 by general and special law.  The administrator may, with 
 approval of the board, appoint and designate persons to carry 
 out those duties, functions and responsibilities; 

    (f) Prepare and submit to the board a proposed annual 
 budget and long-range capital expenditure program as provided 
 for in sections 383B.111 to 383B.119; 

    (g) Prepare, submit and update, if directed by the board to 
 do so, an administrative code incorporating the details of 
 administrative procedures for the operation of the county; 

    (h) Examine the books and papers of officers and 
 departments of the county with the assistance of internal audit 
 or independent audit, as the board may direct, and report the 
 findings to the board.  Keep the board fully advised as to the 
 financial condition and needs of the county and make such other 
 reports as the board or the administrator deems advisable; and 

    (i) Attend meetings of the board and make recommendations. 

    HIST: 1979 c 198 art 1 s 2; 1980 c 573 s 16 

     383B.103 Compensation; removal. 

    The administrator shall be appointed by the board.  The 
 administrator shall serve at the pleasure of the board.  The 
 board may designate a properly qualified person to perform the 
 duties of the administrator during the absence or disability of 
 the administrator.  The board shall set the administrator's 
 compensation and provide for a termination allowance, which 
 shall be equal to the severance pay allowable to employees of 
 the unclassified service. 

    HIST: 1979 c 198 art 1 s 3 

     383B.111 Budget and financial administration. 

    Subdivision 1.    Duties of the county board.  The board 
 of commissioners of Hennepin county shall annually adopt a 
 budget for the next fiscal year.  The budget shall be a complete 
 financial plan for the next year.  The board may create fund 
 accounts which shall be in accordance with generally accepted 
 accounting principles and such statutes and regulations issued 
 by state or federal regulatory agencies as may be applicable to 
 account for the assets, liabilities, revenues and expenditures 
 of the county. 

    Subd. 2.    Duties of the county administrator.  The 
 county administrator shall prepare and present recommendations 
 concerning the budget to be adopted for the next fiscal year, 
 implement accounting practices consistent with generally 
 accepted accounting principles and implement other matters of a 
 budget, financial or accounting nature as required.  The 
 administrator may establish administrative guidelines and 
 procedures necessary to carry out the purposes of sections 
 383B.111 to 383B.119. 

    HIST: 1979 c 198 art 2 s 1 

     383B.112 Annual budget. 

    Subdivision 1.    Format.  The board may utilize any 
 combination of expenditure classifications by fund, 
 organization, program, purpose or activity.  The budget shall 
 begin with a general summary of its contents and shall detail 
 all estimated revenues, including the property tax levy, and all 
 estimated expenditures, including debt service for the next 
 fiscal year.  The total of estimated expenditures for the next 
 fiscal year shall not exceed the total of estimated revenues and 
 any surplus amounts deemed to be available at the end of the 
 current fiscal year.  Amounts in funds unexpended at the end of 
 the fiscal year which are permitted by generally accepted 
 accounting principles to be carried over from one fiscal year to 
 the next may be carried over in accordance with those 
 principles.  Unexpended amounts may be restricted by the board 
 to finance contingent obligations which may become payable in 
 subsequent fiscal years.  The budget shall include both 
 operating and capital revenues and expenditures as detailed in 
 subdivisions 2 and 3. 

    Subd. 2.    Operating budget.  The budget shall include 
 information showing operating revenues, expenditures and 
 personnel for the applicable fiscal year. 

    Subd. 3.    Capital budget.  The budget shall include 
 the capital expenditures proposed for the applicable fiscal year 
 by project and the proposed method and plan of financing of each 
 capital project. 

    HIST: 1979 c 198 art 2 s 2 

     383B.113 Long-range capital program. 

    Subdivision 1.    Format.  The board shall review and 
 consider a long-range capital improvement program at the time of 
 approval of the budget specified in section 383B.112.  The 
 capital program shall contain information specifying: 

    (a) a general summary of its contents; 

    (b) a list of all capital projects proposed to be 
 undertaken during the term of the program, with appropriate 
 supporting information as to the necessity for such proposed 
 project; and 

    (c) cost estimates, method of financing and recommended 
 time schedules for each project.  Information may be revised and 
 extended with regard to capital projects still pending or in the 
 process of construction or acquisition. 

    Subd. 2.    Advisory committee.  The board may appoint a 
 citizens advisory committee to assist the board in preparing the 
 capital program.  Advisory committee members shall be allowed a 
 per diem not to exceed $50 for meetings relating to advice and 
 recommendations concerning the capital program.  In addition, 
 each member may be reimbursed for actual and necessary expenses 
 incurred as a result of the meetings. 

    HIST: 1979 c 198 art 2 s 3 

     383B.114 Appropriations and tax levy. 

    Subdivision 1.    Budget adoption.  Adoption of the 
 budget, pursuant to section 383B.111, by the board shall 
 constitute appropriations of the amounts specified therein to 
 the funds and departments indicated and shall constitute for 
 each fund a levy of the tax therein as required. 

    Subd. 2.    Lapse of appropriations.  Each 
 appropriation, except an appropriation for a capital expenditure 
 and those restricted or varied forward pursuant to section 
 383B.112, subdivision 1, lapses at the close of the fiscal year 
 to the extent that it has not been expended or encumbered.  An 
 appropriation for a capital expenditure continues in force until 
 the purpose for which it was made has been accomplished or 
 abandoned.  The purpose of a capital expenditure appropriation 
 shall be deemed abandoned if three years pass from the date of 
 the appropriation without a disbursement from or encumbrance of 
 the appropriation. 

    HIST: 1979 c 198 art 2 s 4 

     383B.115 Amendments. 

    Subdivision 1.    Supplemental appropriations.  The 
 board may make supplemental appropriations during the course of 
 a budget year.  Such appropriations may authorize the use and 
 expenditure of amounts accruing to the county which were not 
 previously anticipated as revenues by the board in the adoption 
 of the budget. 

    Subd. 2.    Changes in appropriations.  The board may by 
 resolution make modifications in the adopted budget or in the 
 appropriation to any department or fund, or may transfer amounts 
 from one department or fund to another department or fund except 
 as the transfers may be otherwise restricted by law. 

    HIST: 1979 c 198 art 2 s 5 

     383B.116 Payment procedures and accounting. 

    Subdivision 1.    Payment of obligations.  The county 
 shall pay for obligations in accordance with appropriations duly 
 made.  Payment and distribution shall be made in accordance with 
 methods and procedures established by the county administrator, 
 pursuant to section 383B.111 and consistent with sections 471.35 
 to 471.41.  

    Subd. 2.    Payment by warrant.  Payments of claims and 
 obligations of the county shall be made by warrant.  Where the 
 county is authorized by law to make investments, persons 
 designated by the board may, in accordance with rules and 
 procedures established by the administrator, make electronic or 
 wire transfers of funds notwithstanding any other law to the 
 contrary. 

    Subd. 3.    Prohibited payments and obligations.  The 
 making of payments or the incurring of obligations in excess of 
 appropriations or when sufficient moneys are not or will not be 
 available to cover claims or meet obligations when they become 
 due and payable shall be prohibited.  This subdivision shall not 
 apply to investments authorized by law to be made on behalf of 
 the county. 

    Subd. 4.    Illegal expenditure.  A commissioner who 
 knowingly authorizes or makes a payment or incurs an obligation 
 in violation of the provisions of sections 383B.111 to 383B.119 
 is guilty of a gross misdemeanor.  When deficits are incurred or 
 anticipated as a result of services required to be performed 
 pursuant to Minnesota Statutes, chapters 393 and 401, and Laws 
 1963, chapter 738, as amended, this subdivision shall not apply. 

    Subd. 5.    Borrowing between funds.  Subject to 
 procedures developed by the administrator, warrants issued on 
 one fund in which there is a temporary insufficiency of money 
 may be redeemed by the county treasury through temporary 
 borrowing from any other fund in the treasury for a period not 
 to exceed one year. 

    HIST: 1979 c 198 art 2 s 6 

     383B.117 Certificates of indebtedness. 

    Subdivision 1.    Tax anticipation certificates.  At any 
 time after the first day of the year following the making of an 
 annual tax levy, the county board may, by resolution and without 
 public referendum, issue certificates of indebtedness in 
 anticipation of the collection of taxes levied for any fund and 
 not yet collected.  The total of all certificates issued against 
 any fund for any year with interest thereon until maturity, 
 together with all orders outstanding against the fund, shall not 
 exceed the total current taxes for the fund uncollected at the 
 time of issuance plus the cash currently in the fund.  If 
 certificates are issued against the anticipated tax levy for any 
 fund, any unpaid orders outstanding against the fund shall be 
 redeemed from the proceeds of the certificates.  All tax 
 anticipation certificates shall be negotiable and shall be 
 payable to the order of the payee and shall have a definite due 
 date but may be payable on or before that date.  No certificate 
 shall be issued to become due and payable later than the first 
 day of April of the year following the year of issuance.  
 Certificates shall be sold for not less than par and accrued 
 interest and shall bear interest at a rate that conforms to 
 section 475.55, payable at maturity or at such earlier times as 
 the board may determine.  Each certificate shall state upon its 
 face the fund for which the proceeds of the certificate shall be 
 used, the total amount of the certificates so issued against the 
 fund and the total amount embraced in the tax levy for that 
 fund.  They shall otherwise be issued on terms and conditions as 
 the board may determine.  The proceeds of the taxes assessed on 
 account of the fund against which tax anticipation certificates 
 are issued and the full faith and credit of the county shall be 
 irrevocably pledged for the redemption of the certificate in the 
 order of issuance against the fund. 

    Subd. 2.    Equipment acquisition; capital notes.  The 
 board may, by resolution and without public referendum, issue 
 capital notes within existing debt limits for the purpose of 
 purchasing ambulance and other medical equipment, road 
 construction or maintenance equipment, public safety equipment 
 and other capital equipment having an expected useful life at 
 least equal to the term of the notes issued.  The notes shall be 
 payable in not more than five years and shall be issued on terms 
 and in a manner as the board determines.  The total principal 
 amount of the notes issued for any fiscal year shall not exceed 
 one percent of the total annual budget for that year and shall 
 be issued solely for the purchases authorized in this 
 subdivision.  A tax levy shall be made for the payment of the 
 principal and interest on such notes as in the case of bonds. 

    Subd. 3.    Public emergencies.  The board may, by 
 resolution and without public referendum, issue certificates of 
 indebtedness pursuant to section 475.754, to meet expenses 
 incurred or to be incurred by reason of any natural disaster or 
 other public emergency requiring the making of extraordinary 
 expenditures. 

    HIST: 1979 c 198 art 2 s 7; 1982 c 577 s 12,13 

     383B.118 Fees. 

    Subdivision 1.    Fee system.  Where the legislature 
 does not by statute establish a charge or the imposition of a 
 fee for the recording, filing, certification, or providing of 
 copies of any instrument, document or other papers, or for the 
 services of any county office, official, department, or employee 
 thereof, or a court system located entirely within any county:  
 the board of county commissioners after a public hearing may 
 establish a system of fees or charges for such services. 

    Subd. 2.    Extraordinary services.  When in the 
 discretion of the board of county commissioners, a service is 
 requested of any county office or agent, beyond that which would 
 normally be provided in the ordinary course of business of such 
 office or agent, the board of county commissioners after a 
 public hearing may establish a fee or charge therefor based upon 
 the cost of providing such service. 

    HIST: 1979 c 198 art 2 s 8 

     383B.119 Financial statements and audits. 

    Subdivision 1.    Financial statements.  Annually, the 
 board of commissioners shall cause to be prepared a financial 
 report, including financial statements for all of the funds of 
 the county of Hennepin prepared in accordance with generally 
 accepted accounting principles. 

    Subd. 2. Repealed, 1991 c 345 art 1 s 117 

    Subd. 3.    Publication and distribution.  The board of 
 commissioners shall publish the annual financial statements in 
 accordance with the requirements of section 375.17.  The annual 
 audited financial statements shall be made available for public 
 inspection upon request. 

    HIST: 1979 c 198 art 2 s 9; 1991 c 345 art 1 s 91; 1992 c 363 
 art 1 s 16 

     383B.121 Adult corrections facility. 

    Subdivision 1.  To implement the provisions of Laws 1975, 
 chapter 402, section 1, and Laws 1977, chapter 453, section 4, 
 subdivision 3, the Hennepin county board of commissioners is 
 authorized to establish and operate a corrections facility in 
 Hennepin county for the confinement of adult males and females 
 as the district court for the fourth judicial district or the 
 Hennepin county municipal court shall order confined there for 
 the service of sentences which alone or in combination with any 
 other sentence requires imprisonment for no longer than one year.

    Subd. 2.    Name.  The corrections facility provided for 
 in sections 383B.121 to 383B.129 shall be called the Hennepin 
 county adult corrections facility. 

    Subd. 3.    Location, land and buildings.  The 
 corrections facility shall be located in Hennepin county and 
 shall be maintained and operated upon lands and in buildings, 
 structures, and appurtenances thereto as the county has acquired 
 or shall acquire by transfer from or exchange with any 
 municipality within the county, or by purchase, lease, gift, or 
 by the provisions of section 375.181. 

    HIST: 1979 c 198 art 3 s 1-3 

     383B.122 Superintendent. 

    The board may employ a superintendent for the corrections 
 facility.  The superintendent shall manage the land, structures, 
 and equipment of the corrections facility, and shall direct the 
 work of all personnel employed at or in connection with the 
 operation of the corrections facility and the conduct of all 
 activities at the corrections facility. 

    HIST: 1979 c 198 art 3 s 4,5; 1980 c 573 s 17 

     383B.123 Rules. 

    The superintendent of the corrections facility shall, 
 subject to the approval of the board, adopt rules, regulations, 
 and procedures necessary for:  

    (1) implementing the provisions of sections 383B.121 to 
 383B.123; 

    (2) providing for the secure confinement, health, and 
 safety of, and the provision of programs and services for 
 inmates of the corrections facility; and 

    (3) complying with the laws of the state and provisions of 
 the federal and state constitutions applicable to the status and 
 rights of inmates of corrections facilities. 

    HIST: 1979 c 198 art 3 s 6 

     383B.124 Work release program. 

    The provisions of the inmate work release program set out 
 in section 631.425 shall be applicable to the inmates of the 
 corrections facility and, for the purposes of application of the 
 statute to the inmates and personnel of the corrections 
 facility, the superintendent shall be a "sheriff," and the 
 corrections facility shall be a "jail." 

    HIST: 1979 c 198 art 3 s 7 

     383B.125 Manufacture of goods. 

    Subdivision 1.  The board, upon the recommendations of the 
 county administrator and the superintendent, is authorized to 
 establish, equip, maintain, and operate at the corrections 
 facility a factory for the manufacture, processing, repairing, 
 and production of goods, wares, and merchandise and for that 
 purpose to make use of the labor of inmates and to employ a 
 staff which the board determines necessary for the proper 
 instruction and employment of inmates. 

    Subd. 2.  Notwithstanding the provisions of sections 
 373.01, subdivision 1, clause (3) and 375.21, the board shall 
 establish procedures for setting the terms and conditions under 
 which the county will either sell the products manufactured or 
 will charge for the production, repair, or processing of 
 materials by inmates of the corrections facility. 

    Subd. 3.  The superintendent, with the approval of the 
 board, shall provide for wages to inmates employed under this 
 section as the superintendent may deem proper, the amount of the 
 wage to depend upon the quality and character of the work 
 performed as determined by the superintendent. 

    HIST: 1979 c 198 art 3 s 8; 1986 c 444 

     383B.126 Private industry on grounds of corrections 
  facility. 

    Subdivision 1.  Notwithstanding the provisions of any law 
 to the contrary, the board, upon the recommendations of the 
 administrator and the superintendent may lease space in any of 
 the buildings of the corrections facility together with real 
 estate needed for reasonable access to the leased building to a 
 private person, firm or corporation for the purpose of 
 establishing and operating a factory under written contract for 
 the manufacture and processing of goods, wares, or merchandise, 
 in a manner and upon terms determined by the board to be 
 consistent with the proper training and employment of inmates of 
 the corrections facility and in the best fiscal interests of the 
 county. 

    Subd. 2.  The private person, firm, or corporation 
 operating a factory or other business or commercial enterprise 
 under this section shall: 

    (1) select the inmates to be employed, subject to the 
 approval of the superintendent, consistent with the 
 superintendent's responsibility for security, control, and 
 public safety; 

    (2) provide coverage for workers' compensation benefits as 
 provided in chapter 176; 

    (3) pay wages and benefits to the inmates employed at the 
 prevailing minimum wages and benefits for work of a similar 
 nature performed by employees with similar skills in the county; 

    (4) withhold from the wages of the inmates employed and pay 
 all amounts in the manner required by law for state and federal 
 income taxes and FICA taxes and keep and maintain records 
 required by state and federal law in that connection; and 

    (5) be solely liable for and indemnify and save the county, 
 its officers, agents, and employees harmless from all claims of 
 every type, nature, or description that arise out of or are 
 connected with the conduct of a factory, business, or commercial 
 enterprise under this section.  This provision shall be a part 
 of all leases and contracts entered into hereunder irrespective 
 of any references thereto in a lease and contract. 

    Subd. 3.  The authority of the superintendent over the 
 corrections facility and its inmates shall not be diminished by 
 this section. 

    Subd. 4.  The rents and costs to be paid by any person, 
 firm, or corporation employing inmates under this section shall 
 be fixed and determined by the board upon the recommendations of 
 the administrator and the superintendent and shall be in an 
 amount the board determines to be in the best interests of the 
 county and consistent with the operations and programs of the 
 corrections facility. 

    HIST: 1979 c 198 art 3 s 9 

     383B.127 Diminution of sentence. 

    The provisions of section 643.29 shall be applicable to the 
 diminution of sentences of inmates of the corrections facility. 

    HIST: 1979 c 198 art 3 s 10 

     383B.128 Inmate maintenance costs. 

    Subdivision 1.  Each municipality in which conduct alleged 
 in a misdemeanor complaint occurs shall pay to Hennepin county 
 for the maintenance cost of the inmate convicted thereon and 
 sentenced to confinement in the corrections facility the sum per 
 diem as it may cost the county for the average maintenance per 
 inmate.  The administrator and superintendent shall at the first 
 meeting of the county board in August of each year submit for 
 the board's approval a determination of the maintenance cost per 
 diem per inmate of the corrections facility which shall be based 
 upon the actual costs, records of receipts, disbursements, and 
 other data for the preceding year, adjusted by applying to the 
 preceding years' rate any cost of living increase or decrease 
 for the year ending June 30 of the current year.  The costs 
 shall include the cost, not to exceed $1 per day per inmate, of 
 the premises or structures of the corrections facility or of any 
 permanent improvements or repairs.  The superintendent shall 
 render monthly bills to the municipalities for the maintenance 
 costs provided for by this section. 

    Subd. 2.  The obligation to pay the maintenance cost per 
 inmate for inmates serving concurrent sentences for misdemeanors 
 committed shall be borne equally by the municipalities in which 
 the misdemeanor conduct occurred.  The obligation to pay the 
 maintenance cost provided in this section for any inmate serving 
 a misdemeanor sentence imposed by a court of Hennepin county 
 concurrently with any sentence imposed by courts of another 
 county or counties shall be borne equally by the different 
 county or counties and the municipality within Hennepin county 
 in which the misdemeanor conduct occurred. 

    Subd. 3.  The city of Plymouth shall not be liable for the 
 maintenance cost of any inmate confined at the corrections 
 facility for the service of a sentence imposed for conviction of 
 any offense committed on or arising out of the inmate's 
 confinement at or escape from the premises of the corrections 
 facility in the city of Plymouth. 

