HF 1802

as introduced - 88th Legislature (2013 - 2014) Posted on 04/29/2013 03:32pm

A bill for an act
relating to government data; classifying certain data relating to the destination
medical center corporation; amending Minnesota Statutes 2012, section 13.792;
proposing coding for new law in Minnesota Statutes, chapter 469.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 13.792, is amended to read:

13.792 PRIVATE DONOR GIFT DATA.

The following data maintained by the Minnesota Zoological Garden, the University
of Minnesota, the Minnesota State Colleges and Universities, the Regional Parks
Foundation of the Twin Cities, State Services for the Blind, new text begin the destination medical center
corporation established pursuant to section 469.41, new text end and any related entity subject to
chapter 13 are classified as private or nonpublic:

(1) research information about prospects and donors gathered to aid in determining
appropriateness of solicitation and level of gift request;

(2) specific data in prospect lists that would identify prospects to be solicited, dollar
amounts to be requested, and name of solicitor;

(3) portions of solicitation letters and proposals that identify the prospect being
solicited and the dollar amount being requested;

(4) letters, pledge cards, and other responses received from donors regarding
prospective gifts in response to solicitations;

(5) portions of thank-you letters and other gift acknowledgment communications
that would identify the name of the donor and the specific amount of the gift, pledge,
or pledge payment;

(6) donor financial or estate planning information, or portions of memoranda, letters,
or other documents commenting on any donor's financial circumstances; and

(7) data detailing dates of gifts, payment schedule of gifts, form of gifts, and specific
gift amounts made by donors.

Names of donors and gift ranges are public data.

Sec. 2.

new text begin [469.41] DESTINATION MEDICAL CENTER CORPORATION
ESTABLISHED.
new text end

new text begin Subdivision 1. new text end

new text begin DMCC created. new text end

new text begin The city shall establish a destination medical
center corporation as a nonprofit corporation under chapter 317A to provide the city with
expertise in preparing and implementing the development plan to establish the city as a
destination medical center. Except as provided in this article, the nonprofit corporation
is not subject to laws governing the city.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The corporation's governing board consists of nine
voting members, as follows:
new text end

new text begin (1) the mayor of the city, or the mayor's designee, subject to approval by the city
council;
new text end

new text begin (2) a member of the city council, selected by the city council;
new text end

new text begin (3) a member of the county board, selected by the county board;
new text end

new text begin (4) two representatives of the medical business entity defined in section 469.40,
subdivision 7, appointed by the city council from among five candidates nominated by the
medical business entity;
new text end

new text begin (5) two representatives of the city business community other than the medical
business entity, appointed by the city council from among five candidates nominated by
the Rochester Area Chamber of Commerce; and
new text end

new text begin (6) two members, appointed by the governor.
new text end

new text begin (b) Appointing authorities must make their appointments as soon as practicable after
the effective date of this section.
new text end

new text begin Subd. 3. new text end

new text begin Bylaws. new text end

new text begin The corporation shall adopt bylaws governing the terms of
members, filling vacancies, removal of members, selection of officers and other personnel
and contractors, and other matters of organization and operation of the corporation.
new text end

new text begin Subd. 4. new text end

new text begin Open meeting law; data practices. new text end

new text begin Meetings of the corporation and any
committee or subcommittee of the corporation are subject to the open meeting law in
chapter 13D. The corporation is a government entity for purposes of chapter 13.
new text end

new text begin Subd. 5. new text end

new text begin Conflicts of interest. new text end

new text begin Except for the members appointed under subdivision
2, paragraph (a), clause (4), to represent the medical business entity, within one year prior
to or at any time during a member's term of service on the corporation's governing board, a
member must not be employed by, be a member of the board of directors of, or otherwise
be a representative of the medical business entity, as defined in subdivision 7. No member
may serve as a lobbyist, as defined under section 10A.01, subdivision 21.
new text end

new text begin Subd. 6. new text end

new text begin Powers; gifts. new text end

new text begin The corporation may exercise any other powers that are
granted by its articles of incorporation and bylaws to the extent that those powers are not
inconsistent with the provisions of sections 469.40 to 469.46. Notwithstanding any law to
the contrary, the corporation may accept and use gifts of money or in-kind and may use
any of its money or assets, other than money or assets received from the city, county, or
state, to develop and implement the adopted development plan.
new text end

new text begin Subd. 7. new text end

new text begin Dissolution. new text end

new text begin The city shall provide for the terms for dissolution of the
corporation in the articles of incorporation.
new text end