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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 383B. HENNEPIN COUNTY

Table of Sections
SectionHeadnote

COUNTY BOARD

383B.021COMPENSATION.

COUNTY OFFICERS

383B.025COUNTY BOARD APPOINTS AUDITOR, TREASURER, RECORDER.

ELECTIONS

383B.031BOARD VACANCIES: MORE OR NOT MORE THAN SIX MONTHS OUT.
383B.035COUNTY TO PAY CITY, TOWN SPECIAL ELECTION EXPENSES.
383B.041CAMPAIGN FINANCING, DISCLOSURE OF ECONOMIC INTERESTS.
383B.042DEFINITIONS.
383B.043POLITICAL COMMITTEES; COUNTY AND CERTAIN OTHER ELECTIONS.
383B.044POLITICAL FUNDS.
383B.045PRINCIPAL CAMPAIGN COMMITTEE.
383B.046REGISTRATION OF POLITICAL COMMITTEES, POLITICAL FUNDS, AND PRINCIPAL CAMPAIGN COMMITTEES.
383B.047ACCOUNTS WHICH MUST BE KEPT.
383B.048CAMPAIGN REPORTS.
383B.049EXPENDITURES BY INDIVIDUALS.
383B.05ADDITIONAL INFORMATION TO BE DISCLOSED.
383B.051CIRCUMVENTION PROHIBITED.
383B.052ECONOMIC REPRISALS PROHIBITED.
383B.053ECONOMIC INTEREST DISCLOSURE.
383B.054REPORTS AND STATEMENTS; REQUIREMENTS.
383B.055DUTIES OF CAMPAIGN FINANCE BOARD; FILING OFFICERS.
383B.056PENALTIES.
383B.057PROSECUTION OF VIOLATIONS.
383B.058LOCAL ORDINANCES AND CHARTERS SUPERSEDED.
383B.061LEGISLATIVE RESEARCH COMMITTEE.
383B.063FORT SNELLING PRECINCT.

COUNTY ADMINISTRATOR

383B.101COUNTY ADMINISTRATOR'S OFFICE; ESTABLISHMENT.
383B.102POWERS AND DUTIES.
383B.103COMPENSATION; REMOVAL.

FINANCIAL PROCEDURES

383B.111BUDGET AND FINANCIAL ADMINISTRATION.
383B.112ANNUAL BUDGET.
383B.113LONG-RANGE CAPITAL PROGRAM.
383B.114APPROPRIATIONS AND TAX LEVY.
383B.115AMENDMENTS.
383B.116PAYMENT PROCEDURES AND ACCOUNTING.
383B.1161ELECTRONIC APPROVALS.
383B.1162CREDIT CARDS.
383B.117CERTIFICATES OF INDEBTEDNESS.
383B.118FEES.
383B.119FINANCIAL STATEMENTS AND AUDITS.

CORRECTIONS

383B.121ADULT CORRECTIONS FACILITY.
383B.122SUPERINTENDENT.
383B.123RULES.
383B.124WORK RELEASE PROGRAM.
383B.125BOARD MAY RUN FACTORY WITH INMATES AND STAFF.
383B.126BOARD MAY LEASE SPACE OUT TO RUN FACTORY.
383B.127DIMINUTION OF SENTENCE.
383B.128PLACE OF CRIME MUST PAY WORKHOUSE INMATE DAILY EXPENSE.
383B.129INMATES FROM OTHER JURISDICTIONS.

CENTRAL PURCHASING

383B.141AUTHORIZATION.
383B.142PROCEDURE.
383B.143CONTRACTS FOR PURCHASES.
383B.144PREQUALIFICATION.
383B.145COMPETITIVE BIDDING.
383B.146PURCHASES CONSISTENT WITH LAW.
383B.147VENDOR DISCOUNTS.
383B.148RULES AND REGULATIONS.
383B.149PURCHASES OR CONTRACTS FORBIDDEN.
383B.15BONDS.
383B.151FINANCIAL INTEREST FORBIDDEN.
383B.152BUILDING AND MAINTENANCE FUND.
383B.153CONTINGENT ACCOUNT.
383B.155SELF-INSURANCE.
383B.157Repealed, 1979 c 55 s 3

DESIGN-BUILD CONTRACTS

383B.158DESIGN-BUILD CONTRACTS.
383B.1581DESIGN-BUILD PROCESS.
383B.1582RFP FOR DESIGN-BUILD.
383B.1583REPLACING TEAM MEMBERS.
383B.1584DESIGN-BUILD AWARD.
383B.1585STIPULATED FEE.
383B.1586Repealed, 2007 c 70 s 7

COUNTY AS LESSEE

383B.159REAL PROPERTY LEASES.

PARKING FACILITIES

383B.20PARKING FACILITIES.

TAX LISTS, SPECIAL ASSESSMENTS

383B.203CERTIFICATION OF TAX LISTS.
383B.205SPECIAL ASSESSMENTS; CERTIFICATION FEE.
383B.207SPECIAL ASSESSMENTS; COMPUTATION OF INTEREST.

HEALTH

383B.211AUTHORIZATION.
383B.213POWERS AND DUTIES.
383B.215ADDITIONAL AUTHORITY.
383B.217MEDICAL CENTER AND HMO.
383B.218BONDING AUTHORITY; HENNEPIN COUNTY MEDICAL BUILDING.
383B.219AMBULATORY HEALTH CENTERS AND CLINICS.
383B.221EMERGENCY MEDICAL SERVICE.
383B.223FOOD SERVICE.
383B.225Repealed, 2006 c 260 art 8 s 21
383B.227Repealed, 1996 c 310 s 1
383B.229EXISTING HEALTH SERVICE PROGRAMS NOT AFFECTED.
383B.233Repealed, 1996 c 310 s 1
383B.23580 PERCENT OF COUNCIL MUST OK MINNEAPOLIS WASTEBURNER.

LIBRARY

383B.237383B.237 LIBRARY SYSTEM.
383B.239383B.239 BOARD.
383B.241DIRECTOR.
383B.243PER DIEMS.
383B.245383B.245 LIBRARY LEVY.
383B.247383B.247 MERGER.
383B.251LICENSE BUREAU.
383B.255PUBLIC SAFETY COMMUNICATIONS.
383B.257COUNTY MAY RUN CENTRAL MOBILE EQUIPMENT DIVISION.
383B.259PISTOL RANGE.

PERSONNEL

383B.26HUMAN RESOURCES SYSTEM; PURPOSE.
383B.27DEFINITIONS FOR HUMAN RESOURCES BOARD AND DEPARTMENT.
383B.28HUMAN RESOURCES BOARD.
383B.29DUTIES OF HUMAN RESOURCES BOARD.
383B.30DIRECTOR; SELECTION.
383B.31DUTIES OF HUMAN RESOURCES DIRECTOR.
383B.32UNCLASSIFIED AND CLASSIFIED SERVICE.
383B.33TENURE.
383B.34CLASSIFICATION OF EMPLOYEES.
383B.35Repealed, 2000 c 416 s 11
383B.36PARTY TO LITIGATION.
383B.37INTERFERENCE WITH EXAM, APPLICANTS; POLITICAL ACTIVITY.
383B.38REMOVALS, SUSPENSIONS, AND DEMOTIONS.
383B.389DISASTER VOLUNTEER LEAVE.
383B.39VETERANS TO BE GIVEN PREFERENTIAL RATING.
383B.40Repealed, 1994 c 596 s 13
383B.41DISCRIMINATION.
383B.42APPROPRIATION OF FUNDS.
383B.45COUNTY BOARD TO FIX TIME, MANNER TO PAY SALARIES.
383B.453BOND OF COUNTY RECORDER DEPUTY.
383B.455LEGAL OFFICERS' SALARIES.
383B.457OFFICERS' SALARIES.

RETIREMENT

383B.46SUPPLEMENTAL RETIREMENT ACCOUNT.
383B.47RETIREMENT MONEY FOR STATE SUPPLEMENTAL FUND SHARES.
383B.48BUYING STATE SUPPLEMENTAL INVESTMENT FUND SHARES.
383B.49SUPPLEMENTAL RETIREMENT BENEFITS; REDEMPTION OF SHARES.
383B.491MINNESOTA STATE RETIREMENT SYSTEM BILLING AUTHORITY.
383B.493WITHDRAWAL FROM PARTICIPATION.
383B.50PROSPECTUS.
383B.51NO ASSIGNMENT OR GARNISHMENT.
383B.52ADMINISTRATION COSTS.
383B.56BOARD MAY REGULATE PUBLIC, PRIVATE AMBULANCES.
383B.562GOVERNMENT CENTER; LIQUOR.
383B.565PLATS AND SURVEYS; APPROVAL.

HIGHWAYS

383B.60SPECIAL PERMITS; SEASONAL CONTRACTOR'S PERMIT; FEES.
383B.603BOARD MAY FILE COUNTY HIGHWAY MAPS FOR RECORD.
383B.606SEASONAL LOAD LIMITS.
383B.608LOCAL ROAD AID.

PROBATION DEPARTMENT

383B.611PROBATION AND INVESTIGATION DEPARTMENT, CREATION.
383B.612DIRECTOR OF COURT SERVICES; OTHER EMPLOYEES.
383B.613DUTIES OF DEPARTMENT.
383B.614SPACE, SUPPLIES, EXPENSES, OFFICER'S POWERS, BOND; RECORDS.

PUBLIC DEFENDER

383B.63PUBLIC DEFENDER FOR CRIMES, MISDEMEANORS, ORDINANCES.

COURTS; BLOOMINGTON

383B.65CONTRACTS, LEASES WITH BLOOMINGTON FOR COURT SPACE.

SUBURBAN HENNEPIN REGIONAL PARK DISTRICT

383B.68SEVEN HENNEPIN REGIONAL PARK DISTRICT COMMISSIONERS.
383B.69Repealed, 1996 c 310 s 1
383B.70COMPENSATION OF COMMISSIONERS.
383B.702DEPOSITORIES.
383B.703DISTRICT RENAMING.
383B.71TRAIL SYSTEM.
383B.72LAND ACQUISITION; TOWN CONSENT.
383B.73PARK DISTRICT TAX LEVY.
383B.74Repealed, 2001 c 44 s 5

BUILDING COMMISSION

383B.75MUNICIPAL BUILDING COMMISSION.
383B.751CARE AND CONTROL OF BUILDING.
383B.752EXPENSES; WARRANTS.
383B.753EXCLUSIVE CONTROL.
383B.754BUDGET DATE.

HOUSING AND REDEVELOPMENT AUTHORITY

383B.77HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY.

BATHING BEACHES

383B.78BATHING BEACHES.

MULTIJURISDICTIONAL PROGRAM

383B.79MULTIJURISDICTIONAL PROGRAM.

DEED AND MORTGAGE TAX

383B.80HENNEPIN COUNTY DEED AND MORTGAGE TAX.

ENVIRONMENTAL RESPONSE FUND

383B.81ENVIRONMENTAL RESPONSE FUND.

HENNEPIN HEALTH CARE SYSTEM

383B.901CREATION OF A COUNTY SUBSIDIARY CORPORATION.
383B.902DEFINITIONS.
383B.903BOARD.
383B.904OFFICERS.
383B.905AUTHORITY AND DUTIES OF OFFICERS AND DIRECTORS; UNPAID OFFICERS AND DIRECTORS LIABILITY FOR DAMAGES.
383B.906BYLAWS.
383B.907CORPORATE POWERS.
383B.908LIMITATIONS UPON CORPORATE POWERS; RESERVED POWERS.
383B.909CORPORATE SEAL.
383B.910BOARD MEETINGS.
383B.911PUBLIC DEPOSITORY.
383B.912TRANSFER OF RIGHTS.
383B.913LEASE OR TRANSFER OF ASSETS.
383B.914STATUS OF PRESENT EMPLOYEES; BARGAINING UNITS; RETIREMENT COVERAGE.
383B.915BONDING AUTHORITY OF CORPORATION.
383B.916FINANCING THROUGH COUNTY.
383B.917OPEN MEETING LAW; GOVERNMENT DATA PRACTICES ACT.
383B.918HEALTH SERVICES PLAN.
383B.919TORT LIABILITY.
383B.920REVENUE RECAPTURE ACT.
383B.921PURCHASING.
383B.922LEGAL COUNSEL.
383B.923SELF-INSURANCE.
383B.924HOSPITAL AUTHORITIES.
383B.925TAX-EXEMPT STATUS.
383B.926PREPAID HEALTH PLAN.
383B.927INTERGOVERNMENTAL TRANSFERS.
383B.928INDIGENT CARE.

INAPPLICABLE LAWS

383B.99LAWS NOT APPLICABLE.

