Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 535-S.F.No. 1866 
           An act relating to Lake Superior; establishing an 
          information and education authority. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [PURPOSE.] 
    The legislature determines that it is in the public 
interest and an objective of the state that its citizens and the 
citizens of the world be better informed about the importance of 
preserving and restoring the large freshwater lakes of the 
world, including Lake Superior.  The legislature determines that 
an enhanced public awareness of the vital role which the large 
freshwater lakes play in the ecosystem is an essential element 
in a wider program to provide for the protection and 
preservation of these lakes.  The legislature also determines 
that the transfer of data and scientific findings about the 
large freshwater lakes of the world to the policymakers and 
citizens of the state, our nation, and the world is essential. 
    The legislature determines that as the largest surface of 
fresh water in the world, Lake Superior can function as a focal 
point for transferring information about these large lakes to 
the policymakers and the public, and that the establishment of a 
facility containing appropriate exhibits and other educational 
features to support these objectives and the establishment of 
programs related to them near the shore of Lake Superior in 
Duluth is in the public interest and of advantage and benefit to 
all of the citizens of the state. 
    The legislature is aware that Lake Superior Center, a 
Minnesota nonprofit corporation, is actively engaged in the 
development of a program and plan to meet these objectives and 
is actively engaged in assembling the public and private 
partnership required to secure the resources, international 
participation, and expertise required to create a freshwater 
education center. 
    The legislature finds that objectives of this act can best 
be accomplished by forming a public corporation to be known as 
Lake Superior Center Authority and that Lake Superior Center 
Authority be given the powers, rights, privileges, and 
immunities provided in this act, including the power to 
cooperate and contract with Lake Superior Center to the extent 
and for the purposes provided for in this act. 
     Sec. 2.  [ORGANIZATION.] 
     Subdivision 1.  [ESTABLISHMENT.] The Lake Superior Center 
Authority is established as a public corporation.  The business 
of the corporation must be conducted under the name "Lake 
Superior Center Authority." 
     Subd. 2.  [BOARD OF DIRECTORS.] The corporation is governed 
by a board of five directors.  The term of a director, except as 
otherwise provided below, is six years.  One of the five 
directors is the commissioner of the department of natural 
resources.  The other four members of the board shall be 
appointed by the governor.  Two members of the initial board of 
directors shall be appointed for terms of four years, and two 
for terms of two years.  Vacancies on the board shall be filled 
by appointment of the governor.  Board members shall not be 
compensated for their service as board members other than to be 
reimbursed for reasonable expenses incurred in connection with 
their duties as board members.  This reimbursement shall be 
reviewed each year by the commissioner of finance.  
    Subd. 3.  [BYLAWS.] The board of directors shall adopt 
bylaws necessary for the conduct of the business of the 
corporation, consistent with this act.  The corporation must 
publish the bylaws and amendments to the bylaws in the State 
Register. 
     Subd. 4.  [PLACE OF BUSINESS.] The board shall locate and 
maintain the corporation's place of business within the state. 
    Subd. 5.  [CHAIR.] The board shall annually elect from 
among its members a chair and other officers necessary for the 
performance of its duties. 
    Subd. 6.  [MEETINGS.] The board shall meet at least twice 
each year and may hold additional meetings upon giving notice in 
accordance with the bylaws of the corporation.  Board meetings 
are subject to Minnesota Statutes, section 471.705. 
    Subd. 7.  [CONFLICT OF INTEREST.] A director, employee, or 
officer of the corporation may not participate in or vote on a 
decision of the board relating to an organization in which the 
director has either a direct or indirect financial interest. 
     Subd. 8.  [ECONOMIC INTEREST STATEMENTS.] Directors and 
officers of the corporation are public officials for the purpose 
of section 10A.09, and must file statements of economic interest 
with the state ethical practices board. 
    Subd. 9.  [NO BENEFIT TO PRIVATE INDIVIDUALS OR 
CORPORATIONS.] This corporation shall not afford pecuniary gain, 
incidental or otherwise, to any private individual, firm, or 
corporation (except the payment of reasonable fees for goods and 
services rendered and approved in accordance with the bylaws of 
the corporation) and no part of the net income or net earnings 
of the corporation shall, directly or indirectly, be 
distributable to or otherwise inure to the benefit of any 
individual. 
    Sec. 3.  [POWERS.] 
