HF 2360

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying certain state 
  1.3             park fee and permit requirements; modifying rulemaking 
  1.4             authority; modifying provisions for the Fort Snelling 
  1.5             lease; amending Minnesota Statutes 2002, sections 
  1.6             85.052, subdivision 4; 85.054, subdivision 7, by 
  1.7             adding a subdivision; 85.22, subdivision 2a; 85.34, by 
  1.8             adding subdivisions; Minnesota Statutes 2003 
  1.9             Supplement, section 16B.24, subdivision 5; repealing 
  1.10            Minnesota Statutes 2002, section 85.34, subdivision 4. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.13  16B.24, subdivision 5, is amended to read: 
  1.14     Subd. 5.  [RENTING OUT STATE PROPERTY.] (a) [AUTHORITY.] 
  1.15  The commissioner may rent out state property, real or personal, 
  1.16  that is not needed for public use, if the rental is not 
  1.17  otherwise provided for or prohibited by law.  The property may 
  1.18  not be rented out for more than five years at a time without the 
  1.19  approval of the State Executive Council and may never be rented 
  1.20  out for more than 25 years.  A rental agreement may provide that 
  1.21  the state will reimburse a tenant for a portion of capital 
  1.22  improvements that the tenant makes to state real property if the 
  1.23  state does not permit the tenant to renew the lease at the end 
  1.24  of the rental agreement. 
  1.25     (b)  [RESTRICTIONS.] Paragraph (a) does not apply to state 
  1.26  trust fund lands, other state lands under the jurisdiction of 
  1.27  the Department of Natural Resources, lands forfeited for 
  1.28  delinquent taxes, lands acquired under section 298.22, or lands 
  2.1   acquired under section 41.56 which are under the jurisdiction of 
  2.2   the Department of Agriculture.  
  2.3      (c)  [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling 
  2.4   Chapel, located within the boundaries of Fort Snelling State 
  2.5   Park, is available for use only on payment of a rental fee.  The 
  2.6   commissioner shall establish rental fees for both public and 
  2.7   private use.  The rental fee for private use by an organization 
  2.8   or individual must reflect the reasonable value of equivalent 
  2.9   rental space.  Rental fees collected under this section must be 
  2.10  deposited in the general fund.  
  2.11     (d) [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner 
  2.12  shall establish rental rates for all living accommodations 
  2.13  provided by the state for its employees.  Money collected as 
  2.14  rent by state agencies pursuant to this paragraph must be 
  2.15  deposited in the state treasury and credited to the general fund.
  2.16     (e) (d) [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE 
  2.17  AGENCIES.] The commissioner may lease portions of the 
  2.18  state-owned buildings in the Capitol complex, the Capitol Square 
  2.19  Building, the Health Building, and the building at 1246 
  2.20  University Avenue, St. Paul, Minnesota, to state agencies and 
  2.21  the court administrator on behalf of the judicial branch of 
  2.22  state government and charge rent on the basis of space 
  2.23  occupied.  Notwithstanding any law to the contrary, all money 
  2.24  collected as rent pursuant to the terms of this section shall be 
  2.25  deposited in the state treasury.  Money collected as rent to 
  2.26  recover the bond interest costs of a building funded from the 
  2.27  state bond proceeds fund shall be credited to the general fund.  
  2.28  Money collected as rent to recover the depreciation costs of a 
  2.29  building funded from the state bond proceeds fund and money 
  2.30  collected as rent to recover capital expenditures from capital 
  2.31  asset preservation and replacement appropriations and statewide 
  2.32  building access appropriations shall be credited to a segregated 
  2.33  account in a special revenue fund.  Fifty percent of the money 
  2.34  credited to the account each fiscal year must be transferred to 
  2.35  the general fund.  The remaining money in the account is 
  2.36  appropriated to the commissioner to be expended for asset 
  3.1   preservation projects as determined by the commissioner.  Money 
  3.2   collected as rent to recover the depreciation and interest costs 
  3.3   of a building built with other state dedicated funds shall be 
  3.4   credited to the dedicated fund which funded the original 
  3.5   acquisition or construction.  All other money received shall be 
  3.6   credited to the general services revolving fund. 
  3.7      Sec. 2.  Minnesota Statutes 2002, section 85.052, 
  3.8   subdivision 4, is amended to read: 
  3.9      Subd. 4.  [DEPOSIT OF FEES.] (a) Fees paid for providing 
  3.10  contracted products and services within a state park, state 
  3.11  recreation area, or wayside, and for special state park uses 
  3.12  under this section shall be deposited in the natural resources 
  3.13  fund and credited to a state parks account. 