COUNTY BOARD

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.
History: 1982 c 577 s 14; 1985 c 66 s 1

COUNTY OFFICERS

383B.025 COUNTY BOARD APPOINTS AUDITOR, TREASURER, RECORDER.
    Subdivision 1. Board may abolish under subdivision 2. 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. Heads are unclassified; statutory duties remain. 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.
History: 1967 c 599 s 1,2; 1976 c 181 s 2; 1979 c 198 art 4 s 14

ELECTIONS

383B.031 BOARD VACANCIES: MORE OR NOT MORE THAN SIX MONTHS OUT.
    Subdivision 1. More than six months; special election. 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. Minnesota Statutes controls; affidavit of candidacy. 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. Not more than six months; general election. 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. Elected for unexpired term. 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.
History: 1967 c 719 s 1-4; 1986 c 444; 1987 c 384 art 2 s 1
383B.035 COUNTY TO PAY CITY, TOWN SPECIAL ELECTION EXPENSES.
    Subdivision 1. County board must adopt resolution. 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. Unless local same-day election. 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.
History: 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.
History: 1980 c 362 s 1; 1987 c 218 s 2; 1988 c 578 art 1 s 5
383B.042 DEFINITIONS.
    Subdivision 1. For county campaign finance provisions. 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. "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. "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. "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. "Candidate" means an individual, not within the definition of candidate
of section 10A.01, subdivision 10, 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. "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. "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. "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. "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. "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. "Filing officer" means the official responsible under law for
administration of the election laws for Hennepin county.
    Subd. 12. Loan. "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. "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 for a city ballot issue or for any city office in the city of Bloomington; for a city or school
district ballot issue and for any city or school district office in the city of Minneapolis, and in
Special School District No. 1, Minneapolis; or for any countywide ballot issue or county office in
Hennepin County; and not to influence the outcome of any other election.
    Subd. 14. Political fund. "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 for a city ballot issue or
for any city office in the city of Bloomington; for a city or school district ballot issue and for any
city or school district office in the city of Minneapolis, and in Special School District No. 1,
Minneapolis; or for any countywide ballot issue or county office in Hennepin County; and not for
the purpose of influencing the outcome of any other election.
    Subd. 15. Population. "Population" means population as determined by the most recent
federal census.
    Subd. 16. Principal campaign committee. "Principal campaign committee" means the
single political committee designated by a candidate for election for any city office in the city
of Bloomington; for any city office in the city of Minneapolis; for any school district office in
Special School District No. 1, Minneapolis; or for any county office in Hennepin County.
    Subd. 17. Transfer of funds. "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.
History: 1980 c 362 s 2; 1986 c 444; 1987 c 218 s 3,4; 1999 c 220 s 50; 2005 c 11 s 1-3
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.
History: 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.
History: 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.
History: 1980 c 362 s 5; 1986 c 444
383B.046 REGISTRATION OF POLITICAL COMMITTEES, POLITICAL FUNDS, AND
PRINCIPAL CAMPAIGN COMMITTEES.
    Subdivision 1. Filing office; deadline. Every political committee, political fund and
principal campaign committee as defined in section 383B.042, subdivisions 13, 14, and 16, 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. A political committee, political
fund, or principal campaign committee that is registered with the Campaign Finance and Public
Disclosure Board under section 10A.14 need not register under this section.
    Subd. 2. Statement required. A political committee, political fund, or principal campaign
committee registers by filing a statement of organization that includes:
(a) the name and address of the political committee, political fund, or principal campaign
committee;
(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.
History: 1980 c 362 s 6; 1986 c 444; 2005 c 11 s 4
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:
(1) the sum of all contributions made to the political committee, political fund, or principal
campaign committee;
(2) the name and address of each source of a transfer or donation in kind, together with
the date and amount;
(3) each expenditure made by or on behalf of the committee or fund together with the date
and amount; and
(4) the name and address of each political committee, political fund, or principal campaign
committee to which transfers 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
made by or on behalf of the political committee, political fund, or principal campaign committee.
History: 1980 c 362 s 7; 2005 c 11 s 5
383B.048 CAMPAIGN REPORTS.
    Subdivision 1. Committees required to report; deadlines. (a) The treasurer of any political
committee, political fund, or principal campaign committee required to register pursuant to
section 383B.046 shall 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 one
week before a regular primary and a regular election. Political committees and political funds
shall file campaign reports one week before a regular primary or regular election.
(b) The treasurer of a principal campaign committee shall file reports one week before a
special primary or other special election and 30 days after a special election.
(c) The reports shall cover the period from the day after the end of the previous reporting
period to one week before the filing date.
(d) A campaign report shall be filed by all treasurers on January 31 of each year covering
the period from the day after the end 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:
(1) the amount of liquid assets on hand at the beginning of the reporting period;
(2) 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,
political fund, or principal campaign committee in an aggregate amount or value in excess of
$100, together with the amount and date;
(3) the sum of all contributions made to the political committee, political fund, or principal
campaign committee;
(4) each loan made or received by the political committee, political fund, or principal
campaign committee 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, political fund, or principal
campaign committee which is forgiven or is repaid by an entity other than that political committee
or fund shall be reported as a contribution;
(5) the sum of all receipts, including all contributions and loans, during the reporting period;
(6) the name and address of each person to whom aggregate expenditures have been made by
or on behalf of the political committee, political fund, or principal campaign committee 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;
(7) the sum of all expenditures made by the political committee, political fund, or principal
campaign committee;
(8) the amount and nature of any advance of credit incurred by the political committee,
political fund, or principal campaign committee continuously reported until paid or forgiven.
An advance of credit incurred by a political committee, political fund, or principal campaign
committee which is forgiven or is paid by an entity other than that political committee, political
fund, or principal campaign committee shall be reported as a donation in kind;
(9) the name and address of each political committee, political fund, or principal campaign
committee to which aggregate transfers in excess of $100 have been made within the year,
together with the amount and date of each transfer;
(10) the sum of all transfers made to political committees, political funds, or principal
campaign committees; and
(11) the sum of all disbursements not made to influence the outcome of an election.
    Subd. 3. Party sample ballots. 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) A political committee, political fund, or principal
campaign committee created pursuant to section 383B.046 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.
(b) Political committees and political funds that were created for purposes of supporting or
opposing candidates or ballot issues beyond the scope of those identified in section 383B.042,
subdivision 5
, 13, or 14, may terminate their registration with Hennepin County. Termination of a
registration under this provision does not require termination of the political committee or political
fund and does not require settlement of all debts and disposition of all assets in excess of $100.
History: 1980 c 362 s 8; 1986 c 475 s 21; 1987 c 214 s 10; 2005 c 11 s 6
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, political fund, or principal campaign committee
as contributions to that political committee, political fund, or principal campaign committee, 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, political fund, or agent of a candidate, political committee,
or political fund, 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.
History: 1980 c 362 s 9; 2005 c 11 s 7
383B.05 ADDITIONAL INFORMATION TO BE DISCLOSED.
    Subdivision 1. Earmarked contributions. Any individual, political committee, political
fund, or principal campaign committee 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, political
fund, or principal campaign committee through which it was directed. Any individual, political
committee, political fund, or principal campaign committee 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, political fund, or principal campaign committee 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.
History: 1980 c 362 s 10; 2005 c 11 s 8
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.
History: 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.
History: 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. 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:
(1) the individual's name, address, occupation and principal place of business;
(2) the name of each business with which the individual is associated and the nature of
that association;
(3) 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;
(4) 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
(5) 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 (3) or (4) 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.
History: 1980 c 362 s 13; 1986 c 444; 1987 c 218 s 5; 1990 c 608 art 2 s 5; 2005 c 11 s 9
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. Transmittal, retention, public inspection. 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. Record keeping. 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 Fourth
Judicial District 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. Report by subordinate. (a) 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.
(b) 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.
(c) The filing officer shall also immediately send a copy of the report to the Campaign
Finance and Public Disclosure Board.
(d) A violation of this subdivision is a misdemeanor.
History: 1980 c 362 s 14; 1986 c 444; 1997 c 202 art 2 s 63; 1998 c 254 art 2 s 39
383B.055 DUTIES OF CAMPAIGN FINANCE BOARD; FILING OFFICERS.
    Subdivision 1. Board: advisory opinions, disclosure exemptions. 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. Filing officer: develop, distribute needed forms. 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. Candidacy filing officer: forms to candidates; penalty. 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.
History: 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.
History: 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 Fourth Judicial
District Court. A violation by a county official or candidate shall be prosecuted by the attorney
general in the district court of Ramsey County.
History: 1980 c 362 s 17; 1998 c 254 art 2 s 40
383B.058 LOCAL ORDINANCES AND CHARTERS SUPERSEDED.
(a) 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.
(b) 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:
(1) impose limits on the amount that any individual or association may contribute to any
candidate for elected office in that jurisdiction;
(2) require disclosure of economic interests in addition to those required to be disclosed
under section 383B.053; or
(3) require other public officials of that jurisdiction to make such disclosure.
(c) 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.
History: 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.
History: 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.
History: 1963 c 477 s 1,2

COUNTY ADMINISTRATOR

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.
History: 1979 c 198 art 1 s 1
383B.102 POWERS AND DUTIES.
(a) 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.
(b) 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.
(c) The administrator's powers and duties shall include, but are not limited to, the following:
(1) 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;
(2) 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;
(3) appoint, suspend and remove, with approval of the board, all personnel in the unclassified
service who directly report to the administrator;
(4) provide for county purchases, including purchases of service, as directed by the county
board;
(5) 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;
(6) 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;
(7) 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;
(8) 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;
(9) 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
(10) attend meetings of the board and make recommendations.
(d) The administrator may, with approval of the board, appoint and designate persons to carry
out those duties, functions, and responsibilities referred to in paragraph (c), clause (5).
History: 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.
History: 1979 c 198 art 1 s 3

FINANCIAL PROCEDURES

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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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 methods. Payments of claims and obligations of the county may be made
by warrant, check, or all forms of electronic or wire funds transfer. Section 471.38 does not apply
to any claim for which payment is made by electronic or wire funds transfer. Where the county is
authorized by law to make investments, the county may 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.
    Subd. 6. May take credit, debit card or funds transfer. The county may accept payment
by use of a credit card, debit card, or all forms of electronic or wire funds transfer. Subject to
any other law to the contrary, the county may add to the amount due a service charge for the
acceptance of a payment method authorized in this subdivision. The county shall adopt policies
and procedures regarding the payments.
History: 1979 c 198 art 2 s 6; 2000 c 475 s 1,2
383B.1161 ELECTRONIC APPROVALS.
"Electronic approval" means any electronic identifier intended by the person making,
executing, or adopting it to authenticate and validate a county administrative action.
Notwithstanding any other general or special law to the contrary, the county may use electronic
approvals. The electronic approval has the same validity and consequences as the actual signing
by the person. The county shall establish policies and procedures to ensure the validity of
electronic approvals.
History: 2000 c 475 s 3
383B.1162 CREDIT CARDS.
The county may allow officials, officers, and employees of the county to incur charges for
county purposes by use of county credit cards. The county shall adopt policies and procedures
regarding such credit card usage to establish individual accountability.
History: 2000 c 475 s 4
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. For purposes of this
subdivision, the term "medical equipment" includes computer hardware and software and other
intellectual property for use in medical diagnosis, medical procedures, research, record keeping,
billing, and other hospital applications, together with application development services and
training related to the use of the computer hardware and software and other intellectual property,
all without regard to their useful life. For purposes of determining the amount of capital notes
which the county may issue in any year, the budget of the county and Hennepin Healthcare
System, Inc. shall be combined and the notes issuable under this subdivision shall be in addition
to obligations issuable under section 373.01, subdivision 3.
    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.
History: 1979 c 198 art 2 s 7; 1982 c 577 s 12,13; 2005 c 125 art 2 s 6

NOTE: The amendment to subdivision 2 by Laws 2005, chapter 125, article 2, section
6, is effective the day after the Hennepin County Board files a certificate of local approval in
compliance with section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34; and Laws 2005, chapter
125, article 2, section 10.
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.
History: 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.
History: 1979 c 198 art 2 s 9; 1991 c 345 art 1 s 91; 1992 c 363 art 1 s 16

CORRECTIONS

383B.121 ADULT CORRECTIONS FACILITY.
    Subdivision 1. Authority to establish. 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
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.
History: 1979 c 198 art 3 s 1-3; 1998 c 254 art 2 s 41
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.
History: 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.
History: 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."
History: 1979 c 198 art 3 s 7
383B.125 BOARD MAY RUN FACTORY WITH INMATES AND STAFF.
    Subdivision 1. At corrections facility. 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. Must set procedures for sales, price, service charge. 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. Wages set by superintendent; how. 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.
History: 1979 c 198 art 3 s 8; 1986 c 444
383B.126 BOARD MAY LEASE SPACE OUT TO RUN FACTORY.
    Subdivision 1. Written contract; fiscal interests of county. 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. Duties of operator; indemnify county. 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. Superintendent's authority undiminished. The authority of the superintendent
over the corrections facility and its inmates shall not be diminished by this section.
    Subd. 4. Rents, costs to be in best interest of county. 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.
History: 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.
History: 1979 c 198 art 3 s 10
383B.128 PLACE OF CRIME MUST PAY WORKHOUSE INMATE DAILY EXPENSE.
    Subdivision 1. Includes building overhead; monthly bills. 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. Cost-sharing for concurrent sentences. 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. Nonliability for city of Plymouth. 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. Inmate per diem contribution. 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.
History: 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 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.
History: 1979 c 198 art 3 s 12; 1998 c 254 art 2 s 42