    Subd. 4.  The superintendent shall collect from each inmate 
 employed under the provisions of sections 383B.125 and 383B.126 
 and each inmate in the work release program provided for in 
 section 631.425, a per diem amount as a contribution to the 
 inmate's maintenance cost provided for in this section.  The 
 superintendent shall determine with the approval of the county 
 board the per diem amount provided for herein.  The per diem 
 amount collected from each inmate shall be subtracted from any 
 amount charged to a municipality or another county for the 
 maintenance cost of the inmate. 

    HIST: 1979 c 198 art 3 s 11; 1986 c 444; 1988 c 665 s 3 

     383B.129 Inmates from other jurisdictions. 

    To the extent that the proper confinement, health, and 
 safety of inmates permit, the superintendent may accept for 
 confinement for periods not exceeding one year persons ordered 
 confined at the corrections facility for the execution of 
 sentences imposed in any county court or district court of the 
 state or in a United States magistrate's court or a district 
 court.  The maintenance cost for the inmate shall be the same as 
 that provided for in section 383B.128 and shall be borne by the 
 county or counties wherein the offense for which the inmate was 
 convicted occurred.  With respect to any inmate convicted in a 
 United States magistrate's court or a district court the 
 maintenance cost of the inmate shall be the same as that 
 provided in section 383B.128 and shall be borne by the United 
 States.  Prior to accepting any inmate for confinement pursuant 
 to this section, the superintendent shall have completed an 
 agreement with the appropriate county, state, or federal 
 authority as to the terms, conditions, and duration of the 
 confinement and for the payment of maintenance costs. 

    HIST: 1979 c 198 art 3 s 12 

     383B.141 Authorization. 

    The county of Hennepin is authorized to establish, organize 
 and reorganize central purchasing within the county for the 
 purpose of purchasing all goods, materials, supplies, equipment 
 and contracted services required by any department, board, 
 commission or agency, and to perform or cause to be performed 
 all acts necessary and incidental to the acquisition, handling, 
 utilization and disposition of goods, materials, supplies, 
 equipment and contracted services. 

    HIST: 1979 c 198 art 4 s 1 

     383B.142 Procedure. 

    Subdivision 1.    Delegation of authority.  The county 
 board may by resolution delegate the powers and duties 
 enumerated in sections 383B.141 to 383B.151, and those powers 
 and duties necessary to the implementation of the purposes of 
 central purchasing specifying the nature, scope and extent of 
 the delegation.  The authority and responsibility subject to 
 delegation shall include, but not be limited to the following: 

    (a) purchasing and contracting for all goods, materials, 
 supplies, equipment and contracted services, as provided in 
 section 383B.143; 

    (b) preparation, review, modification and approval of all 
 plans and specifications for goods, materials, supplies, 
 equipment and contracted services; 

    (c) the transfer of any goods, materials, supplies, 
 equipment or contracted services to or between departments, 
 boards, commissions and agencies; 

    (d) selling or otherwise disposing of goods, materials, 
 supplies, equipment and contracted services which are unusable 
 or no longer required; and 

    (e) periodically reviewing and requiring department heads 
 to supply necessary data concerning inventories and surpluses 
 and monitoring compliance by department heads with purchasing 
 laws, rules, regulations and procedures. 

    Subd. 2.    Administrator's duties.  Notwithstanding the 
 provisions of section 373.02, the county board may delegate its 
 purchasing powers and duties to the county administrator.  The 
 county administrator, wherever referred to in sections 383B.141 
 to 383B.151, may designate and delegate a purchasing manager or 
 other person to perform the tasks empowered or assigned to the 
 county administrator.  Any purchase in excess of $3,500 shall 
 require the signature of the county administrator or designee. 

    HIST: 1979 c 198 art 4 s 2; 1986 c 444 

     383B.143 Contracts for purchases. 

    Subdivision 1.    Contracts.  Notwithstanding the 
 provisions of sections 373.01 and 373.02, the administrator has 
 authority to enter into contracts for the purchase of goods, 
 materials, supplies, equipment or services under the terms, 
 conditions or restrictions contained in sections 383B.141 to 
 383B.151 or of any resolution of the board.  Authority to enter 
 into price agreements may be delegated to the administrator, who 
 may authorize heads of departments to make purchases within the 
 scope of the agreements. 

    Subd. 2.    Installment purchases.  The board may enter 
 into agreements for installment purchases or lease purchases of 
 equipment for periods not to exceed seven years.  Authority 
 therefor shall not be delegated.  When the agreements have been 
 entered into, the board shall make annual appropriations 
 sufficient to pay the annual amount due under the agreements. 

    Subd. 3.    Agreement duration.  Agreements, other than 
 installment purchase agreements or lease purchases, may be 
 entered into by the board for a duration not to exceed seven 
 years where performance thereunder so requires. 

    Subd. 4.    Small purchases; rules.  The board may 
 authorize, subject to rules promulgated by the administrator, 
 purchases other than those defined in subdivision 1, not to 
 exceed the sum of $250 for each purchase and not to exceed an 
 annual amount for all such purchases greater than $10,000 from 
 the total annual appropriation for any department. 

    Subd. 5.    Joint power agreements.  The board shall 
 have sole authority for entering into joint powers agreements or 
 cooperative purchase agreements under the provisions of section 
 471.59.  Upon the execution of agreements thereunder, the board 
 may delegate authority relating to purchases of goods, 
 materials, supplies, equipment or services. 

    HIST: 1979 c 198 art 4 s 3 

     383B.144 Prequalification. 

    Subdivision 1.    Rules.  Upon establishment of rules 
 and regulations defining the criteria and conditions for 
 prequalification of a bidder, the criteria and conditions and 
 lists of qualified bidders shall be made available for public 
 inspection by the administrator. 

    Subd. 2.    Wrongful exclusion.  Any prospective bidder 
 who claims to have been wrongfully deleted from the list of 
 qualified bidders shall have the right to receive in writing, 
 upon request, the reasons for such deletion. 

    HIST: 1979 c 198 art 4 s 4 

     383B.145 Competitive bidding. 

    Subdivision 1.    Governing law.  Competitive bidding 
 for purchases under the provisions of sections 383B.141 to 
 383B.151 shall be performed in compliance with the uniform 
 municipal contracting law, section 471.345, except as otherwise 
 provided for herein. 

    Subd. 2.    Emergency exception.  In the case of an 
 emergency arising from breakage, damage or decay or when the 
 public interest would suffer by delay, purchases may be made 
 without compliance with section 471.345, by the board or 
 administrator if authority has been delegated to make purchases 
 under sections 383B.141 to 383B.151.  If the administrator makes 
 the purchase, the board shall present the matter for 
 ratification and record it in the official proceedings of the 
 board at its next meeting. 

    Subd. 3.    Bidding not required.  When, by reason of a 
 copyright, patent or exclusive franchise, purchases can be made 
 only at a standard, fixed or uniform price and no advantage can 
 be secured by advertisement and competitive bidding because of 
 the noncompetitive nature of the item to be purchased, section 
 471.345 shall not apply. 

    Subd. 4.    Certain services, exceptions.  Contracts for 
 professional, noncompetitive, unique, or shared medically 
 related services provided for in the Hennepin county hospital 
 act, Laws 1963, chapter 738, shall not be governed by the 
 provisions of section 471.345. 

    Subd. 5.    Set-aside contracts.  Notwithstanding any 
 other law to the contrary, the board may set aside an amount, 
 for each fiscal year, for awarding contracts to businesses and 
 social services organizations which have a majority of employees 
 who would be eligible for public assistance or who would require 
 rehabilitative services in the absence of their employment.  The 
 set-aside amount may not exceed two percent of the amount 
 appropriated by the board in the budget for the preceding fiscal 
 year.  Failure by the board to designate particular procurements 
 for the set-aside program shall not prevent vendors from seeking 
 the procurement award through the normal solicitation and 
 bidding processes pursuant to the provisions of the uniform 
 municipal contracting act, section 471.345. 

    The board may elect to use a negotiated price or bid 
 contract procedure in the awarding of a procurement contract 
 under the set-aside program.  The amount of the award shall not 
 exceed by more than five percent the estimated price for the 
 goods or services, if they were to be purchased on the open 
 market and not under the set-aside program.  Before contracting 
 with a business or service organization under the set-aside 
 program, the board or authorized person shall conduct an 
 investigation of the business or service organization with whom 
 it seeks to contract and shall make findings, to be contained in 
 the provisions of the contract, that: 

    (1) the vendor has in its employ at least 50 percent of its 
 employees who would be eligible to receive some form of public 
 assistance or other rehabilitative services in the absence of 
 the award of a contract to the vendor; 

    (2) the vendor has elected to apply to the board for a 
 contract under the set-aside provisions; and 

    (3) the vendor is able to perform the set-aside contract.  

    The board shall publicize the provisions of the set-aside 
 program, attempt to locate vendors able to perform set-aside 
 procurement contracts and otherwise encourage participation 
 therein. 

    Subd. 6.    Notice of sales and purchases.  All 
 purchases of, and contracts for, goods, materials, supplies, 
 equipment and services and all sales of personal property which 
 has become obsolete and unusable, where the amount of the 
 expenditure or sale is estimated to be $10,000 or more, shall be 
 solicited by reasonable public notice under rules promulgated by 
 the administrator with approval of the board.  The administrator 
 shall also solicit sealed bids by sending requests by mail to 
 prospective vendors.  Where by the provisions of sections 
 383B.141 to 383B.151, section 471.345 does not apply, the 
 requirements of this subdivision shall not apply. 

    Subd. 7.    Sealed bids.  All bids estimated to cost 
 $10,000 or more shall be sealed, in writing, accompanied by the 
 required deposit and shall remain sealed until opened as 
 provided by this subdivision.  The bids shall be publicly opened 
 by the administrator at a time and manner specified in the 
 published advertisements for bids, shall be read aloud and 
 tabulated by the administrator, or a designee.  The 
 administrator shall sign the tabulation immediately upon the 
 close of the bid opening and retain a signed copy for public 
 inspection. 

    Subd. 8.    Bid acceptance.  The administrator shall 
 award the contract to the lowest bid meeting specifications.  On 
 deeming that a bid other than the lowest bid is more 
 advantageous to the county, the administrator shall recommend 
 the award of the bid to the county board.  The board may approve 
 or disapprove the bid other than the lowest bid.  On 
 recommending a bid to the board other than the lowest bid, the 
 administrator shall state the reasons therefor and provide 
 documentation as the board may require.  The documentation shall 
 be available for public inspection. 

    Subd. 9.    Property transfers.  The administrator shall 
 have authority, upon approval by the county board, to transfer 
 to or to accept personal property from any unit of government 
 for no consideration or consideration as may be agreed upon 
 without compliance with the uniform municipal contracting law or 
 the advertising and bidding provisions in sections 383B.141 to 
 383B.151. 

    Subd. 10.    Collusive bids.  All bidders shall submit 
 statements, on forms provided by the administrator, of 
 noncollusion with all bids.  Failure to provide the statement 
 shall disqualify the bidder.  Collusive bidding shall be 
 punishable by a fine not to exceed $10,000 or imprisonment for a 
 period up to five years, or both. 

    HIST: 1979 c 198 art 4 s 5; 1986 c 444 

     383B.146 Purchases consistent with law. 

    The board, or the person or persons to whom purchasing and 
 contracting authority may be delegated, shall exercise the 
 authority consistent with sections 383B.141 to 383B.151. 

    HIST: 1979 c 198 art 4 s 6 

     383B.147 Vendor discounts. 

    Notwithstanding the provisions of sections 471.38 to 
 471.41, when purchases and agreements have been authorized and 
 when vendor discounts are available thereunder to the county 
 upon early payment, the administrator shall have authority to 
 authorize such early payment without prior board approval.  
 Authority hereunder may only be exercised when purchases and 
 agreements have been approved by the board and contain 
 provisions permitting discounts for early payment.  When early 
 payment is made, the board shall ratify such action and record 
 it in the official proceedings of the board. 

    HIST: 1979 c 198 art 4 s 7 

     383B.148 Rules and regulations. 

    The administrator, subject to the approval of the board, 
 shall adopt, promulgate, amend, as necessary, and file with the 
 board rules and regulations for the following purposes: 

    (a) prescribing the manner in which goods, materials, 
 supplies and equipment shall be purchased, delivered, stored and 
 distributed; 

    (b) prescribing the forms for requisitions, the manner of 
 their authentication and their revision by the administrator; 

    (c) prescribing the manner of inspecting all deliveries of 
 goods, materials, supplies and equipment and of making chemical 
 and physical tests of samples submitted with bids and samples of 
 deliveries to determine compliance with specifications; 

    (d) requiring reports by county departments, boards and 
 agencies of stocks of supplies, obsolete or unusable goods, 
 materials, supplies and equipment on hand and of purchases made 
 by department heads and prescribing the form of such report; 

    (e) providing for the sale and transfer to or between 
 county departments, boards, commissions and agencies of goods, 
 materials, supplies and equipment which are surplus with other 
 departments, boards, commissions or agencies, and for the 
 disposition by sale, after receipt of competitive bids of goods, 
 materials, supplies and equipment which are obsolete, unusable 
 or not needed; 

    (f) determining whether a deposit is to be submitted with a 
 bid on a purchase contract or sale and, if required, prescribing 
 the amount and form thereof and providing that the deposit shall 
 be forfeited if the successful bidder refuses to enter into a 
 contract and post a bond as required under section 383B.15, 
 subdivision 2; 

    (g) defining the criteria and conditions for 
 prequalification of bidders for the establishment of bidder 
 lists in a manner as to provide for competitive bidding from the 
 largest relevant market and to eliminate unqualified bidders, 
 products and services.  The criteria and conditions may take 
 into consideration quality, maintenance costs, available 
 warranties and other legal protections and other elements as 
 would be considered by any reasonable purchaser in selecting the 
 greatest value for the cost; 

    (h) prescribing the procedure and form for securing the 
 data necessary from bidders and prospective bidders to determine 
 whether or not they are responsible; 

    (i) prescribing the manner in which invoices for goods, 
 materials, supplies and equipment delivered to any and all 
 departments, boards, commissions and agencies of the county 
 shall be submitted, examined and approved; and 

    (j) providing for other matters necessary to effect the 
 provisions of sections 383B.141 to 383B.151. 

    HIST: 1979 c 198 art 4 s 8 

     383B.149 Purchases or contracts forbidden. 

    If any department, board, commission or agency of the 
 county government shall purchase or contract for any goods, 
 materials, supplies, equipment or services, or shall sell any 
 obsolete or unusable materials or equipment contrary to the 
 provisions of sections 383B.141 to 383B.151, such order, 
 contract or sale shall be void.  The head of the department, 
 board, commission or agency shall be personally liable for the 
 cost of the order or contract and for the reasonable value of 
 the materials or equipment sold.  If the order or contract is 
 already paid for out of county funds, the amount thereof may be 
 recovered in the name of the county by appropriate action.  
 Property sold contrary to the provisions of sections 383B.141 to 
 383B.151 or the reasonable value thereof may be likewise 
 recovered in the name of the county. 

    HIST: 1979 c 198 art 4 s 9 

     383B.15 Bonds. 

    Subdivision 1.    Employees.  All persons authorized to 
 make purchases and agreements on behalf of the county shall be 
 bonded in an amount fixed by the county board for the protection 
 of the county.  The bonds shall be approved and filed in the 
 manner as are official bonds of county officers. 

    Subd. 2.    Contractors.  The successful bidder under 
 the competitive bidding provisions shall at the time of 
 execution of the contract provide the county with a bond or 
 bonds conditioned as required by law.  The county administrator 
 may waive a bond or bonds, at discretion, on deciding that the 
 bond or bonds are not reasonable or necessary for the protection 
 of the county. 

    HIST: 1979 c 198 art 4 s 10 

     383B.151 Financial interest forbidden. 

    No official, person authorized to make purchases, or county 
 employee shall be financially interested, either directly or 
 indirectly, in any contract or purchase order for any goods, 
 materials, supplies, equipment or contracted service furnished 
 to or used by any department, board, commission or agency of the 
 county government.  No public official, person authorized to 
 make purchases, or county employee may accept or receive, 
 directly or indirectly from any person, firm or corporation to 
 which any contract or purchase order may be awarded any money or 
 anything of value whatsoever or any promise, obligation or 
 contract for future reward or compensation.  Any violation of 
 the provisions of this section shall be a gross misdemeanor. 

    HIST: 1979 c 198 art 4 s 11 

     383B.152 Building and maintenance fund. 

    The county board may by resolution levy a tax to provide 
 money which shall be kept in a fund known as the county reserve 
 building and maintenance fund.  Money in the fund shall be used 
 solely for the construction, maintenance, and equipping of 
 county buildings that are constructed or maintained by the 
 board.  The levy shall not be subject to any limit fixed by any 
 other law or by any board of tax levy or other corresponding 
 body, but shall not exceed 0.02215 percent of taxable market 
 value, less the amount required by chapter 475 to be levied in 
 the year for the payment of the principal of and interest on all 
 bonds issued pursuant to Extra Session Laws 1967, chapter 47, 
 section 1. 

    HIST: Ex1967 c 47 s 3; 1969 c 930 s 3; 1979 c 198 art 2 s 13; 
 1988 c 719 art 5 s 84; 1989 c 277 art 4 s 38; 1992 c 511 art 5 s 
 11 

     383B.153 Contingent account. 

    The board of county commissioners of Hennepin county is 
 hereby authorized to appropriate from the general revenue fund 
 of the county annually a sum not to exceed $7,000 as a 
 contingent account.  All expenditures from such account shall be 
 made only upon approval of five-sevenths of the members of such 
 board for such purposes as they deem for the best interests of 
 the county. 

    HIST: 1965 c 533 s 1; 1967 c 235 s 1; 1979 c 198 art 2 s 14 

     383B.155 Self-insurance. 

    Notwithstanding any contrary provision of other law, the 
 board of commissioners of Hennepin county may insure the county 
 against any claim of liability or loss using funds of the 
 county, without procuring insurance from any private insurance 
 company when the county board considers it to be in the best 
 interests of the county.  This provision shall not be construed 
 as an increase of the liability limitations or as a waiver of 
 defenses allowable in any action pursuant to chapter 466.  The 
 board may transfer amounts of money from funds of the county to 
 the funds the county may establish for the above purposes in 
 accord with generally accepted accounting principles.  The term 
 "liability" shall extend to all liability or loss that may be 
 covered by any form of insurance, including but not limited to 
 malpractice, general liability, or workers' compensation.  
 Section 471.617 applies to Hennepin county. 

    When Hennepin county purchases commercial insurance, the 
 coverage may include a deductible, the amount of which shall be 
 determined by the board of commissioners. 

    HIST: 1979 c 55 s 1,2; 1982 c 577 s 11 

  383B.157 Repealed, 1979 c 55 s 3 

     383B.159 Real property leases. 

    The county board of commissioners of Hennepin county may 
 contract for the leasing of real property from individuals, 
 private or public corporations, or other governmental agencies 
 for a period of no longer than five years duration. 

    HIST: 1969 c 476 s 1; 1977 c 69 s 1; 1979 c 198 art 4 s 12 

     383B.20 Parking facilities. 

    Subdivision 1.    Acquisition.  The county of Hennepin, 
 subject to the limitation imposed by subdivision 4, may use and 
 develop any property heretofore acquired or hereafter acquired 
 by gift, lease, purchase or condemnation proceedings, which 
 condemnation proceedings shall be in accordance with chapter 
 117, any real property within said county of Hennepin, or any 
 interest therein, deemed by the board of county commissioners to 
 be needed for the purposes of providing off-street parking 
 facilities in conjunction with any of the public buildings which 
 are under the control of the board of county commissioners for 
 county purposes.  The term "off-street parking facilities" as 
 used in this section includes lots, lanes, garages, ramps or 
 other structures and accessories. 

