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86-762 WMITE - C�TV CLERK PINK - FINANCE TF+ COUACII v/ /` CANARV - DEPARTMENT GITY OF SAINT 1 AUL �((n� /n BLUE - MAVOR File NO. u `� �`� �--�, Council Resolution Presented By �^�.�'�`^�-- Referr To Committee: Date Out of Committee By Date RESOLVED, by the City Council of the City of Saint Paul , that Sections 28 , 29 and 30 , Chapter 462, Laws of Minnesota 1986, entitled An Act relating to public and municipal corporations; creating a public corporation to provide health care services, education, research; providing for governance of St. Paul Ramsey Medical Center and creation of a physicians and dentist subsidiary; providing for the imposition and use of certain taxes on lodging; providing for the redesign, reconstruction, and widening of Lexington Avenue; amending Laws 1977, Chapter 402, Section 2 ; Laws 1982, Chapter 523 , Article 25, Section 1 ; proposing coding for new law as Minnesota Statutes , Chapter 246A; repealing Minne- sota Statutes 1984, Section 383A.41 , as amended" a certified copy of which is filed herewith, shall be and said Act hereby is in all things approved; and, be it FURTHER RESOLVED, That the City Council directs the City Clerk of the Council of the City of Saint Paul to forthwith file with the Secretary of State a certificate in form prescribed by the Attorney General stating the essential facts necessary to said approval of said Act hereunder and including a copy of this Resolution of approval of said Act. COUNCILMEN Requested by Department of: Yeas p�eW Nays � Nicosia [n Favor Rettman `� Scheibel �Y �,n,�, _ Against BY redes�o wilson JUN 1 � 1966 Form Approved by City Attorney Adopted by Council: Date Certified Pa-s b Counc'1 S ret By �� ' �y1'�C.d �ic�/c.. S `� '�f��o By� Appr ve y A�favor: Date JUN 1 1 1966 Approved by Mayor for Submission to Council BY - — By ��€�� !�na � i 19$6 . � � � �- 7�� _� o, CITY OF SAINT PAUL "°� ' OFFICE OF THE CITY ATTORNEY � " ° �� ,� wu�um ,� "" 1°" " EDWARD P. STARR, CITY ATTORNEY �r „- ,. � �`'tr,��e�a� 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR �� May 22 , 1986 l�qr �� c.°�N �3�986 J�HN p�£A�'v �V M E M O R A N D U M TO: Councilman John Drew, Chair Legislation Committee FROM: Jane A. McPeak �� Deputy City Attorney RE: St. Paul-Ramsey Medical Center Resolution Al Olson has notified me that the above Resolution has been referred to the Legislation Committee. Since the Resolution did not contain a clause approving the legislation, I have taken the liberty of drafting a new Resolution which may be substituted by Motion at the Committee and Council levels. If you have any questions, please give me a call . JAM: j r Attachment . . �_.�, � - �' � � : CITY OF SAINT P�.UL � G� �� 7�� r ` O�`FZC� OF THE CITY COIINCZL ' -.,�.......,..� s:: �±+�•,�•y • -- Dcte : June 2, 1986 � COM (�li (TTEE REPORT TO = SQ�n�t PQUI City Councii � FR Q I1� = Com[�ii't'eQ ph. LEGISLATION C�-il�1R: JOHN DREW • 1 . Selection of Interim Task Forces on. Legisiative Issues. - DISCUSSED 2. State legislation permitting the establishment of special service. districts in the city and providing taxing and other authority. COMMITTEE RECOMMENDS APPROVAL 3. State .legisiation relating to pubiic and municipal corpora�ions; creating a public corporation to provide heaith care services. _ education, resear.ch. - THE ATTACHED, NEW RESOLUTION WAS SUB- . STITU7ED"�OR THE ONE WHICH HAD BEEN REFERRED TO COMMIT7EE. THE -- COMMITTEE RECOMMENDS APPROVAL OF TtiE NEW RESQLUTION. 4. Approval of minutes of the May 19, 1986 meeting. - APPROVEO . <y � - _{ --- cn-< _�i� � --t,-- . �-;-t � -*t -_:.x � -�n �j v �� --a, �� t� e� • s=t c,-� C��►�- SEVENTH FLOOR � SAIN'r PAUL,MINNESOTA SSI03 �•�• . _ .,, . . . _ _ ___ ____._� ,,.,4�.....�,..:e..��..__. _ _ _ ' � �^ � � � � °� . CERTIFICATE OF A�PROVAL OF SPECIAL LAW I3Y GOVERNING BODY (Pursuant to �linnesota Statutes, 645.U2 and 645.U21) STATE OF �IINNESOTA County of Ramsey TO THE SECRETARY OF STATE OF MINNESOTA: PLEA5E TAKE NOTICE,That the u�idersibned chief clerical officer of the City of Saint Paul _ (name o governmental unit) DOES HEREBY CERTIFY, that in compliance with the provisions of Laws, 19 86, Chapter 462 requiring approval by a * majority vote of the governing body of said local governmental unit before it becomes effective, the City Council � (designate governing body) at a meeting dtily heald on the lOth day of J�e , 19 86 , by resolation C.F. 86-762 did approve said Laws, I986 , Chapter 462 (If other than resolution,specify) Sections 28, 29 and 30 . _.. --- - _. _ _ _. _,�, ____ _ -_ __._ b�- a ma'orit vote of all of the members thereof (�}'es 6 ; Noes � ; Absent or-�t�}g 1 ) and the following additional steps, if any, requir- ed by statute or charter were taken: Resolutiori published in the official paper of the City A copy of the resolution is hereto annexed and made a part of this certificate by reference. , �, �� ,� � � � f - � ��'�, Signed• ; , � � �`I�' Albert B. Olson, City Clerk ,�SEAL `.1 '�; � � ;, (Official designation of officer� � � � �, 1 :i t � j .� , . � i?�� . � .� ,� . ,�� _ (This form prescribed by the Attorney General and furnished by . i , '. �, the Secretary of State as required in �Iinnesota Statutes G45.U21) STATE OF ��NN STOT A *If extraordinary majority is reqtiired by the speciat law insert fraction orpgpd��N `�ILE � JUN 2 7�986 /�.,�,(��,�� S�efiary of State _. ___.�.�. . ..__ ._�,.:.,.,._,��aY.�r:r�._.r.,.........�..,.,,._..�..,.�.`.._..#.<,�,....,.,.,_. , , :�,. .,.... _..,...�,.___ . _ .._ _._ ...... ,��,�,.�.�,�,.�,�_._. � � "'.� �,iY �`rya,.•� � r �� y¢� �ga-"�� .; Y7"=. { � sFi Y . � � � #z.. .-� ... r �t �x ,�t "'�-k , . ,�i'� �; � � ��G, �a �: � �� ` t.>.�.y�i`4,�i x S" '�°� ;j.' . 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' �...., !'' 7, .v z :>: , ,, u.._ , . ..�. . . �.r... .,._ .t,. .,.,._ �.�...,s......,..w`4�41�+� . �... ._.. r� . __� ..r.,.. , .._ , � .ad.