CENTRAL PURCHASING

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.
History: 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.
History: 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.
    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.
History: 1979 c 198 art 4 s 3; 1998 c 259 s 1
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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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, except
as authorized under section 10A.071, subdivision 3, or 471.895, subdivision 3. Any violation
of the provisions of this section shall be a gross misdemeanor.
History: 1979 c 198 art 4 s 11; 2005 c 156 art 6 s 64
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.
History: 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.
History: 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.
History: 1979 c 55 s 1,2; 1982 c 577 s 11
383B.157 [Repealed, 1979 c 55 s 3]

DESIGN-BUILD CONTRACTS

383B.158 DESIGN-BUILD CONTRACTS.
    Subdivision 1. Definitions. (a) In sections 383B.158 to 383B.1585, the definitions in this
subdivision apply.
(b) "Best value" describes a result intended in acquiring design-build services. Best value
determination must include price and must measure a responder's qualifications, experience, prior
performance, and responses to technical and qualitative criteria.
(c) "County board" means the Hennepin County Board of Commissioners.
(d) "Design-build selection panel" means the individuals appointed by the county to advise
the county administrator and county board in preparing and conducting the design-build selection
process. At least three members of the committee must be individuals who are not county
employees, a minimum of two members must be professionally licensed under chapter 326, and at
least one must be or must have been a commercial contractor. No committee member shall have
personal financial interest in the project or with any of the design-build proposals.
(e) "Design-build contract" means a single contract between the county and a design-builder
to furnish the architectural, engineering, and related design services as well as the labor, materials,
supplies, equipment, and construction services for a project.
(f) "Design-build firm" means a proprietorship, partnership, limited liability partnership,
joint venture, corporation, or any type of limited liability company, professional corporation, or
any legal entity.
(g) "Design-builder" means the design-build firm that proposes to design and build a project
governed by the procedures of this section.
(h) "Design professional" means a person who holds or employs individuals who hold a
license under chapter 326 and who is required to be registered under Minnesota law.
(i) "Primary designer" means the designer who is to have primary design responsibility for a
project, and does not include designers who are merely consulted by the county and do not have
substantial design responsibility, or designers who will or may be employed or consulted by
the primary designer.
(j) "Project" means an undertaking for the county to design, construct, erect, or remodel
a building or facility, or to design, construct, or reconstruct a county road, bridge, or other
infrastructure relating to a county roadway.
(k) "Proposal" means an offer by a design-builder to enter into a design-build contract for a
project in response to a request for proposals, including a phase-one or phase-two proposal.
(l) "Request for proposals" or "RFP" means the document or publication through which the
county solicits proposals from prequalified design-builders to design and construct a design-build
project.
(m) "Request for qualifications" or "RFQ" means a document to prequalify and short-list
potential design-builders for a project.
    Subd. 2. Authority. Notwithstanding section 471.345 or any other law to the contrary, the
county board may solicit and award a design-build contract for a project on the basis of a best
value selection process as provided in this section.
    Subd. 3. Restriction. (a) The number of design-build contracts awarded by the county board
must not be more than ten percent of its total projects in any fiscal year.
    (b) The board may not enter into a design-build contract under this section unless the county
has as employees at least one of each of the following, each of whom must be licensed and
registered under state law: an architect, a mechanical engineer, and a civil engineer. In addition,
the county must employ a full-time project manager with at least five years of construction
management experience.
    Subd. 4. Procedures. (a) The county board shall, by resolution, adopt implementation
procedures consistent with this section for the award of design-build contracts.
(b) The implementation procedures must, at a minimum, govern:
(1) the establishment of a design-build selection panel appointed by the county to advise the
county administrator and the county board in preparing and conducting the design-build selection
process, including a recommendation for the selection of a design-build proposal it considers to
be of best value to the public;
(2) preparing requests for proposals, including procedures for determining the appropriate
content for each request for proposal;
(3) standards to be used to qualify or prequalify design-builders;
(4) preparing and submitting proposals;
(5) establishing procedures for evaluating proposals in as objective a manner as possible;
(6) establishing safeguards during the procurement process to preserve confidential
information and proprietary information supplied by those submitting proposals in accordance
with chapter 13, including, but not limited to, an offeror's price, technical solutions, innovative or
unique technology, and innovative or unique use of commercially available items; and
(7) awarding and executing design-build contracts.
    Subd. 5. Licensing requirements. (a) A design-builder must be licensed and registered to
provide the services required to complete the project and do business in this state.
(b) A design-builder may enter into a contract with the county to provide professional or
construction services that the design-builder is not licensed, registered, or qualified to perform, so
long as the design-builder provides the services through subcontracts with licensed, registered,
or otherwise qualified persons in accordance with this section.
(c) This section does not intend to limit or eliminate the responsibility or liability owed by a
professional on a design-build project to the county or other parties under other law.
History: 2002 c 393 s 57; 2007 c 70 s 1-3

NOTE: See section 383B.1586 for expiration date.
383B.1581 DESIGN-BUILD PROCESS.
    Subdivision 1. Two-phase procedure. If the county board determines that the design-build
best value method of project delivery is appropriate for a project, the county board shall establish
a two-phase procedure for awarding the design-build contract.
    Subd. 2. Contents. The county, after considering recommendations from the design-build
selection panel, shall prepare or have prepared an RFQ. The RFQ must include the following:
(1) the minimum qualifications of design-builders necessary to meet the requirements for
acceptance;
(2) a scope of work statement and schedule;
(3) documents defining the project requirements;
(4) the form of contract to be awarded;
(5) the weighted selection criteria for compiling a short list and the number of firms to be
included in the short list, which must be at least three but not more than five;
(6) a description of the request for proposals (RFP) requirements;
(7) the maximum time allowed for design and construction;
(8) the county board's estimated cost range of design and construction;
(9) requirements for construction experience, design experience, financial, personnel, and
equipment resources available from potential design-builders for the project and experience in
other design-build projects or similar projects, provided that these requirements may not unduly
restrict competition; and
(10) the requirement that the primary designer be designated in the response to the RFQ; and
(11) a statement that "past performance" or "experience" does not include the exercise or
assertion of a person's legal rights.
    Subd. 3. Evaluation. (a) The county shall solicit and evaluate proposals and select a
design-builder in two phases.
(b) In phase one, the county board, after considering the recommendations from the
design-build selection panel, shall adopt a short list of at least three but no more than five of the
most highly qualified firms in accordance with qualifications criteria described in the RFQ. Prior
to adoption of the short list, the designer selection committee or the county board may require
clarification from the design-builders to ensure conformance of proposals to the RFQ. The county
must not consider cost-related or price-related evaluation factors in phase one.
(c) In phase two, the design-build selection panel and the county shall use the evaluation
criteria in the RFP to determine the design-build proposal to be the most advantageous and
the best value to the public. Prior to award of a contract, the design-build selection panel and,
if necessary, the county board may require clarification from the design-builders to ensure
conformance of proposals to the RFP.
History: 2002 c 393 s 58; 2007 c 70 s 4,5

NOTE: See section 383B.1586 for expiration date.
383B.1582 RFP FOR DESIGN-BUILD.
During phase two, the county shall issue an RFP to the design-builders on the short list.
The request must include:
(1) the scope of work, including (i) performance and technical requirements, (ii) conceptual
design, (iii) minimum specifications, and (iv) functional and operational elements for the delivery
of the completed project, which must be prepared by a design professional qualified to prepare
the necessary documents;
(2) a description of the qualifications required of the design-builder;
(3) a description of the selection criteria, including the weighting of each criterion;
(4) copies of the contract documents that the successful proposer will be expected to sign;
(5) the maximum time allowable for design and construction;
(6) the county's estimated range of cost for design and construction;
(7) the requirement that a submitted proposal be segmented into two parts, a technical
proposal and a price proposal;
(8) the requirement that each proposal be in a separately sealed, clearly identified package
and include the date and time of the submittal deadline;
(9) the requirement that the technical proposal include a critical path method, bar schedule of
the work to be performed, or similar schematic; design plans and specifications; technical reports;
calculations; permit requirements; applicable development fees; and other data requested in
the RFP;
(10) the requirement that the price proposal contain all design, construction, engineering,
inspection, and construction-related costs, and all other costs of any kind of the proposed project;
(11) the date, time, and location of the public opening of the sealed price proposals;
(12) a statement that "past performance" or "experience" does not include the exercise or
assertion of a person's legal rights; and
(13) other information relevant to the project.
History: 2002 c 393 s 59

NOTE: See section 383B.1586 for expiration date.
383B.1583 REPLACING TEAM MEMBERS.
An individual or a design-build firm identified in a response to an RFQ or RFP may not be
replaced without the written approval of the county board. The county board may revoke an
awarded contract if an individual or a design-build firm identified in a response to an RFQ or RFP
is replaced without the county board's written approval. To qualify for the approval, the written
request must document that the proposed replacement individual or design-build firm will be
equal to or better than that described in the response to the RFQ or RFP. The county board shall
use the criteria specified in the RFQ or RFP to evaluate the request.
History: 2002 c 393 s 60

NOTE: See section 383B.1586 for expiration date.
383B.1584 DESIGN-BUILD AWARD.
The county board, after considering the recommendations of the design-build selection
panel, shall award the design-build contract to the proposer with the highest scored proposal
based on the evaluation criteria in the RFP. The rationale for the selection of the proposal must be
stated at the time of the contract award. The county board may reject any or all proposals, but
must not do so to evade the other provisions and policies of this section. If the county board
rejects all proposals, it may then solicit new proposals after making appropriate modifications
to performance criteria, budget constraints, or qualifications.
History: 2002 c 393 s 61; 2007 c 70 s 6

NOTE: See section 383B.1586 for expiration date.
383B.1585 STIPULATED FEE.
The county board, depending on the project's complexity and scope and at the board's
discretion for each project, may determine that a stipulated fee be paid to each short-listed
responsible proposer who provides a responsive but unsuccessful proposal. If a stipulated fee
is to be paid, it must be clearly identified in the RFQ or RFP. If the county board does not
award a contract, all short-listed proposers must receive the stipulated fee. If the county board
cancels the contract before reviewing the technical proposals, the county board shall award each
design-builder on the short list a stipulated minimum fee as set out in the RFP. The county board
shall pay the stipulated fee to each proposer within 90 days after the award of the contract or
the decision not to award a contract. In consideration for paying the stipulated fee, the county
board may use any ideas or information contained in the proposals in connection with any
contract awarded for the project or in connection with a subsequent procurement, without any
obligation to pay any additional compensation to the unsuccessful proposers. Notwithstanding
the other provisions of this subdivision, an unsuccessful short-list proposer may elect to waive
the stipulated fee. If an unsuccessful short-list proposer elects to waive the stipulated fee, the
county may not use ideas and information contained in that proposer's proposal. Upon the request
of the county, a proposer who waived a stipulated fee may withdraw the waiver, in which case
the county board shall pay the stipulated fee to the proposer and thereafter may use ideas and
information in the proposer's proposal.
History: 2002 c 393 s 62

NOTE: See section 383B.1586 for expiration date.
383B.1586 [Repealed, 2007 c 70 s 7]

COUNTY AS LESSEE

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.
History: 1969 c 476 s 1; 1977 c 69 s 1; 1979 c 198 art 4 s 12; 2002 c 359 s 1

PARKING FACILITIES

383B.20 PARKING FACILITIES.
    Subdivision 1. Acquisition. The county of Hennepin 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. If the
off-street parking facilities are not acquired or bettered in conjunction with or primarily to serve
any of the public buildings which are under the control of the board of county commissioners for
county purposes, the off-street parking project must be approved by the city council of the city in
which the facilities are to be located. 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.[Repealed, 2002 c 359 s 3]
History: 1969 c 1037 s 1; 1983 c 224 s 1,2,4; 2002 c 359 s 2

TAX LISTS, SPECIAL ASSESSMENTS

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 ..... (being the same year the property was assessed
and the tax levied), to become payable in the year ...., has been placed in the electronic data
processing system for assessment and tax accounting procedures.
    Witness my hand and official seal this .............................. day of ............, .......
.....
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.
History: 1969 c 390 s 1; 1998 c 254 art 1 s 107
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.
History: 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.
History: 1953 c 75 s 1

HEALTH

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.
History: 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.
History: 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.
History: 1981 c 91 s 3
383B.217 MEDICAL CENTER AND HMO.
    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. Purchasing, contracting, meetings, data. (a) Contracting and purchasing made on
behalf of the HMO, ambulatory health center, or other clinics authorized under section 383B.219,
of goods, materials, supplies, equipment, and services that are incidental to or that are included as
part of a contract for the purchase of goods, materials, supplies, or equipment are specifically
exempted from sections 383B.141 to 383B.151 and 471.345 or other applicable laws related to
public procurement. Contracting and purchasing of services shall comply with sections 383B.141
to 383B.151 or other applicable laws related to public procurement.
(b) Notwithstanding chapter 13D, the county board on behalf of the HMO or Hennepin
Healthcare System, Inc., 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 HMO or Hennepin Healthcare System, Inc.
(c) The HMO or Hennepin Healthcare System, Inc., 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 HMO 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 HMO. The data are trade secret information for the
term of the contract or a two-year period, whichever is less.
(e) Notwithstanding section 471.345 or other applicable law, the county board on behalf of
the HMO, ambulatory health center, or other clinics authorized under section 383B.219, may
contract, except for services, by any means that the county board or at its direction the HMO,
ambulatory health center, or other clinics authorized under section 383B.219, may determine.
When contracting for services, the county board must comply with sections 383B.141 to 383B.151
and other applicable law, except that the board may contract with a private or public cooperative
purchasing organization if it can be established that the purchasing organization's services that are
purchased have been awarded through a competitive or request for proposal process.
(f) This subdivision applies to the HMO, Hennepin Healthcare System, Inc., 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.
History: 1981 c 91 s 4; 1987 c 144 s 3; 2002 c 302 s 1; 2003 c 98 s 1; 2005 c 125 art 2 s
7; 1Sp2005 c 7 s 31