    Subd. 2.    Financing.  To finance the acquisition and 
 betterment of off-street parking facilities referred to in 
 subdivision 1, the board of county commissioners may issue 
 general obligation bonds or revenue bonds of Hennepin county, or 
 any combination of them.  The bonds shall be sold and issued in 
 accordance with chapter 475.  The net revenues derived from any 
 and all off-street parking facilities, whether financed by the 
 bonds or previously owned by the county, may be pledged to repay 
 the bonds and interest on them.  The board may by resolution 
 establish covenants concerning the operation, maintenance, and 
 financial records of the facilities, the establishment and 
 collection of sufficient charges for service, the custody and 
 use of the revenues, the priority of claims on revenues for the 
 payment of particular bonds, and other matters the board may 
 determine to be necessary or desirable for the marketing of the 
 bonds and the security of the holders or of the taxpayers.  No 
 election shall be required to authorize revenue bonds or general 
 obligation bonds for which revenues are pledged, and the bonds 
 shall be included in computing the net debt of the county.  
 Revenue bonds, for which the taxing power of the county is not 
 pledged, may be sold by private negotiation on the terms and 
 conditions the board of county commissioners may determine. 

    Subd. 3.    Lease and rental charges.  The county of 
 Hennepin may make such provision for the operation and 
 management of the facilities provided herein as it may deem 
 necessary, and it may lease and rent all or any off-street 
 parking facilities to persons, firms or corporations to be used 
 for purposes of automobile parking and fix the rentals to be 
 charged therefor, and when so leased, to regulate the rates and 
 charges to be exacted for the services so provided.  Such lease 
 may require the lessee to make improvements to become the 
 property of the county upon expiration or termination of the 
 lease.  The county may, in the alternative, employ any person, 
 firm, or corporation as operating manager and agent for the 
 county to operate and maintain any such facility or facilities 
 in behalf of the county under a contract defining the terms of 
 such employment. 

    Subd. 4.    Location; Minneapolis.  The county of 
 Hennepin may build not more than one off-street parking facility 
 within the city of Minneapolis.  The facility shall be located 
 in proximity to and primarily used for the Hennepin county 
 medical center and juvenile justice facility.  The amount of 
 bonded indebtedness to be issued for the facility shall not 
 exceed $11,000,000.  This section shall not limit the authority 
 of Hennepin county to build off-street parking facilities 
 outside of the city of Minneapolis. 

    HIST: 1969 c 1037 s 1; 1983 c 224 s 1,2,4 

     383B.203 Certification of tax lists. 

    Notwithstanding the provisions of section 275.28, 
 subdivision 2, the auditor in Hennepin county shall deliver to 
 the Hennepin county treasurer a certificate in the following 
 form: 

    I, A.B., auditor of Hennepin county, and the State of 
 Minnesota, do hereby certify that the correct list of the taxes 
 levied on the real and personal property in the various taxing 
 districts within the county of Hennepin for the year 19.. (being 
 the same year the property was assessed and the tax levied), to 
 become payable in the year 19.., has been placed in the 
 electronic data processing system for assessment and tax 
 accounting procedures. 

   Witness my hand and official seal this ............... day of 
 .............., 19... 
                           ................................ 
                                             County Auditor 

    Such tax lists, being certified as provided herein, are 
 hereby deemed, for all purposes of taxation, to be the official 
 tax lists for the county of Hennepin, and shall be the basis 
 upon which the Hennepin county treasurer shall collect the taxes 
 on all real and personal property within the county of Hennepin. 

    HIST: 1969 c 390 s 1 

     383B.205 Special assessments; certification fee. 

    Each home rule charter or statutory city, town, and every 
 board and department thereof, in any county now or hereafter 
 having a population of 600,000 or more shall pay to the county 
 auditor of such county a fee of five cents per installment of 
 each special assessment for any local improvement certified by 
 it to the county auditor and which is to be spread by the county 
 auditor on the tax lists of such county. 

    HIST: 1953 c 74 s 1; 1973 c 123 art 5 s 7 

     383B.207 Special assessments; computation of interest. 

    In each county of this state now or hereafter having a 
 population of 600,000 or more the county auditor in computing 
 interest on installments of special assessments where the 
 installment of interest on the first or any subsequent 
 installment of principal is less than 50 cents may compute 
 interest on such first or subsequent installment and add the 
 amount thereof to the first or current installment. 

    HIST: 1953 c 75 s 1 

     383B.211 Authorization. 

    The board of commissioners of Hennepin county may 
 establish, organize and reorganize a department, bureau or 
 administration for the purpose of providing comprehensive health 
 care and related services as required by law and as determined 
 by the board to be in the best interests of the county. 

    HIST: 1981 c 91 s 1 

     383B.213 Powers and duties. 

    All powers and duties pertaining to health care and related 
 services now or hereafter exercisable or imposed by law upon 
 Hennepin county shall be vested in the board of commissioners.  
 If, by general statute, provision is made for separate health 
 boards, the board of commissioners may assume the powers and 
 duties of the boards or may create separate health boards and 
 make appointments to them as provided by statute.  The board may 
 delegate authority and responsibility to the county 
 administrator, who may designate a person or persons to perform 
 the tasks empowered or assigned.  The powers and duties of the 
 board shall include, but not be limited to: 

    (a) Those provided in chapter 145. 

    (b) Those created by contract entered into with any other 
 unit of government or the University of Minnesota for health 
 care and related services, or by contract or affiliation 
 agreement under section 383B.217, subdivision 5. 

    (c) Those relating to mental health in chapter 245. 

    (d) Those authorized under section 471.59. 

    (e) Those contained expressly or by necessary implication 
 in special statutes applicable to Hennepin county. 

    HIST: 1981 c 91 s 2 

     383B.215 Additional authority. 

    In addition to the powers and duties enumerated in sections 
 383B.211 to 383B.229, the county: 

    (a) Shall maintain a system for the registration of vital 
 statistics. 

    (b) Shall prepare and publish an annual report of the 
 health services provided and available in the preceding year. 

    (c) Shall enforce all laws and regulations relating to 
 public health within its jurisdiction and authority. 

    (d) Shall establish fee schedules for services rendered. 

    (e) May purchase services for health care and related 
 services consistent with Laws 1979, chapter 198. 

    HIST: 1981 c 91 s 3 

     383B.217 Medical center. 

    Subdivision 1.    Establishment.  Hennepin county may 
 establish a medical center to provide hospital and medical 
 services to the general public, including the indigent as 
 defined by state and federal law, and as determined by the 
 county board, and may provide for health education and training, 
 and research, and may provide for other service as the board of 
 commissioners determines, by resolution, to be in the best 
 interests of the county.  The county board may determine to 
 continue the operation of the medical center, to expand or limit 
 its operation, or discontinue it, if the services provided by 
 the medical center in the judgment of the county board can 
 better be provided by other means.  If the county board 
 determines that the care and services provided by the medical 
 center is better provided by other hospitals, the cost of the 
 care and services shall be paid by the county at reasonable 
 rates established by the county board. 

    Subd. 2.    Organization and management.  With the 
 advice and assistance of persons to whom health, medical and 
 hospital administrative authority has been delegated by the 
 county administrator, the county administrator, subject to 
 approval of the county board, shall establish bylaws, rules and 
 regulations for the organization and management of the medical 
 center. 

    Subd. 3.    Medical center administrator.  The medical 
 center shall be managed by a medical center administrator who is 
 qualified by education and experience in the management of 
 hospitals.  The medical center administrator shall be in the 
 unclassified service, notwithstanding any other statutory 
 provision to the contrary.  The medical center administrator 
 shall be appointed, suspended and removed by the county 
 administrator subject to approval of the county board. 

    Subd. 4.    Licensed professional staff.  Personnel 
 employed by the county, who are required by law to be licensed 
 as a condition to the performance of medical and related 
 services, shall be subject to the provisions of Laws 1980, 
 chapter 573, except that bylaws adopted by the county board may 
 provide for alternative or exclusive grievance procedures for 
 their discipline or dismissal. 

    Subd. 5.    Affiliation agreements.  The county board 
 may enter into affiliation agreements or contracts with the 
 state, political subdivisions of this state or other states, 
 educational institutions, nursing homes, public or private 
 hospitals and organizations for the purposes provided in section 
 383B.211. 

    Subd. 6.    Medical facilities.  The county board may 
 acquire by purchase, gift or condemnation, or may lease, the 
 property necessary for the provision of hospital and medical 
 services as required under sections 383B.211 to 383B.229. 

    Subd. 7.    Purchases and marketing.  (a) Contracting 
 and purchasing made on behalf of the Hennepin county medical 
 center of goods, materials, supplies, equipment and contracted 
 services shall comply with sections 383B.141 to 383B.151. 

    (b) Notwithstanding section 471.705, the county board on 
 behalf of the medical center may meet in closed session to 
 discuss and take action on specific products or services that 
 are in direct competition with other providers of goods or 
 services in the public or private sector, if disclosure of 
 information pertaining to those matters would clearly harm the 
 competitive position of the medical center. 

    (c) The medical center shall inform the county board when 
 there are matters that are appropriate for discussion or action 
 under paragraph (b).  The county administrator or the 
 administrator's designee shall give the board an opinion on the 
 propriety of discussion or action under paragraph (b) for each 
 of the matters.  The county board may, by a majority vote in a 
 public meeting, decide to hold a closed meeting under paragraph 
 (b).  The purpose, time, and place of the meeting must be 
 announced at a public meeting.  A written roll of members 
 present at a closed meeting must be made available to the public 
 after the closed meeting.  The proceedings of a closed meeting 
 must be tape recorded at the expense of the county board and be 
 preserved for not less than five years after the meeting.  The 
 data on the tape are nonpublic data under section 13.02, 
 subdivision 9, until two years after the meeting.  A contract 
 entered into by the county board at a meeting held on behalf of 
 the medical center is subject to section 471.345.  All bids and 
 any related materials that are considered at the meeting must be 
 retained for a period of not less than five years.  After the 
 expiration of the term of any contract entered into pursuant to 
 this subdivision or a period of two years, whichever is less, 
 the contract, the bids, and any related materials are public 
 data.  The contract, the bids, and any related materials are 
 subject to review by the state auditor at any time. 

    (d) Data concerning specific products or services that are 
 in direct competition with other providers of goods or services 
 in the public or private sector are trade secret information for 
 purposes of section 13.37, to the extent disclosure of 
 information pertaining to the matters would clearly harm the 
 competitive position of the medical center.  The data are trade 
 secret information for the term of the contract or a two-year 
 period, whichever is less.  

    (e) This subdivision applies to the medical center, 
 ambulatory health centers, or other clinics authorized under 
 section 383B.219, as well as any other organization, 
 association, partnership, or corporation authorized by Hennepin 
 county under section 144.581. 

    Subd. 8.    Financial procedures.  Sections 383B.111 to 
 383B.119 shall apply to financial procedures of the medical 
 center. 

    HIST: 1981 c 91 s 4; 1987 c 144 s 3 

     383B.218 Bonding authority; Hennepin county medical 
  building. 

    Hennepin county may issue and sell not more than 
 $16,000,000 of general obligation bonds to finance or refinance 
 the construction and purchase of the Hennepin county health 
 services building.  Issuance of the obligations is not subject 
 to the election requirements of section 475.58.  The obligations 
 issued under this section and the property taxes levied to pay 
 the obligations must be included in calculation of Hennepin 
 county's bond and building fund levy limitations under section 2.

    HIST: 1988 c 519 s 5 

     383B.219 Ambulatory health centers and clinics. 

    Subdivision 1.    Authorization.  In addition to the 
 authority conferred in sections 383B.211 to 383B.229 to provide 
 health and medical care, the county board may provide general or 
 special medical care, service and treatment at health centers 
 and clinics within the county. 

    Subd. 2.    Organization and management.  With the 
 advice and assistance of persons to whom health, medical and 
 hospital administrative authority has been delegated by the 
 county administrator, the county administrator, subject to 
 approval of the county board, shall establish bylaws, rules and 
 regulations for the organization and management of health 
 centers and clinics.  The county administrator may incorporate 
 the bylaws, rules and regulations of the medical center as 
 deemed appropriate and shall make the bylaws, rules and 
 regulations as uniform as practicable.  The county administrator 
 may delegate to a person or persons the duties and powers 
 necessary to assist in the management of ambulatory health 
 centers and clinics. 

    Subd. 3.    Licensed professional staff.  Section 
 383B.34, subdivision 4, applies to this section. 

    Subd. 4.    Facilities.  The county board may acquire, 
 by purchase, gift or condemnation, or may lease, the property 
 necessary, for the provision of ambulatory health center and 
 clinical services as required under sections 383B.211 to 
 383B.229. 

    Subd. 5.    Purchases.  Contracting and purchasing made 
 on behalf of health centers and clinics of goods, materials, 
 supplies and equipment and contracted services shall comply with 
 sections 383B.41 to 383B.51. 

    Subd. 6.    Funds.  The county may finance the medical 
 care, service and treatment at health centers and clinics from 
 the general revenue fund and other sources as authorized by law, 
 or as authorized by the county board. 

    HIST: 1981 c 91 s 5 

     383B.221 Emergency medical service. 

    Subdivision 1.    Authorization.  The county board may 
 provide for emergency medical service and training in connection 
 with the purposes and in accordance with section 383B.211. 

    Subd. 2.    Compliance with state laws.  Emergency 
 medical service established under subdivision 1 shall comply 
 with applicable provisions of sections 144E.001 to 144E.35, 
 145A.09 to 145A.13, and 383B.56.  The county board may also 
 establish and operate a communications system in connection with 
 emergency medical services, may contract with other units of 
 government or private entities and may exercise the authority 
 provided in section 471.59 in the establishment, operation and 
 maintenance of the system. 

    HIST: 1981 c 91 s 6; 1987 c 309 s 26; 1995 c 186 s 119; 1997 c 
 199 s 14 

     383B.223 Food service. 

    The county may establish and operate a food service 
 facility for the purposes stated in section 383B.211 and for 
 other public institutions and facilities as determined by the 
 county board. 

    HIST: 1981 c 91 s 7 

     383B.225 Medical examiner. 

    Subdivision 1.    Office created.  The office of the 
 Hennepin county medical examiner is established. 

    Subd. 2.    Appointment, qualifications, term.  The 
 county board shall designate three licensed physicians who shall 
 constitute a medical examiner board.  One member shall be a dean 
 or professor of the department of pathology of a Class A medical 
 school as designated by the American Medical Association.  
 Another member of the board shall be a member of the Minnesota 
 society of clinical pathologists.  The third member shall be 
 designated by the Hennepin county medical association from its 
 membership.  The medical examiner board shall accept 
 applications for the position of Hennepin county medical 
 examiner when a vacancy exists in the office.  Applications 
 therefor shall be considered from doctors of medicine who are:  
 (a) graduates of a medical school recognized by the American 
 Medical Association, (b) members in good standing in the medical 
 profession, (c) eligible for appointment to the staff of the 
 Hennepin county medical center, and (d) certified or eligible 
 for certification in forensic pathology by the American Board of 
 Pathology.  The medical examiner board shall review the 
 qualifications of the applicants and shall rank the applicants 
 deemed qualified for the position and provide to the county 
 board a report of the seven highest ranked applicants together 
 with their qualifications.  The county board shall appoint a 
 county medical examiner from those listed in the report.  The 
 term of the examiner shall continue for four years from the date 
 of appointment.  Compensation shall be set by the county board.  
 Reappointment shall be made at least 90 days prior to the 
 expiration of the term.  If a vacancy requires a temporary 
 appointment, the board of commissioners shall appoint a medical 
 doctor on the staff of the county medical examiner's office to 
 assume the duties of the medical examiner until an appointment 
 can be made in compliance with the specified selection 
 procedure.  Any vacancy shall be filled within a reasonable 
 time.  Actual and necessary expenses of the medical examiner 
 board shall be paid in accordance with sections 471.38 to 
 471.415. 

    Subd. 3.    Removal.  The county medical examiner may be 
 removed by the county board during a term of office for cause 
 shown after a hearing upon due notice of written charges.  The 
 hearing shall be conducted in accordance with the bylaws of the 
 Hennepin county medical center.  Appeal to the district court 
 shall be allowed if, within 20 days of receipt of a finding of 
 cause for removal, service of a notice of appeal is made upon 
 the chair of the county board or clerk to the board. 

    Subd. 4.    Medical examiner staff.  The county medical 
 examiner shall appoint assistant medical examiners to the office 
 of medical examiner as are necessary to fulfill the duties of 
 the office, subject to authorization by the county board.  Other 
 members of the staff shall be in the classified service.  Duties 
 and authority may be delegated by the examiner to assistant 
 medical examiners or members of the staff as required. 

    Subd. 5.    Reports of death.  All sudden or unexpected 
 deaths and all deaths which may be due entirely, or in part, to 
 any factor other than natural disease must be reported to the 
 medical examiner for evaluation.  These include, but are not 
 limited to:  

    (1) unnatural deaths, including violent deaths arising from 
 homicide, suicide, or accident; 

    (2) deaths associated with burns or chemical, electrical, 
 or radiational injury; 

    (3) maternal deaths due to abortion; 

    (4) deaths under suspicious circumstances; 

    (5) deaths of inmates of public institutions who have not 
 been hospitalized primarily for organic disease and deaths of 
 persons in custody of law enforcement officers; 

    (6) deaths that occur during, in association with, or as 
 the result of diagnostic, therapeutic, or anesthetic procedures; 

    (7) deaths due to neglect; 

    (8) stillbirths of 20 weeks or longer gestation unattended 
 by a physician; 

    (9) sudden deaths of persons not disabled by recognizable 
 disease; 

    (10) unexpected deaths of persons notwithstanding a history 
 of underlying disease; 

    (11) deaths of persons to be cremated if an autopsy was not 
 performed; 

    (12) deaths in which a fracture of a major bone such as a 
 femur, humerus, or tibia, has occurred within the past six 
 months; 

    (13) deaths unattended by a physician occurring outside of 
 a licensed health care facility; 

    (14) deaths of persons not seen by their physician within 
 90 days of demise; 

    (15) physician attended deaths of persons occurring in an 
 emergency department; or 

    (16) deaths of unborn or newborn infants in which there has 
 been maternal use of or exposure to unprescribed controlled 
 substances.  

    No person, other than the medical examiner, shall issue a 
 certificate of death in cases of accidental, suicidal, violent, 
 or mysterious deaths, including suspected homicides, occurring 
 in the county. 

