HF 1489

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to economic development; creating Northern 
  1.3             Technology Initiative, Inc.; proposing coding for new 
  1.4             law as Minnesota Statutes, chapter 116T. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [116T.01] [DEFINITIONS.] 
  1.7      For purposes of this chapter: 
  1.8      (1) "board" means the board of directors of Northern 
  1.9   Technology Initiative, Inc.; and 
  1.10     (2) "corporation" means Northern Technology Initiative, Inc.
  1.11     Sec. 2.  [116T.02] [CORPORATION; MEMBERS; BOARD OF 
  1.12  DIRECTORS; POWERS.] 
  1.13     Subdivision 1.  [PUBLIC CORPORATION.] Northern Technology 
  1.14  Initiative, Inc. is a public corporation of the state and is not 
  1.15  subject to the laws governing a state agency except as provided 
  1.16  in this chapter.  The business of the corporation must be 
  1.17  conducted under the name "Northern Technology Initiative, Inc." 
  1.18     Subd. 2.  [PURPOSE.] Northern Technology Initiative, Inc. 
  1.19  is a regional economic initiative of Minnesota counties, 
  1.20  townships, home rule charter or statutory cities within 
  1.21  participating counties, economic development groups, state and 
  1.22  federal agencies, public and private post-secondary 
  1.23  institutions, and businesses.  The project area includes, at a 
  1.24  minimum, the counties of Carlton, Chisago, Isanti, Kanabec, and 
  1.25  Pine, but may be expanded as other contiguous counties elect to 
  2.1   participate.  The purpose of the corporation is to engage in an 
  2.2   integrated, jointly planned economic development effort with a 
  2.3   focus on encouraging growth among existing businesses and 
  2.4   attracting technology companies to the region served by the 
  2.5   corporation.  A home rule charter city, statutory city, county, 
  2.6   township, or other public entity participating in the initiative 
  2.7   may budget public funds for the initiative.  
  2.8      Subd. 3.  [BOARD OF DIRECTORS.] The corporation is governed 
  2.9   by a board of directors consisting of: 
  2.10     (1) a member of the governing body of each participating 
  2.11  county, appointed by the governing body; 
  2.12     (2) a member of the governing body of each participating 
  2.13  home rule charter or statutory city, appointed by the governing 
  2.14  body; 
  2.15     (3) the president of each participating post-secondary 
  2.16  institution; 
  2.17     (4) the commissioner of the department of trade and 
  2.18  economic development or an employee of the department designated 
  2.19  by the commissioner; and 
  2.20     (5) other members as may be provided by the bylaws adopted 
  2.21  and amended in accordance with subdivision 4. 
  2.22  The membership terms, compensation, removal, and filling of 
  2.23  vacancies of members of the board are governed by the bylaws of 
  2.24  the corporation. 
  2.25     Subd. 4.  [BYLAWS.] The board of directors shall adopt 
  2.26  bylaws and publish the bylaws and amendments to the bylaws in 
  2.27  the State Register.  The bylaws must provide for financial and 
  2.28  other contributions by participating entities to cover the 
  2.29  operation of the corporation. 
  2.30     Subd. 5.  [PLACES OF BUSINESS.] The board shall locate and 
  2.31  maintain the corporation's places of business within Carlton, 
  2.32  Chisago, Isanti, Kanabec, or Pine county. 
  2.33     Subd. 6.  [MEETINGS AND ACTIONS OF BOARD.] (a) The board 
  2.34  must meet at least twice a year and may hold additional meetings 
  2.35  upon giving notice in accordance with the bylaws of the 
  2.36  corporation.  Except as provided in subdivision 7, board 
  3.1   meetings are subject to chapter 13D. 
  3.2      (b) A conference among directors by any means of 
  3.3   communication through which the directors may simultaneously 
  3.4   hear each other during the conference constitutes a board 
  3.5   meeting if the number of directors participating in the 
  3.6   conference is sufficient to constitute a quorum for the 
  3.7   meeting.  Participation in a meeting by that means constitutes 
  3.8   presence in person at the meeting. 
  3.9      Subd. 7.  [CLOSED MEETINGS; RECORDING.] The board of 
  3.10  directors may, by a majority vote in a public meeting, decide to 
  3.11  hold a closed meeting for purposes of discussing data described 
  3.12  in subdivision 8 or security information, trade secret 
  3.13  information, or labor relations information, as defined in 
  3.14  section 13.37, subdivision 1.  The time and place of the closed 
  3.15  meeting must be announced at the public meeting.  A written roll 
  3.16  of members present at the closed meeting must be made available 
  3.17  to the public after the closed meeting.  The proceedings of a 
  3.18  closed meeting must be tape recorded.  The data on the tape are 
  3.19  nonpublic data or private data on individuals as defined in 
  3.20  section 13.02, subdivision 9 or 12, whichever is applicable. 