-.. >. _ � �� . �� WHITE - GTV CLERK � ��K - �� G I TY O F SA I NT PA U L Council �� CANARV - DEPARTMENT BLUE - MAVOR File N . � Council Resolution j------�, �� , =-�,-�ti Presented y �� i � �`�'' ��- •� ,_-- Re red To (�c-��-s �� Committe : Date �''j �� t of Committee By Date RESOLVED, By the City Council of the City of Saint Paul that Sections 28 ,29 , and 30 , Chapter 462 Laws of Minnesota 1986 , entitled "An Act relating to public a d municipal corporations; creating a public corporat'on to provide health care �ervices, education, rese ch; providing for governance of St. Paul Ramsey Medic Center and creation of a physicians and dentist s bsidiary; providing for the imposition and use of c rtain taxes on lodging; providing for the redesign, reco struction, and widening of Lexington Avenue; amending Laws 977 , Chapter 402 , section 2; Laws 1982 , Chapter 523 , A icle 25 , section 1; proposing coding for new law Minnesota Statutes, Chapter 246A; repealing Minnesota Statutes 1984 , section 383A.41 , as amended. � FURTHER RESOLVED, That he City Council direct the City Clerk of the Council of the City of Saint Paul to forewith file with the Secretary of State a certificat in form prescribed by the Attorney General stating the essential facts ecessary to said approval of said act hereunder and including a cop of this resolution of approval of said Act. COUNC[LMEN Requested by Department of: Yeas Nays Drew nnasanz In Favor Nicosia � Scheibel ' Sonnen A gainst BY ' Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By� A►pproved by Mavor: Date Approved by Mayor for Submission to Council By gY . . . � . . � � �_��, DISTRIBUTION �oP�es�o: L _� , _ , . � � � 4.J �� . ,. . � -.! �� `1 'r1 ='- . n C,a C7 ..._�_ _ ,� �.'r „'� .°�.: ❑ prepare reply for mayor O aP45Fbvaf� ❑ return by—_ _ ❑ note and �eturn ❑ note and fon�vard ❑ follow up by___ ❑ necessary action O LAT tollow u b O contact me p y-- ❑ recommendation ❑ for your information . f�.G— �. �O�c,�,✓ �c- �.� . � .l v ' r�c al��h 0 r 3 ' — � �-�`- -� '� �ec trom date / � ,»,.w�,�� .,.o, � �' ;' '�``'� Office of the Mayor P • �! ' -�� .B 347 Cit Hall, Saint Paul, MN 55102 , It� � Y �; � (612) 298•4323 ��u�'u,�»� � � sl� '+�HITE - C17V CLERK� • • � - . PINK - FINANCE GITY OF SAINT F�AUL ' CAN4RV - DEPARTMEN7 l COUflCIl �]/� ��// BLV E - MAYOR � �� ^- // P' � File N 0. �,,�^ i � , ; Council Resolution i � �4 /. ��. Rresented By ' ." '� � �" Re rred To Committee: Date Q t of Committee BY Date RESOLVED, By the City Council of the` City of Saint Paul that entitled "An Act ' ��public and municipal carporations; creating a public corporation to provide �� services, education, research; providing for governance of � _ � and creation of a physicians and dentist subsidiary; providing for the imposition and use of certain providing for the redesign, reconstruction, � widening of �' � amending Laws 1977, Chapter 402 , section 2; Law� 1982, Chapter 523, Article 25 , section 1; proposing coding for new law as Minnesota Statutes, Chapter 246A; �„ , repealing Minnesota Statutes 1984, section 383A.41, as `� amended. . � FURTHER RESOLVED, That the City Council direct the . City Clerk of the - -- Council-of the City of Saint Patt-1 to forewith file with -the 5ecretary - - of State a certificate in form prescribed by the Attorney General stating the essential facts necessary to said approval of said act hereunder and including a copy of this resolution of approvaZ of said Act. - � � i COUNC[Lh1EN Requested by Department of: Yeas Nays Drew Masanz Nicosia ln Favor Scheibel Sonnen A galOSt BY Yedesco W i lson Form Approved by City Attorney Ado�ted by Council: Date Certified �assed by Council Secretary By F3�� pproved by Ulavor: Date Approved by Mayor for Submission to Council $y sy . ._ _ _.. . , � . . � � ��,�7�0�- . . H. F. No. 1875 CHAPTER No. AN A�T � � 2 relating to public and municipal corporations; -� 3 creatinq a public corporation to provide health care 4 services, education, and research; providinq for 5 qovernance of St. Paul Ramsey Medical Center and 6 creation ot a physicians and dentists subsidiary; 7 providinq for the imposition and use of certain taxes 8 on lodqinq; providinq for the redesiqn, 9 reconstruction, and wideninq of Lexinqton avenue south 10 of Larpeateur avenue; amending Laws 1977, chapter 402, 11 section 2; Laws 1982, chapter 523, article 25, section 12 l; proposinq coding tor new law as Minnesota Statutes, 13 chapte� 246A; repealing Minnesota Statutes 1984, 14 section 383A.41, as amended�. . 15 16 BE IT ENACTED HY TSE LEGISLATURE OF TSE STATE OF MINNESOTA: 17 Section 1. [246A.01] (DEFINITIONS. � 18 Subdivision 1. [TERMS. J For the purposes of sections 1 to 19 27, the terms detined in this section have the meanings given 20 them unless the context clearlv indicates otherwise. 21 Subd. 2. [CORPORATION. ] "Corporation" means the public 22 corporation created by section 2. � 23 Subd. 3. (HOSPITAL SUBSIDIARY CORPORATION. I "Aospital 24 subsidiary corporation" means the subsidiary corporation created 25 pursusnt to section 6, subdivisions 1, clause (9) , and 3, and 26 charqed with the qovernance and operation of the St. Paul Ramsey 27 Medical Center. 28 Sec. 2. [246A.02] (CREATION OF CORPORATiON. j 29 There is created a corporation which shall be public in 30 nature. The corporation shall be known as . . . . . . . . . . . . . . . . . ._. 1 , : . . H. F. No. 1875 . . 1 The purpose of the corporation is to enqaae in the provision and 2 deliverv of health care and related services, includina 3 education and research. 4 Sec. 3. [246A.03� (BOARD OF DIRECTORS. ] 5 Subdivision 1. [GOVERNANCE. J The corporation shall be 6 governed by a board of directors consistin4 of 15 members. The 7 initial members of the board shall be selected as specified in 8 subdivision 2. The terms of office of inembers of the board 9 shall be as provided in the corporation's bylaws. No term of 10 office will exceed three years. 11 Subd. 2. [SELECTION PANEL. ] The chairperson of the Ramsey 12 county board oF commissioners, the chairperson of the St. Paul � 13 Ramsey Medical Center commission, and the chairperson of Ramsey 14 clinic associates shall each appoint three persons to a � 15 selection panel. The selection panel shall name the initial 15 16 members of the board of directors established in subdivision 1. 