    Subd. 6.    Investigation procedure.  (a) Upon 
 notification of the death of any person, as provided in 
 subdivision 5, the county medical examiner or a designee may 
 proceed to the body, take charge of it, and order, when 
 necessary, that there be no interference with the body or the 
 scene of death.  Any person violating the order of the examiner 
 is guilty of a misdemeanor.  The examiner or the examiner's 
 designee shall make inquiry regarding the cause and manner of 
 death and, in cases that fall under the medical examiner's 
 jurisdiction, prepare written findings together with the report 
 of death and its circumstances, which shall be filed in the 
 office of the examiner.  When it appears that death may have 
 resulted from a criminal act and that further investigation is 
 advisable, a copy of the report shall be transmitted to the 
 county attorney.  The examiner may take possession of any or all 
 property of the deceased, mark it for identification, and make 
 an inventory.  The examiner shall take possession of all 
 articles useful in establishing the cause of death, mark them 
 for identification and retain them securely until they are no 
 longer needed for evidence or investigation.  The examiner shall 
 release any property or articles needed for any criminal 
 investigation to law enforcement officers conducting the 
 investigation.  When a reasonable basis exists for not releasing 
 property or articles to law enforcement officers, the examiner 
 shall consult with the county attorney.  If the county attorney 
 determines that a reasonable basis exists for not releasing the 
 property or articles, the examiner may retain them.  The 
 property or articles shall be returned immediately upon 
 completion of the investigation.  When the property or articles 
 are no longer needed for the investigation or as evidence, the 
 examiner shall release the property or articles to the person or 
 persons entitled to them.  Notwithstanding any other law to the 
 contrary, when personal property of more than nominal value of a 
 decedent has come into the possession of the examiner, and is 
 not used for a criminal investigation or as evidence, and has 
 not been otherwise released as provided in this subdivision, the 
 name of the decedent shall be filed with the district court, 
 together with a copy of the inventory of the decedent's 
 property.  At that time, an examination of the records of the 
 court shall be made to determine whether a will has been 
 admitted to probate or an administration has been commenced.  
 Personal property, including wearing apparel, may be released to 
 or for the spouse or any blood relative or personal 
 representative of the decedent or to the person accepting 
 financial responsibility for burial of the decedent.  If 
 property has not been released by the examiner and no will has 
 been admitted to probate or administration commenced within six 
 months after death, the examiner may sell the property, other 
 than firearms or other weapons, of a deceased person at a public 
 auction upon notice and in a manner as the court may direct.  
 The examiner shall release all firearms of a deceased person to 
 the law enforcement agency handling the investigation and shall 
 cause to be destroyed any other weapon of a deceased person that 
 is not released to or claimed by a decedent's spouse, blood 
 relative, or representative of the estate, or other person who 
 proves lawful ownership.  If the name of the decedent is not 
 known, the examiner shall inventory the property of the decedent 
 and after six months may sell the property at a public auction.  
 The examiner shall be allowed reasonable expenses for the care 
 and sale of the property and shall deposit the net proceeds of 
 the sale with the county administrator, or the administrator's 
 designee, in the name of the decedent, if known.  If the 
 decedent is not known, the examiner shall establish a means of 
 identifying the property of the decedent with the unknown 
 decedent and shall deposit the net proceeds of the sale with the 
 county administrator, or a designee, so, that, if the unknown 
 decedent's identity is established within six years, the 
 proceeds can be properly distributed.  In either case, duplicate 
 receipts shall be provided to the examiner, one of which shall 
 be filed with the court, the other of which shall be retained in 
 the office of the examiner.  If a representative shall qualify 
 within six years from the time of deposit, the county 
 administrator, or a designee, shall pay the amount of the 
 deposit to the representative upon order of the court.  If no 
 order is made within six years, the proceeds of the sale shall 
 become a part of the general revenue of the county. 

    (b) For the purposes of this section, health-related 
 records or data on a decedent, except health data defined in 
 section 13.38, whose death is being investigated under this 
 section, whether the records or data are recorded or unrecorded, 
 including but not limited to those concerning medical, surgical, 
 psychiatric, psychological, chemical dependency, or any other 
 consultation, diagnosis, or treatment, including medical 
 imaging, shall be made promptly available to the medical 
 examiner, upon the medical examiner's written request, by a 
 person having custody of, possession of, access to, or knowledge 
 of the records or data.  In cases involving a stillborn infant 
 or the death of a fetus or an infant less than one year of age, 
 the records on the decedent's mother shall also be made promptly 
 available to the medical examiner.  The medical examiner shall 
 pay the reasonable costs of copies of records or data provided 
 to the medical examiner under this section.  Data collected or 
 created pursuant to this subdivision relating to any 
 psychiatric, psychological, or mental health consultation with, 
 diagnosis of, or treatment of the decedent whose death is being 
 investigated shall remain confidential or protected nonpublic 
 data, except that the medical examiner's report may contain a 
 summary of such data. 

    (c) After investigating deaths of unautopsied persons who 
 are to be cremated, the medical examiner shall give approval for 
 cremation and shall record such approval by affixing the 
 examiner's signature on the reverse side of the deceased 
 person's death certificate. 

    (d) The medical examiner has the power to subpoena any and 
 all documents, records, and papers deemed useful in the 
 investigation of a death. 

    Subd. 7.    Autopsies.  If the county medical examiner 
 deems it advisable and in the public interest that an autopsy be 
 performed upon a body coming under the jurisdiction and control 
 of the examiner, or if an autopsy is ordered by a district court 
 judge, an autopsy shall be performed without unnecessary delay.  
 A report of the facts developed by the autopsy and findings of 
 the person performing the autopsy shall be promptly made and 
 filed in the office of the county medical examiner.  When 
 further investigation is deemed advisable, a copy of the report 
 shall be delivered to the county attorney, and to any other 
 official at whose request the autopsy was performed.  Every 
 autopsy performed pursuant to this subdivision shall, whenever 
 practical, be performed in the county morgue.  Nothing herein 
 shall require the examiner to perform an autopsy upon the body 
 of a deceased person if the deceased person died of known or 
 ascertainable causes or had been under the care of a licensed 
 physician immediately prior to death if the examiner determines 
 the autopsy to be unnecessary.  Autopsies performed pursuant to 
 this subdivision may include the removal, retention, testing, 
 and use of organs and parts of organs and tissues, at the 
 discretion of the medical examiner, when removal, retention, 
 testing, or use are useful in determining or confirming the 
 cause of death.  When removal, retention, and use of organs and 
 parts of organs and tissues are deemed beneficial, and is done 
 only for the advancement of medical knowledge and progress, 
 written consent or documented oral consent shall be obtained 
 from the heirs, if any, of the deceased person prior to the 
 removal, retention, and use. 

    The medical examiner may facilitate donation of organs and 
 tissues in compliance with the Uniform Anatomical Gift Act, 
 sections 525.91 to 525.9224. 

    Subd. 8.    Disinterment.  Upon application by the 
 county medical examiner, pursuant to the performance of duties 
 under sections 383B.211 to 383B.229, the district court, upon 
 good cause shown, may order disinterment of any dead body.  The 
 application shall set forth the names and addresses of those of 
 the next of kin of the deceased person who are known to the 
 examiner.  Notice of an application shall be given by personal 
 service, not less than three days prior to the date of hearing 
 on it, upon those of the next of kin of the deceased person who 
 reside in the county.  If none of the next of kin of the 
 deceased person can be found in the county, then notice shall be 
 given to the next of kin who reside outside the county in the 
 manner and at the time the court shall direct, unless, upon a 
 proper showing, the court determines that an immediate 
 postmortem examination is necessary.  If the next of kin are 
 unknown, the court shall issue its order, upon a proper showing, 
 without notice to any adverse party.  When a dead body is 
 disinterred by an order of court to ascertain facts relating to 
 the cause of death, the examiner, having information which 
 indicates that death may have resulted from a criminal act, 
 shall perform a postmortem examination, or autopsy, and shall 
 perform the other duties as required. 

    Subd. 9.    Request for examinations.  The county 
 medical examiner may, when requested, make physical examinations 
 and tests incident to any matter of a criminal nature under 
 consideration by the district court or the county attorney or 
 criminal defense counsel and shall deliver a copy of a report of 
 them to the court or attorney making the request.  When a copy 
 of the report is delivered to criminal defense counsel, the 
 county attorney shall receive a copy of the same report.  If the 
 requesting attorney is not a public defender or prosecutor, the 
 medical examiner may make a reasonable charge for the 
 examination or tests. 

    Subd. 10.    Records and reports.  The county medical 
 examiner's office shall keep full and complete records, properly 
 indexed giving the name, if known, of every person or body of a 
 deceased person who is the subject of investigation by the 
 office, the place where the body was found, date and cause of 
 death, and all other available information relating to it.  The 
 final report of the investigating examiner, and the findings of 
 the autopsy, if any, shall be attached to the record of each 
 case.  The examiner shall, upon request, deliver to the county 
 attorney copies of records or other information in the 
 examiner's office of any cases of a criminal nature.  The 
 records and reports, including those of autopsies performed 
 under the provisions of sections 383B.211 to 383B.229, or 
 transcriptions thereof, certified by the county medical 
 examiner, shall be received as evidence in any court or grand 
 jury proceeding in this state.  The records and reports which 
 shall be admissible as evidence under this subdivision shall not 
 include statements made by witnesses or other persons unless 
 otherwise admissible.  Whenever requested by the Hennepin county 
 attorney, the examiner and the examiner's personnel shall appear 
 and testify before a Hennepin county grand jury or any Hennepin 
 county court, without fees or additional compensation. 

    Subd. 11.    Disposition.  After the investigation has 
 been completed, including an autopsy if one is made, the dead 
 body shall be released promptly to the person or persons 
 entitled to bury the deceased person.  If the deceased person is 
 unknown, or if the body is unclaimed, the county medical 
 examiner may deliver the body for purposes of anatomical study 
 if the body is suitable.  Otherwise, the county medical examiner 
 shall provide for decent disposition of the remains. 

    Subd. 12.    Preservation of identity.  The county 
 medical examiner may preserve and retain photographs, specimens, 
 and other data for establishing or confirming the identification 
 of bodies or for other forensic purposes under the jurisdiction 
 of the office.  Upon request by the appropriate agency, the 
 examiner shall make the information available to aid in the 
 establishment of the identity of the deceased person. 

    Subd. 13.    Contracts for services.  The board may 
 contract to perform medical examiner services with other units 
 of government or their agencies under a schedule of fees 
 approved by the county board. 

    HIST: 1981 c 91 s 8; 1986 c 444; 1991 c 319 s 18; 1994 c 636 
 art 2 s 8; 1995 c 89 s 1-6; 1995 c 189 s 8; 1995 c 259 art 1 s 
 53; 1996 c 277 s 1 

  383B.227 Repealed, 1996 c 310 s 1 

     383B.229 Existing health service programs not affected. 

    Sections 383B.211 to 383B.229 do not affect the authority 
 of any statutory or home rule charter city of the first or 
 second class to operate or to continue to operate a health 
 service program. 

    HIST: 1981 c 91 s 10; 1989 c 209 art 2 s 37 

  383B.233 Repealed, 1996 c 310 s 1 

     383B.235 Resource recovery facilities. 

    Subdivision 1.  A resource recovery facility that reclaims, 
 burns, uses, processes, or disposes of more than 1,000 tons 
 average daily throughput of mixed municipal solid waste may not 
 be constructed within the boundaries of a city of the first 
 class having a population in excess of 300,000 unless the city 
 council approves the construction by a four-fifths vote. 

    Subd. 2.  Provided all environmental laws or regulations 
 administered by the Minnesota pollution control agency or 
 federal agencies are followed, and notwithstanding any ordinance 
 or municipal land use plan to the contrary, Hennepin county may 
 acquire land and construct one or two resource recovery 
 facilities, each not to exceed 1,000 tons average daily 
 throughput within the county; provided however, a resource 
 recovery facility shall not be built at the "west riverbank" 
 site in the city of Minneapolis as identified in the final 1983 
 report of the city-county resource recovery siting committee.  
 In choosing the two sites, Hennepin county shall fully consult 
 in good faith with any affected municipality.  In selecting 
 sites, the county board shall evaluate reasonable alternatives 
 for the resource recovery facilities, including any outside the 
 city of Minneapolis. 

    HIST: 1984 c 654 art 2 s 29 

     383B.237 Library system. 

    The Hennepin county board of commissioners may establish 
 and maintain a system of public libraries for the free use of 
 the residents of the county.  The board shall determine the 
 locations of the libraries, and may levy taxes for library 
 operations and maintenance on all taxable property within the 
 county which was not taxed in 1980 by the city of Minneapolis 
 for the support of any free public library.  The county may 
 acquire, lease, construct, alter, or contract for the use of any 
 real or personal property necessary for the establishment and 
 operation of a free county library system.  Acquisition of real 
 property may be undertaken in accordance with chapter 117. 

    HIST: 1981 c 48 s 1; 1987 c 384 art 2 s 86 

     383B.239 Board. 

    The county board shall direct, operate and manage the 
 county library system.  A county library board consisting of 
 seven members who reside in the county library service area 
 shall be appointed by the county board.  The library board shall 
 provide advice and make recommendations on any matter pertaining 
 to the library system to the county board and the library 
 director and shall exercise the powers and perform the duties 
 delegated to it by the county board, which may include, but are 
 not limited to, the establishment of rules governing library 
 operations, review of the annual operating budget for submission 
 to the county board, development of a long-range plan and 
 acceptance of gift and trust funds.  The library board shall 
 determine the contents of the collections of the library system 
 and shall be responsible for the use of library meeting rooms. 

    HIST: 1981 c 48 s 2 

     383B.241 Director. 

    The library director shall perform administrative and 
 technical duties for the library system and exercise the powers 
 and perform the duties delegated to the director by the county 
 board.  The library director shall be appointed and removed by 
 the county administrator, with approval by the county board, 
 pursuant to section 383B.102.  Prior to the appointment or 
 removal of the library director, the library board shall make 
 recommendations to the county administrator.  The library 
 director shall be qualified by experience and must have an 
 earned degree from a graduate school accredited by the American 
 Library Association. 

    HIST: 1981 c 48 s 3 

     383B.243 Per diems. 

    Members of the library board shall be allowed a per diem 
 not to exceed $50 for meetings relating to advice and 
 recommendations concerning the library program.  Each member may 
 also be reimbursed for actual and necessary expenses incurred as 
 a result of the meeting.  Payment for meetings of the library 
 board shall be authorized in an amount not to exceed two 
 meetings monthly. 

    HIST: 1981 c 48 s 4 

     383B.245 Library levy. 

    The county board may levy a tax on the taxable property 
 within the county outside of any city in which is situated a 
 free public library of the city to acquire, better, and 
 construct county library buildings and branches and to pay 
 principal and interest on bonds issued for that purpose.  

    The county board may by resolution adopted by a 
 five-sevenths vote issue and sell general obligation bonds of 
 the county in the manner provided in sections 475.60 to 475.73.  
 The bonds shall not be subject to the limitations of sections 
 475.51 to 475.59, but the maturity years and amounts and 
 interest rates of each series of bonds shall be fixed so that 
 the maximum amount of principal and interest to become due in 
 any year, on the bonds of that series and of all outstanding 
 series issued by or for the purposes of libraries, shall not 
 exceed an amount equal to 0.01612 percent of market value of all 
 taxable property in the county, which was not taxed in 1987 by 
 any city for the support of any free public library, as last 
 finally equalized before the issuance of the new series.  When 
 the tax levy authorized in this section is collected it shall be 
 appropriated and credited to a debt service fund for the bonds 
 in amounts required each year in lieu of a countywide tax levy 
 for the debt service fund under section 475.61.  

    HIST: 1981 c 48 s 5; 1987 c 188 s 1; 1988 c 719 art 5 s 84; 
 1989 c 277 art 4 s 39; 1994 c 505 art 6 s 3 

     383B.247 Merger. 

    The county and the library board of the city of Minneapolis 
 may agree to merge their public library systems at a time and in 
 a manner as they may agree.  The merger shall be subject to 
 enabling legislation by the legislature. 

    HIST: 1981 c 48 s 6 

     383B.251 License bureau. 

    Notwithstanding any law to the contrary, in the Hennepin 
 county license bureau, created pursuant to sections 373.32 to 
 373.38, the license bureau director shall have the following 
 additional duties:  issue and process marriage licenses and 
 records, record veterinary licenses, record optometry licenses, 
 record chiropractic licenses, record podiatrist licenses, record 
 osteopathic licenses, record medical doctor (M.D.) certificates, 
 record basic science certificates, record ministerial 
 credentials, record notary commissions, record trade names, 
 issue jurats and acknowledgments, issue and process birth and 
 death records, and issue certified copies of any of the above as 
 applicable.  On July 1, 1974, all of the duties herein 
 enumerated are transferred from the court administrator of the 
 district court of Hennepin county to the director of the 
 Hennepin county license bureau. 

    HIST: 1974 c 166 s 1; 1Sp1986 c 3 art 1 s 82 

     383B.255 Public safety communications. 

    Subdivision 1.    Radio system.  Hennepin county may 
 establish and rent, lease, construct, equip, and maintain a 
 radio broadcasting station or stations, with land-fixed repeater 
 stations and other necessary communication equipment, to be used 
 for public safety communications.  It may acquire land by gift, 
 purchase, lease, or condemnation for use as a site for public 
 safety communications equipment.  Public safety communications 
 sites may be acquired by lease for a period of up to 25 years in 
 duration.  Public safety communications may include police, 
 fire, highway maintenance, emergency medical service, local 
 government, forestry conservation, and other communications as 
 determined by the county board. 

    Subd. 1a.    Antenna site use agreements.  Use of 
 county-owned radio towers, building rooftops, lands, 
 rights-of-way, and easements may be made available to commercial 
 wireless service providers for the purpose of installing 
 antennas and equipment necessary for construction of the 
 national wireless telecommunications infrastructure.  Hennepin 
 county may acquire site use fees, or by gift or other means, 
 improvements to public safety communications facilities, or 
 other personal property, as compensation for antenna site use.  
 Antenna site use agreements may be entered into by any means 
 available and in the manner determined by the county board, with 
 or without advertisement for bids. 

    Subd. 2.    Policy and operations.  The public safety 
 communications system shall be under the direction of the 
 sheriff.  Public safety communications policies may be 
 established by the board of county commissioners. 

    Subd. 3.    Extension of services; charges.  Public 
 safety communications services may be extended to any statutory 
 or home rule charter city within the county, and to any 
 adjoining county or statutory or home rule charter city in an 
 adjoining county, upon the written request of its governing body 
 to the Hennepin county board.  All the communications equipment 
 used in connection with the extended service shall, unless 
 otherwise provided by the Hennepin county board, be owned, 
 maintained, and serviced by Hennepin county.  The board with the 
 advice of the sheriff may establish a charge for extended public 
 safety communications services pursuant to section 383B.118. 

    Subd. 4.    Duties of sheriff.  The sheriff shall 
 broadcast all public safety dispatches and reports which, in the 
 sheriff's opinion, relate to public safety communications. 

    HIST: 1983 c 223 s 1-4; 1997 c 58 s 1,2 

     383B.257 Mobile equipment division. 

    Subdivision 1.  The county board in any county now or 
 hereafter having a population of 600,000 or more may establish 
 and operate a central mobile equipment division upon property 
 owned by any such county. 

    Subd. 2.  The county board may place the general 
 supervision of the central mobile equipment division under the 
 jurisdiction of the county highway engineer, hereinafter 
 designated the "county engineer."  The county board may provide 
 the county engineer with office space, equipment, supplies, and 
 assistants to perform the duties of the office. 

    Subd. 3.  Upon the establishment of the central mobile 
 equipment division, all mobile, maintenance and construction 
 equipment then owned by the county or any department thereof 
 shall be transferred to the central mobile equipment division.  
 Equipment needed by the central mobile equipment division which 
 has not been acquired either by transfer or purchase may be 
 rented until acquired under the provisions of this section. 

    Subd. 4.  It shall be the duty of the county engineer to 
 provide for the service, maintenance and repair of all equipment 
 transferred to or acquired by the central mobile equipment 
 division, and to make such periodic reports with respect to the 
 operation thereof as the county board may require. 

    Subd. 5.  Any county department or any town, home rule 
 charter or statutory city, school district, or other public 
 corporation within such county that may require the use of any 
 mobile, maintenance or construction equipment within the 
 jurisdiction of the central mobile equipment division may 
 requisition for its use to the central mobile equipment division.

    Subd. 6.  The county engineer shall have authority to 
 determine and calculate the cost of furnishing the equipment 
 requisitioned, which cost shall be designated "rental charge," 
 and shall be sufficient to provide for the cost of maintenance, 
 operation, repair, depreciation and replacement of such 
 equipment, and such rental charge shall be paid to the central 
 mobile equipment division by the department, or the town, home 
 rule charter or statutory city, school district, or other public 
 corporation using such equipment. 

    Subd. 7.  The county engineer shall at the same time and in 
 the same manner as other county departments submit to the county 
 board an annual statement of receipts and disbursements of the 
 central mobile equipment division.  Such report shall include 
 the estimated cost of acquiring new construction and maintenance 
 equipment needed by the central mobile equipment division, and 
 the cost of replacing obsolete and outworn equipment.  The 
 county board shall examine the report and may appropriate from 
 the general revenue funds of the county the amounts necessary to 
 operate the central mobile equipment division and to purchase 
 new and replace obsolete and outworn construction and 
 maintenance equipment. 

