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| Home > Statutes > USA Minnesota |
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USA Statutes : minnesota
Title : RECREATION
Chapter : Lake superior center authority
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85B.01 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 sections 85B.01 to 85B.08
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 sections 85B.01 to 85B.08,
including the power to cooperate and contract with Lake Superior
Center to the extent and for the purposes provided for in sections
85B.01 to 85B.08.
85B.02 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 sections 85B.01
to 85B.08.
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 chapter
13D. 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 Campaign
Finance and Public Disclosure 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.
85B.03 Powers.
Subdivision 1. General corporate powers. (a) The corporation
has the powers granted to a business corporation by 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) Section 302A.041
applies to this chapter and the corporation in the same manner that
it applies to business corporations established under 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
sections 85B.01
to 85B.08
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 85B.02,
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, except that the corporation
may not receive state general fund appropriations to support
operation of the facility. If the facility experiences an operating
deficit, the corporation and any Minnesota nonprofit corporation with
which the corporation enters into management contracts or lease
agreements shall rely upon private or local government sources to
provide operating funds. 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.
85B.04 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 Campaign
Finance and Public Disclosure Board.
85B.05 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
state auditor. A copy of this audit shall be filed with the
secretary of state.
85B.06 Annual report. The board shall submit a report to the chairs of the senate
Jobs, Energy and Community Development and the house Commerce, Jobs,
and Economic Development Policy 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 section 3.195.
85B.07 Property tax exemption. Property of the corporation is exempt from
taxation on its value in the same manner as property listed in
section 272.02.
85B.08 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.
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