17 When the initial members oF the board of �directors have taken 18 office, the selection panel shall dissolve. , 19 Subd. 3. [NOMINATIN� COMMITTEE. ] Whenever a vacancy occurs 20 on the board of directors of the corporation, whether through 21 resiqnation, removal, expiration of a director 's term of office, Z2 or otherwise, the board shall appoint a nominating committee 23 composed of five members, at least one of whom shall be a member 24 of the board of commissioners of Ramsey county. The nominating 25 committee shall meet as soon as practicable for �the purpose of 26 nominating individuals to fill the vacancy. The nominating 27 committee shall nominate two candidates in the event there is 28 one vacancy on the board and 1-1/2 candidates for each vacancy 29 should there be more than one vacancy to be filled. In the 30 event an odd number of positions on the board is vacant, the 31 nominating committee is authorized to propose the next highest 32 whole number of candidates when applying the foregoing formula. 33 The board shall elect individuals to fill any vacancy from those 34 individuals nominated by the committee, hut no director may vote 35 if that director ' s position is to be filled by the election. 36 Subd. 4. [QUORUM. J Unless otherwise specified in the 2 �� -7�- , H. F. No . 1875 1 bylaws, eight members of the board of directors .constitutes g 2 quorum for the transaction of business. 3 Subd. 5. [80ARD MEETINGS. ] Except when the bylaws 4 prescribe otherwise: 5 (1) notice of every meetina shall be aiven; 6 . (2) an act of the ma�ority of the directors present at a 7 meeting at which a quorum is present is the act of the board, � 8 except that a vote of a majority of the board shall be reQUired 9 to adopt the annual budget or to hire or discharae the chief . 10 executive officer; 11 (3) (a) A conference among directors, or amonq members of 12 any committee designated by the board of directors, by anv means 13 of� communication through which the participants caav � 14 simultaneously hear each other during the conference, 15 constitutes a cneeting of the board, or the committee, if the 16 same notice is qiven of the conference as would be required for 17 a meeting, and if the number of person participating in the 18 conference would be sufficient to constitute a quorum at the . 19 meetinq. Participation in a meetinq in this manner constitutes 20 personal presence at the meetinq. Except as authorized by 21 section 16, subdivision 2, if a meeting i� conducted pursuant to 22 this clause, a location and means by which members of the public 23 may listen to the meeting shall be provided, and where such a 24 meeting includes visual media, means by which members of the 25 public__may observe .the meeting shall be provided. Notice of the 26 meeti� shall be provided and it shall specify that location, as 27 well as the electronic method to be used. 28 (b) A director may participate in a meeting of the board or 29 any committee designated by the board not described in paragraph 30 (a) by any means of communication through whi�h the director, 31 other persons so participating, and all persons phvsically 32 present at the nteetinq mav simultaneously hear each other during 33 the meeting. Participation in a meeting in this manner 34 constitutes personal presence at the meeting. 35 Sec. 4. [ 246A.04j (OFFICERS. I 36 Subdivision 1. [ELECTION, APPOINTMENT. J (a) Unless the 3 H. F. No . 1875 1 bylaws provide otherwise, the board of directors shall elect 2 persons to exercise the functions of the offices of president, 3 secretary, and treasurer and may elect or appoint any other 4 officers and aqents deemed to be necessarv. 5 (b) Unless the bylaws prescribe that only directors mav be 6 officers, officers need not be directors. 7 (c) Any of the offices or functions of the offices mav be 8 held or exercised by the same person. 9 Subd. 2. [QUALIFICATIONS. ] The president, secretary, and 10 treasurer shall be adult natural persons. The bylaws mav 11 prescribe special qualifications for these offices. 12 Subd. 3. [REMOVAL. � An officer may be removed, with or ' 13 without cause, by the persons authorized to elect or appoint 14 officers. The removal is without preiudice to the officer's 15 contract rights. 16 Subd. 4. [AUTHORITY, DUTIES. J (a) Officers have the 17 authority and duties in the management of the business of the 18 corporation that the bylaws prescribe or, in the absence of the 19 prescription, as the board of .directors determines. 20 (b) An officer shall discharge the duties in aood faith and 21 with the diliqence and care which an ordinarily prudent person, 22 in a like position and under similar circumstances, would 23 exercise. 24 Sec. 5. [246A.05] [BYLAWS. ) 25 Subdivision 1. [HOARD ADOPTS OR AMENDS. ) The boar� of 26 directors may adopt or amend bylaws which may contain any 27 provision for the purpose of administerina and regulating the 28 affairs of the corporation not inconsistent with law. 29 Subd. 2. [PROCEDURE AND NOTICE. ] The procedure for 30 amending the bylaws shall be specified in the bylaws. Notice of 31 the meeting at which the amendment shall be. considered and 32 notice of the amendment shall be qiven as provided in the bylaws. 33 Sec. 6. [246A.06] (CORPORATE POWERS. ] 34 Subdivision 1. [AUTHORITY AND POWERS OF THE BOP,RD. J The 35 corporation, through its board of directors, shall have the 36 authority and all necessary power to do the followina: 4 � . • . �� `�� H. F. No . 1875 1 �1) prepare an annual budQet ctovernina the•affairs of the 2 .corporation; 3 (2) hire and discharge a chief executive officer and 4 assistants or other employees deemed necessary to carrv out the 5 corporation's affairs; � 6 �3) establish personnel policies and a system of personnel 7 management governing the employees ot the corporation; 8 (4) acquire, encumber, hold, and convey through lease, � 9 purchase, gift, or otherwise any property, either real or � 10 personal; 11 (5) contract for the purchase of or furnishina of inedical 12 care and services, including the furnishing of inedical care for � 13 the indigent; � 14 (6) enter shared service and other cooperative ventures; 15 (7) join or spon�or membership in organizations intended to 16 benefit the hospital or hospitals in general; 17 (8) enter partnerships; . 