    Subd. 8.  All contracts and purchases made under the 
 authority of this section shall be made subject to and in 
 compliance with existing laws regulating the manner of purchases 
 and contracts applicable to such county. 

    HIST: 1957 c 671 s 1-6,8,9; 1961 c 237 s 2; 1973 c 123 art 5 s 
 7; 1979 c 198 art 4 s 14; 1986 c 444 

     383B.259 Pistol range. 

    Subdivision 1.    Establishment.  The county board of 
 Hennepin county is hereby authorized and empowered to establish 
 and maintain on any property owned by the county a pistol range 
 for the training of sheriff's deputies and other law enforcement 
 officers in the use of firearms, as well as encouraging 
 marksmanship by permitting National Rifle Association sanctioned 
 or approved pistol matches to be held at such range. 

    Subd. 2.    Maintenance costs.  Annual maintenance cost 
 shall include the furnishing of targets and ammunition, except 
 for National Rifle Association matches, said costs to be 
 included in the sheriff's budget. 

    Subd. 3.    Use.  The county board of any such county is 
 also authorized and empowered to agree with any state agency or 
 department, and with any home rule charter or statutory city, 
 town, or organization affiliated with the National Rifle 
 Association in such county for the use of such pistol range by 
 its law enforcement officers and members of the National Rifle 
 Association on such terms and conditions as may be agreed upon. 

    Subd. 4.    Control, supervision.  The county board of 
 any such county shall have complete control of any pistol range 
 so established and shall be charged with the supervision thereof 
 and may appoint any competent law enforcement officer, who shall 
 be a resident of such county, in charge of the range and may 
 establish and impose rules and regulations for its use and may 
 deny any person or persons the use of such range as a penalty 
 for violation of such rules or regulations. 

    HIST: 1953 c 367 s 1-3; 1955 c 720 s 1; 1957 c 222 s 2; 1967 c 
 703 s 1 

     383B.26 Human resources system; purpose. 

    The purpose of sections 383B.26 to 383B.42 is to establish 
 a human resources board and a human resources and employee 
 relations department in the county of Hennepin to promote and 
 improve the economy and effectiveness of the governmental 
 departments under its jurisdiction by the improvement of methods 
 of human resources administration, which shall include a uniform 
 system of job classifications, procedures and standards for 
 hiring, promotion and compensation administration. 

    HIST: 1965 c 855 s 1; 1980 c 573 s 1; 1994 c 596 s 1 

     383B.27 Definition of terms. 

    Subdivision 1.  For the purposes of sections 383B.26 to 
 383B.42 and rules promulgated under them, unless the context 
 clearly indicates that a different meaning is intended, the 
 terms defined in this section have the meanings given them. 

    Subd. 2.  "Board" means the county human resources board. 

    Subd. 3.  "Member" means a member of the county human 
 resources board. 

    Subd. 4.  "Director" means the director of the department 
 of human resources and employee relations. 

    Subd. 5.  "Human resources department" means the human 
 resources director and the director's employees engaged in the 
 administration of sections 383B.26 to 383B.42.  

    Subd. 6.  "County board" means the board of Hennepin county 
 commissioners. 

    Subd. 7.  "Appointing authority" means an elected official, 
 the head of a department, division, board, commission, person or 
 group of persons who have the power by law, by resolution of the 
 county board or by lawfully delegated authority to make 
 appointments to positions in the county service within the scope 
 of sections 383B.26 to 383B.42. 

    Subd. 8.  "Classified service" means the service which 
 includes all positions except those in the unclassified service 
 under sections 383B.26 to 383B.42.  

    Subd. 9.  "Position" means a group of current duties and 
 responsibilities assigned or delegated by an appointing 
 authority. 

    Subd. 10.  "Class" means one or more positions sufficiently 
 similar with respect to duties and responsibilities that the 
 same descriptive title can be used with clarity to designate 
 each position; that similar general qualifications are needed 
 for the performance of the duties; that comparable selection 
 procedures may be used to recruit employees; and that the same 
 schedule of compensation shall be applied to all positions. 

    Subd. 11.  "Allocation" means the assignment of an 
 individual position to a class on the basis of the kind, 
 difficulty and responsibility of the work performed in the 
 position. 

    Subd. 12.  "Reallocation" means a change in allocation of 
 an individual position by raising it to a higher class, reducing 
 it to a lower class, or moving it to another class at the same 
 level, on the basis of significant changes in the kind, 
 difficulty or responsibility of the work performed in such 
 position. 

    Subd. 13.  "Classification" means the grouping of positions 
 into classes with regard to duties and responsibilities. 

    Subd. 14.  "Eligible" means the status of any person whose 
 name is on the layoff, reinstatement, promotional, 
 intern/trainee or open competitive list for a given class. 

    Subd. 15.  "Permanent employee" means an employee in the 
 classified service who has satisfactorily completed a 
 probationary period. 

    Subd. 16.  "Probationary period" means that part of the 
 examining process following certification and appointment from a 
 list of certified candidates, to enable the appointing authority 
 to determine whether employees are fit and suitable for the 
 position to which they have been appointed, transferred, or 
 promoted.  The appointing authority may discharge a newly 
 appointed employee during the probationary period without 
 specifying cause or granting a hearing, except as provided by 
 section 197.46.  The appointing authority may, during the 
 probationary period, demote an employee appointed to a position 
 as a result of a promotion without specifying cause or granting 
 a hearing, except as provided by section 197.46.  The employee 
 so demoted shall be returned to a position in the class 
 previously held by the affected employee.  The appointing 
 authority may, during the probationary period, return a 
 transferred employee back to a position in the classification 
 and organizational unit the employee previously held without 
 specifying cause or granting a hearing, except as provided by 
 section 197.46.  When an employee has been transferred from one 
 department to another and upon the request of the new appointing 
 authority the employee may be required to serve a probationary 
 period. 

    Subd. 17.  "Classification plan" means a list of the 
 classes of positions in the classified service by their official 
 title. 

    Subd. 18.  "Unclassified service" means those positions 
 which are exempted from the jurisdiction of the human resources 
 board unless otherwise provided by sections 383B.26 to 383B.42. 

    Subd. 19.  "Transfer" means a change by an employee from a 
 position in the same class to a different department or 
 organizational unit or a change from a position in one class to 
 a position in another class of comparable level in another 
 department or in the same department. 

    Subd. 20. "Reassignment" means a change by an employee from 
 one position to another position in the same class in the same 
 organizational unit. 

    HIST: 1965 c 855 s 2; 1980 c 573 s 2; 1994 c 596 s 2 

     383B.28 Human resources board. 

    Subdivision 1.    Establishment.  The Hennepin county 
 human resources board and human resources and employee relations 
 department are created. 

    Subd. 2.    Appointment; terms.  (a) The county board 
 shall by majority vote appoint seven persons to serve for 
 four-year terms.  As the term of each member expires, the board 
 of county commissioners shall by majority vote fill the vacancy 
 for a term of four years. 

    (b) The expiration date of all expiring terms shall be 
 January 2. 

    (c) Any vacancies shall be filled by majority vote of the 
 county board for the unexpired term. 

    (d) Each member shall take an oath of office before 
 assuming the duties of office. 

    (e) Each member shall hold office until a successor has 
 been appointed and qualified. 

    (f) No person shall be appointed or be a member of the 
 board while holding any public office or having filed as a 
 candidate for any office. 

    (g) No person shall be appointed or be a member of the 
 board while holding or within one year of holding employment 
 with Hennepin county or a position in a political party, except 
 as a political party delegate. 

    (h) Each member of the board shall be a resident of the 
 county and in the event the member becomes a nonresident, the 
 member thereby forfeits the office. 

    (i) A board member may be removed from office by the county 
 board for cause, after a copy of the charges has first been 
 given to the member and opportunity of being publicly heard 
 before the county board, upon not less than ten days written 
 notice.  A majority vote of the county board shall be required 
 for removal. 

    Subd. 3.    Compensation.  Compensation for members of 
 the human resources board shall be set by the county board.  
 Members of the board shall be compensated at the rate not to 
 exceed $50 per day spent on board meetings and personnel 
 activities when authorized by the board to represent the board.  
 Expenses shall be allowed in the same manner and amount as 
 received by county employees. 

    Subd. 4.    Organization.  The board shall organize by 
 electing one of its members as chair and one as vice-chair.  The 
 director shall serve as secretary. 

    Subd. 5.    Meetings.  The board shall maintain records 
 and hold public meetings as required for the discharge of its 
 duties. 

    HIST: 1965 c 855 s 3; 1980 c 573 s 3; 1983 c 307 s 6; 1994 c 
 596 s 3 

     383B.29 Duties of the human resources board. 

    Subdivision 1.    Board proceedings.  When any member of 
 the board is not present at the time a matter is submitted to 
 the board such matter shall be deemed submitted to each member 
 of the board with like effect as though each member of the board 
 had been present at the time of submission of such matter.  
 Whenever during the consideration of a matter which is before 
 the board, there is a change in the personnel of the board, the 
 matter shall be deemed submitted to the new member, or members, 
 as though said new member, or members, had been a member of the 
 board at the time of the submission of the matter. 

    No meetings of the board shall be held unless at least four 
 members are present.  A majority vote of all members shall 
 constitute the decision of the board.  The board shall keep 
 records and minutes of its business and official actions which 
 shall be open to public inspection subject to such reasonable 
 rules as to time and place of inspection as the board may 
 establish. 

    Subd. 2.    Duties.  The board shall: 

    (a) Establish rules for the classified service with the 
 assistance of the director.  All rules and amendments proposed 
 by the board shall be subject to public hearing upon prior 
 notice to department heads, employees, affected labor 
 organizations, and the public, as the board may, by rule 
 prescribe.  The rules as approved by the majority vote of the 
 board shall be submitted to the county board for approval or 
 rejection.  When approved, by majority vote and in the form of a 
 written resolution, the rules shall have the force and effect of 
 law.  The rules may be amended and repealed with the consent of 
 the county board in the same manner as provided for original 
 adoption.  The rules shall provide for: 

    (1) the rejection of otherwise eligible 
 applicants/candidates who fail to comply with the reasonable 
 requirements of the director; 

    (2) examinations which shall be competitive and 
 standardized and which may consist of any one or a combination 
 of the following:  written or oral tests of the subjective or 
 objective type, physical tests, practical or demonstration 
 tests, or evaluation of past training and experience.  Oral 
 tests, either of the question and answer type or the interview 
 type may be used to test the candidates; 

    (3) the creation of eligible lists upon which shall be 
 entered the names of successful candidates; 

    (4) the appointment of eligible candidates who have 
 qualified through the examination process, or through a 
 qualifying selection process pursuant to section 383B.31, clause 
 (h), if the vacancy is not filled by recall from the layoff 
 list, demotion, transfer, or reinstatement.  The 20 persons 
 receiving the highest examination scores when available shall be 
 referred to department heads when a vacancy occurs, with waiver 
 in extreme or unique conditions subject to six-sevenths approval 
 of the board; 

    (5) if more than one vacancy is to be filled, additional 
 names may be added to the certification list in accordance with 
 the rules adopted under this subdivision; 

    (6) a period of probation during which period the 
 probationer may be discharged or demoted, without right of 
 appeal.  The period of probation shall not exceed six months 
 unless changed by six-sevenths approval of the board due to 
 extreme or unique conditions; 

    (7) seasonal, provisional, temporary and emergency 
 appointments.  The appointments, except seasonal appointments, 
 shall not exceed six calendar months in any 12-month period.  
 Seasonal appointments shall not exceed nine calendar months in 
 any 12-month period; 

    (8) transfers from other public employers or within county 
 service; and reinstatement of persons who without fault or 
 delinquency on their part are separated from the service or 
 demoted; 

    (9) promotion based upon competitive examinations.  
 Whenever practicable vacancies shall be filled by promotion; 

    (10) suspensions without pay for no longer than 20 working 
 days for disciplinary purposes; for leaves of absence with or 
 without pay; for layoffs; for hours of employment; for vacations 
 and sick leave; severance pay, and other benefits and emoluments 
 as may improve the public service; 

    (11) discharge or demotion of a permanent employee only 
 when the person has been presented with written charges and has 
 been allowed a hearing pursuant to section 383B.38; and 

    (12) the establishment of reasonable fees, not to exceed 50 
 percent of the actual cost, to be charged for the furnishing of 
 a copy of the record, including a transcript of any testimony, 
 of any hearing held before the board under sections 383B.26 to 
 383B.42. 

    (b) Provide a compensation plan for county employees not 
 represented by an exclusive bargaining representative to be 
 presented to the county board for approval. 

    (c) Make investigations of its own motion concerning the 
 enforcement and effect of sections 383B.26 to 383B.42, and the 
 rules thereunder. 

    (d) Hear and decide appeals within the jurisdiction of the 
 board, if there has been a preliminary showing to the board 
 attorney that a rule violation has occurred.  Any such board 
 attorney ruling may be appealed to the board.  

    Subd. 3.    Hearing officers.  The board, with the 
 assistance of the director, shall utilize and prescribe the 
 duties of hearing officers, or contract with the office of 
 hearing examiners pursuant to section 14.55.  When it is 
 determined that a hearing be held which requires a hearing 
 officer, the director will first ascertain the availability and 
 timeliness of scheduling the hearing through the office of 
 hearing examiners pursuant to section 14.55.  If it is 
 determined that a prompt hearing is not readily available 
 through the office of hearing examiners, the board, with the 
 assistance of the director, may then utilize an impartial 
 hearing officer. 

    HIST: 1965 c 855 s 4; 1977 c 325 s 1; 1980 c 573 s 4; 1982 c 
 577 s 8; 1987 c 384 art 2 s 1; 1994 c 596 s 4 

     383B.30 Director; selection and tenure. 

    The board, with the approval of the county board, shall 
 appoint a director on the basis of merit and fitness as a result 
 of competitive examinations.  The director shall be in the 
 classified service and shall not be removed by the board except 
 under written charges in accordance with sections 383B.26 to 
 383B.42 and after a public hearing by the board. 

    HIST: 1965 c 855 s 5; 1980 c 573 s 5 

     383B.31 Duties of the director. 

    The director as administrator of the human resources and 
 employee relations department shall cooperate with and assist 
 department heads and elected officials in providing an effective 
 human resources program.  The director shall direct and 
 supervise all of the human resources and employee relations 
 department's administrative and technical activities in addition 
 to the duties imposed on the director in sections 383B.26 to 
 383B.42.  The director shall: 

    (a) Attend the meetings of the board, act as its secretary 
 and maintain its official records. 

    (b) Appoint the employees of the human resources and 
 employee relations department in accordance with and subject to 
 the provisions of sections 383B.26 to 383B.42. 

    (c) Recommend rules and amendments to rules for the 
 administration of sections 383B.26 to 383B.42. 

    (d) Prepare, recommend and maintain a classification plan 
 which shall group all positions in the classified service into 
 classes, based on their duties and responsibilities.  The 
 classification plan shall identify for each class a title, a 
 statement of duties, authority and responsibilities and 
 qualifications necessary for the position.  The classification 
 plan shall be effective upon approval by the board and the 
 county board.  Periodic job audits shall be made of positions 
 for the purpose of keeping the classification plan current with 
 changes in work assignments. 

    (e) Prepare a compensation plan for the classified service. 
 Compensation plans when approved by majority vote of the board 
 shall be recommended to the county board who may approve or 
 reject such plans or portions thereof. 

    (f) Establish programs for the training and education of 
 employees to improve the quality of services rendered. 

    (g) Except as provided in clauses (h) and (i), develop and 
 hold competitive examinations to determine the qualifications of 
 persons seeking employment in any class and to establish lists 
 of those passing such examinations. 

    (h) Develop a procedure and define the criteria for the 
 selection and referral of qualified applicants to fill positions 
 in classifications involving unskilled tasks or in 
 classifications which require state licensure or certification 
 to engage in the activity.  The classifications shall be 
 authorized by the board and county board.  Applicants to fill 
 vacancies in the classifications shall be exempt from ranking 
 and certification provided for in section 383B.29, subdivision 
 2, clauses (a)(3), (4) and (5).  The director shall refer all 
 qualified applicants to the appointing authority having 
 vacancies in the appropriate classifications. 

    (i) Establish alternative selection procedures to measure 
 the ability of persons whose handicaps are so severe that the 
 usual selection process cannot adequately predict job 
 performance.  Alternative selection procedures may include an 
 on-the-job trial period not to exceed 640 hours to be paid or 
 not by mutual agreement between the person applying for the 
 position and the director.  

    (j) When a vacancy is to be filled, to certify to the 
 appointing authority upon requisition, the names of the persons 
 highest on the appropriate layoff list for the class.  If there 
 is no layoff list, the director shall certify those on the 
 appropriate eligible list for the class.  If there is no 
 eligible list, the director may authorize temporary appointment 
 pending establishment of an eligible list for the class. 

    (k) Maintain records necessary for the proper 
 administration of sections 383B.26 to 383B.42. 

    (l) Provide a system for checking payrolls and accounts for 
 the payment of compensation to employees in the classified and 
 unclassified service so as to enable the director, upon evidence 
 thereof, to certify or cause to be certified the persons whose 
 names appear thereon have been employed or on authorized leave 
 before payment may be lawfully made to such employees. 

    (m) Make investigations concerning the administration of 
 sections 383B.26 to 383B.42 and rules made thereunder. 

    (n) Make investigations and reports required by the board 
 or the county board and report thereon. 

    (o) Make an annual report to the county board and the human 
 resources board on the activities of the human resources 
 department. 

    HIST: 1965 c 855 s 6; 1967 c 646 s 1; 1980 c 573 s 6; 1994 c 
 596 s 5 

     383B.32 Unclassified and classified service. 

    Subdivision 1.    Definition of coverage.  The officers 
 and employees of the county of Hennepin and all of its agencies, 
 boards, commissions, authorities, or committees heretofore or 
 hereafter created, supported in whole or in part by the taxation 
 of the county of Hennepin, come within the provisions of 
 sections 383B.26 to 383B.42, and the positions are hereby 
 divided into the unclassified and classified service. 

    Subd. 2.    Unclassified service.  The unclassified 
 service comprises: 

    (a) Officers chosen by election or appointment to fill an 
 elective office. 

    (b) Members of boards and commissions appointed by the 
 county board. 

    (c) Physicians, medical residents, interns, and students in 
 training. 

    (d) Nonsalaried attending medical staff. 

    (e) Special deputies serving without pay. 

    (f) Seasonal, temporary, provisional, intermittent, and 
 emergency positions. 

    (g) Positions funded by specific governmental or 
 nongovernmental grants of intermittent or limited funding 
 duration. 

    (h) The head or principal administrative officer of a 
 bureau or department appointed pursuant to sections 383B.101 to 
 383B.103; or appointed by the county board; or appointed for a 
 term pursuant to statute.  Notwithstanding any contrary 
 provision of other law, any person coming within this provision, 
 who, on August 11, 1980, is in the classified service, shall 
 remain in the classified service until vacating the position.  
 Thereafter, any appointment hereunder shall be in the 
 unclassified service. 

    (i) Chief deputy or principal assistant and secretary for 
 each elected official. 

    (j) Examiner of titles and deputy examiners. 

    (k) Chief criminal deputy sheriff, a chief civil deputy 
 sheriff, a chief administrative deputy sheriff, and a chief 
 financial services deputy sheriff. 

    (l) Public defender. 

    (m) Administrative assistant to the district court 
 administrator. 

    (n) Temporary judicial appointments performing a special 
 function. 

    (o) County medical examiner. 

    (p) Office staff appointed by the county administrator 
 pursuant to sections 383B.101 to 383B.103. 

    (q) County administrator. 

    Subd. 3.    Unclassified service, compensation.  The 
 director shall establish a compensation plan in accordance with 
 section 383B.31, clause (e) for those employees in the 
 unclassified service identified in subdivision 2, clauses (c), 
 (d), (f), (h), (i), (j), (k), (m), and (p). 

