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Minnesota Legislature

Office of the Revisor of Statutes

85A.02 POWERS AND DUTIES.
    Subdivision 1. Generally. The board shall possess the powers and shall be charged with the
duties and responsibilities prescribed in this section.
    Subd. 2. Zoological Garden. The board shall acquire, construct, equip, operate and maintain
the Minnesota Zoological Garden at a site in Dakota County legally described in Laws 1975,
chapter 382, section 12. The Zoological Garden shall consist of adequate facilities and structures
for the collection, habitation, preservation, care, exhibition, examination or study of wild and
domestic animals, including, but not limited to mammals, birds, fish, amphibians, reptiles,
crustaceans and mollusks. The board may provide such lands, buildings and equipment as it
deems necessary for parking, transportation, entertainment, education or instruction of the public
in connection with such Zoological Garden.
    Subd. 3. Research. The board may conduct research studies and programs, collect and
analyze data and prepare reports, maps, charts and other information relating to the Zoological
Garden or any wild or domestic animals or may contract for any of such services without
complying with chapter 16C.
    Subd. 4.[Repealed, 1993 c 337 s 20]
    Subd. 5. Gifts, grants, contributions. The board may accept and use gifts, grants or
contributions from any nonstate source. Unless otherwise restricted by the terms of a gift or
bequest, the board may sell, exchange, or otherwise dispose of, and invest or reinvest the money,
securities, or other property given or bequeathed to it from nonstate sources. The principal of
these funds, the income from them, and all other revenues received by it from any nonstate source
must be placed in the depositories the board determines and is subject to expenditure for the
board's purposes, except that expenditures of $25,000 or more must be approved by the full board.
Any additional operating expenses incurred by virtue of capital development projects must be
paid for with funds other than state appropriations.
    Subd. 5a. Employees. (a) The board shall appoint an administrator who shall serve as the
executive secretary and principal administrative officer of the board and, subject to its approval,
shall operate the Minnesota Zoological Garden and enforce all rules and policy decisions of the
board. The administrator must be chosen solely on the basis of training, experience, and other
qualifications appropriate to the field of zoo management and development. The board shall
set the salary of the administrator. The salary of the administrator may not exceed 130 percent
of the salary of the governor; however, any amount exceeding 95 percent of the salary of the
governor must consist of nonstate funds. The administrator shall perform duties assigned by
the board and serves in the unclassified service at the pleasure of the board. The administrator,
with the participation of the board, shall appoint a development director in the unclassified
service or contract with a development consultant to establish mechanisms to foster community
participation in and community support for the Minnesota Zoological Garden. The board
may employ other necessary professional, technical, and clerical personnel. Employees of the
Zoological Garden are eligible for salary supplement in the same manner as employees of other
state agencies. The commissioner of finance shall determine the amount of salary supplement
based on available funds.
(b) The board may contract with individuals to perform professional services and may
contract for the purchases of necessary species exhibits, supplies, services, and equipment. The
board may also contract for the construction and operation of entertainment facilities on the zoo
grounds that are not directly connected to ordinary functions of the Zoological Garden. The zoo
board may not enter into a final agreement for construction of an entertainment facility that is not
directly connected to the ordinary functions of the zoo until after final construction plans have
been submitted to the chairs of the senate Finance and house Ways and Means Committees
for their recommendations.
The zoo may not contract for entertainment during the period of the Minnesota State Fair
that would directly compete with entertainment at the Minnesota State Fair.
    Subd. 5b. Exemptions. The board is not subject to sections 3.841 to 3.843, 15.057, 15.061,
16A.1285, and 16A.28; chapters 16B and 16C, except for sections 16B.35, 16B.55, 16C.06,
16C.08, 16C.09, and 16C.16; and chapter 14, except section 14.386, paragraph (a), clauses (1)
and (3). Section 14.386, paragraph (b), does not apply to the board's actions.
    Subd. 5c. Financial report. The board shall employ a certified public accountant to audit
and examine its financial records each year. The board shall submit to the legislative auditor a
report of the accountant's examination or audit. The legislative auditor shall review the report
and may make additional examinations if these would be in the public interest. The working
papers of the certified public accountant relating to the board must be made available to the
legislative auditor on request.
    Subd. 6. Lands. Lands necessary for any of the purposes enumerated in this section may be
acquired by eminent domain proceedings under the authority of chapter 117.
    Subd. 7. Rules. The board may enact rules governing the efficient protection of the
Minnesota Zoological Garden and the related facilities and the conduct of persons entering therein.
Notwithstanding subdivision 5b, rules shall become effective in the manner provided by law for
the promulgation of rules by state departments and agencies. The violation of a rule promulgated
by the board under this section is a petty misdemeanor. The board may specify that violation of a
designated rule shall be sufficient cause for ejection from the grounds of the Zoological Garden.