18 (9) incorporate other corporations, both for prafit and not . . 19 for profit; ,� • 20 (10) have meiabers of its governinq authority or its 21 officers or administrators serve as directors, officers, or 22 employees cf the ventures, associations, or �orporations; 23 (11) own shares of stock in business corporations; 24 (12) offer, directly or indirectly, products and services 25 of the hospital, organization, association, partnership, or • 26 corpo�ation to the general public; _ 27 (13) sue and be sued; 28 s14) continue as a public corporation perpetually; 29 (15) enter into obligations or contracts and do any act 30 incidental to the transaction of its business or expedient to 31 its purposes, including purchasing insurance; 32 (16) acauire, hold, mortgage, pledqe, or dispose of shares, � 33 bonds, securities, and other evidences of indebtedness of any 34 domestic or foreian corporation, either profit or nonprofi•t and 35 either public or private, and, if the owner thereof, to exercise 36 all the riahts, powers, and privileges of ownership, including 5 - H. F. No. 1875 1 the riqht to vote; • 2 (17) conduct its affairs within and without this state; 3 (18) merqe and consolidate with other corporations, 4 domestic or foreign, organized for related purposes; 5 (19) make donations to other corporations, domestic or 6 � foreign, organized for related purposes; 7 ( 20) be a member of other corporations, whether domestic or 8 foreign; 9 (21) obtain funds necessary for its operations by borrowing 10 upon terms and conditions which the corporation finds to be in 11 its best interests; 12 (22) accept from the United States, the state ot Minnesota � 13 or its agencies or political subdivisions of government, and . g 14 from private sources land, money, or other assistance; 15 (23) take any action relative to the delivery of health 16 care services which could be taken by a nonprofit corporation 17 under chapter 317, and shall, when so acting, have, in addition 18 to anv authority vested bv law, the authority and legal capacity . 19 of a nonprofit corporation under chapter 317; , . 20 (24) pay a per diem �and expenses to the members of _the 21 board of directors; and 22 (25) exercise any power conferred upon a private_nonprofit 23 corporation by chapter 317. 24 Subd. 2. [OTSER POWERS. ] The coruoration shall have all 25 the powers necessary and convenient for the operation, 26 administration, management, and control of the corporation' s 27 atfairs. The enumeration of specific powers in this chapter is 28 not intended to restrict the power of the corcoration to take 29 any action which in the exercise of its discretion is necessary 30 or convenient to further the purposes for which the corporation 31 exists, and that is not otherwise prohibited by law, whether or 32 not the power to take the action is necessarily implied from the 33 powers expressly granted. 34 � Subd. 3. [SUBSIDIP,RY CORPORATIONS. � Pursuant to the 35 authority granted to the corporation in subdivision 1, clause 36 (9) , the corporation shall, at a minimum, create two subsidiary 6 �. - � . � . � - � �r�=�-7��. H. F. No. 1815 1 coroorations. One subsidiary corporation shall •be charqed with . 2 the aovernance and operation of tihe St. Paul Ramsey Medical 3 Center. The other subsidiary corporation shall be an 4 association of phvsicians and dentists. Both subsidiaries shall 5 be governed by boards of directors that are elected bY_the 6 corporation's board of directors. The bylaws of both 7 subsidiaries must be ratified by the corporation's board of 8 directors prior to taking effect. 9 Subd. 4. [EXCEPTION TO OTHER LP,W. j Notwithstanding any law 10 to the contrarv, the hospital subsidiary corporation shall not 11 be subject to the provisions of chapter 179A and sections 12 471.345 to 471.37. Notwithstanding any law to the contrary, any 13 organization, association, partnership, or corporation created 14 by, controlled by, or oaned by the corporation shall not be 15 subject to the provisions of chapters 13 and 179A, and sections 16 471.345 to 471.37 and 471.705. � � 17 Sec. 7. [246A.07] (CORPORATE SEAL. ] 18 The corporation shall not have a corporate seal. 19 Sec. 8: [246A.08] [ANNUAL MEETING. ] • � 20 Each vear the corporation shall hold a meeting which must 21 be open to the public. At this meeting the board of directors 22 and the chief executive officers of the corporation shall report 23 on the aftairs of the corporation and goals for the future. 24 Sec. 9. (246A.09] [ANNUAL AUDIT. J . 25 Each year an audit must be conducted regarding the 26 corporation's finances. The audit must be conducted by an 27 independent accountant selected by the board of directors and be 28 performed in accordance with generally accepted accountinq ^ 29 practices and auditing standards. The audit report must be 30 available for public inspection. 31 Sec. 10. (246A.1OJ [PUHLIC DEPOSITORY. ] 32 The cornoration shall have jurisdiction over its accounts 33 and payrolls and shall establish and maintain a public 34 depository. The depository must be subject to chapter 118, 35 except that the corporation shall determine the appropriate 36 security. The corporation shall establish and maintain all 7 H. F. No . 1875 1 necessary accounts. The corporation mav establish reserve 2 accounts, depreciation accounts, and workina capital funds in 3 order to ooerate on an accrual basis. 