  3.21     Subd. 8.  [APPLICATION AND INVESTIGATIVE DATA.] Financial 
  3.22  data, statistics, and information furnished to the corporation 
  3.23  in connection with assistance or proposed assistance, including 
  3.24  credit reports; financial statements; statements of net worth; 
  3.25  income tax returns, either personal or corporate; and any other 
  3.26  business and personal financial records, are private data with 
  3.27  regard to data on individuals under section 13.02, subdivision 
  3.28  12, or nonpublic data with regard to data not on individuals 
  3.29  under section 13.02, subdivision 9. 
  3.30     Subd. 9.  [CONFLICT OF INTEREST.] A director, employee, or 
  3.31  officer of the corporation may not participate in or vote on a 
  3.32  decision of the board relating to an organization in which the 
  3.33  director has either a direct or indirect financial interest or a 
  3.34  conflict of interest as described in section 10A.07. 
  3.35     Subd. 10.  [TORT CLAIMS.] The corporation is a state agency 
  3.36  for purposes of section 3.736, except the corporation, not the 
  4.1   state, is responsible for paying for any tort liability. 
  4.2      Subd. 11.  [DATA PRACTICES AND RECORDS MANAGEMENT.] The 
  4.3   corporation is subject to chapter 13 and sections 15.17 and 
  4.4   138.163 to 138.226. 
  4.5      Sec. 3.  [116T.03] [CORPORATE PERSONNEL.] 
  4.6      Subdivision 1.  [GENERALLY.] The board shall appoint and 
  4.7   set the compensation for the executive director who serves as 
  4.8   chief executive officer of the corporation.  The compensation of 
  4.9   the executive director may not exceed 85 percent of the 
  4.10  governor's salary.  The board may designate the executive 
  4.11  director as its general agent.  Subject to the approval of the 
  4.12  board, the executive director shall employ staff consultants and 
  4.13  other agents necessary to carry out the mission of the 
  4.14  corporation. 
  4.15     Subd. 2.  [STATUS OF EMPLOYEES.] Employees, officers, and 
  4.16  directors of the corporation are not state employees, but are 
  4.17  covered by section 3.736 and, at the option of the board, 
  4.18  employees may participate in the state retirement plan for 
  4.19  employees in the unclassified service, the state deferred 
  4.20  compensation plan, and an insurance plan administered by the 
  4.21  commissioner of employee relations. 
  4.22     Sec. 4.  [116T.04] [POWERS AND DUTIES OF CORPORATION.] 
  4.23     Subdivision 1.  [GENERAL POWERS AND DUTIES.] (a) The 
  4.24  corporation has the powers granted to a nonprofit corporation by 
  4.25  section 317A.161, except as otherwise provided in this chapter. 
  4.26     (b) Except as specified in section 116T.02, subdivision 10, 
  4.27  the state is not liable for the obligations of the corporation. 
  4.28     (c) Section 317A.161 applies to this chapter and the 
  4.29  corporation in the same manner that it applies to business 
  4.30  corporations established under chapter 317A. 
  4.31     Subd. 2.  [RULES.] The corporation must publish in the 
  4.32  State Register any guidelines, policies, or eligibility criteria 
  4.33  prepared or adopted by the corporation for its programs. 
  4.34     Subd. 3.  [SUPPORTING ORGANIZATIONS.] The board may create 
  4.35  and delegate its power or authority to one or more entities, 
  4.36  including a corporation, nonprofit corporation, limited 
  5.1   liability company, or partnership. 
  5.2      Sec. 5.  [116T.05] [AUDITS.] 
  5.3      The corporation is subject to the auditing requirements of 
  5.4   sections 3.971 and 3.972. 
  5.5      Sec. 6.  [116T.06] [DISSOLUTION.] 
  5.6      In the event of dissolution of the corporation for any 
  5.7   reason, the bylaws must provide for return of the proceeds of 
  5.8   that liquidation and any wholly owned assets of the corporation 
  5.9   to the entities participating in Northern Technology Initiative, 
  5.10  Inc. in exchange for the assumption of all outstanding 
  5.11  obligations of the corporation. 
  5.12     Sec. 7.  [INITIAL BOARD.] 
  5.13     The initial board of Northern Technology, Inc. consists of 
  5.14  the president of Pine Technical College and one member of each 
  5.15  of the governing bodies of Carlton, Chisago, Isanti, Kanabec, 
  5.16  and Pine counties, appointed by the governing bodies.  Members 
  5.17  of the initial board must be appointed within 30 days of the 
  5.18  effective date of this act and must adopt bylaws within 30 days 
  5.19  of the appointment of the last board member appointed under this 
  5.20  section.  Any additional board members required under the bylaws 
  5.21  or section 2, subdivision 3, must take office or be appointed 
  5.22  within 30 days after the adoption of bylaws under this section.