    Subd. 4.    Unclassified service, tenure, benefits.  The 
 positions in the unclassified service enumerated in subdivision 
 2, clauses (c), (d), (h), (i), (j), (k), (m), (o), and (p) shall 
 not have permanent tenure but shall have all other benefits 
 provided for in sections 383B.26 to 383B.42.  The term of office 
 of any position established by another statute shall be as 
 provided in it.  

    Subd. 5.    Managerial classifications; benefits.  
 Notwithstanding any contrary provision of other law, the board 
 may, by rule, establish an employee benefit system for certain 
 managerial classifications as identified by the director and 
 approved by the board and county board which may differ from 
 those for other county employees. 

    Subd. 6.    Classified service.  The classified service 
 shall include all other positions now existing or hereafter 
 created and all employees holding such positions unless 
 specifically placed in the unclassified service by sections 
 383B.32 to 383B.46.  The provisions of section 393.07, 
 subdivision 5, are hereby superseded insofar as they may be 
 inconsistent. 

    HIST: 1965 c 855 s 7; 1967 c 646 s 2,3; 1979 c 80 s 1; 1980 c 
 573 s 7; 1982 c 577 s 9,10; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1989 c 254 s 1; 1994 c 596 s 6-8; 1996 c 274 s 1 

     383B.33 Tenure. 

    Subdivision 1. Repealed, 1994 c 596 s 13 

    Subd. 2.    Salary shall not be decreased.  In the event 
 a lower salary is assigned to a class, the salary of an employee 
 in such class shall not be affected.  However, no salary 
 increase shall be granted such employee until the salary range 
 of the employee's class exceeds the employee's present salary. 

    Subd. 3.    Transferring employee to retain tenure.  
 When a permanent employee transfers from the classified service 
 into the unclassified service of the county, the employee shall 
 retain tenure in the classified service with the class from 
 which the transfer occurred. 

    HIST: 1965 c 855 s 8; 1980 c 573 s 8 

     383B.34 Classification of employees. 

    Subdivision 1.    Director to classify.  The director 
 shall be responsible for the classification of each position in 
 the county service.  This duty shall extend to all positions 
 held by members of the classified service under sections 383B.26 
 to 383B.42.  A title shall be established for each class.  The 
 classifications, when approved by the board and the county 
 board, shall take effect immediately.  

    Subd. 2.    Allocations.  The director shall allocate 
 positions in the classified service to one of the classes within 
 the classification plan. 

    (a) When a position is established, the appointing 
 authority shall notify the director who shall allocate that 
 position to a class which will become effective immediately.  
 The appointing authority may request reconsideration from the 
 director in accordance with the rules of the board.  The 
 director shall notify the appointing authority of any final 
 action. 

    (b) Whenever a position appears to be improperly allocated, 
 the director shall, with or without the written request of a 
 permanent employee or an appointing authority, investigate the 
 position.  Following that investigation the director may either 
 reallocate the position or deny the request for reallocation.  
 Notice of the action shall be given to the appointing authority 
 and the affected employee.  Unless otherwise provided in the 
 notice, the decision of the director shall be immediately 
 effective.  The appointing authority or the affected employee 
 may file a request for reconsideration with the director in 
 accordance with the rules of the board.  In all cases the burden 
 of proof shall be upon the person requesting the reallocation. 

    (c) Except as provided the incumbent of a position which 
 has been reallocated shall continue in the position only if the 
 incumbent is eligible for and actually appointed to the position 
 of the new class in accordance with the rules of the board 
 governing promotion, transfers and demotion.  If the incumbent 
 is ineligible to continue in the position and the incumbent is 
 not transferred, promoted or demoted, the layoff provisions of 
 sections 383B.26 to 383B.42 shall apply.  Personnel changes 
 required by the reallocation of positions shall be completed in 
 accordance with the rules of the board.  Any permanent or 
 probationary employee whose position is reallocated may compete, 
 if qualified as defined in the minimum qualifications for the 
 class specification, in an examination held to fill the 
 reallocated position as provided in the rules of the board and 
 shall be considered for appointment if the employee passes the 
 examination.  

    (d) When a position is reallocated to a class in a lower 
 salary range, the director may give consideration to the 
 employee's service, qualifications, or other considerations in 
 determining whether the employee shall continue at the same rate 
 of pay.  Thereafter, as long as the employee remains in the same 
 position, no salary increase shall be granted until the salary 
 range of the class exceeds the employee's present salary. 

    (e) The board shall review an allocation upon the written 
 request of the appointing authority or affected employee on the 
 grounds that the action of the director was not in accordance 
 with sections 383B.26 to 383B.42. 

    The director shall submit the record upon which the action 
 was taken.  Thereafter the board may sustain, reverse, or modify 
 the action of the director, or request further evidence from the 
 parties.  The appointing authority, subject to county board 
 approval, or any employee may petition the district court for a 
 review and determination of any alleged arbitrary or capricious 
 action on the part of the human resources board involving 
 allocation. 

    HIST: 1965 c 855 s 9; 1980 c 573 s 9; 1986 c 444; 1994 c 596 s 
 9 

     383B.35 Payrolls approved by director. 

    No appointing authority of the county of Hennepin shall 
 authorize payment of compensation for service to any person 
 holding a position in the classified service as established 
 under sections 383B.26 to 383B.42 or a position in the 
 unclassified service identified in section 383B.32, subdivision 
 3, unless the payroll for such compensation bears the 
 certification of the director that the persons named therein 
 have been appointed in accordance with the provisions of 
 sections 383B.26 to 383B.42.  The director shall not certify any 
 payroll unless such persons were appointed and employed in 
 accordance with sections 383B.26 to 383B.42. 

    HIST: 1965 c 855 s 10; 1980 c 573 s 10 

     383B.36 Party to litigation. 

    Subdivision 1.    Board may be party to litigation.  In 
 any litigation under sections 383B.26 to 383B.42, the board may 
 sue or be sued.  The board shall be represented in any such 
 action by the county attorney.  Any taxpayer of the county may 
 maintain an action in the district court to enjoin a person or 
 persons from authorizing or making payment in violation of 
 sections 383B.26 to 383B.42 or rules enacted under them. 

    Subd. 2.    Subpoenas.  The board or director shall have 
 the power to subpoena and to require the attendance of witnesses 
 and the production of evidence and to administer oaths.  The 
 board or director may apply to the district court for an order 
 requiring attendance or production of evidence. 

    Board hearings shall be conducted in an informal and 
 impartial manner in compliance with sections 383B.26 to 383B.42 
 and in accordance with procedures established by the board. 

    HIST: 1965 c 855 s 11; 1980 c 573 s 11 

     383B.37 Influence of applicants. 

    Subdivision 1.  No persons shall interfere with the rights 
 of any person in the examination process, or falsely mark, 
 grade, or report the examination or standing of any person 
 examined or aid in so doing, or furnish to any person, except in 
 answer to inquiries of the human resources board, any 
 information for the purpose of changing the rating of any 
 person.  No applicant or employee shall falsify an application 
 or record for the purpose of improving prospects for 
 employment.  No person shall by means of threats or coercion 
 induce or attempt to induce any person holding a position in the 
 classified service to resign.  A violation of this subdivision 
 is cause for dismissal, other discipline, or disqualification 
 from the classified service of the county.  In addition to other 
 legal remedies, violations may be enjoined. 

    Subd. 2.  Section 43A.32, subdivision 1, applies to 
 sections 383B.26 to 383B.42. 

    HIST: 1965 c 855 s 12; 1980 c 573 s 12; 1987 c 384 art 2 s 1; 
 1994 c 596 s 10 

     383B.38 Removals, suspensions, and demotions. 

    Subdivision 1.    Separation.  No permanent employee in 
 the classified service shall be suspended, demoted, or 
 discharged except for just cause. 

    In case of any action under this section, the employee 
 shall, before the action is taken, be furnished with a written 
 statement, setting forth the reasons for the disciplinary 
 action.  The employee shall be permitted five work days' time to 
 reply in writing or to meet with the department head or 
 designee.  A copy of the statement charging the employee shall 
 be filed with the director along with the employee's reply, if 
 any. 

    Subd. 1a.    Appeal.  (a) Any permanent employee in the 
 classified service who is discharged, demoted or suspended 
 pursuant to rules promulgated hereunder, shall be notified by 
 the effective date of the action of the right to appeal as 
 provided for by the rules to the chief administrative law judge 
 of the office of administrative hearings.  Action of the 
 department head shall be final if no written notice of appeal is 
 filed with the chief administrative law judge of the office of 
 administrative hearings and served upon the director and the 
 department head within 14 calendar days after the effective date 
 of the action. 

    (b) A permanent employee who elects to challenge a 
 discharge, demotion, or suspension through a grievance procedure 
 under a collective bargaining agreement under sections 179.35 to 
 179.39 or 179A.20 and 179A.21, may not also challenge the same 
 action through an appeal to the chief administrative law judge 
 of the office of administrative hearings.  Except as provided by 
 section 197.46, a permanent employee may challenge a discharge 
 or demotion through either a grievance procedure under a 
 collective bargaining agreement, or an appeal to the chief 
 administrative law judge of the office of administrative 
 hearings, but not through both procedures. 

    (c) Within ten days of receipt of the employee's written 
 notice of appeal, the chief administrative law judge shall 
 assign an administrative law judge to hear the appeal.  The 
 employee or department head or their attorney may, within ten 
 days after receipt of the notice of assignment, make and serve 
 on the other party and file with the office of administrative 
 hearings a notice to remove as provided in Rule 63.03 of the 
 Rules of Civil Procedure.  Upon the filing of a notice to 
 remove, the chief administrative law judge shall assign another 
 administrative law judge to hear the appeal. 

    (d) The hearing shall be conducted under the contested case 
 provisions of chapter 14 and the procedural rules adopted by the 
 chief administrative law judge, except that Minnesota Rules, 
 part 1400.6700, subparts 2 and 3, do not apply and discovery is 
 limited to the exchange of relevant documentation, witness 
 lists, and proposed exhibits. 

    (e) If the administrative law judge finds, based on the 
 record, that the action appealed was not taken by the department 
 head for just cause, the employee shall be reinstated to the 
 position, or an equal position within the same department, 
 without loss of pay.  If the administrative law judge finds that 
 just cause exists for the disciplinary action, it shall affirm 
 or uphold the action of the department head, or, if the employee 
 has asserted and the hearing record establishes extenuating 
 circumstances, the administrative law judge may reinstate the 
 employee, with full, partial, or no pay, or may modify the 
 department head's action by substituting a lesser disciplinary 
 action.  The administrative law judge's order is the final 
 decision.  The administrative law judge's order may be appealed 
 according to sections 14.63 to 14.68 by the employee, or by the 
 department head upon approval of the county board.  Settlement 
 of the entire dispute by mutual agreement is encouraged at any 
 stage of the proceedings.  Any settlement agreement is final and 
 binding when agreed to by all parties.  If an appeal to the 
 office of administrative hearings has been made, the settlement 
 agreement shall be submitted to the administrative law judge.  
 Except as provided in collective bargaining agreements, the 
 operating department shall bear the costs of the administrative 
 law judge for hearings provided for in this section. 

    Subd. 2. Repealed, 1994 c 596 s 13 

    Subd. 3. Repealed, 1994 c 596 s 13 

    Subd. 4. Repealed, 1994 c 596 s 13 

    HIST: 1965 c 855 s 13; 1980 c 573 s 13; 1986 c 444; 1987 c 384 
 art 2 s 1; 1994 c 596 s 11 

     383B.39 Veterans to be given preferential rating. 

    In all examinations veteran's preference shall be granted 
 to every person who is a veteran as defined in section 197.447.  

    HIST: 1965 c 855 s 14; 1994 c 596 s 12 

  383B.40 Repealed, 1994 c 596 s 13 

     383B.41 Discrimination. 

    All employment and personnel policies of the county shall 
 be administered without regard to race, color, creed, national 
 origin, religion, sex, marital status, disability, status in 
 regard to public assistance or age. 

    HIST: 1965 c 855 s 16; 1980 c 573 s 16 

     383B.42 Appropriation of funds. 

    The county board is hereby authorized and it shall make the 
 necessary appropriation to carry out the provisions of sections 
 383B.26 to 383B.42. 

    HIST: 1965 c 855 s 18 

     383B.45 Salaries. 

    Subdivision 1.  The governing body of the county of 
 Hennepin shall fix the time and manner of payment of salaries to 
 elective and appointive officers and employees paid in whole or 
 in part from county funds.  Such salaries may be paid either 
 monthly, semimonthly, or for each two-week period, but no 
 officer or employee whose salary is less than $500 a month shall 
 be paid on a monthly basis. 

    Subd. 2.  Until the governing body of the county of 
 Hennepin exercises the power herein conferred, the payment of 
 salaries and their manner of payment to elective and appointive 
 officers and employees paid in whole or in part with county 
 funds shall continue to occur in the manner now provided by law. 

    Subd. 3.  In order to utilize modern accounting methods and 
 equipment in processing salaries the governing body of the 
 county of Hennepin may adjust salaries of elective and 
 appointive officers and employees paid in whole or in part from 
 county funds, whether fixed by statute or otherwise, on an 
 annual, monthly, semimonthly, daily, or other basis so that they 
 may be paid in equal payments throughout the year.  The salaries 
 so adjusted shall be based on a year of 2,080 working hours.  
 Odd fractions may be dropped or added in order to permit equal 
 payments throughout the year, regardless of whether the 
 computation slightly decreases or increases the annual, monthly, 
 semimonthly, daily, or other salary of such officers and 
 employees. 

    Subd. 4.  This section supersedes the provisions of Laws 
 1957, chapter 945, section 5, relating to the payment of 
 salaries in equal semimonthly installments and any other law 
 relating to the county of Hennepin and governing the time or 
 manner of payment of elective or appointive officers and 
 employees paid in whole or in part from county funds. 

    HIST: 1965 c 466 s 1; 1973 c 230 s 1 

     383B.453 Bond of county recorder deputy. 

    In each county of this state now or hereafter having a 
 population of 500,000 or more, all deputy county recorders and 
 clerks in the office of the county recorder whose duties require 
 the collecting and receiving of fees or the handling of any 
 funds, shall, before entering upon their duties, give bond to 
 the state in a sum to be fixed by the county board.  The county 
 shall pay the premiums on such bonds where the surety is a 
 corporation duly authorized by law to be surety. 

    HIST: 1947 c 73 s 1; 1976 c 181 s 2 

     383B.455 Legal officers' salaries. 

    Notwithstanding any other provisions of law to the 
 contrary, in the county of Hennepin the county attorney, court 
 administrator of district court, and sheriff shall receive as 
 compensation for all services of every kind and nature performed 
 as such officials, annual salaries as shall be determined by the 
 board of county commissioners of Hennepin county. 

    HIST: 1971 c 744 s 1; 1Sp1986 c 3 art 1 s 82 

     383B.457 Officers' salaries. 

    In the county of Hennepin, the salaries of all nonelected 
 officials shall be set and prescribed by the board of county 
 commissioners of said county.  Provided, however, in no event 
 shall any salary be set for such officials which is an amount 
 less than that prescribed by law or in effect on June 9, 1967. 

    HIST: Ex1967 c 27 s 1 

     383B.46 Supplemental retirement account. 

    Subdivision 1.    Eligibility for coverage.  Any person 
 who was employed by the county of Hennepin or its agencies, 
 boards, commissions, authorities and committees prior to April 
 14, 1982 as an employee or an officer in the classified service 
 as defined in sections 383B.26 to 383B.42, or as an employee in 
 the unclassified service, and who has served for five years as a 
 county employee or an officer in the classified service, or as a 
 county employee in the unclassified service, which need not 
 necessarily be continuous, and which shall include time served 
 as a county employee prior to June 8, 1965, if the person is an 
 employee in the classified service, shall be entitled to elect 
 to obtain coverage by the Hennepin county supplemental 
 retirement program.  The election to obtain coverage may be 
 exercised only once and shall be exercised within 30 days of the 
 date on which the person first becomes entitled to elect to 
 obtain coverage. No person hired, rehired, or reinstated by the 
 county as an employee in the classified or unclassified service 
 on or after April 14, 1982, shall be eligible for coverage by 
 the Hennepin county supplemental retirement program.  

    Subd. 2.    Establishment of account; contributions.  
 The county of Hennepin shall deduct from the salary of every 
 person who is eligible for coverage and who elected to retain or 
 obtain coverage by the Hennepin county supplemental retirement 
 program a sum equal to one percent of the total salary of the 
 person.  Any classified or unclassified employee who is employed 
 in subsidized on-the-job training, work experience or public 
 service employment as an enrollee under the federal 
 comprehensive employment and training act shall not be included 
 in the supplemental retirement account from and after March 30, 
 1978 unless the employee has as of the later of March 30, 1978 
 or the date of employment sufficient service credit in the 
 public employees retirement fund or the Minneapolis municipal 
 employees retirement fund, whichever is applicable, to meet the 
 minimum vesting requirements for a deferred retirement annuity, 
 or the county agrees in writing to make the required employer 
 contributions on account of the individual from revenue sources 
 other than funds provided under the federal comprehensive 
 employment and training act, or the employee agrees in writing 
 to make the required employer contribution in addition to the 
 employee contribution.  The deduction shall be made in the same 
 manner as other retirement deductions are made from the salary 
 of the person.  An amount equal to the amounts deducted during 
 each payroll period shall be contributed by the county of 
 Hennepin.  The total amount deducted and contributed shall be 
 deposited to the credit of the supplemental retirement account 
 in the treasury of the county of Hennepin.  The Hennepin county 
 supplemental retirement account is hereby established as an 
 account separate and distinct from other funds, accounts, or 
 assets of the county of Hennepin. 

    HIST: 1969 c 950 s 1; 1978 c 720 s 19; 1982 c 450 s 1; 1985 c 
 261 s 11 

     383B.47 Participation in Minnesota supplemental 
  investment fund. 

    With the moneys deposited to the credit of the supplemental 
 retirement account in the treasury of the county of Hennepin, 
 the county of Hennepin shall purchase shares in the accounts of 
 the Minnesota supplemental investment fund as provided in 
 section 383B.48. 

    HIST: 1969 c 950 s 2; 1982 c 450 s 2 

     383B.48 Purchase of shares in Minnesota supplemental 
  investment fund. 

    At the time a person becomes eligible for coverage and 
 elects to obtain coverage by the Hennepin county supplemental 
 retirement program and before November 1 of each subsequent 
 year, a participant in the Hennepin county supplemental 
 retirement program shall indicate in writing on a form provided 
 by the county of Hennepin the account of the Minnesota 
 supplemental investment fund in which the participant wishes 
 salary deductions and county matching contributions attributable 
 to salary deductions to be invested for the subsequent 12-month 
 period.  For that 12-month period, the county of Hennepin shall 
 purchase with the salary deductions and county matching funds 
 attributable to the salary deductions shares in the appropriate 
 account of the Minnesota supplemental investment fund in 
 accordance with the indicated preferences of the participant.  
 However, the county of Hennepin has the authority to determine 
 which accounts of the Minnesota supplemental investment fund 
 will be available for participant investment.  The shares 
 purchased must stand in the name of the county of Hennepin.  A 
 record must be kept by the county of Hennepin indicating the 
 number of shares in each account of the Minnesota supplemental 
 investment fund purchased with the salary deductions and county 
 matching funds attributable to the salary deductions of each 
 participant.  The record must be known as the "participant's 
 share account record."  The participant's share account record 
 must show, in addition to the number of shares in the account, 
 any cash balance of salary deductions or county matching funds 
 attributable to those deductions which stand uninvested in 
 shares.  At the option of the county of Hennepin, and subject to 
 any terms and conditions established and communicated in writing 
 by the county to a participant, the participant may designate no 
 more often than once each calendar quarter that prior salary 
 deductions and county matching contributions attributable to the 
 salary deductions, together with any interest earned, be 
 reinvested in another account of the Minnesota supplemental 
 investment fund made available by the county of Hennepin. 