NOTE: Subdivisions 1, 2, 3, 4, 5, 6, and 8 are repealed by Laws 2005, chapter 125, article 2,
section 9, effective the day after the Hennepin County Board files a certificate of local approval
in compliance with section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section
29, as amended by Laws 2005, First Special Session chapter 7, section 34; and Laws 2005,
chapter 125, article 2, section 10.
NOTE: The amendment to subdivision 7 by Laws 2005, chapter 125, article 2, section
7, is effective the day after the Hennepin County Board files a certificate of local approval in
compliance with section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34; and Laws 2005, chapter
125, article 2, section 10.
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 373.40.
History: 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.
History: 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.131, 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.
History: 1981 c 91 s 6; 1987 c 309 s 26; 1995 c 186 s 119; 1997 c 199 s 14; 1Sp2003
c 14 art 8 s 31
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.
History: 1981 c 91 s 7
383B.225 [Repealed, 2006 c 260 art 8 s 21]
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.
History: 1981 c 91 s 10; 1989 c 209 art 2 s 37
383B.233 [Repealed, 1996 c 310 s 1]
383B.235 80 PERCENT OF COUNCIL MUST OK MINNEAPOLIS WASTEBURNER.
    Subdivision 1. If for 1,000 tons a day. 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. One or two sites but not west riverbank. 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.
    Subd. 3. Existing facility may use its capacity. Notwithstanding subdivisions 1 and 2, an
existing resource recovery facility may reclaim, burn, use, process, or dispose of mixed municipal
solid waste to the full extent of its maximum yearly capacity as of January 1, 2000. The facility
must continue to comply with all federal and state environmental laws and regulations and must
obtain a conditional use permit from the municipality where the facility is located.
History: 1984 c 654 art 2 s 29; 2000 c 488 art 3 s 30

LIBRARY

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. 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.
History: 1981 c 48 s 1; 1987 c 384 art 2 s 86; 2007 c 121 art 2 s 2
NOTE:The amendment to this section by Laws 2007, chapter 121, article 2, section 2, is
effective the day after the transactional documents have been fully executed and certificates
of local approval have been filed by the Minneapolis Library Board, the city of Minneapolis,
and Hennepin County in compliance with Minnesota Statutes, section 645.021, subdivision 3.
The Minneapolis Library Board, the city of Minneapolis, and Hennepin County must not file
a certificate of local approval until the Minneapolis Library Board, the city of Minneapolis,
and the exclusive representatives of at least 80 percent of the represented Minneapolis library
employees have reached an agreement addressing the impact of the merger on employees. Laws
2007, chapter 121, article 2, section 6.
383B.239 BOARD.
    The county board shall direct, operate and manage the county library system. A county
library board consisting of 11 members who reside in the county library service area shall be
appointed by the county board. For the first three years following the merger of the Minneapolis
Public Library and the Hennepin County library system, three of the members shall be residents of
the city of Minneapolis. When appointing members of the county library board who are residents
of the city of Minneapolis, the county board must consult with the Minneapolis mayor and city
council. 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.
History: 1981 c 48 s 2; 2007 c 121 art 2 s 3
NOTE:The amendment to this section by Laws 2007, chapter 121, article 2, section 3, is
effective the day after the transactional documents have been fully executed and certificates
of local approval have been filed by the Minneapolis Library Board, the city of Minneapolis,
and Hennepin County in compliance with Minnesota Statutes, section 645.021, subdivision 3.
The Minneapolis Library Board, the city of Minneapolis, and Hennepin County must not file
a certificate of local approval until the Minneapolis Library Board, the city of Minneapolis,
and the exclusive representatives of at least 80 percent of the represented Minneapolis library
employees have reached an agreement addressing the impact of the merger on employees. Laws
2007, chapter 121, article 2, section 6.
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.
History: 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.
History: 1981 c 48 s 4
383B.245 LIBRARY LEVY.
    (a) The county board may levy a tax on the taxable property within the county to acquire,
better, and construct county library buildings and branches and to pay principal and interest
on bonds issued for that purpose.
    (b) 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 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.
History: 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; 2007 c 121 art 2 s 4
NOTE:The amendment to this section by Laws 2007, chapter 121, article 2, section 4, is
effective the day after the transactional documents have been fully executed and certificates
of local approval have been filed by the Minneapolis Library Board, the city of Minneapolis,
and Hennepin County in compliance with Minnesota Statutes, section 645.021, subdivision 3.
The Minneapolis Library Board, the city of Minneapolis, and Hennepin County must not file
a certificate of local approval until the Minneapolis Library Board, the city of Minneapolis,
and the exclusive representatives of at least 80 percent of the represented Minneapolis library
employees have reached an agreement addressing the impact of the merger on employees. Laws
2007, chapter 121, article 2, section 6.
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 as enabled pursuant to Laws 2007,
chapter 121.
History: 1981 c 48 s 6; 2007 c 121 art 2 s 5
NOTE:The amendment to this section by Laws 2007, chapter 121, article 2, section 5, is
effective the day after the transactional documents have been fully executed and certificates
of local approval have been filed by the Minneapolis Library Board, the city of Minneapolis,
and Hennepin County in compliance with Minnesota Statutes, section 645.021, subdivision 3.
The Minneapolis Library Board, the city of Minneapolis, and Hennepin County must not file
a certificate of local approval until the Minneapolis Library Board, the city of Minneapolis,
and the exclusive representatives of at least 80 percent of the represented Minneapolis library
employees have reached an agreement addressing the impact of the merger on employees. Laws
2007, chapter 121, article 2, section 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.
History: 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.
History: 1983 c 223 s 1-4; 1997 c 58 s 1,2
383B.257 COUNTY MAY RUN CENTRAL MOBILE EQUIPMENT DIVISION.
    Subdivision 1. On county property. 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. Under county engineer. 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. Must transfer existing equipment; may buy or rent more. 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. Engineer to keep up, report on. 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. Public bodies in county may requisition. 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. Rental charge. 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. Annual financial report; county appropriation. 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. Applicable law for contracts, purchases. 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.
History: 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.
History: 1953 c 367 s 1-3; 1955 c 720 s 1; 1957 c 222 s 2; 1967 c 703 s 1

PERSONNEL

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 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.
History: 1965 c 855 s 1; 1980 c 573 s 1; 1994 c 596 s 1; 2000 c 416 s 1
383B.27 DEFINITIONS FOR HUMAN RESOURCES BOARD AND DEPARTMENT.
    Subdivision 1. For sections 383B.26 to 383B.42. 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. "Board" means the county Human Resources Board.
    Subd. 3.[Repealed by amendment, 2000 c 416 s 2]
    Subd. 4.[Repealed by amendment, 2000 c 416 s 2]
    Subd. 5.[Repealed by amendment, 2000 c 416 s 2]
    Subd. 6.[Repealed by amendment, 2000 c 416 s 2]
    Subd. 7. Appointing authority. "Appointing authority" means an elected official, county
administrator, or the director and management staff of a department 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. "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. "Position" means a group of current duties and responsibilities assigned or
delegated by an appointing authority.
    Subd. 10. Class. "Class" means one or more positions similar with respect to duties and
responsibilities for which 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; and that
the same schedule of compensation shall be applied to all positions.
    Subd. 11.[Repealed by amendment, 2000 c 416 s 2]
    Subd. 12.[Repealed by amendment, 2000 c 416 s 2]
    Subd. 13.[Repealed by amendment, 2000 c 416 s 2]
    Subd. 14.[Repealed by amendment, 2000 c 416 s 2]
    Subd. 15. Permanent employee. "Permanent employee" means an employee in the classified
service who has satisfactorily completed a probationary period.
    Subd. 16. Probationary period. "Probationary period" means that part of the hiring
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. "Classification plan" means a list of the classes of positions in
the county service by their official title.
    Subd. 18. Unclassified service. "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. "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 the same department or organizational unit
or another department or organizational unit.
    Subd. 20. Reassignment. "Reassignment" means a change by an employee from one
position to another position in the same class in the same organizational unit.
History: 1965 c 855 s 2; 1980 c 573 s 2; 1994 c 596 s 2; 2000 c 416 s 2
383B.28 HUMAN RESOURCES BOARD.
    Subdivision 1. Establishment. The Hennepin County Human Resources Board and Human
Resources 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 human resources 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 human resources 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.
History: 1965 c 855 s 3; 1980 c 573 s 3; 1983 c 307 s 6; 1994 c 596 s 3; 2000 c 416 s 3-5
383B.29 DUTIES OF 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 present 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. (a) The board shall establish rules for the classified service with the
assistance of the human resources 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.
(b) The rules shall provide for:
(1) selection methods and the establishment of lists to fill positions in the county service
including promotion;
(2) the appointment of qualified candidates to vacant positions, if the vacancy is not filled by
recall from the layoff list, demotion, reinstatement, reassignment, transfer from other employers
or with county service. Whenever practicable, vacancies must be filled by promotion. The 20
persons having the highest qualifications that meet the requirements of the position to be filled,
when available, must be referred to appointing authority when a vacancy occurs;
(3) a period of probation during which period the probationer may be discharged or demoted,
without right of appeal. The period of probation must not exceed six months unless changed by
six-sevenths approval of the board due to extreme or unique conditions;
(4) seasonal, provisional, temporary, and emergency appointments. The appointments, except
seasonal, must not exceed six calendar months in any 12-month period. Seasonal appointments
must not exceed nine calendar months in any 12-month period;
(5) voluntary demotion; reassignment; transfers from within county service or other
employers; and reinstatement of persons who without fault or delinquency on their part are
separated from the service or demoted;
(6) a compensation plan for classes and positions not represented by an exclusive bargaining
representative to be presented to the county board for approval;
(7) a classification plan for positions in the county service to be presented to the county
board for approval;
(8) leaves of absence with or without pay; layoffs; hours of employment; vacations and sick
leave; severance pay, and other benefits and emoluments as may improve the public service;
(9) suspensions without pay for disciplinary purposes, discharges, or demotion of a
permanent employee only when the person has been presented with written charges and has
been allowed a hearing;
(10) establishment of reasonable fees, not to exceed the actual cost of service or material
provided;
(11) establishment of rules of conduct that are conditions of employment in the county
service; and
(12) policies to deal with falsification of an application or record to improve prospects for
employment or with interference with the selection process.
(c) 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 human resources
director, shall utilize and prescribe the duties of hearing officers, or contract with the Office of
Administrative Hearings pursuant to section 14.55. When it is determined that a disciplinary or
veteran's 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 administrative hearings
pursuant to section 14.55. If it is determined that a prompt hearing is not readily available through
the office of administrative hearings, the board, with the assistance of the human resources
director, may then utilize an impartial hearing officer. Decisions of the hearing officers are final
and binding on the parties and the Human Resources Board, except as provided in section 197.46.
History: 1965 c 855 s 4; 1977 c 325 s 1; 1980 c 573 s 4; 1980 c 615 s 60; 1982 c 577 s 8;
1987 c 384 art 2 s 1; 1994 c 596 s 4; 2000 c 416 s 6
383B.30 DIRECTOR; SELECTION.
The county administrator, with the approval of the county board, shall appoint a human
resources director. 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.
History: 1965 c 855 s 5; 1980 c 573 s 5; 2000 c 416 s 7
383B.31 DUTIES OF HUMAN RESOURCES DIRECTOR.
(a) The director as administrator of the Human Resources 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 Department's
administrative and technical activities in addition to the duties imposed on the director in sections
383B.26 to 383B.42.
(b) The director shall:
(1) attend the meetings of the board, act as its secretary and maintain its official records;
(2) appoint the employees of the Human Resources Department in accordance with and
subject to the provisions of sections 383B.26 to 383B.42; and
(3) recommend rules and amendments to rules for the administration of sections 383B.26 to
383B.42.
(c) The director shall establish uniform procedures and standards to:
(1) prepare, recommend and maintain a classification plan which shall group all positions
in the county into classes;
(2) prepare, recommend, and maintain a compensation plan for the county service;
(3) except as provided in clauses (4) and (5), 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;
(4) 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;
(5) establish alternative selection procedures to measure the ability of persons whose
disabilities are so severe that the usual selection process cannot adequately predict job
performance;
(6) 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, or if there is no such list, the
appropriate eligible list for the class;
(7) maintain records necessary for the proper administration of sections 383B.26 to 383B.42;
(8) 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;
(9) make investigations concerning the administration of sections 383B.26 to 383B.42 and
rules made thereunder, and take corrective actions as deemed reasonable and appropriate to the
situation;
(10) make investigations and reports required by the county board and report thereon; and
(11) make an annual report to the county board and the Human Resources Board on the
activities of the Human Resources Department.
(d) The classification plan authorized in paragraph (c), clause (1), is effective on approval
by the county board.
(e) The compensation plan authorized in paragraph (c), clause (2), may include benefits and
other emoluments to improve the public service as determined by the human resources director. A
plan that is approved by a majority vote of the Human Resources Board is a recommendation to
the county board which may approve or reject all or part of it.
(f) The examination process described in paragraph (c), clause (3), must provide for: (1) the
rejection of otherwise eligible applicants or candidates who fail to comply with the reasonable
requirements of the human resources director; and (2) examinations that 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.
(g) The classifications described in paragraph (c), clause (4), must be authorized by the
county board. Applicants to fill vacancies in the classifications are exempt from ranking and
certification provided for in section 383B.29, subdivision 2, paragraph (b), clause (2). The
director shall refer all qualified applicants to the appointing authority having vacancies in the
appropriate classifications.
History: 1965 c 855 s 6; 1967 c 646 s 1; 1980 c 573 s 6; 1994 c 596 s 5; 2000 c 416 s 8
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. (a) The unclassified service comprises:
(1) officers chosen by election or appointment to fill an elective office;
(2) members of boards and commissions appointed by the county board;
(3) physicians, medical residents, interns, and students in training;
(4) nonsalaried attending medical staff;
(5) special sheriff's deputies serving without pay;
(6) seasonal, temporary, provisional, intermittent, and emergency positions;
(7) positions funded by specific governmental or nongovernmental grants of intermittent or
limited funding duration;
(8) the director or principal administrative officer of a department appointed pursuant to
sections 383B.101 to 383B.103; or appointed by the county board; or appointed for a term
pursuant to law;
(9) chief deputy or principal assistant and secretary for each elected official;
(10) examiner of titles and deputy examiners;
(11) chief criminal deputy sheriff, a chief civil deputy sheriff, a chief administrative deputy
sheriff, and a chief financial services deputy sheriff;
(12) public defender;
(13) county medical examiner;
(14) office staff appointed by the county administrator pursuant to sections 383B.101 to
383B.103; and
(15) county administrator.
(b) Notwithstanding any contrary provision of other law, any person coming within
paragraph (a), clause (8), who, on August 1, 2000, is in the classified service, remains in the
classified service until vacating the position. After that, an appointee to a position described in
paragraph (a), clause (8), is in the unclassified service.
    Subd. 3. Unclassified service, compensation. The human resources director shall establish a
compensation plan in accordance with section 383B.31, paragraph (c), clause (2), for those
employees in the unclassified service identified in subdivision 2, clauses (3), (4), (6), (8), (9),
(10), (11), (13), and (14).
    Subd. 4. Unclassified service, tenure, benefits. The positions in the unclassified service
enumerated in subdivision 2, clauses (3), (4), (8), (9), (10), (11), (13), and (14) 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.
History: 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; 2000 c 416 s 9,10
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.
History: 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.
History: 1965 c 855 s 9; 1980 c 573 s 9; 1986 c 444; 1994 c 596 s 9
383B.35 [Repealed, 2000 c 416 s 11]
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.
History: 1965 c 855 s 11; 1980 c 573 s 11
383B.37 INTERFERENCE WITH EXAM, APPLICANTS; POLITICAL ACTIVITY.
    Subdivision 1. Consequences for employee; injunction. 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. Prohibited political activity. Section 43A.32, subdivision 1, applies to sections
383B.26 to 383B.42.
History: 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]
History: 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.389 DISASTER VOLUNTEER LEAVE.
    Subdivision 1. Leave authorized. A county employee who is a certified disaster services
volunteer of the American Red Cross or emergency disaster services volunteer of the Salvation
Army or similar volunteer of a disaster services organization approved by the Hennepin County
board may be granted leave from work with 50 percent of pay, not to exceed 15 working days
in each year, to participate in specialized disaster relief services for the American Red Cross or
another approved disaster services organization. The employee must be released from work for
this function upon the request of the approved disaster services organization for the services of
that employee, and upon the approval of that employee's appointing authority. The appointing
authority must compensate the employee granted leave under this section at 50 percent of the
employee's regular rate of pay for those regular hours during which the employee is absent
from work. This leave, if granted by the appointing authority, does not affect the employee's
vacation leave, pension, compensatory time, personal vacation days, sick leave, earned overtime
accumulation, or cause a loss of seniority.
    Subd. 2. Liability. The county is not liable for workers' compensation claims arising from
accident or injury while a county employee is on an approved assignment with an approved
disaster services organization. Duties performed while on disaster leave are not considered to be a
work assignment by the county. The employee is granted leave based on the need for expertise in
the employee's certified area. Job functions, although similar or related to the employee's county
job functions, are performed on behalf of and for the benefit of the disaster services organization.
History: 2001 c 40 s 1
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.
History: 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.
History: 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.
History: 1965 c 855 s 18
383B.45 COUNTY BOARD TO FIX TIME, MANNER TO PAY SALARIES.
    Subdivision 1. Monthly, semimonthly, or per two weeks. 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. Transitional practice. 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. Salary payments may be rounded. 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. Supersedes earlier county law. 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.
History: 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.
History: 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.
History: 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.
History: Ex1967 c 27 s 1