    Subdivision 1.  [GENERAL CORPORATE POWERS.] (a) The 
corporation has the powers granted to a business corporation by 
Minnesota Statutes, section 302A.161, subdivisions 3; 4; 5; 7; 
8; 9; 11; 12; 13, except that the corporation may not act as a 
general partner in any partnership; 14; 15; 16; 17; 18; and 22; 
and the powers necessary or convenient to exercise the 
enumerated powers. 
    (b) The state is not liable for the obligations of the 
corporation. 
    (c) Minnesota Statutes, section 302A.041 applies to this 
chapter and the corporation in the same manner that it applies 
to business corporations established under Minnesota Statutes, 
chapter 302A. 
    Subd. 2.  [FACILITY DESIGN; DEVELOPMENT AND OPERATION.] The 
corporation may enter into management contracts or lease 
agreements or both with Lake Superior Center, a Minnesota 
nonprofit corporation, to design, develop, and operate a 
facility to further the purposes of this act in the city of 
Duluth, at the site determined by the board and on the terms 
that the board finds desirable.  Notwithstanding the provisions 
of section 2, subdivision 7, relating to the conflict of 
interest, a director or officer of the corporation who is also a 
director, officer, or member of Lake Superior Center, a 
Minnesota nonprofit corporation, and the corporation, may 
participate in and vote on the decision of the board as to the 
terms and conditions of management contracts or lease agreements 
between Lake Superior Center and the corporation.  
    Subd. 3.  [FUNDS.] The corporation may accept and use 
gifts, grants, or contributions from any 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.  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.  
Expenditures of $25,000 or more must be approved by the full 
board. 
     Subd. 4.  [ANIMALS; REGULATION.] The corporation shall 
comply with all federal laws and federal rules or regulations 
relating to the quarantine, transportation, examination, 
habitation, care, and treatment of wild animals.  The department 
of natural resources may prescribe rules supplemental to 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 them as 
often and at the times it deems necessary. 
    Subd. 5.  [ANIMALS; SALE.] The board may sell or exchange 
animals determined by it to be superfluous to operations, 
subject to state and federal regulations. 
    Subd. 6.  [ADVERTISING.] The board may provide for 
promotional and advertising programs to be developed and 
implemented either by its personnel or by contract with outside 
personnel and paid for out of funds other than bond revenues. 
    Subd. 7.  [ADMISSION FEES.] The board or its agent may 
establish admission fees and other charges for use of its 
facilities. 
    Sec. 4.  [EMPLOYEES.] 
    Persons employed by contractors or lessees are not state 
employees and may not participate in state retirement, deferred 
compensation, insurance, or other plans that apply to state 
employees generally and are not subject to regulation by the 
state ethical practices board. 
     Sec. 5.  [ACCOUNTS; AUDITS.] 
      The corporation may establish funds and accounts that it 
finds convenient.  The board shall provide for and pay the cost 
of an independent annual audit of its official books and records 
by the legislative auditor subject to Minnesota Statutes, 
sections 3.971 and 3.972.  A copy of this audit shall be filed 
with the secretary of state. 
    Sec. 6.  [ANNUAL REPORT.] 
    The board shall submit a report to the chairs of the senate 
economic development and housing and the house economic 
development committees of the legislature and the governor on 
the activities of the corporation and its contractors and 
lessees by February 1 of each year.  The report must include at 
least the following: 
    (1) a description of each of the programs that the 
corporation has provided or undertaken at some time during the 
previous year; 
    (2) an identification of the sources of funding in the 
previous year for the corporation and its programs including 
federal, state and local government, foundations, gifts, 
donation, fees, and all other sources; 
    (3) a description of the administrative expenses of the 
corporation during the previous year; 
    (4) a listing of the assets and liabilities of the 
corporation at the end of the previous fiscal year; 
    (5) a description of any changes made to the operational 
plan during the previous year; and 
    (6) a description of any newly adopted or significant 
changes to bylaws, policies, rules, or programs created or 
administered by the corporation during the previous year. 
    Reports must be made to the legislature as required by 
Minnesota Statutes, section 3.195. 
    Sec. 7.  [PROPERTY TAX EXEMPTION.] 
    Property of the corporation is exempt from taxation on its 
value in the same manner as property listed in Minnesota 
Statutes, section 272.02, subdivision 1. 
    Sec. 8.  [DISSOLUTION.] 
    Upon dissolution of the corporation for any reason its 
wholly owned assets become state property.  Partially owned 
assets become state property to the extent that state money was 
used to acquire them. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 26, 1990, 10:51 p.m.