    HIST: 1969 c 950 s 3; 1975 c 153 s 1; 1982 c 450 s 3; 1986 c 
 356 s 10; 1995 c 141 art 3 s 17 

     383B.49 Supplemental retirement benefits; redemption of 
  shares. 

    When requested to do so, in writing, on forms provided by 
 the county, by a participant, surviving spouse, a guardian of a 
 surviving child or a personal representative, whichever is 
 applicable, the county of Hennepin shall redeem shares in the 
 accounts of the Minnesota supplemental investment fund standing 
 in a participant's share account record under the following 
 circumstances and in accordance with the laws and regulations 
 governing the Minnesota supplemental investment fund: 

    (1) A participant who is no longer employed by the county 
 of Hennepin is entitled to receive the cash realized on the 
 redemption of the shares to the credit of the participant's 
 share account record of the person.  The participant may request 
 the redemption of all or a portion of the shares in the 
 participant's share account record of the person, but may not 
 request more than one redemption in any one calendar year.  If 
 only a portion of the shares in the participant's share account 
 record is requested to be redeemed the person may request to 
 redeem not less than 20 percent of the shares in any one 
 calendar year and the redemption must be completed in no more 
 than five years.  An election is irrevocable except that a 
 participant may request an amendment of the election to redeem 
 all of the person's remaining shares.  All requests under this 
 paragraph are subject to application to and approval of the 
 Hennepin county board, in its sole discretion.  

    (2) In the event of the death of a participant leaving a 
 surviving spouse, the surviving spouse is entitled to receive 
 the cash realized on the redemption of all or a portion of the 
 shares in the participant's share account record of the deceased 
 spouse, but in no event may the spouse request more than one 
 redemption in each calendar year.  If only a portion of the 
 shares in the participant's share account record is requested to 
 be redeemed, the surviving spouse may request the redemption of 
 not less than 20 percent of the shares in any one calendar 
 year.  Redemption must be completed in no more than five years.  
 An election is irrevocable except that the surviving spouse may 
 request an amendment of the election to redeem all of the 
 participant's remaining shares.  All requests under this 
 paragraph are subject to application to and approval of the 
 Hennepin county board, in its sole discretion.  Upon the death 
 of the surviving spouse, any shares remaining in the 
 participant's share account record must be redeemed by the 
 county of Hennepin and the cash realized from the redemption 
 distributed to the estate of the surviving spouse. 

    (3) In the event of the death of a participant leaving no 
 surviving spouse, but leaving a minor surviving child or minor 
 surviving children, the guardianship estate of the minor child 
 is, or the guardianship estates of the minor children are, 
 entitled to receive the cash realized on the redemption of all 
 shares to the credit of the participant's share account record 
 of the deceased participant.  In the event of minor surviving 
 children, the cash realized must be paid in equal shares to the 
 guardianship estates of the minor surviving children. 

    (4) In the event of the death of a participant leaving no 
 surviving spouse and no minor surviving children, the estate of 
 the deceased participant is entitled to receive the cash 
 realized on the redemption of all shares to the credit of the 
 participant's share account record of the deceased participant. 

    HIST: 1969 c 950 s 4; 1975 c 153 s 2; 1982 c 450 s 4; 1985 c 
 261 s 12; 1995 c 141 art 3 s 18 

     383B.493 Withdrawal from participation. 

    Notwithstanding Laws 1982, chapter 450, or any other law to 
 the contrary, a Hennepin county employee participating in the 
 Hennepin county supplemental retirement program pursuant to Laws 
 1982, chapter 450 may, in the event of an unforeseeable 
 emergency, apply to the county to discontinue participation in 
 the program.  Employees who are no longer participating in the 
 program may apply for the redemption of all shares credited to 
 their share account record.  Applications are subject to 
 approval of the Hennepin county board of commissioners in its 
 sole discretion.  For the purposes of this section, the term 
 "unforeseeable emergency" shall mean a severe financial hardship 
 to the participant resulting from a sudden and unexpected 
 illness or accident of the participant or a person dependent 
 upon the participant, loss of participant's property due to 
 casualty, or other similar extraordinary and unforeseeable 
 circumstances arising as a result of events beyond the control 
 of the participant.  Applications based on foreseeable 
 expenditures normally budgetable shall not be approved.  A 
 participant exercising the option provided by this section shall 
 be ineligible for further participation in the supplemental 
 retirement program. 

    HIST: 1983 c 100 s 1; 1985 c 261 s 13 

     383B.50 Prospectus. 

    The county of Hennepin shall distribute to each participant 
 a prospectus of the Minnesota supplemental investment fund when 
 received from the fund. 

    HIST: 1969 c 950 s 5; 1982 c 450 s 5 

     383B.51 No assignment or garnishment. 

    The right of a participant who has shares to the credit of 
 the participant's share account record to redeem all or any 
 portion of the shares is a personal right only and shall be in 
 the state of Minnesota or the state board of investment or the 
 nominee of either, subject to the rights of the county of 
 Hennepin.  Any assignment or attempted assignment of shares to 
 the credit of a participant's share account record by any person 
 is null and void.  The shares are exempt from garnishment or 
 levy under attachment or execution or other legal process, 
 except as provided in section 518.58, 518.581, or 518.6111.  The 
 shares are also exempt from all taxation, except individual 
 income taxation, by the state of Minnesota. 

    HIST: 1969 c 950 s 6; 1982 c 450 s 6; 1988 c 668 s 7; 1996 c 
 471 art 1 s 11; 1997 c 203 art 6 s 92 

     383B.52 Administration costs. 

    The board of county commissioners of Hennepin county is 
 hereby authorized to appropriate money for the administration of 
 the supplementary benefit program created by sections 383B.46 to 
 383B.52. 

    HIST: 1969 c 950 s 7 

     383B.56 Ambulances. 

    Subdivision 1.  The county board of Hennepin county may 
 regulate the use of both public and private ambulances in such 
 county.  Such regulations may provide for the licensing of such 
 vehicles providing for standards of operation including but not 
 limited to requirements for equipment, sanitation, safety 
 devices and such other requirements as the board may deem 
 necessary. 

    Subd. 2.  The county board shall also have authority to 
 license and regulate the drivers and attendants operating such 
 ambulances and to enact reasonable rules and regulations 
 providing for personal health and such other standards as the 
 board may deem necessary. 

    Subd. 3.  The county board may impose reasonable yearly 
 license fees not to exceed $25 for each such vehicle, and not to 
 exceed $5 for each such operator or attendant.  The fees for 
 such licenses shall be paid into the general revenue fund of the 
 county. 

    Subd. 4.  The county board is hereby authorized to make the 
 necessary appropriations to carry out the provisions of this 
 section. 

    HIST: 1967 c 753 s 1 

     383B.562 Government center; liquor. 

    Notwithstanding any law to the contrary, Hennepin county, 
 by resolution of its county board, may issue, with or without 
 fee, to a nonprofit organization or corporation, one-day on-sale 
 licenses for the sale and serving of intoxicating liquor in the 
 Hennepin county government center in connection with any 
 convention, banquet, conference, meeting, or social event 
 conducted by the nonprofit organization.  The licensee may 
 dispense intoxicating liquor only to persons attending the 
 event.  The licensee's authority shall expire upon termination 
 of the event.  All dispensing of intoxicating liquor shall be in 
 accordance with the terms and conditions prescribed by 
 resolution of the county board. 

    HIST: 1983 c 337 s 2 

     383B.565 Plats and surveys; approval. 

    In the county of Hennepin, each subdivision plat or 
 registered land survey plat shall be approved by the Hennepin 
 county surveyor before recording.  The proprietor of such plat 
 shall be charged a fee for such service in accordance with a 
 schedule established by the board of commissioners. 

    HIST: 1969 c 810 s 1 

     383B.60 Special load permits; seasonal permits for 
  contractors; fees. 

    The county of Hennepin, to cover administrative costs in 
 issuing special permits under the provisions of section 169.86 
 may charge a fee of $5 for each such permit issued, except a 
 seasonal transportation permit to contractors who move their own 
 machinery and equipment for their own use, the fee for such 
 seasonal permit shall be $25, provided that all contractors' 
 equipment and machinery hauled by "for hire" carriers pursuant 
 to a contract or lease with said contractor shall also be 
 included in the issuance of said permits.  All such fees for 
 permits issued shall be deposited in the county treasury and 
 credited to the county road and bridge fund. 

    HIST: 1967 c 774 s 1; 1971 c 819 s 1 

     383B.603 Highway maps. 

    Subdivision 1.  In order to provide information to the 
 public as to the location of county highways and county 
 state-aid highways and the right-of-way thereof in Hennepin 
 county, the county board of Hennepin county may file for record 
 in the office of the county recorder and registrar of titles of 
 said county such maps or plats showing such information as the 
 board shall determine necessary.  The map or plat shall be 
 subscribed by the chair of the county board and any registered 
 land surveyor in the employ of Hennepin county, and is entitled 
 to record without compliance with the provisions of chapter 
 505.  Any amendments, alterations, or vacations or such maps or 
 plats so filed may be entitled to record in like manner. 

    Subd. 2.  Maps or plats filed for record under this section 
 shall not operate of themselves to transfer title to the 
 property described but such maps or plats shall be for 
 descriptive purposes. 

    HIST: 1967 c 512 s 1; 1976 c 181 s 2; 1986 c 444 

     383B.606 Seasonal load limits. 

    The seasonal load restrictions imposed pursuant to section 
 169.87, subdivision 2, do not apply to county highways and 
 county state-aid highways in Hennepin county unless the highway 
 is so posted by the appropriate local authority as provided in 
 section 169.87, subdivision 1. 

    HIST: 1967 c 511 s 1 

     383B.608 Local road aid. 

    Notwithstanding the provisions of any law to the contrary, 
 the county board of Hennepin county may appropriate from its 
 road and bridge fund to any town or city within the county, such 
 sums of money as are available and which the county board deems 
 advisable to aid any such town or city in the construction and 
 maintenance of roads, streets or bridges therein.  The 
 appropriations may be directly expended by the county board on 
 roads, streets or bridges designated by the governing body of 
 the town or city, and may be expended in accordance with Laws 
 1905, chapter 164, as amended.  No such town or city shall 
 receive an appropriation hereunder exceeding 30 percent of the 
 annual county tax levy for road and bridge purposes paid by the 
 town or city. 

    HIST: 1975 c 289 s 1 

     383B.611 Probation and investigation department, 
  creation. 

    There is hereby established in the county of Hennepin, a 
 probation and investigation department in connection with the 
 district court of any such county in charge of an officer to be 
 known as director of court service. 

    HIST: 1929 c 326 s 1; 1955 c 504 s 1; 1961 c 527 s 1 

     383B.612 Director of court services; other employees.  

    Such department shall consist of one director of court 
 services and such assistants, deputies, probation officers, 
 caseworkers, investigators, clerical help and other employees as 
 the judges of said court shall from time to time appoint. 

    Such director of court services, assistants, deputies, 
 officers, caseworkers, investigators, clerical help, and other 
 employees shall be appointed and removed by the judges of the 
 district court in any such county.  They may be appointed either 
 for a definite period of time or for an indeterminate period, in 
 the discretion of the court.  The salaries of all such persons 
 shall be fixed by the judges of said court. 

    The judges may by order determine the necessary 
 qualifications of applicants for positions in the department and 
 may, in their discretion, provide that applicants shall undergo 
 certain tests as to their qualifications. 

    The director of court services shall have general 
 supervision of such department, subject to the direction of the 
 judges of the court.  The court may divide the duties of the 
 department into branches or divisions, and appoint from such 
 probation officers, investigators or other employees the heads 
 of such branches or divisions.  A juvenile division may be 
 established distinct from all other divisions of such department.

    HIST: 1929 c 326 s 2; 1939 c 183 s 1; 1955 c 504 s 2 

     383B.613 Duties of department.  

    The duties of such department shall be: 

    (1) To undertake the supervision of all persons placed on 
 probation or parole by any of the judges of said court, to keep 
 accurate records of such supervision, and to report to the court 
 as to such probation or parole as directed by any of the judges 
 of the court; 

    (2) To be present when court is in session and so directed 
 by any one of said judges; 

    (3) To perform the duties required of probation officers by 
 chapter 521; 

    (4) To assist in administering the law providing for all 
 allowances to mothers of dependent children, and to perform the 
 duties of investigation and supervision, as found in Mason's 
 Minnesota Statutes of 1927, sections 8671 to 8689; 

    (5) To provide for mental and physical examination of 
 persons coming under the juvenile court law, and to provide for 
 necessary mental, dental, surgical, and nursing care for such 
 persons; 

    (6) To make such investigation as the court may direct 
 concerning the circumstances of the offense, criminal record and 
 social history of any person convicted of crime, and when deemed 
 appropriate to obtain a physical and mental examination of such 
 defendant and report thereon; 

    (7) To make collections of support money in divorce actions 
 when ordered by a judge of the court for the benefit of children 
 or indigent mothers and children jointly; to collect money 
 ordered to be paid in desertion and abandonment cases; and to 
 make collections of money or property when ordered to be paid as 
 restitution or reimbursement, and to turn over such money or 
 property to the person or persons entitled thereto.  Before 
 turning over such money as herein provided, the department may 
 deduct from such money a charge for its collection services.  
 Such charges shall be made in whatever amount and in whatever 
 manner as is approved by the district court, fourth judicial 
 district; 

    (8) To make investigations in divorce cases of children and 
 home conditions when directed by a judge of said court, and also 
 to exercise supervision over children in such divorce cases as 
 the court may direct; 

    (9) When directed by a judge of the court and when the 
 person having custody of children is indigent, to take such 
 steps as may be necessary to compel persons ordered to pay money 
 for the support of children when in default; to take such steps 
 as may be necessary to compel persons to make reimbursement to 
 comply with the order of court when in default; to institute, if 
 necessary, contempt proceedings in behalf of such person or 
 persons to whom money or property is ordered to be paid or 
 delivered.  It shall be the duty of the county attorney to 
 conduct such contempt proceedings when directed by one of the 
 judges of the court.  The county attorney in such contempt 
 proceedings or upon a separate motion supported by order to show 
 cause and affidavits may move the court that any defaults or 
 delinquent payments under such order of support be reduced to a 
 judgment against the defaulting party, and where the local 
 social services agency or any other public agency has advanced 
 and expended funds to supply the unmet needs of such children 
 because of such default by failure to pay the court order, such 
 local social services agency or other public agency shall be 
 subrogated and may recover under such judgment to the extent 
 that public funds were expended for the care and support of such 
 children; 

    (10) To perform such other duties for the protection of 
 children and indigent mothers and children as may be directed by 
 the court, including the exclusive operation, control and 
 administration of any juvenile detention facility provided by 
 such county for the temporary custody of delinquent children. 

    HIST: 1929 c 326 s 3; 1955 c 504 s 3; 1961 c 527 s 2; 1969 c 
 811 s 1; 1994 c 631 s 31 

     383B.614 Offices; powers; records. 

    Subdivision 1.  The county commissioners of such county 
 shall provide the department with suitably furnished office 
 rooms, record books, stationery, postage, expenses of 
 investigation and transportation which shall include payment to 
 any probation officer and employee of the department as 
 compensation or reimbursement for the use of such officer's or 
 employee's own automobile in the performance of county duties 
 mileage at a rate per mile not exceeding the maximum rate fixed 
 by law plus a reasonable allowance, not exceeding $10 per month, 
 to defray cost of parking fees incidental to such use, and such 
 other actual expenses as are required for the proper execution 
 of the purposes of this section. 

    Subd. 2.  Probation officers shall have the power of peace 
 officers in the execution of their duties.  Each probation 
 officer, before entering on the duties of the office, shall take 
 an oath of office to be administered by one of the judges making 
 the appointment.  Each probation officer or employee who 
 collects or has the custody of money shall execute a bond, with 
 appropriate sureties, in a penal sum to be fixed by the judges, 
 at the expense of the county, conditioned for the true 
 accounting of all money received by the officer as a probation 
 officer. 

    Subd. 3.  The records of all cases in said office may be 
 withheld from indiscriminate public inspection at the discretion 
 of the judges of the court. 

    Subd. 4.  Any act, order, or thing required or permitted to 
 be done by the judges of the court by the provisions hereof may 
 be done by a majority of the judges. 

    Subd. 5. Repealed, 1995 c 186 s 77 

    HIST: 1929 c 326 s 4-7,9; 1953 c 385 s 1; 1986 c 444 

     383B.63 Public Defender. 

    Subdivision 1. Repealed, 1991 c 345 art 3 s 30 

    Subd. 2.  The public defender of Hennepin county may appear 
 for and defend all persons charged with any crime, petty 
 misdemeanor or ordinance violation in such county, and may 
 appear for and represent all persons in juvenile court in such 
 county who are financially unable to employ counsel. 

    Subd. 3.  If the state public defender is unable to provide 
 the service, the public defender of Hennepin county may appeal a 
 conviction of any crime, petty misdemeanor or ordinance 
 violation or an adverse decision in juvenile court where the 
 party appealing is financially unable to employ counsel and to 
 pay the expenses of an appeal. 

    Subd. 4.  Repealed, 1989 c 335 art 3 s 57 

    Subd. 5.  Repealed, 1989 c 335 art 3 s 57 

    Subd. 6.  The employees of the office of the Hennepin 
 county public defender shall be and are hereby placed in the 
 classified service as set forth in Laws 1965, chapter 855, as 
 amended; except that the public defender shall be in the 
 unclassified service. 

    HIST: 1973 c 317 s 1; 1986 c 444 

     383B.65 Lease authorization. 

    Subdivision 1.  The county of Hennepin and the city of 
 Bloomington may enter into contracts for terms not to exceed ten 
 years and may enter into leases in connection with court and 
 court-related activities.  The term of any lease entered into by 
 the county of Hennepin with the city of Bloomington shall not 
 exceed the period required to service the debt on the bonds 
 authorized by Laws 1983, chapter 523, article 12, section 1.  
 Lease payments shall be irrevocably pledged to the payment of 
 the debt.  Upon the retirement of the debt created under Laws 
 1983, chapter 523, article 12, section 1, the city may lease 
 space in the court building and related facilities to the county 
 as the county may need for court purposes for periods not to 
 exceed five years.  If the city and the county deem it to be in 
 the best interests of the public served by the facilities, the 
 county may purchase them after retirement of the debt, or upon 
 guaranteeing the servicing of the debt, at mutually agreed upon 
 terms. 

    Subd. 2.    Relocation of municipal court.  
 Notwithstanding the provisions of section 488A.01, subdivision 
 9, the county of Hennepin may relocate the municipal court 
 serving the city of Bloomington and thereupon shall provide 
 suitable quarters for the holding of regular terms of court in a 
 southern suburban location within the county as may be 
 designated by a majority of the judges of the court.  All 
 functions of the court may be discharged, including both court 
 and jury trials of civil and criminal matters, at the location 
 designated pursuant to this section.  Nothing in this section 
 shall be construed to reduce the level of services to the 
 residents of the city of Bloomington. 

    HIST: 1983 c 523 art 12 s 2,4 

     383B.68 Regional park district; commissioners. 

    Subdivision 1.  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 park reserve district shall 
 consist of seven commissioners appointed or elected as provided 
 in this section. 

    Subd. 2.  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 
 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. 

    Subd. 3.  Five park district commissioners shall be elected 
 as provided in this subdivision to represent those portions of 
 Hennepin county outside of the city of Minneapolis.  One park 
 district commissioner shall be elected without party designation 
 from each of the districts established pursuant to subdivision 
 4.  Elections under this subdivision shall be held at the same 
 time and in the same manner as elections for the office of 
 county commissioner beginning at the 1986 general election.  
 Each park district commissioner elected pursuant to this 
 subdivision shall be a resident of the district represented and 
 shall serve for a term of four years and until a successor is 
 elected and qualifies, except that the term of office of each 
 park district commissioner elected at the general election held 
 in the year of a federal census shall be only two years and 
 until a successor is elected and qualifies.  At the general 
 election following redistricting as required in subdivision 4, 
 the three commissioners from odd-numbered districts shall be 
 elected for four-year terms and the two 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 subdivision, the board of park district 
 commissioners shall appoint a successor residing in that 
 district to fill the unexpired term. 