4 Sec. 11. [246A.11] [TRANSFER OF ASSETS. ] 5 Subdivision 1. [TRANSFER. � Notwithstandinq any other law 6 to the contrarv, Ramsev county and the city of St. Paul, or 7 either of them, may lease anv ropertv, real or ersonal, 8 acquired by either or both for the establishment, o eration, or 9 maintenance of St. Paul .Ramsev Medical Center, created by 10 section 383A.41, or that has been turned over to the center for 11 its use; however, the lease must only be to the cornoration or 12 one of its subsidiaries. ' 13 Subd. 2. [NO ADVERTISING OR BIDS. ] In the event Ramsev 14 county and the citv of St. Paul, or either of them, choose to � 15 exercise the authoritv aranted in subdivision 1, they may do so 16 without first advertisina for bids and without receiot of anv 17 bids. 18 Subd. 3. [CORPORATE STATUS. ] The corporation shall be 19 considered a "public cor�oration" for purposes Qf section .� 20 465.035. 21 Subd. 4. (REQOIREMENTS OF TRANSFER. ] Zn the event Ramsev 22 county and the city of St. Paul, or either of them, choose to 23 exercise the suthoritv aranted in subdivision 1, the lease must 24 also address the followina: � 25 �l) continued primary use of the ro erty for health and 26 hospital services; 27 (2) indigent care; and 28 (3_) consideration to be paid for the ro ertv. 29 Subd. 5. [PROPERTY TRANSFER TO CORPORATION. J All property, 30 both real and personal, that is held bv the St. Paul Ramsey 31 Medical Center commission on the effective date of sections 1 to 32 27 is transferred to the corooration. 33 Sec. 12. [246A.12J (TRANSITIONAL PROVISIONS; STATUS OF 34 PRESENT EMPLOYEES. J 35 Subdivision 1. [EMPLOYEE TRP,NSFER. j All employees of the 36 St. Paul Ramsey Medical Center commission, section 383A.41, 8 � - � : � . � - � (��-7�.� � � H. F. No . 1875 1 shall be transferred to the hospital subsidiary •corporation. 2 Subd. 2. [CURRENT POSITIONS. ] Each person holdinq a 3 position with the St. Paul Ramsey Medical Center commission who 4 has acquired permanent tenure or who was serving a probationary 5 period on the effective date of this section may retain 6 employment, seniority, and accrued benefits, including 7 participation in deferred compensation programs. These persons 8 shall not be subject to the Ramsey county civil service 9 personnel system law and the rules related to it. 10 Subd. 3. [CHARITABLE HOSPITAL ACT. j Employees of the 11 hospital subsidiary corporation shall be subject to the 12 charitable hospitals act, sections 179.35 to 179.39. � 13 Subd. 4. (BARGAINING iJNITS. J The hospital subsidiary 14 corporation shall recognize existing barqaining units organized 15 by employeea of the St. Paul Ramsey Medical Center commission. 16 The hospital subsidiarv corporation shall recoqnize all curr�nt 17 labor agreements and the terms of those agreements shall remain 18 in force until the agreements expire by their terms. . 19 Subd. 5. [RETIREMENT EXCLUSSON. ] Persons initially 20 employed by the hospital subsidiary corporation following the 21 effective date of this section shall be excluded from the 22 definition of "public employee" pursuant to the public employees 23 retirement a�t, chapter 353. 24 Subd. 6. [RETIREMENT ELECTION. ] All employees presently 25 members of the public em loyees retirement aasociation 26 transferred to the hospital subsidiary corporation pursuant to 27 subdivision 2 shall continue to be included in the definition of 28 "public employee" pursuant to the public emoloyees retirement 29 act, chapter 353. The transferred employees shall not have the 30 election to terminate their participation in the public 31 emplovees retirement association created pursuant to chapter 353 32 prior to June 30, 1987. 33 Subd. 7. (POLITICAL SUBDIVISION. J Solely for the purpose 34 of establishing equitable compensation relationships, the 35 hospital subsidiary corporation shall be considered a political 36 subdivision pursuant to Laws 1984, chapter 651. Unless 9 ' H. F. No. 1875 1 expressly provided oth�rwise in sections 1 throuah 29, this 2 subdivision shall not be construed to mean that the hospital 3 subsidiary corporation is a political subdivision for anv other 4 purpose. 5 Sec. 13. [246A.13] [TRP,NSFER OF RIGHTS. ] 6 Subdivision 1. (CORPORATION AS CONTINUATION OF 7 COMMISSION. ] The hospital subsidiary corporation created . by . 8 section 2 shall be considered a continuation of the Saint Paul , 9 Ramsey Medical Center commission and not the creation of a new 10 authority. The subsidiary corporation succeeds to all riqhts 11 and contractual obligations of the commission with the same 12 force and effect as if those riahts and obliaations had been 13 continued in the commission itself. � 14 Subd. 2. (PENDING MATTERS. J The hospital subsidiarv 15 corporation ntay conduct and complete a leaal action, 16 administrative proceeding, or other matter commenced by the 17 Saint Paul Ramsey Medical commission before the effective date 18 of sections 1 to 27, and still pendina on that date, in the same 19 manner, under the same conditions, -and with the same effect as 20 though the action, proceedinv, or other matter were conducted or 21 completed by the con�aission. 22 Subd. 3. [TRANSFER OF DOCUMENTS REQUIRED. j The Saint Paul 23 Ramsey Medical commission shall transfer and deliver to the 24 hospital subsidiary corporatioa all contracts, books, bonds, � 25 plans, papers, records, and other property of every description 26 within the iurisdiction or control of the commission. 27 Subd. 4. (TRANSFER OF FUNDS. ] All unspent tunds 28 appropriated to the Saint Paul Ramsev Medical Center commission 29 are transferred and appropriated to the hospital subsidiary 30 corporation. 31 Sec. 14. (246A.14] [LEGAL COUNSEL. ] � 32 The corporation and its subsidiaries mav retain the Ramsey 33 coun_ty attorney as its attorney and legal advisor. If leaal . 34 services are provided by the Ramsey county attorney, the 35 corporation and its subsidiaries shall reimburse Ramsey county 36 for the services and the reimbursement is ta be credited to the 10 � . _ _ (�`-�`7'�� H. F. No . 1875 1 budqet of the Ramsey county attorney, • 2 Sec. 15. [246A.15] [BONDING AUTHORITY. ] 3` Subdivision 1. �MUNICIPALITY. ] The corporation shall be 4 considered a "municipality" pursuant to section 475.51, 5 subdivision 2, for purposes of bond issuance and shall have all 6 the authority conferred on municipalities by chapter 475 unless 7 that authority ia modified in this section. 