RETIREMENT

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 before 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 must include time served as a county employee
before June 8, 1965, if the person is an employee in the classified service of the county or if the
person is an employee of Hennepin Healthcare System, Inc., is entitled to elect to obtain coverage
by the Hennepin County supplemental retirement program. The election to obtain coverage may
be exercised only once and must 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, is eligible for
coverage by the Hennepin County supplemental retirement program.
    Subd. 2. Establishment of account; contributions. The county of Hennepin or Hennepin
Healthcare System, Inc., whichever applies, 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.
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 must be contributed by the county of Hennepin or Hennepin Healthcare System, Inc.,
whichever applies. The total amount deducted and contributed must be deposited to the credit
of the supplemental retirement account in a separate account administered by the Minnesota
State Retirement System on behalf of Hennepin County. 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.
History: 1969 c 950 s 1; 1978 c 720 s 19; 1982 c 450 s 1; 1985 c 261 s 11; 2005 c 125 art 3
s 6; 1Sp2005 c 8 art 11 s 4

NOTE: The amendment to this section by Laws 2005, chapter 125, article 3, section 6,
is effective the day after the Hennepin County Board files a certificate of local approval in
compliance with section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29, as
amended by Laws 2005, First Special Session chapter 7, section 34; and Laws 2005, chapter 125,
article 3, section 7.

NOTE: The amendment to subdivision 2 by Laws 2005, First Special Session chapter 8,
article 11, section 4, is effective the day after the board of Hennepin County and its chief clerical
officer complete in a timely manner their compliance with section 645.021, subdivisions 2 and 3.
Laws 2005, First Special Session chapter 8, article 11, section 19.
383B.47 RETIREMENT MONEY FOR STATE SUPPLEMENTAL FUND SHARES.
With the moneys deposited to the credit of the supplemental retirement account, the
Minnesota State Retirement System shall purchase shares on behalf of Hennepin County in the
accounts of the Minnesota supplemental investment fund as provided in section 383B.48.
History: 1969 c 950 s 2; 1982 c 450 s 2; 1Sp2005 c 8 art 11 s 5
383B.48 BUYING STATE SUPPLEMENTAL INVESTMENT FUND SHARES.
A participant in the Hennepin County supplemental retirement program shall indicate 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
such time as allowed by the Minnesota State Retirement System. The Minnesota State Retirement
System 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 Minnesota State Retirement
System 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 month 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.
History: 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; 1Sp2005 c 8 art 11 s 6
383B.49 SUPPLEMENTAL RETIREMENT BENEFITS; REDEMPTION OF SHARES.
When requested to do so, in writing, on forms provided by the Minnesota State Retirement
System, by a participant, surviving spouse, a guardian of a surviving child or a personal
representative, whichever is applicable, the Minnesota State Retirement System shall on behalf
of Hennepin County 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. The
person may select annual redemption in a single lump sum or in monthly payments. 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 Minnesota State Retirement System upon verification by Hennepin County
through the county administrator of the recipient's eligibility to redeem funds.
(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. The surviving
spouse may elect annual redemption in a single lump sum payment or in monthly payments.
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 Minnesota State Retirement System upon verification by Hennepin County through the
county administrator of the recipient's eligibility to redeem funds. Upon the death of the surviving
spouse, any shares remaining in the participant's share account record must be redeemed on behalf
of Hennepin County by the Minnesota State Retirement System 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.
History: 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; 1Sp2003 c 12 art 10 s 1; 1Sp2005 c 8 art 11 s 7
383B.491 MINNESOTA STATE RETIREMENT SYSTEM BILLING AUTHORITY.
The Minnesota State Retirement System executive director is authorized to enter into an
interagency agreement with Hennepin County under which the Minnesota State Retirement
System would directly bill the county for the cost of the Minnesota State Retirement System's
administration of the Hennepin County Supplemental Retirement Plan.
History: 1Sp2005 c 8 art 11 s 8
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 administrator in the sole discretion of
the administrator. 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.
History: 1983 c 100 s 1; 1985 c 261 s 13; 1Sp2003 c 12 art 10 s 2
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.
History: 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 518A.53. The shares are also exempt from all taxation, except
individual income taxation, by the state of Minnesota.
History: 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; 2005 c 164 s 29; 1Sp2005 c 7 s 28
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. The Board of County Commissioners of Hennepin County may
charge participants a fee to recover the administrative expenses of the supplementary benefit
program. Annual total fees charged to administer the supplementary benefit program may not
exceed 40/100 of one percent of the assets of the program.
History: 1969 c 950 s 7; 1998 c 390 art 2 s 15
383B.56 BOARD MAY REGULATE PUBLIC, PRIVATE AMBULANCES.
    Subdivision 1. May license for operation standards. 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. Also drivers and attendants. 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. $25 for vehicle; $5 for operator or attendant. 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. Board may appropriate money for this section. The county board is hereby
authorized to make the necessary appropriations to carry out the provisions of this section.
History: 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.
History: 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.
History: 1969 c 810 s 1

HIGHWAYS

383B.60 SPECIAL PERMITS; SEASONAL CONTRACTOR'S PERMIT; 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.
History: 1967 c 774 s 1; 1971 c 819 s 1
383B.603 BOARD MAY FILE COUNTY HIGHWAY MAPS FOR RECORD.
    Subdivision 1. Need not comply with chapter 505. 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 licensed 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. Descriptive; not to transfer title. 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.
History: 1967 c 512 s 1; 1976 c 181 s 2; 1986 c 444; 1998 c 324 s 9
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.
History: 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.
History: 1975 c 289 s 1

PROBATION DEPARTMENT

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.
History: 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.
History: 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.
History: 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 SPACE, SUPPLIES, EXPENSES, OFFICER'S POWERS, BOND; RECORDS.
    Subdivision 1. Board to provide. 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. Peace officer powers; bond for money received. 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. Records may be withheld. 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. By majority of judges. 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]
History: 1929 c 326 s 4-7,9; 1953 c 385 s 1; 1986 c 444

PUBLIC DEFENDER

383B.63 PUBLIC DEFENDER FOR CRIMES, MISDEMEANORS, ORDINANCES.
    Subdivision 1.[Repealed, 1991 c 345 art 3 s 30]
    Subd. 2. Represent financially unable, including juveniles. 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. Do appeals, if state defender unable. 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. Chief unclassified; others classified. 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.
History: 1973 c 317 s 1; 1986 c 444

COURTS; BLOOMINGTON

383B.65 CONTRACTS, LEASES WITH BLOOMINGTON FOR COURT SPACE.
    Subdivision 1. Payments to retire debt first, then county may buy. 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. May relocate Bloomington court. Notwithstanding the provisions of section
488A.01, subdivision 9, the county of Hennepin may relocate the district 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.
History: 1983 c 523 art 12 s 2,4; 2006 c 260 art 5 s 10

