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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1985 

                        CHAPTER 152-S.F.No. 954 
           An act relating to veterans; reestablishing the board 
          of governors of the Big Island Veterans Camp; 
          providing for its appointment and duties; transferring 
          certain state land to the board; providing for the 
          possible disposition of the land by the board; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 197; repealing Minnesota Statutes 1984, 
          sections 197.13; 197.15; 197.16; 197.17; 197.18; and 
          197.19. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [197.131] [BOARD OF GOVERNORS - BIG ISLAND 
VETERANS CAMP.] 
    Subdivision 1.  [CREATION AND MEMBERSHIP.] The board of 
governors of the Big Island Veterans Camp - Lake Minnetonka 
supervises and manages the camp.  The board consists of nine 
members.  Two members each are appointed by the state level 
organization of the American Legion, the Disabled American 
Veterans, the Military Order of the Purple Heart, and the 
Veterans of Foreign Wars provided that at least two appointees 
are Vietnam veterans.  The commissioner of veterans affairs or 
the commissioner's designee may attend and participate in an 
advisory capacity at any of the board meetings.  The term of 
each member of the board is two years or until the appointment 
and qualification of a successor.  The board selects a 
chairperson and secretary from its membership who serve terms of 
one year. 
    Subd. 2.  [VACANCIES AND REMOVAL.] A member of the board 
may be removed at any time by the organization appointing that 
member.  Also, by written notice to the appointing organization, 
the board may remove the member if the member has been absent 
for three consecutive meetings of the board.  To remove a 
member, the board must notify in writing the appointing 
organization and the member after the second consecutive missed 
meeting that the member may be removed if the next meeting is 
missed.  Any vacancy on the board is filled for the remainder of 
the unexpired term in the same manner as the original 
appointment. 
    Sec. 2.  [197.132] [POWERS AND DUTIES.] 
    The board of governors of the Big Island Veterans Camp - 
Lake Minnetonka establishes policies for the proper management 
of the camp.  The board may contract for services needed to 
operate the camp including the services of a manager, may hire 
employees, and may make other expenditures for the procurement 
of materials, services, or equipment necessary for the operation 
of the camp.  Expenditures are made upon the approval of the 
chairperson.  The board must prepare an annual report detailing 
a complete report of financial transactions, usage levels, and 
other activities regarding the management and operation of the 
camp.  Copies of the annual reports must be submitted to each 
appointing organization and to the commissioner of veterans 
affairs.  The board may accept donations, contributions, gifts, 
and bequests of real or personal property that may be made for 
the maintenance or operation of the camp. 
    The board shall make the camp available to veterans using 
the following priorities: 
    (1) qualified disabled veterans and their dependents; 
    (2) qualified veterans, their dependents, and widows of 
qualified veterans who were campers prior to the deed transfer; 
and 
    (3) qualified veterans, their dependents, and widows of 
qualified veterans. 
    The camp must be operated as a family camp for the rest and 
relaxation of veterans and their dependents rather than as a 
program-oriented camp. 
    The board must publicize the camp to the greatest extent 
possible to make the camp's facilities known to Minnesota 
veterans. 
    The board is not a state agency.  The board shall purchase 
liability and related insurance sufficient to indemnify the 
state against all claims arising from the conduct or management 
of the activities conducted by the board, its agents, or 
contractors. 
    Sec. 3.  [197.133] [DISPOSAL OF PROPERTY AND EXPIRATION OF 
THE BOARD OF GOVERNORS.] 
    If a majority of the board determines that the disposal of 
the camp or a portion of the camp is in the best interests of 
Minnesota veterans, or if the camp is not used solely as a camp 
for and by disabled and other veterans and their families and 
operated and maintained in compliance with all state, federal, 
and local laws, the board may dispose of the property at market 
value as provided in this section.  Before disposing of the 
property, the board shall give notice by certified mail to the 
commissioner of veterans affairs of its decision to dispose of 
the property.  The commissioner shall publish the notice in the 
State Register.  Interested governmental agencies have until the 
end of the next legislative session after the notice to 
appropriate money to purchase the property. 
    Proceeds realized from the disposal of the property and any 
assets on hand at the time of the disposal of the property, must 
be placed in an irrevocable trust to be used for the initiation 
or maintenance of veterans programs in the state of Minnesota. 
Trustees must be appointed in the same manner as provided for 
under section 1.  The trustees shall consult with the 
commissioner of veterans affairs to determine the needs of 
Minnesota veterans and provide the commissioner and the 
committee on general legislation and veterans affairs of the 
house of representatives and the committee on veterans and 
general legislation in the senate with an annual written report 
on the trust.  The commissioner must approve all expenditures 
from the trust.  A certified audit of all assets, expenditures, 
and property must be conducted prior to any disposition of any 
assets under the control of the board.  Any board member who 
would benefit directly or indirectly financially from the sale 
of this property must be removed by the board and a successor 
appointed as provided by section 1.  Upon final disposition of 
all assets to the trust, the board must disband.  Should the 
assets of the trust be exhausted, the trust must be terminated. 
     Sec. 4.  [TRANSFER OF TITLE TO BIG ISLAND VETERANS CAMP - 
LAKE MINNETONKA.] 
     The department of administration must transfer the title to 
land, structures, and other appurtenances of Big Island Veterans 
Camp, as described in Minnesota Statutes 1984, section 197.13, 
to the board of governors of the Big Island Veterans Camp - Lake 
Minnetonka by quitclaim deed in a form approved by the attorney 
general.  Prior to the transfer, the legislative auditor shall 
audit all funds of the camp and provide a report of the audit to 
the committee on general legislation and veterans affairs of the 
house of representatives and the committee on veterans and 
general legislation in the senate.  In conducting the audit, the 
legislative auditor shall review, to the extent possible, all 
records of prior donations or appropriations to the camp or 
camp-related groups.  The property is exempt from all taxes so 
long as it is used as a veterans camp.  The transfer must 
include all equipment and nonstate funds currently under control 
of the commissioner of veterans affairs and for use in 
connection with the camp.  All direct costs incurred as a result 
of the transfer must be paid from funds under the control of the 
board of governors of the camp. 
    Sec. 5.  [REPEALER.] 
    Minnesota Statutes 1984, sections 197.13; 197.15; 197.16; 
197.17; 197.18; and 197.19, are repealed. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1 to 5 are effective the day following final 
enactment. 
    Approved May 20, 1985