8 Subd. 2. [SALE OF HONDS. ] Notwithstanding any enumerated 9 powers, the corporation may issue and sell revenue bond� or 10 other revenue obligations to finance capital improvements or for 11 the acquisition and betterment of additional facilities to be 12 utili'zed for the delivery of health care and related research or ' 13 for other proper corporate purposes. The revenue bonds or other ..- 14 revenue obligations must be payable solely from all or a portion 15 of the revenues of the corporation. �16 Subd. 3. (SECURITY FOR BONDS. ] The bonds may be �ecured by 17 a mortqage of the site and facilities, or any part of it. The 18 bonds must be in an amount and shall mature as provided by • . . 19.� resolut�ion of the board of directors and may be isaued in one or � 20 more series and shail bear a date or dates, bear interest at a 21 rate or rates, be in a deaomination or denominations, be in the � 22 form either coupon or regi�tered, carry the conversion or 23 registration privileaes, have rank or priority, be executed in 24 the manner, be payable in medium of payment at the place or 25 olaces, and be subject to the terms of redemption with or 26 without premiwa as the resolution may provide. The bonds may be 27 sold at public or private sale at a price or prices determined 28 by the resolution. Notw�thstanding any law to the contrary, the 29 bonds must be gullv neaotiable. The corporation may enter into 30 the covenants the board by resolution shall deem necessary and 31 oroper to secure payment of the bonds. The revenue bonds must 32 state on their face that they are not payable from nor may be a 33 charae upon any funds other than the revenues and property 34 pledqed or mortaaged for their cavment, nor shall the 35 corporation be subject to any liability on them or have th_e 36 power to obligate itself to pay or Day the revenue bonds from 11 , H. F. No . 1875 1 funds other than the revenues and procerty pledaed and 2 mortqaaed. No holder or holders of the bonds shall ever have 3 the riqht to compel any exercise of any taxing powe.r of Ramsev 4 county or any other public body to pay the principal of or 5 interest on any of them, nor to enforce pavment of them avainst 6 any property of Ramsey county, the corporation, or any other 7 public body other than that expressly pledged or mortgaged for 8 their payment. 9 Sec. 16. [246A.16] [OPEN MEETSNGS. j 10 Subdivision 1. (CORPORP,TION AND HOSPITAL SUBSIDIP,RY ' 11 SUBJECT TO OPEN MEETING LAW. j The corporation and the hospital 1Z subsidiary corporation shall each be a "public body" for 13 purposes of the Minnesota open meeting law, section 471.705. � ... 14 Subd. 2. (HOARD ACTION. ] Notwithstanding any law to the 15 contrary, the corporation and the hospital subsidiary 16 corporation may meet in closed session to discuss and take 17 action on specific matters involvinq contracts or marketinq 18 activity in cases where the corporation or its subsidiaries are • 19 . in competition with health care providers that offer similar _ 20 qoods or services, and where the disclosure of infqrmation 21 pertaining to such matters would cause harm to the competitive 22 position of the corporation or its subsidiaries. 23 Subd. 3. [CLOSED MEETINGS; RECORDING. J The board of 24 directors may by a majority vote in a public meeting decide tc 25 hold a closed meeting pursuant to subdivision 2. The time of 26 commencement and place og the closed meeting shall be announced 27 at the public meeting. A written roll of inembers present at the 28 closed meetinq shall be made available to the public after the • 29 closed meeting. The proceedings of a closed meeting shall be 30 tape . recorded at the expense of the board of directors and shall 31 be preserved by it for two years. The data on the tape are 32 considered nonpublic data pursuant to Minnesota Statutes, 33 section 13.02, subdivision 9. 34 Sec. 17. [246A.17J (GOVERNMENT DATA PRP,CTICES ACT. J 35 Subdivision l. (POLITICAL SUBDIVISION. ] The corporation 36 and the hospital subsidiary corporation shall each be a 12 H. F. No . 1875 1 chapter 353. • 2 Sec. 21. [ 246A.21j [EMPLOYEE SALARY LIMITS AND 3 COMPENSATION. ] � 4 Subdivision l. [EMPLOYEE SALARIES. j Notwithstandinq 5 section 43A.17, subdivision 9, or anv other law to the contrarv, 6 the corporation and its subsidiaries have the discretion to set 7 all employee salaries at levels which are considered a� ro riate 8 by the respective boards of directors. 9 Subd. 2. (EMPLOYEE COMPENSATION; CONSTRUCTION AND BUILDING 10 TRP,DE. � The total compensation packaae, includinq wage plus il benefit rates, of all employees that are members of a 12 construction or building trade for which there is a aenerallv � 13 established and recognized scale of waaes inside the countv, 14 shall be equal to the total compensation packaae of rivate 15 sector construction trade employees within the county as 16 established bv collective bargaininq aareements. 17 Sec. 22. [246A.22� (WORKERS' COMPENSATION. ) 18 Subdivision l. [SELF-INSURANCE. ] The corporation and its 19 subsidiaries are permitted to self-insure their liabilitv 20 pursuant to section 176.181, subdivision 2. ' 21 Subd. 2. [HENEFITS. ] The appointing authority may provide 22 for the payment of additional benefits to emplovees from their 23 accumulated vacation, sick leave, or overtime credits if the 24 employees of the corporation and any of its subsidiaries are 25 entitled to the benefits o€ the workers' compensation law and 26 have at the kime of compensable injury accumulated credits under 27 a vacation, sick leave, or overtime plan or system maintained by 28 the corporation by which they are employed. The additional 29 payments to an employee may not exceed the amount of the total 30 sick leave, vacation, or overtime credits accumulated bv the 31 e�loyee and shall not result in the payment of a total weekly 32 rate of compensation that exceeds the weeklv wage of the 33 emQloyee. The �additional payments to any employee shal�l be 34 charged aqainst the sick leave, vacation, and overtime credits 35 accumulated by the employee. Employees of the corporation and 36 a�of its subsidiaries entitled to the benefits of the workers ' 14 _ _ _ _ _ .. .. _.