USA Minnesota

USA Statutes : minnesota
Title : RECREATION
Chapter : Minnesota zoo
85A.001 Purpose. It is the intent of the legislature to foster a partnership
between the private sector and the state for the purpose of operating
a zoological garden. The legislature seeks to enable the Minnesota
Zoological Garden to operate independently, efficiently, and
economically and to be active in soliciting nonstate contributions.
The legislature seeks to have the food and beverage facilities at the
Zoological Garden operated in a manner designed to respond to the
food and beverage service demands of visitors while maximizing the
economic benefits accruing to the Zoological Garden from the
operation of food and beverage facilities.
85A.01 Creation; organization. Subdivision 1. Creation. The
Minnesota Zoological Garden is established under the supervision and
control of the Minnesota Zoological Board. The board consists of 30
public and private sector members having a background or interest in
zoological societies or zoo management or an ability to generate
community interest in the Minnesota Zoological Garden. Fifteen
members shall be appointed by the board after consideration of a list
supplied by board members serving on a nominating committee, and 15
members shall be appointed by the governor. One member of the board
must be a resident of Dakota County and shall be appointed by the
governor after consideration of the recommendation of the Dakota
County Board. Board appointees shall not be subject to the advice
and consent of the senate. To the extent possible, the board and
governor shall appoint members who are residents of the various
geographic regions of the state. Terms, compensation, and removal of
members are as provided in section 15.0575.
In making appointments, the governor and board shall utilize the
appointment process as provided under section 15.0597
and consider, among other factors, the ability of members to garner
support for the Minnesota Zoological Garden. A member of the
board may not be an employee of or have a direct or immediate family
financial interest in a business that provides goods or services to
the zoo. A member of the board may not be an employee of the zoo.Subd. 1a. Repealed, 1Sp1985 c 13 s 376 subd 3 Subd. 1b.
Repealed, 1989 c 335 art 1 s 270 Subd. 2. Officers. The
board shall annually elect from among its members a chair and other
officers necessary for the performance of its duties. Subd. 3.State employees. The director, officers and employees are
included in the meaning of state employee under the provisions of
section 352.01,
subdivision 2A. Subd. 4. Board meetings. The board
shall meet at such times and places as it may determine. Subd.
5. Statement of economic interest. Members of the board are
not required to file a statement of economic interest with the state
Campaign Finance and Public Disclosure Board under section 10A.09.