    Subd. 8.[Repealed, 1973 c 207 s 6]
    Subd. 9. Federal laws and regulations. The board shall comply with all federal laws and
any rules or regulations prescribed by any agency of the federal government, relating to the
quarantine, transportation, examination, habitation, care, and treatment of wild animals. The
Department of Natural Resources may prescribe rules supplemental to such federal regulations,
relating to the transportation, examination, care, and treatment of wild animals native to this state
held or proposed to be acquired by the board and may inspect all such wild animals as often
and at such times as it shall deem necessary.
    Subd. 10. Wild animal exemption. The board shall not be subject to the provisions of
chapters 17, 19, 97, 98, 99, 100, and 101, and section 343.21, subdivision 8, relating to purchase,
barter, sale, possession, breeding, or transporting wild animals.
    Subd. 11. Operation. The board shall have all powers necessary or convenient to discharge
the duties imposed upon it by law, and to operate the Zoological Garden in the manner which
will best serve the public.
    Subd. 12. Report. The board shall report to the legislature by September 15 of each year on
the activities of the board and the operation of the Zoological Garden. The report must summarize
the activities of the board and the Minnesota Zoological Garden over the preceding fiscal year
ending June 30. The report must be submitted together with the financial report required by
subdivision 5c.
    Subd. 13. Real estate acquisition. The board may acquire by gift, purchase, or condemnation
any real estate, not previously acquired and conveyed to the state by the county of Dakota,
necessary to complete the zoo site as described in Laws 1975, chapter 382, section 12 or to meet
United States Department of Agriculture certification requirements. Funds from the Minnesota
Zoological Garden building account may be expended for the acquisitions.
    Subd. 14. Animals. The board may sell or exchange animals determined by it to be
superfluous to zoo operations, subject to all state and federal regulations.
    Subd. 15. Advertising. The board may provide for promotional and advertising programs
which may be developed and implemented either by Zoological Garden personnel or by contract
with outside personnel and which shall be paid for out of funds other than bond revenues.
    Subd. 16. Lease-purchase; installment purchase. The board may acquire by lease-purchase
or installment purchase contract, transportation systems, facilities and equipment that it
determines will substantially enhance the public's opportunity to view, study or derive information
concerning the animals to be located in the Zoological Garden, and will increase attendance at the
garden. The contracts may provide for: (1) the payment of money over a 12-year period, or over a
longer period not exceeding 25 years if approved by the board; (2) the payment of money from
any funds of the board not pledged or appropriated for another purpose; (3) indemnification of
the lessor or seller for damage to property or injury to persons due primarily to the actions of
the board or its employees; (4) the transfer of title to the property to the board upon execution
of the contract or upon payment of specified amounts; (5) the reservation to the lessor or seller
of a security interest in the property; and (6) any other terms that the board determines to be
commercially reasonable. Property so acquired by the board, and its purchase or use by the board,
or by any nonprofit corporation having a concession from the board requiring its purchase, shall
not be subject to taxation by the state or its political subdivisions. Each contract shall be subject to
the provisions of chapter 16C, relating to competitive bidding, provided that, notwithstanding
subdivision 5b, the board is not required to readvertise for competitive proposals for any
transportation system, facilities and equipment heretofore selected from competitive proposals.
    Subd. 17. Additional powers. (a) The board may establish a schedule of charges
for admission to or the use of the Minnesota Zoological Garden or any related facility.
Notwithstanding section 16A.1283, legislative approval is not required for the board to establish a
schedule of charges for admission or use of the Minnesota Zoological Garden or related facilities.
The board shall have a policy admitting elementary school children at a reduced charge when
they are part of an organized school activity. The Minnesota Zoological Garden will offer free
admission throughout the year to economically disadvantaged Minnesota citizens equal to
ten percent of the average annual attendance. However, the zoo may charge at any time for
parking, special services, and for admission to special facilities for the education, entertainment,
or convenience of visitors.
(b) The board may provide for the purchase, reproduction, and sale of gifts, souvenirs,
publications, informational materials, food and beverages, and grant concessions for the sale
of these items. Notwithstanding subdivision 5b, section 16C.09 does not apply to activities
authorized under this paragraph.
    Subd. 18. Purchasing. The board may contract for supplies, materials, purchase or rental
of equipment, and utility services. Except as provided in subdivision 5b, chapter 16C does not
apply to these contracts.
History: 1969 c 868 s 2; 1969 c 1129 art 10 s 2; 1973 c 207 s 1,4; 1974 c 406 s 60; 1975 c
382 s 2,3; 1977 c 455 s 78; 1979 c 333 s 75; 1980 c 433 s 1; 1985 c 248 s 70; 1Sp1985 c 13 s
204-214; 1987 c 404 s 105; 1988 c 629 s 16; 1989 c 155 s 6; 1989 c 335 art 1 s 73-78; 1995
c 220 s 70; 1996 c 305 art 3 s 7; 1997 c 187 art 5 s 11; 2Sp1997 c 3 s 13; 1998 c 254 art 1 s
20; 1998 c 386 art 2 s 27-30; 1999 c 99 s 11; 2000 c 501 s 3; 2002 c 220 art 8 s 10; 2003 c
128 art 1 s 46; 2004 c 284 art 2 s 10