�..s. , . , ��'�lOe� - H. F. No. 1875 . 1 �olitical subdivision" for purposes of the Minrresota aovernment 2 data practices act, chapter 13. 3 Subd._2. [TRADE SECRET INFORMATION. j Notwithstandinq any 4 law to the_ contrarv, data concerninq soecific matters involvina 5 contracts or marketina activity in cases -where the Corooration 6 or its subsidiaries are in comuetition with health care 7 providers that offer similar aoods or services are "trade secret 8 information" for purposes of section 13.37, subdivision 2, to 9 the extent disclosure of information pertaininv to such matters 10 would cause harm to the comvetitive nosition of the corporation 11 or its subsidiaries. 12 Sec. 18. [246A.18J [TORT LIAHILITY. J 13 The corporation and the hos�ital subsidiary corporation � 14 shall each be a "municivality" for aurcoses of tort liability 15 pursuant to cha ter 466. 16 Sec. 19. �246A.19) [PURCAASING. J 17 Subdivision 1. [MUNICIPALITY STATUS. j The corporation 18 shall not _be a "munici lity" pursuant to section 471.345, 19 subdivision 1, for the urposes of the uniform munici al 20 contractinq law, sections 471.345 to 471.37. 21 Subd. 2. [SERVICE CONTRACTS. � Notwithstandin4 anv law to 22 the contrarv, the cor�oration mav purchase directiv or utilize 23 the services of a non�rofit c000erative hospital service 24 organization, the citv of St. Paul, the state, the Univer$itv of . ,. 25 Minnesota_, or any other oolitical subdivision or aaencv of the 26 state in the ourchase of all aoods, materials, and services that 27 the cort�oration may recuire. These urchases must be made in 28 compliance with laas of the state, exceDt that Durchase throuah 29 a nonprofit coocerative hospital service oraanization is not 30 subject to sections 471.345 to 471.37. 31 Sec. 20. [246A.20J [PUBLIC EMPLOYMENT. J 32 Unless otherwise provided by sections l to 27, the 33 employees of the cor oration and its subsidiaries are not 34 "public_emplovees" and the cor oration is not a " ublic 35 emplover" for purposes of the ublic em loyment labor relations 36 act, chaater 179A and the public emplovees retirement act, 13 _ _ ____. __ __ __ � _ _ ._ .--.-.�,,, . �� H. F. No . 1875 � 1 compensation law may receive additional benefits pursuant to a 2 collective baraainina agreement or other plan, entered into or 3 in effect on or after January 1, 1980, providing payments by or 4 on behalf of the employer and these additional benefits may be 5 unrelated to any accumulated sick leave, holiday, or overtime 6 credits and need not be charged against any accumulation; 7 provided that the additional payments must not result in the 8 payment ot a total weeklv rate of compensation that exceeds the 9 weekly wage of the employee. The corporation and its . 10 subsidiaries may adopt rules and regulations consistent with 11 chapter 179 to carry out this section relating to payment of 12 additional benefits to employees from accumulated sick ieave, 13 vacatioa, overtime credits, or other sources. � 14 Sec. 23. [246A.23] [DEFERRED COMPENSATiON; INDIVIDUAL 15 ANNUITY CONTRACTS. ] 16 Subdivision l. [DF.E'ERRAL OF COMPENSATION. ] Notwithstanding 17 any law to the contrary, at the request of an employee of the 18 corporation or any. of its subsidiaries, the appointing authority 19 shall bv pavroll deduction deger the pay�aent of part of the � 20 compensation of the employee, a: provided in a written agreement 21 between the employee and the appointing authority, in a manner 22 that will civalitv the deferred antount gor benetits afforded 23 under federal and state tax laws, regulations, and rulings. 24 Subd. 2. [ANNUITY CONTRACT. ] At the request of an employee 25 and as part of the emplovee's compensation arrangement, the 26 corporation, or any ot its sub�idiaries may negotiate and ^ . 27 purchase an individual annuity contract from a company licensed 28 to do business in the state of Minnesota for an employee for 29 retirement or other purposes and may make payroll allocations in 30 accordance with th� arrangecnent for the purpose of paying the 31 entire remium due or to become due under the annuity contract. 32 The allocation shall be made in a manner that will qualify the 33 annuity premiums, or a portion of them, for the benefit afforded 34 under section 403(b) of the Internal Revenue Code of 1954, or 35 anv eauivalent rovisions of subsequent federal income tax law,_ 3� The employee is the owner of the contract and the employee's 15 _ _ _ . _ __ _ _._�.:�,- H. F. No . 1875 1 riqhts under the contract are nonforfeitable except for failure 2 to pav premiums. 3 Sec. 24. [246A.24] [TAX EXEMPT STATUS. ] 4 The corporation is an oraanization exempt from taxation 5 pursuant to chapter 290 and chapter 297A. � 6 Sec. 25. [246A.25] [PREPAID SEALTB PLAN. ] 7 The hospital subsidiary corporation is a county affiliated 8 public teaching hospital for purposes of section 256D.03, 9 subdivision 4. • 10 Sec. 26. [246A.26] [LIMITATIONS UPON CORPORATE POWERS. � 11 Subdivision 1. [ATTEMPTS TO INFLUENCE LEGISLATION. ] The 12 corporation shall not create vrooaaanda or otherwise attem t to 13 influence legislation to such an extent as would result in the 14 Ioss of exemption under section 501(c) (3) of the Internal 15 Reyenue Code of 1954. The corporation shall not artici ate bv 16 the publication or distribution of statements or bv anv other 17 means, in any political campaign on behalf of any candidate for 18 public office. � 19 Subd. 2. [USE OF INCOME. ] No part of the assets or income � • 20 of the corporation shall be used for obiects or purposes which 21 are not exclusively charitable, educational, or scientific under 22 section 501(c) (3) of the Internal Revenue Code of 1954, and the 23 laws of the state of Minnesota. • 24 Subd. 3. [COMPENSATION LIMITATIONS. j No compensation or 25 payiaent shall ever be made or paid to anv officer, director, or 26 trustee or the corporation except as reimbursement for actual 27 expenditures made on behalf of the corooration and as reasonable � 28 com�ensation gor services actually rendered. No part of the net 29 earninqs and assets of the corporation shall inure to the 30 benefit of any private individual, nor shall anv part of the 31- income or assets of the corporation be distributed to or divided � 32 among any private individual as dividends or otherwise. The 33 corporation shall not afford pecuniary gain, incidentally or 34 otherwise, to its members except that the corporation may afford 35 pecuniary gain to any member, as designated in the bylaws, that 36 is a nonprofit corporation described in section 501(c) ( 3) of the 16 _ . . . ' , . �� H. F. No . 