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.
85A.03 Repealed, 1Sp1985 c 13 s 376
85A.04 Zoological Garden accounts operating receipts. Subdivision 1.
Deposit. All receipts from parking and admission to the Minnesota
Zoological Garden shall be deposited in the state treasury and
credited to an account in the special revenue fund, and are annually
appropriated to the board for operations and maintenance. Subd.
1a. Repealed, 1979 c 333 s 108 Subd. 1b. Repealed, 1979 c 333 s
108 Subd. 2. Repealed, 1989 c 271 s 36 Subd. 3. Repealed,
1Sp1985 c 13 s 376 Subd. 4. Zoo concession and revenue
account. All receipts and interest from the operation of zoo
concessions, memberships, and donations must be deposited in a
special account in the special revenue fund and are appropriated to
the board.
85A.05 Minnesota State Zoological Garden bonds. Subdivision 1. Purpose and
appropriation. For the purpose of providing money appropriated to
the Minnesota Zoological Board from the Minnesota Zoological Garden
building account for the acquisition and betterment of public land,
buildings, and improvements of a capital nature, when authorized by
law and requested by the board, the commissioner of finance shall
sell and issue bonds of the state of Minnesota for the prompt and
full payment of which, with interest thereon, the full faith, credit,
and taxing powers of the state are irrevocably pledged. The proceeds
of such bonds shall be credited to the building account, except that
accrued interest and any premium received on sale of the bonds shall
be credited to the state bond fund account referred to in subdivision
4, together with any additional sum directed to be so credited by any
law authorizing an issue of such bonds. Bonds shall be issued
pursuant to this section only as authorized by subdivision 6 or by
another law in accordance with the provisions of the Constitution,
article XI, section 7. Any law authorizing the issuance of bonds in
the manner provided in this section shall, together with this
section, constitute complete authority for such issue, and such bonds
shall not be subject to restrictions or limitations contained in any
other law. Subd. 2. Issuance of bonds. Upon request by
resolution of the Minnesota Zoological Board and upon authorization
as provided in subdivision 1 the commissioner of finance shall sell
and issue Minnesota Zoological Garden bonds in the aggregate amount
requested, upon sealed bids and upon such notice, at such price, in
such form and denominations, bearing interest at such rate or rates,
maturing in such amounts and on such dates, without option of
prepayment or subject to prepayment upon such notice and at such
times and prices, payable at such bank or banks within or outside the
state, with such provisions for registration, conversion, and
exchange and for the issuance of notes in anticipation of the sale or
delivery of definitive bonds, and in accordance with such further
rules, as the commissioner of finance shall determine, subject to the
approval of the attorney general, but not subject to chapter 14,
including section 14.386.
The bonds shall be executed by the commissioner of finance under
official seal. The signature on the bonds and any appurtenant
interest coupons and the seal may be printed, lithographed, engraved,
or stamped thereon, except that each bond shall be authenticated by
the manual signature on its face of the commissioner of finance or of
an officer of a bank designated by them as authenticating agent. The
commissioner of finance shall ascertain and certify to the purchasers
of the bonds the performance and existence of all acts, conditions,
and things necessary to make them valid and binding general
obligations of the state of Minnesota, subject to the approval of the
attorney general. Subd. 3. Expenses. All expenses
incidental to the sale, execution, delivery and other expenses of
bonds pursuant to this section, including but not limited to actual
and necessary travel and subsistence expenses of state officers and
employees for such purposes, shall be paid from the Minnesota
Zoological Garden building account, and the amounts necessary
therefor are appropriated from that account; provided that if any
amount is specifically appropriated for this purpose in an act
authorizing the issuance of bonds pursuant to this section, such
expenses shall be limited to the amount so appropriated. Subd.
4. Minnesota State Zoological Garden bond account in the state
bond fund. The commissioner of finance shall maintain in the
state bond fund a separate bookkeeping account which shall be
designated as the State Zoological Garden bond account, to record
receipts and disbursements of money transferred to the fund to pay
Minnesota Zoological Garden bonds and income from the investment of
such money, which income shall be credited to the account in each
fiscal year. The amounts directed by section 85A.04,
subdivision 2 to be transferred annually to this bond account are
appropriated thereto, and the legislature may also appropriate to the
bond account any other money in the state treasury not otherwise
appropriated. On November 1 of each year there shall be transferred
to the bond account all of the money then available under any such
appropriation or such lesser sum as will be sufficient, with all
money previously transferred to the account and all income from the
investment of such money, to pay all principal and interest then and
theretofore due and all principal and interest to become due to and
including July 1 in the second ensuing year on Minnesota Zoological
Garden bonds. All money so transferred and all income from the
investment thereof shall be available for the payment of such bonds
and interest thereon, and so much thereof as may be necessary is
appropriated for such payments. The state auditor and commissioner
of finance are directed to make the appropriate entries in the
accounts of the respective funds. Subd. 5. Tax levy. On
or before December 1 in each year the state auditor shall levy on all
taxable property within the state whatever tax may be necessary to
produce an amount sufficient, with all money then and theretofore
credited to the Minnesota Zoological Garden bond account, to pay the
entire amount of principal and interest then and theretofore due and
principal and interest to become due on or before July 1 in the
second year thereafter on Minnesota Zoological Garden bonds. This
tax shall be subject to no limitation of rate or amount until all
such bonds and interest thereon are fully paid. The proceeds of this
tax are appropriated and shall be credited to the state bond fund,
and the principal of and interest on the bonds are payable from such
proceeds, and the whole thereof, or so much as may be necessary, is
appropriated for such payments. If at any time there is insufficient
money from the proceeds of such taxes to pay the principal and
interest when due on Minnesota Zoological Garden bonds, such
principal and interest shall be paid out of the general fund in the
state treasury, and the amount necessary therefor is hereby
appropriated, with such sums from tax levies and the general fund
subject to future reimbursement to the bond fund by the Minnesota
Zoological Garden bond account as indicated in section 85A.04,
subdivision 2. Subd. 6. Bond authorization and
appropriations. For the purpose of providing money for the
acquisition and betterment of public land, buildings, and
improvements of a capital nature needed for the Minnesota Zoological
Garden in accordance with the comprehensive plan of the Minnesota
Zoological Board adopted in accordance with section 85A.02,
subdivision 2, the commissioner of finance is directed to sell and
issue Minnesota Zoological Garden bonds in the amount of $23,025,000
in the manner and upon the conditions provided in subdivisions 1 to
5. The commissioner of finance may sell or issue an additional
$2,350,000 of bonds, but no part thereof shall be expended unless
equally matched by other than state appropriations. Any gifts,
grants, or contributions accepted pursuant to section 85A.02,
subdivision 5, other than contribution of lands by governmental
entities, for the establishment or operation of the Minnesota
Zoological Garden, whether in cash or in kind, shall be considered as
matching funds. Noncash items shall be tangible real or personal
property and shall be attributed as matching funds according to their
fair market value at the time of receipt. The bonds may include a
sum representing interest to accrue on the bonds from and after its
date of issue through the anticipated period of construction and
development of the Zoological Garden, which sum is needed for the
payment and security of the interest payments during that period, but
in no event shall the bonds exceed the maximum amount stated above.
The bonds shall be sold, issued, and secured as provided in
subdivisions 1 to 5 and in article XI, section 7, of the
Constitution, except that none of the bonds of any series issued
pursuant to this authorization shall mature earlier than one year
after the date of completion of the Minnesota Zoological Garden and
related facilities as estimated by the Minnesota Zoological Board at
the time of the issuance of such series. The proceeds of the bonds,
except premium and accrued interest, are appropriated to the
Minnesota Zoological Garden building account for expenditure by the
Minnesota Zoological Board for the purpose for which the bonds are
authorized in accordance with the provisions of section 85A.04,
subdivision 2. In order to reduce the amount of taxes otherwise
required by the Constitution to be levied for the payment of interest
and principal on the bonds, there is also appropriated annually to
the Minnesota state zoological bond account in the state bond fund
from the general fund a sum of money sufficient in amount, when added
to the balance on hand on November 1 in each year in the bond
account, to pay all principal and interest due and to become due on
the bonds to and including July 1 in the second ensuing year. The
money received and on hand pursuant to this annual appropriation is
available in the state bond fund prior to the levy of the tax in any
year required by the Constitution and by subdivision 5 and shall be
used to reduce the amount of the tax otherwise required to be levied.

USA Statutes : minnesota