  3.14     (b) Gross receipts derived from sales, rentals, or leases 
  3.15  of natural resources within state parks, recreation areas, and 
  3.16  waysides, other than those on trust fund lands, must be 
  3.17  deposited in the state treasury and credited to the general fund.
  3.18     Sec. 3.  Minnesota Statutes 2002, section 85.054, 
  3.19  subdivision 7, is amended to read: 
  3.20     Subd. 7.  [TETTEGOUCHE STATE PARK.] A state park permit is 
  3.21  not required and a fee may not be charged for motor vehicle 
  3.22  entry at Palisade Head in Tettegouche State Park, provided that 
  3.23  motor vehicles entering the park under this provision may not be 
  3.24  parked at Palisade Head for more than one hour.  A state park 
  3.25  permit is not required and a fee may not be charged for the 
  3.26  Class I rest area parking area at Tettegouche State Park. 
  3.27     Sec. 4.  Minnesota Statutes 2002, section 85.054, is 
  3.28  amended by adding a subdivision to read: 
  3.29     Subd. 10.  [RED RIVER STATE RECREATION AREA.] A state park 
  3.30  permit is not required and a fee may not be charged for any 
  3.31  portion of the Red River State Recreation Area located outside 
  3.32  of the campground. 
  3.33     Sec. 5.  Minnesota Statutes 2002, section 85.22, 
  3.34  subdivision 2a, is amended to read: 
  3.35     Subd. 2a.  [RECEIPTS, APPROPRIATION.] All receipts derived 
  3.36  from the rental or sale of state park items, tours at 
  4.1   Forestville State Park, and operation of Douglas Lodge shall be 
  4.2   deposited in the state treasury and be credited to the state 
  4.3   parks working capital account.  Receipts and expenses from 
  4.4   Douglas Lodge shall be tracked separately within the account.  
  4.5   Money in the account is annually appropriated for the purchase 
  4.6   and payment of expenses attributable to items for resale or 
  4.7   rental and operation of Douglas Lodge.  Any excess receipts in 
  4.8   this account are annually appropriated for state park management 
  4.9   and interpretive programs. 
  4.10     Sec. 6.  Minnesota Statutes 2002, section 85.34, is amended 
  4.11  by adding a subdivision to read: 
  4.12     Subd. 6.  [MINNEAPOLIS LEASE.] A lease to the Minneapolis 
  4.13  Park and Recreation Board for the purposes of athletic fields 
  4.14  and golf course operations is subject to subdivisions 1 to 5, 
  4.15  except as provided in this subdivision.  Approval of the 
  4.16  Executive Council is not required for the lease or the issuance 
  4.17  of a liquor license.  A lease of any portion of Officer's Row or 
  4.18  Area J may include a charge to be paid by the tenant for 
  4.19  repayment of a portion of the costs incurred by the Minneapolis 
  4.20  Park and Recreation Board for the installation of a new water 
  4.21  line on the upper bluff.  The total amount to be repaid to the 
  4.22  Minneapolis Park and Recreation Board by tenants of Officer's 
  4.23  Row and Area J shall not exceed $450,000. 
  4.24     Sec. 7.  Minnesota Statutes 2002, section 85.34, is amended 
  4.25  by adding a subdivision to read: 
  4.26     Subd. 7.  [DISPOSITION OF PROCEEDS.] (a) All revenue 
  4.27  derived from the lease of the Fort Snelling upper bluff, with 
  4.28  the exception of payment for costs of the water line as 
  4.29  described in subdivision 6, shall be deposited in the natural 
  4.30  resources fund and credited to a state park account.  
  4.31     (b) Revenue and expenses from the upper bluff shall be 
  4.32  tracked separately within the account.  Money in the account 
  4.33  derived from the leasing or operation of the property described 
  4.34  in subdivision 1 may be appropriated for the payment of expenses 
  4.35  attributable to the leasing and operation of the property 
  4.36  described in subdivision 1, including but not limited to, the 
  5.1   maintenance, repair, and rehabilitation of historic buildings 
  5.2   and landscapes. 
  5.3      Sec. 8.  [REPEALER.] 
  5.4      Minnesota Statutes 2002, section 85.34, subdivision 4, is 
  5.5   repealed.