SUBURBAN HENNEPIN REGIONAL PARK DISTRICT

383B.68 SEVEN HENNEPIN REGIONAL PARK DISTRICT COMMISSIONERS.
    Subdivision 1. As provided in this section. Notwithstanding any provision of sections
398.02 to 398.04, or any other law to the contrary, the Board of Park District Commissioners
of the Three Rivers Park District shall consist of seven commissioners appointed or elected
as provided in this section.
    Subd. 2. Two residents appointed by county board. Two park district commissioners
shall be appointed by the Board of Commissioners of Hennepin County. An appointee must
be a resident of the Three Rivers Park District in order to qualify and serve as a park district
commissioner. Each park district commissioner appointed pursuant to this subdivision shall serve
for a four-year term. If a vacancy occurs among the commissioners appointed pursuant to this
subdivision, the Board of Commissioners of Hennepin County shall appoint a successor.
    Subd. 3. Five elected from outside Minneapolis. 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. Decennial redistricting. After September 1, 1985, and after at least 30 days' notice
and public hearing, the Board of Park District Commissioners of the Three Rivers Park District
shall divide the territory of Hennepin County outside the city of Minneapolis into five districts,
which constitute the Three Rivers Park District. Each district shall be composed of contiguous
territory as regular and compact in form as practicable and as nearly equal in population as
possible, provided that no district shall vary in population more than ten percent from the average
of all the districts, unless compliance with this requirement requires division of a voting precinct.
After each federal census and by the date prescribed for redistricting of election districts in
section 204B.135, subdivision 2, after at least 30 days' notice and public hearing, the Board of
Park District Commissioners of the Three Rivers Park District shall redistrict the territory of the
Three Rivers Park District into new commissioner districts as necessary to comply with the
provisions of this subdivision. The districts established pursuant to this subdivision shall remain
effective until new districts are established. Any person aggrieved by a districting plan established
pursuant to this subdivision may challenge the plan in the same manner as a county commissioner
districting plan may be challenged pursuant to section 375.025. The district court in reviewing
any challenge to a districting plan under this subdivision shall proceed in the manner prescribed
by section 375.025. Each districting plan established pursuant to this subdivision shall be filed
in the office of the director of finance of Hennepin County or any successor office and shall be
effective 31 days after its publication in a newspaper of general circulation in the county.
History: 1979 c 288 s 2; 1Sp1985 c 14 art 7 s 2-4; 1986 c 444; 1993 c 58 s 1; 2005 c 82 s 1-3
383B.69 [Repealed, 1996 c 310 s 1]
383B.70 COMPENSATION OF COMMISSIONERS.
Notwithstanding the provisions of section 398.05 or any other law, the compensation of
commissioners of the Three Rivers Park District must be set by the Board of Park Commissioners.
History: 1977 c 101 s 1; 2001 c 44 s 1; 2005 c 82 s 4
383B.702 DEPOSITORIES.
Notwithstanding section 398.18, the Three Rivers Park District may exercise the powers of a
municipality under chapter 118A.
History: 1Sp1985 c 14 art 7 s 6; 2001 c 7 s 90; 2005 c 82 s 5
383B.703 DISTRICT RENAMING.
The Suburban Hennepin Regional Park District, a local government unit organized and
existing under the provisions of sections 398.01 to 398.36, is renamed the Three Rivers Park
District. The district so named is the legal successor in all respects of the Suburban Hennepin
Regional Park District as previously named and constituted. All bonds, resolutions, contracts, and
liabilities of the Suburban Hennepin Regional Park District are the bonds, resolutions, contracts,
and liabilities of the Three Rivers Park District as so renamed and reconstituted. The boundaries of
the Three Rivers Park District shall include all of Hennepin County except the city of Minneapolis.
History: 1Sp1985 c 14 art 7 s 7; 2001 c 44 s 2; 2005 c 82 s 6
383B.71 TRAIL SYSTEM.
In addition to the authority granted by chapter 398, the Three Rivers Park District is
authorized to acquire, establish, operate, and maintain trail systems.
History: 1975 c 66 s 1; 2005 c 82 s 7
383B.72 LAND ACQUISITION; TOWN CONSENT.
Notwithstanding the provisions of section 398.09, the Board of Park District Commissioners
of the Three Rivers Park 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.
History: 1967 c 721 s 1; 2005 c 82 s 8
383B.73 PARK DISTRICT TAX LEVY.
    Subdivision 1. Levy. To provide funds for the purposes of the Three Rivers Park 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 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.[Repealed, 2001 c 44 s 5]
History: 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; 2005 c 82 s 9
383B.74 [Repealed, 2001 c 44 s 5]

BUILDING COMMISSION

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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 1903 c 247 s 5; 1983 c 76 s 1

HOUSING AND REDEVELOPMENT AUTHORITY

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.
History: 1987 c 177 s 1; 1989 c 78 s 1; 1989 c 209 art 2 s 38; 1997 c 58 s 3; 2000 c 260 s 92

BATHING BEACHES

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

MULTIJURISDICTIONAL PROGRAM

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 Three
Rivers 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, acquisition
of property, development and redevelopment of parks and open space, water quality and
lakeshore improvement, development and redevelopment of housing and existing commercial
projects, 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.
    Subd. 4. Administration. The board of county commissioners shall administer the program
and funds and bond for projects in this section either as a county board or a housing and
redevelopment authority. The board of county commissioners may acquire property in connection
with the projects in this section with any funds under its control. Any sale, lease, or development
of such property by the board of county commissioners shall be conducted in accordance with
section 469.029.
    Subd. 5. Financing. Hennepin County may appropriate funds for any of the activities
described in subdivision 1, whether or not state funds are appropriated for the activity. Hennepin
County may include any part of the costs of a project described in section 469.002, subdivision
12
, in a capital improvement plan adopted under section 373.40, and may issue bonds for such
purposes pursuant to and subject to the procedures and limitations set forth in section 373.40,
whether or not the capital improvement to be financed is to be owned by the county or any other
governmental entity. Such purposes are in addition to the capital improvements described in
section 373.40, but shall not include light rail transit, commuter rail, or any activity related to
either of those, or a sports facility building designed or used primarily for professional sports. No
funds appropriated under this subdivision may be used to pay operating expenses.
History: 1995 c 224 s 94; 1Sp1998 c 1 art 3 s 21,22; 1999 c 223 art 2 s 47; 2001 c 214
s 10; 2006 c 187 s 1

DEED AND MORTGAGE TAX

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 .0001 of the principal.
(c) The rate of the deed tax equals .0001 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,
2008.
History: 1997 c 231 art 16 s 15; 1Sp2001 c 5 art 7 s 62; 2002 c 390 s 4

ENVIRONMENTAL RESPONSE FUND

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 Employment 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 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.
History: 1997 c 231 art 16 s 16; 1Sp2003 c 4 s 1

HENNEPIN HEALTH CARE SYSTEM

383B.901 CREATION OF A COUNTY SUBSIDIARY CORPORATION.
There is created a corporation which shall be public in nature, operating as a subsidiary of
the county of Hennepin. The public corporation shall be known as Hennepin Healthcare System,
Inc. The purpose of the corporation is to engage in the organization and delivery of health care
and related services to the general public, including the indigent as defined by state and federal
law and as determined by the Hennepin County Board of Commissioners, and to conduct related
programs of education and research. The corporation shall have one class of members, the
governing member, who shall be Hennepin County, as represented by the Hennepin County Board
of Commissioners. The governing member has all the rights, duties, and privileges specified
under Laws 2005, chapter 125, and the bylaws of the corporation.
History: 2005 c 125 art 1 s 1

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 1, is effective
when the initial board of the corporation is appointed by the county board. Laws 2005, chapter
125, article 1, section 29, as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.902 DEFINITIONS.
For the purpose of sections 383B.901 to 383B.928, the terms defined in this section have the
meanings given them unless the context clearly indicates otherwise.
(a) "Corporation" means the county subsidiary corporation created by section 383B.901.
(b) "County" means the county of Hennepin.
(c) "County board" means the Hennepin County Board of Commissioners and its members.
(d) "HCMC" means the Hennepin County Medical Center, which is the medical center
established and operated by the county under section 383B.217.
(e) "Effective date" means the effective date of the sections of Laws 2005, chapter 125, as
defined in Laws 2005, chapter 125, article 1, section 29.
History: 2005 c 125 art 1 s 2

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 2, is effective
when the initial board of the corporation is appointed by the county board. Laws 2005, chapter
125, article 1, section 29, as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.903 BOARD.
    Subdivision 1. Governance. The corporation shall be governed by a board of directors
consisting of between 11 and 15 directors. Two of the directors on the board of the corporation
must be county commissioners currently serving as elected officials on the county board who are
chosen and may be removed by a majority vote of the county board.
    Subd. 2. Term, quorum, and manner of acting. The term of office for directors, rules
governing quorum, and manner of acting for the board of directors must be specified in the bylaws
of the corporation which shall be approved by the county board, except that:
(1) a vote of a majority of the board shall be required to hire or discharge the corporation's
administrator, to approve the annual budget, and for any action which requires subsequent
approval by the county board as specified in section 383B.908; and
(2) directors of the board of directors or any committee or advisory assembly or council
appointed by the board of directors may participate in a meeting by means of telephone conference
or similar communications equipment which enables all persons participating in the meeting to
hear each other during the conduct of that meeting. Participation shall be considered presence in
person at the meeting for purposes of notice and quorum requirements as specified in the bylaws.
    Subd. 3. Appointment of board members. The county board shall appoint the initial board
of the corporation. Thereafter, the county board shall appoint directors of the corporation by slate
to open positions due to the completion of a director's term as specified in the bylaws of the
corporation. The slate shall be nominated by a committee of the board of the corporation. The
board of the corporation may by majority vote appoint a board member to fill a vacancy on the
board occurring prior to the completion of the term, provided the newly appointed board member
is submitted to the county board for approval when the next slate of directors is submitted to the
county board for approval.
    Subd. 4. Qualifications. Members of the board shall possess a high degree of experience
and knowledge in relevant fields and possess a high degree of interest in the corporation and
support for its mission. Members shall be appointed based in part on the objective of ensuring that
the corporation includes diverse and beneficial perspectives and experience including, but not
limited to, those of medical or other health professionals, urban, cultural and ethnic perspectives
of the population served by the corporation, business management, law, finance, health sector
employees, public health, serving the uninsured, health professional training, and the patient or
consumer perspective. The corporation shall provide a public announcement of vacancies on the
board of the corporation in the manner normally used by Hennepin County to provide public
notice of open appointments.
    Subd. 5. Removal. A director who is not a county commissioner may be removed without
cause by a two-thirds majority vote of the board of the corporation. The county board may remove
any board member for violation of the director's ethical and legal duties as a board member
as specified in section 383B.905 or for the repeated failure to act in the best interests of the
corporation. In addition, the county board may remove the corporate board in its entirety as
specified in section 383B.908, subdivision 7.
History: 2005 c 125 art 1 s 3

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 3, is effective
when the initial board of the corporation is appointed by the county board. Laws 2005, chapter
125, article 1, section 29, as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.904 OFFICERS.
    Subdivision 1. Election. (a) The officers of the board of the corporation shall consist of the
chair, vice-chair, secretary, treasurer, and other officers as the board shall from time to time deem
necessary. The board shall elect officers by a majority vote of the board at the annual meeting, or
in the case of the initial board, at the first meeting following appointment by the county board.
(b) Any of the offices or functions, with the exception of the chair and vice-chair, may be
held or exercised by the same person.
    Subd. 2. Removal. An officer may be removed without cause by a two-thirds majority
vote of the board of the corporation.
History: 2005 c 125 art 1 s 4

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 4, is effective
when the initial board of the corporation is appointed by the county board. Laws 2005, chapter
125, article 1, section 29, as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.905 AUTHORITY AND DUTIES OF OFFICERS AND DIRECTORS; UNPAID
OFFICERS AND DIRECTORS LIABILITY FOR DAMAGES.
    Subdivision 1. In bylaws or by board. Officers and directors have the authority and duties
in the management of the business of the corporation that the bylaws prescribe or, in the absence
of such prescription, as the board determines.
    Subd. 2. Ordinary prudent person standard. Officers and directors shall discharge their
duties in good faith, in the manner the officer or director reasonably believes to be in the best
interests of the corporation, and with the care an ordinary prudent person in a like position would
exercise under similar circumstances.
    Subd. 3. Not trustees. Officers and directors are not considered to be trustees with respect to
the corporation or with respect to property held or administered by the corporation, including,
without limit, property that may be subject to restrictions imposed by the donor or transferor
of the property.
    Subd. 3a. Conflicts of interest. Conflicts of interest involving directors, officers, or
employees of the corporation must be evaluated and resolved under chapter 317A. Directors,
officers, and employees of the corporation are not considered "public officers" for the purposes of
sections 471.87 to 471.89. This subdivision does not apply to Hennepin County Commissioners
who also serve on the board of Hennepin Healthcare System, Inc.
    Subd. 4. Liability. A person who serves without compensation as a director or officer of the
corporation is exempt from civil liability to the same extent as provided under section 317A.257
for the directors and officers listed in section 317A.257, subdivision 1.
History: 2005 c 125 art 1 s 5; 2006 c 266 s 2; 2007 c 34 s 1

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 5, is effective
when the initial board of the corporation is appointed by the county board. Laws 2005, chapter
125, article 1, section 29, as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.906 BYLAWS.
Prior to the appointment of the initial board of the corporation, the county board shall
approve the bylaws of the corporation. Thereafter, the board of the corporation may adopt, amend,
or repeal bylaws relating to the management of the business or regulation of the affairs of the
corporation, except that the county board shall approve any bylaws change relating to:
(1) board composition, board and officer selection, terms, removal, or qualifications;
(2) the county board's reserved powers as specified in the bylaws;
(3) the ability of the corporation to engage in joint ventures;
(4) the ability of the corporation to incur debt through the county;
(5) the ability of the corporation to create subsidiaries;
(6) the ability of the corporation to merge or dissolve;
(7) the ability of the corporation to use subsidiaries to undertake functions or activities
performed by employees of the corporation; or
(8) the mission of the corporation.
History: 2005 c 125 art 1 s 6

