SF 1981

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state buildings; providing for repairs to the Elmer L. Andersen and
Orville L. Freeman buildings; amending Minnesota Statutes 2006, section
16B.24, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 16B.24, subdivision 5, is amended to read:

Subd. 5.

Renting out state property.

(a) Authority. The commissioner may rent
out state property, real or personal, that is not needed for public use, if the rental is not
otherwise provided for or prohibited by law. The property may not be rented out for
more than five years at a time without the approval of the State Executive Council and
may never be rented out for more than 25 years. A rental agreement may provide that
the state will reimburse a tenant for a portion of capital improvements that the tenant
makes to state real property if the state does not permit the tenant to renew the lease at
the end of the rental agreement.

(b) Restrictions. Paragraph (a) does not apply to state trust fund lands, other state
lands under the jurisdiction of the Department of Natural Resources, lands forfeited for
delinquent taxes, lands acquired under section 298.22, or lands acquired under section
41.56 which are under the jurisdiction of the Department of Agriculture.

(c) Rental of living accommodations. The commissioner shall establish rental rates
for all living accommodations provided by the state for its employees. Money collected as
rent by state agencies pursuant to this paragraph must be deposited in the state treasury
and credited to the general fund.

(d) Lease of space in certain state buildings to state agencies. The commissioner
may lease portions of the state-owned buildings deleted text begin in the Capitol complex, the Capitol
Square Building, the Health Building, and the building at 1246 University Avenue, St.
Paul, Minnesota, deleted text end new text begin under the custodial control of the commissioner new text end to state agencies and
the court administrator on behalf of the judicial branch of state government and charge
rent on the basis of space occupied. Notwithstanding any law to the contrary, all money
collected as rent pursuant to the terms of this section shall be deposited in the state
treasury. Money collected as rent to recover the bond interest costs of a building funded
from the state bond proceeds fund shall be credited to the general fund. Money collected
as rent to recover the depreciation costs of a building funded from the state bond proceeds
fund and money collected as rent to recover capital expenditures from capital asset
preservation and replacement appropriations and statewide building access appropriations
shall be credited to a segregated new text begin asset preservation and replacement new text end account in a special
revenue fund. Fifty percent of the money credited to the account each fiscal year must
be transferred to the general fund. The remaining money in the account is appropriated
to the commissioner to be expended for asset preservation projects as determined by the
commissioner. Money collected as rent to recover the depreciation and interest costs of
a building built with other state dedicated funds shall be credited to the dedicated fund
which funded the original acquisition or construction. All other money received shall be
credited to the general services revolving fund.

new text begin (e) Lease of space in Andersen and Freeman buildings. new text end new text begin The commissioner may
lease space in the Elmer L. Andersen and Orville L. Freeman buildings to state agencies
and charge rent on the basis of space occupied. Money collected as rent under this
paragraph to fund future building repairs must be credited to a segregated account for each
building in the special revenue fund and is appropriated to the commissioner to make
the repairs. When the state acquires title to each building, the account for that building
must be abolished and any balance remaining in the account must be transferred to the
appropriate asset preservation and replacement account created under paragraph (d).
new text end