1875 1 Internal Revenue Code of 1954. • 2 Subd. 4. [TRANSFER UPON LIQUIDATION. ] In the event of the 3 liquidation or dissolution of the corporation, the net assets of 4 the corporation shall be distributed to an entity qualified for 5 ex�mption under section 501(c) (3) o� the Internal R�evenue Code 6 of 1954 or to any federal, state, or local governmental unit for 7 use by it for public purposes. 8 Sec. 27. (246A.27] [INDIGENT CARE. ] 9 Subdivision 1. [SERVICES. ] The hospital subsidiary 10 corporation shall provide hospital and medical services for the 11 indigent of Ramsey county. The services shall be equivalent to 12 those made available to nonindigent patients. � 13 Subd. 2. [FUNDS. ] Notwithstanding any law to the contrary� �. 14 Ramsey county may provide funds for the purchase of inedical car_e 15 for the indigent of Ramsey county from a provider select�d by 16 the county with or without public bid. 17 Sec. 28. Laws of 1982, chapter 523, article 25, section 1, 18 is amended to read: 19 Section 1. •(HOTEL AND MOTEL TAX. ] . � . 20 A tax, supplemental to the qeneral sales tax imposed by 21 Minnesota Statutes, Chapt�r 297A, is imposed on transient 2t lodging in the city of St. Paul at a rate equal to three percent 23 0�, the consideration paid for lodqing and related services by a 24 hotel, rooming house, tourist court, motel or trailer camp or 25 tor the granting of any similar license to use real property. 26 The tax does not apply to a rental or lease for 30 or more days 27 continuously. This tax superaedes any similar tax imposed 28 pursuant to city charter. The tax shall be collected by and its 29 proceeds paid to the city. l►t-�eest-35 Twenty-five percent of 30 the revenues generated by the tax shall be used for the payment � 31 of the bonds and any interest or premium on the bonds authorized 32 by section 2. Seventy-five percent of the revenues qenerated by 33 the tax shall be deposited in the city's general fund. 34 Sec. 29. Laws 1977, chapter 402, section 2, is amended to 35 read: 36 Sec.• 2. [LEXINGTON AVENUE SOUTH OF LARPENTEUR. ] 17 H. F. No. 1875 1 The city of Saint Paul may �et take or use existing park 2 land for the redesign, reconstruction or wideninq of Lexington 3 avenue south of Larpenteur avenue only if the redesign, 4 reconstruction or widening: 5 (a) does not result in a traveled wav on Lexinaton avenue 6 between Horton avenue and Hoyt avenue areater than 32 feet, 7 except for turning lanes, and 8 (b) is consistent with the Como Park master lan a roved 9 by the metropolitan council. 10 Sec. 30. (VARiANCE NOT REQU2RED. ] il Notwithstanding any other provision of law, the section of 12 Lexington avenue that is located within Como Park in the city of �13 Saint Paul does not require a variance from municipal state-aid . �: 14 engineering standards in order to be redesigned, reconstructed, 15 or widened, and is eligible for inclusion in the money needs of 16 the city on the same basis as other municipal state-aid streets 17 in the city. 18 Sec. 31. [AUTHORITY FOR TAXATION. ] 19 • Notwithstanding Minnesota Statutes, section 477A.016, or , 20 any other law, and supplemental to� the tax imposed by Laws 1982, 21 chapter 523, article 25, section 1, the city of St. Paul may 22 impose, by ordinance, a tax, at a rate not greater than two 23 percent, on the gross receipts from the furnishing for 24 consideration ot lodging at a hotel, rooming house, tourist 25 court, motel, or resort, other than the renting or leasing of 26 space for a continuous period of 30 da�a or more. The tax does 27 not apply to the furnishing of lodging by a business havinq Iess . 28 than 50 lodging rooms. The tax shall be collected by and its 29 proceeds paid to the city. Ninety-five percent of the revenues 30 qenerated by this tax shall be used to fund a convention bureau 31 to market and promote the citv as a tourist or convention center. 32 Sec. 32. [REPEALER. j 33 Minnesota Statutes 1984, section 383A.41, as amended by 34 Laws 1985, chavter 89, section 21, is repealed. 35 Sec. 33. (EFFECTIVE DATE. J 36 Sections 11, 12, 13, and 32 are effective when the initial 18 �. r _ _.. _.. _. __ .. ._... _. �:. ~ - . . , �,� 7�� H. F. No. 1875 1 board of directors take office according to section 3. Sections 2 1 to 10, and 14 to 27 are effective the day after� the Ramsey 3 countv board files a certificate of local approval in compliance 4 with section 645.021, subdivision 3. 5 Sections 28, 29, and 30 are effective the dav after 6 compliance with Minnesota Statutes, section 645.021, subdivision 7 3, by the St. Paul city council. Section 31 is effective the 8 day after final enactment. j r. 19 } . � . . ' • , � . Y t i H. F. No. 18 7 5 ` ' id M. Jenn' gs . Speaker of the e of Representativcs. - , , � erome . Hughes Preside of the Senate. Passcd thc House of Representatives this 17 t h day of M a r C h in the year .of Our Lord one thousand nine hundred and e i g h t y-s i x. �� c��e.'e'/.L� . E azd A. Burdick Chief Clerk,House of Representatrves. Passed the Senatc this 19 t h day of M a r c h in the year of Our Lord onc thousand nine hundsed and e i g h ty-s i x. � , � Patrick E.Flahaven Secretary of the Senate. Approved �,�j �� ` udy P ch Govcrn of tltcStatc of M' csosa. �'6 STATE OF MINNESOTA �'1 DEPARTMENT OF STATE ; � I hereby certify that this is a true and comp�ete`copy of the � � Joan Andcrson Growe documen# as fiied foc record in Secrerary of Star�. this office.� DATED• /� • 19� - , � Secretary of State 20 �. , . . By �