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 6, is effective
when the initial board of the corporation is appointed by the county board. Laws 2005, chapter
125, article 1, section 29, as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.907 CORPORATE POWERS.
    Subdivision 1. Authority and powers of the board. Subject to the reserved powers and
limitations specified in sections 383B.903 and 383B.908, or as specified in the bylaws of the
corporation, the corporation, through its board, shall, relative to the delivery of health care
services, have, in addition to any authority vested by law, the authority and legal capacity of a
nonprofit corporation under chapter 317A including the authority to:
(1) have members of its board or its officers or administrators serve as directors, officers, or
employees of the corporation's ventures, associations, or corporations;
(2) hire and discharge an administrator;
(3) approve personnel policies and practices, any applicable labor agreements, and levels of
compensation and benefits recommended by the administrator;
(4) use employees, agents, consultants, and facilities of the county, as necessary in the
discretion of the board, paying the county its agreed proportion of the compensation or costs
pursuant to an agreement with the county;
(5) spend funds, including public funds in any form, or devote the resources of the corporation
to recruit and retain physicians whose services are necessary or desirable for meeting the health
care needs of the population and for the successful performance of the public purpose of the
corporation. Allowable uses of funds and resources include the retirement of medical education
debt, payment of onetime amounts in consideration of services rendered or to be rendered,
payment of recruitment expenses, payment of moving expenses, and the provision of other
financial assistance necessary for the recruitment and retention of physicians, provided that the
expenditures in whatever form are reasonable under the facts and circumstances of the situation;
(6) offer, directly or indirectly, products and services of the corporation and/or affiliated
entities to the general public, and retain any profits earned through the provision of these products
and services for the purpose of advancing the mission of the corporation;
(7) own shares of stock in business corporations;
(8) borrow money and issue bonds in support and promotion of the corporation's purpose and
mission and providing any rights and obligations related thereto;
(9) accept gifts, grants, loans, or contributions of funds or property or financial or other aid in
any form from, and enter into contracts or other transactions with, the federal government, the
state of Minnesota, third-party payors, or any other source and to use any gifts, grants, loans, or
contributions for any of its corporate purposes;
(10) enter shared service and other cooperative ventures;
(11) join or sponsor membership in organizations intended to benefit the corporation;
(12) enter partnerships, joint ventures, or other business arrangements to advance the
mission of the corporation;
(13) sue or be sued; and
(14) incorporate other corporations, both for profit and nonprofit.
    Subd. 2. Other powers. Subject to the reserved powers and limitations specified in sections
383B.903 and 383B.908, or as specified in the bylaws of the corporation, the corporation shall
have all the powers necessary and convenient for the operation, administration, management,
and control of the corporation's affairs. The enumeration of specific powers in this section is not
intended to restrict the power of the corporation to take any action which, in the exercise of its
discretion, is necessary or convenient to further the purposes for which the corporation exists and
that is not otherwise prohibited by law, whether or not the power to take the action is necessarily
implied from the powers expressly granted.
History: 2005 c 125 art 1 s 7

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 7, is effective
when the initial board of the corporation is appointed by the county board. Laws 2005, chapter
125, article 1, section 29, as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.908 LIMITATIONS UPON CORPORATE POWERS; RESERVED POWERS.
    Subdivision 1. Powers reserved to county. Notwithstanding the authority granted to the
board in section 383B.907, the county board shall retain specific controls over the corporation's
mission, ability to incur indebtedness through the county, indigent care, and governance. These
county board controls must be specified in the bylaws or other transactional documents, which
shall be approved by the county board.
    Subd. 2. Restriction on disposition of assets. The corporation shall not have the power
to dissolve, merge, consolidate, transfer, liquidate, or otherwise dispose of or distribute all, or
substantially all, of the corporation's assets without a county board resolution approved by a
majority of the county board.
    Subd. 3. Distribution of assets upon dissolution. In the event of the dissolution of the
corporation, the net assets of the corporation shall be distributed to the county for public purposes.
    Subd. 4. Compensation and payment limitations. No part of the net earnings and assets
of the corporation shall inure to the benefit of any private individual, nor shall any part of the
income or assets of the corporation be distributed to or divided among any private individuals
as dividends or otherwise.
    Subd. 5. Financial oversight. The county board shall approve the annual budget of the
corporation and receive an annual audited financial statement. The annual budget shall address
how efficiencies and revenues contribute to stabilize or reduce county liabilities for indigent care.
The county board shall also retain the right to conduct an independent audit of the finances of
the corporation.
    Subd. 6. County services. The county board shall retain the authority to require the
corporation to provide other health care or health care related services as the county board
determines to be in the best interest of the county. The corporation shall provide these services as
long as the county board provides funds to pay for the services. Payment to the corporation for the
services shall be as agreed between the corporation and the county board.
    Subd. 7. Dissolution or reorganization of corporation. The county board shall retain the
right to dissolve the corporation, reorganize the corporation, or remove the entire corporate board
in order to resume management of Hennepin County Medical Center upon a two-thirds vote
of the entire county board.
History: 2005 c 125 art 1 s 8

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 8, is effective
when the initial board of the corporation is appointed by the county board. Laws 2005, chapter
125, article 1, section 29, as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.909 CORPORATE SEAL.
The corporation shall not have a corporate seal.
History: 2005 c 125 art 1 s 9

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 9, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.910 BOARD MEETINGS.
In accordance with the bylaws of the corporation, the board shall provide for annual, regular,
and special meetings to be held at a designated interval throughout the year. Notice of these
meetings shall be provided in accordance with the bylaws of the corporation.
History: 2005 c 125 art 1 s 10

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 10, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.911 PUBLIC DEPOSITORY.
The corporation shall have jurisdiction over its accounts and payrolls and shall establish
and maintain a public depository. The corporation may use the county as a public depository. If
the depository is not the county, the depository must be subject to chapter 118A, except that the
corporation shall determine the appropriate security. The corporation shall establish and maintain
all necessary accounts. The corporation may establish reserve accounts, depreciation accounts,
and working capital funds in order to operate on an accrual basis.
History: 2005 c 125 art 1 s 11

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 11, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.912 TRANSFER OF RIGHTS.
    Subdivision 1. Corporation as continuation of HCMC. The corporation created by
section 383B.901 shall be considered a continuation of HCMC for purposes of all the rights,
liabilities, and contractual obligations of the county pertaining to the operations of HCMC except
as otherwise provided herein. The corporation succeeds to all rights and contractual obligations
of the county pertaining to the operations of HCMC with the same force and effect as if those
rights and obligations had been continued by the county itself.
    Subd. 2. Pending matters. The corporation may conduct and complete any legal action,
administrative proceeding, or any other matter commenced by or against HCMC or the county,
on behalf of HCMC, which was incurred before or pending as of the effective date, in the same
manner, under the same conditions, and with the same effect as though the action, proceeding, or
other matter were conducted or completed by HCMC or the county acting on behalf of HCMC.
    Subd. 3. Transfer of documents required. On the effective date, HCMC, or the county on
behalf of HCMC, shall have the authority to transfer and deliver to the corporation, as specified in
the lease and other transactional documents referenced in section 383B.913, all contracts, books,
bonds, plans, paper, records, including all personnel and medical records, and other property of
every description within the jurisdiction or control of HCMC, or the county acting on behalf of
HCMC, except as otherwise provided herein.
    Subd. 4. Transfer of funds. On the effective date, HCMC, or the county on behalf of HCMC,
shall have the authority to transfer to the corporation all unspent funds appropriated to HCMC, as
specified in the lease and other transactional documents referenced in section 383B.913.
History: 2005 c 125 art 1 s 12

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 12, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.913 LEASE OR TRANSFER OF ASSETS.
    Subdivision 1. Corporate status. The corporation shall be considered a "public corporation"
for purposes of section 465.035.
    Subd. 2. Lease of real property. Notwithstanding any other laws to the contrary, as of the
effective date, the county shall have the authority to enter into a lease, mutually agreeable to
both parties, with the corporation for substantially all of the real property acquired by or turned
over to the county for the establishment, operation, or maintenance of HCMC prior to and as
of the effective date and necessary for the operation of the corporation. Subject to restrictions
specified in the written lease and other transaction documents by and between the county and
the corporation, the county shall lease the real property exclusively to the corporation. For the
purposes of this subdivision, real property shall mean the real property used by the county for the
operations of HCMC that the county shall lease to Hennepin Healthcare System, Inc., as specified
in the lease documents and Laws 2005, chapter 125, as of the effective date.
    Subd. 3. Requirements of lease. In order for the county to enter into the lease described in
subdivision 2, the lease must also address the following:
(1) continued primary use of the property for health and hospital services;
(2) indigent care;
(3) capital improvements;
(4) joint ventures and partnerships;
(5) assignments and subleases; and
(6) changes to hospital capacity.
    Subd. 4. Transfer of assets. The county shall transfer to the corporation assets as designated
by the county in transactional documents accompanying the lease for use in the operations of
HCMC. For purposes of this subdivision, assets means the equipment and other personal property
used by the county for the operations of HCMC that the county shall transfer to Hennepin
Healthcare System, Inc., as specified in the transaction documents and Laws 2005, chapter 125, as
of the effective date.
    Subd. 5. No advertising or bids. The county may transfer and lease the assets and real
property to the corporation as specified in subdivisions 2 and 3 without first advertising for
or soliciting any bids.
History: 2005 c 125 art 1 s 13

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 13, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.914 STATUS OF PRESENT EMPLOYEES; BARGAINING UNITS; RETIREMENT
COVERAGE.
    Subdivision 1. Health system human resources system. Persons employed at the
corporation created shall be subject to a human resources system that is designed to offer
appropriate benefits to workers employed in a health care setting. This human resources system
shall replace the general county human resources system prescribed in sections 383B.26 to
383B.42, and any rules related to it. The corporation shall have the authority to establish all
personnel policies and practices, negotiate applicable labor agreements, and set all levels of
compensation and benefits which are considered appropriate by the board except as limited in this
section. The human resources system is subject to the following human resources requirements:
(1) determine compensation according to the pay equity requirements under sections
471.991 to 471.999;
(2) provide preferences for veterans according to the Veterans Preference Act under sections
197.455, 197.46, and 375.63; and
(3) provide an appeals process for an individual who is discharged, demoted, or suspended.
    Subd. 2. Employee transfer. All persons employed by the county whose employment is
accounted for in the county enterprise fund for HCMC, on the effective date, shall be transferred
to the corporation as specified in the lease and other transactional documents referenced in section
383B.913. The transfer of employees to the corporation under this subdivision does not constitute
severance or termination of employment or a layoff entitling transferred employees to severance
pay, termination benefits, a retirement plan refund, or any other right that may be applicable in
the case of severance, termination, or layoff.
    Subd. 3. Current positions. Each person employed by the county who is transferred to
the corporation on the effective date shall retain employment and accrued benefits, including
participation in deferred compensation programs, and will be recorded by most recent date of
employment with Hennepin County upon transfer to the corporation created in section 383B.901.
    Subd. 4. Bargaining units. The corporation shall recognize existing bargaining units
organized by employees of HCMC and the exclusive representatives of those bargaining units as
of the effective date. The corporation shall adopt all current labor agreements as of the effective
date for the term of those agreements, except for countywide references, countywide provisions,
and countywide human resources rules.
    Subd. 5. General employee retirement benefits. (a) Except as provided in paragraph
(b), employees of the corporation, other than paramedics, emergency medical technicians and
the supervisors and managers of such employees, and protection officers and supervisors of
such employees, are "public employees" under chapter 353 and are members of the general
employees retirement plan of the Public Employees Retirement Association, including employees
transferred to the corporation under subdivision 2 and employees hired by the corporation after
the effective date.
(b) Notwithstanding sections 356.24 and 356.25, the corporation has the authority to create
alternative retirement plans that are not defined benefit pension plans for the following classes
of employees: supervisors, managers, physicians, and independent health practitioners who
bill independently for their time, provided the value of the aggregate benefits are substantially
comparable to the general employee retirement plan of the Public Employees Retirement
Association. These classes of employees are eligible to participate in the general retirement
plan of the Public Employees Retirement Association until and unless the corporation creates
alternative retirement plans. Only those employees who are within the designated class and who
are hired after the date of creation of the alternative plan may be enrolled in the alternative
retirement plan in lieu of participation in the general employees retirement plan of the Public
Employees Retirement Association. Any alternative retirement benefit plan established by the
corporation must comply with the financial reporting requirements for public pension plans
under section 356.20 and the investment performance reporting requirements for public pension
plans under section 356.219.
    Subd. 6. Employees eligible to continue participation in public employee retirement
association correctional, police, and fire benefit plans. Notwithstanding subdivision 5, both
existing and future employees of the corporation in the positions of paramedic and emergency
medical technician, including supervisors and managers of such employees, as provided in section
353.64, subdivision 10, are members of the public employees police and fire retirement plan under
sections 353.63 to 353.68 and in the position of protection officer, including supervisors of such
employees, as provided in section 353E.02, subdivision 2a, are members of the local government
correctional retirement plan under chapter 353E.
    Subd. 7. Participation in state deferred compensation plan. (a) Existing employees of the
corporation, at the election of the corporation, if otherwise qualified, are eligible to participate in
the Hennepin County supplemental retirement plan under sections 383B.46 and 383B.52.
(b) Existing and future employees of the corporation, at the election of the corporation, are
eligible to participate in the Minnesota state deferred compensation plan under section 352.96, the
postretirement health care savings plan under section 352.98, and all other deferred compensation
arrangements for which all persons employed by the county whose employment is accounted for
in the county enterprise fund for HCMC were eligible.
    Subd. 8. Subsidiaries. Any subsidiary created by the corporation shall be subject to the same
human resources requirements as those that apply to the corporation under subdivision 1.
History: 2005 c 125 art 1 s 14