    Subd. 4.  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 district shall 
 divide the territory of Hennepin county outside the city of 
 Minneapolis into five districts, which constitute the Hennepin 
 county park reserve 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 district shall redistrict the territory of the 
 Hennepin county park reserve 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. 

    HIST: 1979 c 288 s 2; 1Sp1985 c 14 art 7 s 2-4; 1986 c 444; 
 1993 c 58 s 1 

  383B.69 Repealed, 1996 c 310 s 1 

     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. 

    HIST: 1977 c 101 s 1 

     383B.702 Depositories. 

    Notwithstanding section 398.18, the Hennepin county park 
 reserve district may exercise the powers of a municipality under 
 chapter 118. 

    HIST: 1Sp1985 c 14 art 7 s 6 

     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. 

    HIST: 1Sp1985 c 14 art 7 s 7 

     383B.71 Trail system. 

    In addition to the authority granted by chapter 398, the 
 Hennepin county park reserve district is authorized to acquire, 
 establish, operate and maintain trail systems. 

    HIST: 1975 c 66 s 1 

     383B.72 Land acquisition; town consent. 

    Notwithstanding the provisions of section 398.09, the board 
 of park district commissioners of the Hennepin county 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. 

    HIST: 1967 c 721 s 1 

     383B.73 Park district tax levy. 

    Subdivision 1.    Levy.  To provide funds for the 
 purposes of the Hennepin county 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.  

    Subd. 2.    Bonds.  To provide funds for the acquisition 
 and betterment of park properties and facilities of the district 
 in accordance with plans filed by it under section 398.19, upon 
 request of the board of park district commissioners by a 
 resolution or resolutions regularly adopted by a majority of all 
 members thereof, the board of county commissioners of Hennepin 
 county may, prior to August 1, 1985, in addition to bonds issued 
 by the county for this purpose before January 1, 1973, by 
 resolution issue and sell general obligation bonds of the county 
 in the manner provided in sections 475.60 to 475.753, in an 
 aggregate amount not exceeding $2,500,000.  Taxes for the 
 payment of the principal of and interest on such bonds shall be 
 assessed and extended upon all taxable property in the county.  
 Such bonds shall not be subject to the limitations of sections 
 475.51 to 475.59, but the maturity years and amounts and 
 interest rates of each series of bonds shall be fixed so that 
 the maximum amount of principal and interest to become due in 
 any year on the bonds authorized by this law and all bonds 
 issued by the county for the purposes of the district before 
 January 1, 1973, shall not exceed an amount equal to a levy of 
 0.00725 percent of market value on all taxable property in the 
 county as last finally equalized before the issuance of the new 
 series.  Taxes for the payment of principal and interest on 
 bonds issued after August 1, 1985, shall be assessed and 
 extended upon all taxable property in the park district. 

    HIST: 1967 c 721 s 2; 1969 c 885 s 1; 1971 c 954 s 1; 1973 c 
 473 s 1; 1979 c 288 s 1; 1Sp1985 c 14 art 7 s 1; 1988 c 719 art 
 5 s 84; 1989 c 277 art 4 s 40,41 

     383B.74 Boundaries. 

    Subdivision 1.  The boundaries of the Hennepin county park 
 reserve district, a local government unit created and activated 
 and now organized and existing under the provisions of sections 
 398.01 to 398.21, and including within its corporate limits the 
 entire area of Hennepin county except the area of the city of 
 Minneapolis, are hereby enlarged to include the area of the city 
 of Minneapolis. 

    Subd. 2.  So far as practicable the county of Hennepin 
 shall make available to the Hennepin county park reserve 
 district and the board of said district shall, if feasible, 
 utilize to the fullest extent possible the services of all 
 county departments, including, but not limited to, road and 
 bridge, sheriff, surveyor, attorney, and budget and purchasing. 

    Subd. 3.  The provisions of sections 398.01 to 398.21 as 
 applied to the Hennepin county park reserve district are amended 
 so far, but only so far, as necessary to give full force and 
 effect to the provisions of this section and to the provisions 
 of any other special law affecting that district. 

    HIST: 1963 c 883 s 1,6,7; 1969 c 885 s 2; 1979 c 288 s 5 

     383B.75 Municipal building commission. 

    That from and after the first Monday in January, 1904, all 
 of the completed portions of the Hennepin county and Minneapolis 
 courthouse and city hall building, erected pursuant to chapter 
 395 of the Special Laws of 1887, shall be under the exclusive 
 care of a commission of four members, styled "the municipal 
 building commission," which shall be constituted as follows:  
 The chair of the board of county commissioners of Hennepin 
 county, the mayor of the city of Minneapolis, a person appointed 
 by the board of county commissioners of Hennepin county, who 
 shall serve at its pleasure, and a person appointed by the city 
 council of the city of Minneapolis, who shall serve at its 
 pleasure.  The chair of the board of county commissioners of 
 Hennepin county shall be president of said commission, and the 
 mayor of the city of Minneapolis, vice-president thereof.  The 
 person appointed by the board of county commissioners of 
 Hennepin county shall be the secretary of said commission and as 
 such shall keep the records and accounts thereof.  The 
 comptroller treasurer of the city of Minneapolis shall keep a 
 correct account of the receipts and expenditures of the 
 commission.  The commission shall by resolution establish 
 regular meeting dates. 

    HIST: 1903 c 247 s 1; 1977 c 77 s 1; 1986 c 444 

     383B.751 Care and control of building. 

    The commission hereby created shall have the entire care 
 and control of all of said courthouse and city hall building.  
 It shall have power to assign unassigned rooms and space in any 
 part of said building with entire control of any room or rooms 
 in said building, and of all halls and corridors and of all 
 boiler and machinery rooms.  The commission in its discretion 
 may reassign and reallocate occupied rooms or space therein 
 provided that space already occupied may not be reassigned 
 except after a hearing before said commission on written notice 
 to the occupant or person in charge of such space; and the vote 
 of three members of said commission shall govern as its final 
 action after such hearing; provided further that any interested 
 party may appeal from an adverse ruling of said commission to 
 the district court, which court shall summarily decide the 
 matter after a hearing thereon in the same manner as a civil 
 case, and the determination of said matter by said court shall 
 be final, provided that if the space in controversy is occupied 
 or sought to be occupied by a district court judge or other 
 district court official, that said final determination be made 
 by a judge of the district court from a district other than that 
 comprising Hennepin county, which other judge shall be selected 
 by the governor upon request of the commission.  When so 
 determined and after being served with the court order the 
 occupant or person in charge of such space or room shall remove 
 therefrom in accordance with the terms of the order, and failing 
 to do so, shall be deemed in contempt of court. 

    The commission shall also have the care and control of all 
 engines, boilers, machinery, elevators and all mechanical and 
 electrical appliances of every nature in said building.  It 
 shall cause all of the occupied portions of said building to be 
 properly heated, lighted, cleaned and kept in repair for public 
 use, with full authority to appoint any and all employees 
 necessary to properly perform the duties hereby devolved upon 
 such commission, with authority to fix the compensation of such 
 employees.  Persons employed by the municipal building 
 commission on or before August 1, 1977, or thereafter, and 
 having at least six months service, shall have tenure based on 
 length of service.  Promotions shall be filled from the eligible 
 lists established and maintained by the Minneapolis civil 
 service commission.  No employee after six months continuous 
 employment shall be removed or discharged except upon a majority 
 vote of the members of the municipal building commission for 
 cause, upon written charges and after an opportunity to be heard 
 at a hearing conducted by the municipal building commission.  
 The Minneapolis civil service rules relating to cause for 
 removal shall govern.  An employee removed for cause may appeal 
 to district court, which decision shall be final. 

    Nothing herein contained shall be construed to interfere in 
 any manner with the powers and duties of the courthouse and city 
 hall commission engaged in completing and furnishing said 
 building. 

    HIST: 1903 c 247 s 2; 1937 c 251 s 1; 1986 c 444 

     383B.752 Expenses; warrants. 

    Said commission shall at the beginning of each calendar 
 month render a detailed statement to the county auditor of 
 Hennepin county and to the city controller of the city of 
 Minneapolis, respectively, of all its expenses necessarily 
 incurred for the purposes contemplated by sections 383B.75 to 
 383B.754 during the last preceding month in or with reference to 
 portions of said building used or occupied by the county and by 
 the city, respectively, including the proper portions of all 
 expenses rendered for the common benefit of the county and city 
 and properly chargeable to each of such municipalities; 
 whereupon it shall become the duty of the proper officers of 
 said county and of said city to forthwith draw warrants upon 
 their respective treasurers, each for the amount of the account 
 rendered against it by said commission, and it shall be the duty 
 of the treasurer of said municipal building commission to 
 forthwith pay to the parties properly entitled thereto the 
 several amounts specified in said accounts rendered. 

    HIST: 1903 c 247 s 3 

     383B.753 Exclusive control. 

    From and after the first Monday in January, 1904, neither 
 the board of county commissioners of Hennepin county, nor the 
 city council of the city of Minneapolis shall have anything to 
 do with the care of any portion of the courthouse and city hall 
 building, nor shall they have anything to do with the control of 
 any portions of said building not specifically assigned for 
 official use. 

    HIST: 1903 c 247 s 4 

     383B.754 Budget date. 

    It shall be the duty of the municipal building commission 
 to prepare a detailed statement of the estimated expenditures of 
 such commission for the then ensuing year and transmit the same 
 each year to the board of county commissioners of Hennepin 
 county on the date specified by the board.  The estimate shall 
 specify what portion of the total expenditures of the commission 
 shall be borne by the county and city, respectively, and it 
 shall be the duty of the county commissioners to levy a tax at 
 its proper meeting sufficient to meet the county share of the 
 final statement of estimated expenditures.  A like estimate 
 shall be transmitted each year to the city council of the city 
 of Minneapolis on the date specified by the council, and it 
 shall be the duty of the city council to levy a tax at its 
 proper meeting sufficient to meet the city's portion of the 
 final statement of estimated expenditures.  If the dates 
 specified by the city and county are different, the commission 
 shall transmit its budget estimate to both the city and the 
 county on the earlier of the two dates.  The commission shall 
 submit a final statement of estimated expenditures ten days 
 before the date Hennepin county and the city of Minneapolis are 
 required to certify their tax levies. 

    HIST: 1903 c 247 s 5; 1983 c 76 s 1 

     383B.77 Hennepin county housing and redevelopment 
  authority. 

    Subdivision 1.    Creation.  The Hennepin county housing 
 and redevelopment authority is created in the county of Hennepin.
 It shall have all of the powers and duties of a housing and 
 redevelopment authority under sections 469.001 to 469.047.  For 
 the purposes of applying the municipal housing and redevelopment 
 act to Hennepin county, the county has all of the powers and 
 duties of a city, the county board has all the powers and duties 
 of a governing body, the chair of the county board has all of 
 the powers and duties of a mayor, and the area of operation 
 includes the area within the territorial boundaries of the 
 county. 

    Subd. 2.    Limitation.  This section does not limit or 
 restrict any existing housing and redevelopment authority or 
 prevent a municipality from creating an authority.  For purposes 
 of this subdivision, "housing and redevelopment authority" 
 includes any municipal department, agency, or authority of the 
 city of Minneapolis which exercises the powers of a housing and 
 redevelopment authority pursuant to section 469.003 or other 
 law.  The county authority shall notify a municipal authority by 
 January 31 of each year as to the activities the county 
 authority plans to participate in within the municipality.  The 
 municipal authority shall notify the county authority within 45 
 days of the date of the notice from the county authority, if the 
 municipal authority does not consent to the activities of the 
 county authority.  The county authority shall not exercise its 
 powers in a municipality where a housing and redevelopment 
 authority was created under Minnesota Statutes 1969, chapter 
 462, before June 8, 1971, except as provided in this 
 subdivision.  If a city housing and redevelopment authority 
 requests the county housing and redevelopment authority to 
 exercise any power or perform any function of the municipal 
 authority, the county authority may do so. 

    Subd. 3.    Local approval.  If a housing or 
 redevelopment project is undertaken in Hennepin county pursuant 
 to this section, the governing body of the city must approve the 
 project before it is undertaken. 

    Subd. 4.    Commissioners.  Notwithstanding section 
 469.003, subdivision 5, the Hennepin county housing and 
 redevelopment authority shall consist of seven commissioners. 

    HIST: 1987 c 177 s 1; 1989 c 78 s 1; 1989 c 209 art 2 s 38; 
 1997 c 58 s 3 

     383B.78 Bathing beaches. 

    Subdivision 1.    Bathing beach definition.  For 
 purposes of this section, a public bathing beach means public 
 land, roads, and highways adjoining public waters that have been 
 or may be used for bathing or swimming, and privately owned 
 places that the public is allowed to frequent or use for bathing.

    Subd. 2.    Unlawful to bathe at public beaches at certain 
 times.  In counties that have a population of 450,000 or more, 
 a person may not frequent, swim, bathe, or congregate at a 
 public bathing beach or public waters adjacent to a public 
 bathing beach for the purpose of swimming or bathing, or 
 congregating with others, from 10:30 p.m. to 5:00 a.m. of the 
 next day.  

    Subd. 3.    Regulatory ordinances.  (a) The governing 
 bodies of counties having a population of more than 450,000, and 
 all cities and towns located in the counties may, by ordinance, 
 resolution, or bylaw, regulate the use of public bathing beaches 
 and public waters where a public bathing beach immediately 
 borders for the purpose of bathing, swimming, or congregating 
 with others, within their respective territorial limits, in a 
 manner that is not inconsistent with this section.  

    (b) If a governing body determines that the safety, health, 
 morals, or general welfare of the public require, the governing 
 body may, by ordinance, resolution, or bylaw, provide that a 
 public bathing beach is closed to bathing, swimming, and 
 congregating after 9:00 p.m. 

    Subd. 4.    Not restrictive.  This section does not 
 limit or abrogate any of the existing powers of a body or 
 governing board of a county, home rule charter or statutory 
 city, or town.  

    Subd. 5.    Penalty.  A person who violates a provision 
 of this section is guilty of a misdemeanor.  

    HIST: 1990 c 391 art 8 s 43; 1997 c 7 art 1 s 132 

     383B.79 Multijurisdictional program. 

    Subdivision 1.    Program created.  A 
 multijurisdictional reinvestment program involving Hennepin 
 county, the cities of Minneapolis, Brooklyn Center, and other 
 interested statutory or home rule charter cities in Hennepin 
 county, the Minneapolis park board, and the suburban Hennepin 
 county park district is created.  The multijurisdictional 
 program must include plans for housing rehabilitation and 
 removals, industrial polluted land cleanup, water ponding, 
 environmental cleanup, community corridor connections, corridor 
 planning, creation of green space, and job creation.  

    Subd. 2.    Use of appropriations.  Up to one-half of 
 any state appropriation for the program created in subdivision 1 
 may be used by the county as a grant to the cities of 
 Minneapolis and Brooklyn Center to provide assistance in a 
 capital nature for constructing public infrastructure 
 improvements in order to further economic development.  

    Subd. 3.    Matching.  Government jurisdictions 
 participating in the reinvestment program planning and projects 
 must match any state contribution on at least a 
 dollar-for-dollar basis in the aggregate.  Government 
 jurisdictions, however constituted, may use any funds under 
 their control for the match requirement.  

    HIST: 1995 c 224 s 94 

     383B.80 Hennepin county deed and mortgage tax. 

    Subdivision 1.    Authority to impose; rate.  (a) The 
 governing body of Hennepin county may impose a mortgage registry 
 and deed tax. 

    (b) The rate of the mortgage registry tax equals one cent 
 for each $100 or fraction of the principal. 

    (c) The rate of the deed tax equals five cents for each 
 $500 or fraction of the amount. 

    Subd. 2.    General law provisions apply.  The taxes 
 under this section apply to the same base and must be imposed, 
 collected, administered, and enforced in the same manner as 
 provided under chapter 287 for the state mortgage registry and 
 deed taxes.  All the provisions of chapter 287 apply to these 
 taxes, except the rate is as specified in subdivision 1, the 
 term "Hennepin county" must be substituted for the "state," and 
 the revenue must be deposited as provided in subdivision 3. 

    Subd. 3.    Deposit of revenues.  All revenues from the 
 tax are for the use of the Hennepin county board of 
 commissioners and must be deposited in the county's 
 environmental response fund under section 383B.81. 

    Subd. 4.    Expiration.  The authority to impose the tax 
 under this section expires January 1, 2003. 

    HIST: 1997 c 231 art 16 s 15 

     383B.81 Environmental response fund. 

    Subdivision 1.    Creation.  An environmental response 
 fund is created for the purposes specified in this section.  The 
 taxes imposed by section 383B.80 must be deposited in the fund.  
 The board of county commissioners shall administer the fund 
 either as a county board, a housing and redevelopment authority, 
 or a regional rail authority. 

    Subd. 2.    Uses of fund.  The fund created in 
 subdivision 1 must be used for the following purposes: 

    (1) acquisition through purchase or condemnation of lands 
 or property which are polluted or contaminated with hazardous 
 substances; 

    (2) paying the costs associated with indemnifying or 
 holding harmless the entity taking title to lands or property 
 from any liability arising out of the ownership, remediation, or 
 use of the land or property; 

    (3) paying for the costs of remediating the acquired land 
 or property; 

    (4) paying the costs associated with remediating lands or 
 property which are polluted or contaminated with hazardous 
 substances; or 

    (5) paying for the costs associated with improving the 
 property for economic development, recreational, housing, 
 transportation or rail traffic. 

    Subd. 3.    Matching funds.  In expending funds under 
 this section the county shall seek matching funds from 
 contamination cleanup funds administered by the commissioners of 
 the department of trade and economic development, the 
 metropolitan council, the federal government, the private sector 
 and any other source. 

    Subd. 4.    City approval.  The county may not expend 
 funds under this section unless the governing body of the city 
 in which the site is located approves the project. 

    Subd. 5.    Bonds.  The county may pledge the proceeds 
 from the taxes imposed by section 383B.80 to bonds issued under 
 this chapter and chapters 398A, 462, 469, and 475. 

    Subd. 6.    Priorities.  The first priority for the use 
 of the the environmental response fund created in this section 
 is to clean up the site located in the city of St. Louis Park 
 known as NL Industries/Tara Corporation/Golden Auto, EPA I.D. No.
 MND097891634 and to provide adequate right-of-way for a portion 
 of the rail line to replace the 29th street line in the city of 
 Minneapolis, including making rail improvements, changing the 
 curve of the railroad track and eliminating a switching 
 facility, and improving the land for economic development.  No 
 money from the environmental response fund may be expended for 
 remediating the site until the site has been acquired through 
 purchase or condemnation. 

    Subd. 7.    Land sales.  Land or property acquired under 
 this section may be resold at fair market value.  Proceeds from 
 the sale of the land must be deposited in the environmental 
 response fund. 

    Subd. 8.    DOT assistance.  With respect to the site 
 described in subdivision 6, the commissioner of transportation 
 shall collaborate with the county and any affected municipality 
 by providing technical assistance and support in facilitating 
 the railroad improvement and testing at that portion of the site 
 to be used for the railroad improvement. 

    HIST: 1997 c 231 art 16 s 16 

     383B.99 Laws not applicable. 

    Minnesota Statutes, chapters 375A; 383; and 392; Minnesota 
 Statutes, sections 163.05; 375.16; 375.161; 375.21; 375.48 to 
 375.50; and Laws 1921, chapter 133, section 22, are not 
 applicable to the county of Hennepin. 

    HIST: 1979 c 198 art 4 s 13