165.429 DONATIONS; ACCEPTANCE AND USE BY PUBLIC ENTITY; DISCLOSURE OF INFORMATION.

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Subdivision 1.Definitions.

For the purposes of this section, the terms defined in this subdivision have the meanings given them.

(a) "Public entity" means any state department or agency, including a board or commission thereof, and includes any municipality, county, school district, other political subdivision of the state, or nonprofit corporation with an affiliated relationship with a public entity as defined by section 168.295.

(b) "Publicly owned facility" means any building, structure, or land owned or leased by a public entity which is used to provide services to the general public. "Publicly owned facility" does not include facilities used for the provision of law enforcement services or facilities primarily used by public employees.

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Subd. 2.Acceptance of donations and use of funds; disclosure of information.

(a) A public entity may accept a cash or in-kind donation from any person, business, corporation, nonprofit organization, foundation, or association for the purpose of constructing, remodeling, or equipping a publicly owned facility if the public entity determines that the donation will benefit the public. The public entity shall ensure that the donation is not used to replace appropriated funds, but may use the donation in conjunction with existing funds to complete a project. A public entity may enter into a contractual agreement regarding the use of a donation only if the terms and conditions of the agreement are consistent with this section. The acceptance of a donation does not constitute an endorsement by the public entity of any product or service offered by the donor.

(b) A person, business, corporation, nonprofit organization, foundation, or association may make a donation to a publicly owned facility if all of the following conditions are met:

(1) the name and address of the donor is provided in writing to the public entity;

(2) the donated funds will be used solely for construction, remodeling, or equipping of the specified publicly owned facility; and

(3) the donation will be made available to any member of the public who requests information about the donation.

(c) A person, business, corporation, nonprofit organization, foundation, or association that receives a donation under this section shall ensure that all of the following conditions are met:

(1) the name and address of the donor is provided in writing to the public entity;

(2) the funds will be used solely for construction, remodeling, or equipping of the specified publicly owned facility;

(3) the donation will be made available to any member of the public who requests information about the donation.