NOTE: Subdivision 1, as added by Laws 2005, chapter 125, article 1, section 14, subdivision
1, is effective when the initial board of the corporation is appointed by the county board. Laws
2005, chapter 125, article 1, section 29, as amended by Laws 2005, First Special Session chapter
7, section 34.
NOTE: Subdivisions 2 to 8, as added by Laws 2005, chapter 125, article 1, section 14,
subdivisions 2 to 8, are effective the day after the Hennepin County Board files a certificate of
local approval in compliance with Minnesota Statutes, section 645.021, subdivision 3. Laws 2005,
chapter 125, article 1, section 29, as amended by Laws 2005, First Special Session chapter 7,
section 34.
383B.915 BONDING AUTHORITY OF CORPORATION.
    Subdivision 1. Municipality. The corporation shall be considered a "municipality" pursuant
to section 475.51, subdivision 2, for purposes of bond issuance and shall have all the authority
conferred on municipalities by chapter 475, unless that authority is modified in this section.
    Subd. 2. Sale of bonds. Subject to the reserved powers and limitations specified in section
383B.908 and notwithstanding any of the corporation's enumerated powers, the corporation may
issue and sell revenue bonds or other revenue obligations to finance capital improvements or
for the acquisition and betterment of facilities or other property to be utilized for the delivery
of health care and related research, the establishment of reserves for bond payment, or for other
proper corporate purposes.
    Subd. 3. Security for bonds. Subject to the reserved powers and limitations specified in
section 383B.908 and notwithstanding any of the corporation's enumerated powers, the bonds
may be secured by a mortgage of or security interest in any property owned by the corporation or
any interest of the corporation in any property and by a pledge of revenues to be derived from
operation of the corporation's facilities as a first and prior lien thereon or as a lien subordinate to
the costs of operation and maintenance of the facilities. The bonds must be in an amount, and shall
mature, as provided by resolution of the board and may be issued in one or more series and shall
bear a date or dates, bear interest at a rate or rates, be in a denomination or denominations, be in
the form either coupon or registered, carry the conversion or registration privileges, have rank or
priority, be executed in the manner, be payable in medium of payment at the place or places, and
be subject to the terms of redemption, with or without premium, as the resolution may provide.
The bonds may be sold at public or private sale at a price or prices determined by the resolution.
Notwithstanding any law to the contrary, the bonds must be fully negotiable. The corporation
may enter into the covenants the board, by resolution, shall deem necessary and proper to secure
payment of the bonds. The revenue bonds must state on their face that they are not payable from,
nor may be a charge upon, any funds other than the revenues and property pledged or mortgaged
for their payment, nor shall the corporation be subject to any liability on them or have the power
to obligate itself to pay or pay the revenue bonds from funds other than the revenues and property
pledged and mortgaged. No holder or holders of the bonds shall ever have the right to compel
any exercise of any taxing power of the county or any other public body to pay the principal of
or interest on any of them, nor to enforce payment of them against any property other than that
expressly pledged or mortgaged for their payment.
History: 2005 c 125 art 1 s 15

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 15, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.916 FINANCING THROUGH COUNTY.
In addition to the authority granted in section 383B.915, the county may finance any
improvements, equipment, or other property to be operated by the corporation and may issue
bonds for such purposes pursuant to and subject to the procedures and limitations set forth
in section 373.40, 383B.117, 447.45, or other law, as appropriate, whether or not the capital
improvement or equipment to be financed is to be owned by the county or the corporation.
History: 2005 c 125 art 1 s 16; 1Sp2005 c 7 s 33

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 16, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.917 OPEN MEETING LAW; GOVERNMENT DATA PRACTICES ACT.
    Subdivision 1. Data Practices Act. (a) The corporation is subject to chapter 13, the
Minnesota Government Data Practices Act.
(b) "Competitive data," as defined in this subdivision, are nonpublic data pursuant to section
13.02, subdivision 9, or private data on individuals pursuant to section 13.02, subdivision 12.
Competitive data are any type of data that the corporation, in its discretion, determines that if
disclosed could cause competitive disadvantage to the corporation, including causing adverse
effects on the current or future competitive position of the corporation or the entities, facilities,
and operations for which it is responsible. Data discussed at an open meeting of the corporation
retains the data's original classification, including classification as competitive data, as provided
in section 13D.05, subdivision 1, paragraph (c). Any data disseminated by the corporation to the
county shall retain the same classification in the hands of the county, including the classification
as competitive data, as provided in section 13.03, subdivision 4.
(c) A subsidiary, joint venture, association, partnership, or other entity that is formed by the
corporation is not subject to chapter 13, except that if the corporation enters into a contract with
such an entity to perform any functions of the corporation, the corporation shall include in the
contract terms that make it clear that data created, collected, received, stored, used, maintained,
or disseminated by the contracting entity in performing those functions is subject to the same
requirements under chapter 13 as the corporation under this subdivision. However, this section
does not create a duty on the part of the contracting entity to provide access to public data to the
public if the public data are available from the corporation, except as required by the terms of
the contract. Any entity contracting to perform functions of the corporation may classify data as
competitive data as defined in paragraph (b).
    Subd. 2. Open Meeting Law. (a) The board of directors of the corporation is subject to
chapter 13D, the Minnesota Open Meeting Law.
(b) The board may close all or part of a board meeting when discussing competitive data
or considering strategic, business, planning, or operational issues the disclosure of which, in its
discretion, it determines could cause competitive disadvantage to the corporation, including
causing adverse effects on the current or future competitive position of the corporation or the
entities, facilities, and operations for which it is responsible. Meetings of committees of the board
of directors may, at the discretion of the board, be closed to the public.
(c) In addition, the following meetings of the corporation shall be held and shall be open
meetings: (1) an annual public meeting to report on the affairs of the corporation and the goals
for the future, including a report on the health services plan specified in section 383B.918; (2)
meetings of the corporation held during the development and implementation phase of the health
services plan for the purpose of informing the public and receiving public comment; and (3) that
portion of a meeting at which the board of the corporation approves the annual budget prior
to submission to the county board for approval. Meetings held under clause (1) or (2) may be
chaired by a member of the board of directors or a member of the administration as designated by
the board of directors. Except as provided in paragraphs (a), (b), and (c), other meetings of the
corporation are not subject to chapter 13D.
(d) Chapter 13D does not apply to a subsidiary, joint venture, association, or partnership of
the corporation unless such entity has been organized to assume management of the corporation.
History: 2005 c 125 art 1 s 17

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 17, is effective
when the initial board of the corporation is appointed by the county board. Laws 2005, chapter
125, article 1, section 29, as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.918 HEALTH SERVICES PLAN.
The corporation shall prepare, and submit to the county board for review and approval, a
health services plan that draws from a population health needs assessment and delineates the
corporation's role in the community, including education, research, and services to improve
the health status of the community including indigent populations. The health services plan
shall contain a description of how the corporation shall continue to coordinate with the county
to provide health-related services to the residents of Hennepin County, including the indigent
as defined by state and federal law and as determined by the Hennepin County Board of
Commissioners.
History: 2005 c 125 art 1 s 18

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 18, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.919 TORT LIABILITY.
The corporation shall be a "municipality" for purposes of tort liability pursuant to chapter
466; except that chapter 466 does not apply to an action against any subsidiary, joint venture,
association, or partnership of the corporation alleging malpractice, error, mistake, or failure to
cure because of the actions of physicians or other health care providers employed by the entity,
unless that entity has been organized to assume management of the entire corporation.
History: 2005 c 125 art 1 s 19

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 19, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.920 REVENUE RECAPTURE ACT.
The corporation shall be considered a "claimant agency" for purposes of the Revenue
Recapture Act, chapter 270A.
History: 2005 c 125 art 1 s 20

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 20, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.921 PURCHASING.
    Subdivision 1. Public procurement. Notwithstanding any law to the contrary, contracting
and purchasing of goods, materials, supplies, equipment, and services that are included as part of
a contract for the purchase of goods, materials, supplies, equipment, or services are specifically
exempted from sections 383B.141 to 383B.151 and 471.345 to 471.371, or other applicable
laws related to public procurement.
    Subd. 2. Purchasing and service contracts. The corporation may purchase directly or
utilize the services of a nonprofit cooperative hospital service organization, the county, the state of
Minnesota, the University of Minnesota, or any other political subdivision or agency of the state
of Minnesota in the purchase of all goods, materials, and services that the corporation may require.
History: 2005 c 125 art 1 s 21

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 21, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.922 LEGAL COUNSEL.
With respect to the provisions of section 388.051, the corporation shall be deemed a part of
Hennepin County for purposes of the Hennepin County attorney serving as legal counsel to the
corporation; provided, however, that the corporation and the Hennepin County attorney may enter
into an arrangement with respect to the hiring of outside counsel on behalf of the corporation.
The corporation shall reimburse the county for legal services provided by the Hennepin County
attorney, including any and all costs, and the reimbursement shall be credited to the budget
of the Hennepin County attorney.
History: 2005 c 125 art 1 s 22

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 22, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.923 SELF-INSURANCE.
    Subdivision 1. Self-insurance. The corporation may participate in any self-insurance
program established by the county in accordance with section 383B.155.
    Subd. 2. Additional benefits to employees. The corporation may provide for the payment of
additional benefits to employees from their accumulated vacation, sick leave, or overtime credits
if the employees of the corporation and any of its subsidiaries are entitled to the benefits of the
Workers' Compensation Law and have at the time of compensable injury accumulated credits
under a vacation, sick leave, or overtime plan or system maintained by the corporation. The
additional payments to an employee may not exceed the amount of the total sick leave, vacation,
or overtime credits accumulated by the employee and shall not result in the payment of a total
weekly rate of compensation that exceeds the weekly wage of the employee. The additional
payments to any employee shall be charged against the sick leave, vacation, and overtime credits
accumulated by the employee. Employees of the corporation and any of its subsidiaries entitled
to the benefits of the Workers' Compensation Law may receive additional benefits pursuant to
a collective bargaining agreement or other plan, entered into or in effect on or after January 1,
2003, providing payments by or on behalf of the employer, and these additional benefits may be
unrelated to any accumulated sick leave, holiday, or overtime credits and need not be charged
against any accumulation; provided that the additional payments must not result in the payment
of a total weekly rate of compensation that exceeds the weekly wage of the employee. The
corporation and its subsidiaries may adopt rules and regulations consistent with chapter 179, to
carry out the section relating to payment of additional benefits to employees from accumulated
sick leave, vacation, overtime credits, or other sources.
History: 2005 c 125 art 1 s 23

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 23, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.924 HOSPITAL AUTHORITIES.
The corporation shall not be considered a hospital or hospital district subject to section
144.581.
History: 2005 c 125 art 1 s 24

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 24, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.925 TAX-EXEMPT STATUS.
The corporation is an organization exempt from taxation pursuant to chapters 290 and 297A.
History: 2005 c 125 art 1 s 25

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 25, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.926 PREPAID HEALTH PLAN.
The corporation is a county-affiliated public teaching hospital for purposes of section
256D.03, subdivision 4.
History: 2005 c 125 art 1 s 26

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 26, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.927 INTERGOVERNMENTAL TRANSFERS.
For purposes of medical assistance, Medicaid, Medicare, and other public programs,
the corporation shall continue to be a "unit of state or local government" and a "government
owned or operated hospital," and shall be eligible to receive "intergovernmental transfers" and
"certified public expenditures" as may be authorized from time to time by the state of Minnesota
or Hennepin County.
History: 2005 c 125 art 1 s 27

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 27, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.
383B.928 INDIGENT CARE.
    Subdivision 1. Services. The corporation shall provide health care and related services for
the indigent of the county as required by the terms of the lease as specified in section 383B.913,
subdivisions 2 and 3
, consistent with any agreement for payment for those services made with
the county.
    Subd. 2. Funds. Notwithstanding any law to the contrary, the county may provide funds
for the purchase of medical care for the indigent of the county from a provider selected by the
county with or without public bid.
History: 2005 c 125 art 1 s 28

NOTE: This section, as added by Laws 2005, chapter 125, article 1, section 28, is effective
the day after the Hennepin County Board files a certificate of local approval in compliance with
Minnesota Statutes, section 645.021, subdivision 3. Laws 2005, chapter 125, article 1, section 29,
as amended by Laws 2005, First Special Session chapter 7, section 34.

INAPPLICABLE LAWS

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.
History: 1979 c 198 art 4 s 13