HF 4256

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 04/26/2018 10:31am

A bill for an act
relating to state government; requiring approval of the Capitol Preservation
Commission for the display of works of art in certain areas of the Capitol;
establishing a Capitol Art Exhibit Advisory Committee; amending Minnesota
Statutes 2016, section 15B.32, as amended; proposing coding for new law in
Minnesota Statutes, chapter 15B.

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

Section 1.

Minnesota Statutes 2016, section 15B.32, as amended by Laws 2017, First
Special Session chapter 8, article 2, section 1, is amended to read:

15B.32 STATE CAPITOL PRESERVATION COMMISSION.

Subdivision 1.

Definitions.

(a) As used in this section new text begin and section 15B.36 new text end , the terms
defined in this subdivision have the following meanings.

(b) "Commission" means the State Capitol Preservation Commission created under this
section.

(c) "Capitol Area" means the geographic area defined in section 15B.02.

(d) "Board" means the Capitol Area Architectural and Planning Board created under
section 15B.03.

(e) "Predesign" has the meaning given in section 16B.335, subdivision 3, paragraph (a).

Subd. 2.

Membership.

The State Capitol Preservation Commission consists of deleted text begin 22 deleted text end new text begin 24 new text end
members, appointed as follows:

(1) the governor;

(2) the lieutenant governor;

(3) the attorney general;

(4) the chief justice of the Supreme Court, or the chief justice's designee, who shall be
a member of the Supreme Court;

(5) the majority leader of the senate or the majority leader's designee, who shall be a
member of the senate;

(6) new text begin the minority leader of the senate or the minority leader's designee, who shall be a
member of the senate;
new text end

new text begin (7) new text end the speaker of the house or the speaker's designee, who shall be a member of the
house of representatives;

new text begin (8) the minority leader of the house of representatives or the minority leader's designee,
who shall be a member of the house of representatives;
new text end

deleted text begin (7) deleted text end new text begin (9) new text end two members of the senate, including one member from the majority party
appointed by the majority leader and one member from the minority party appointed by the
minority leader;

deleted text begin (8) deleted text end new text begin (10) new text end two members of the house of representatives, including one member appointed
by the speaker of the house and one member from the minority party appointed by the
minority leader;

deleted text begin (9) deleted text end new text begin (11) new text end the chair and ranking minority member of the house of representatives committee
with jurisdiction over capital investment and the chair and ranking minority member of the
senate committee with jurisdiction over capital investment;

deleted text begin (10) deleted text end new text begin (12) new text end the commissioner of administration or the commissioner's designee;

deleted text begin (11) deleted text end new text begin (13) new text end the commissioner of public safety or the commissioner's designee;

deleted text begin (12) deleted text end new text begin (14) new text end the executive director of the Minnesota Historical Society or the executive
director's designee;

deleted text begin (13) deleted text end new text begin (15) new text end the executive secretary of the Capitol Area Architectural and Planning Board;
and

deleted text begin (14) deleted text end new text begin (16) new text end four public members appointed by the governor.

Subd. 3.

Terms and compensation.

(a) A member serving on the commission because
the member or the appointing authority for the member holds an elected or appointed office
shall serve on the commission as long as the member or the appointing authority holds the
office.

(b) Public members of the commission shall serve two-year terms. The public members
may not serve for more than three consecutive terms.

(c) The removal of members and filling of vacancies on the commission are as provided
in section 15.059. deleted text begin Public members may receive compensation and expenses as provided
under section 15.059, subdivision 3.
deleted text end

Subd. 4.

Officers and meetings.

(a) The governor is the chair of the commission. The
lieutenant governor is the vice-chair of the commission and may act as the chair of the
commission in the absence of the governor. The governor may designate a staff member to
attend commission meetings and vote on the governor's behalf in the absence of the governor.

(b) The commission shall meet at least annually and at other times at the call of the chair.
Meetings of the commission are subject to chapter 13D.

Subd. 5.

Administrative support.

deleted text begin The commission may designate an executive secretary
and obtain administrative support through a contract with a state agency or other means. deleted text end new text begin
The commissioner of administration shall provide administrative support to the commission.
new text end

Subd. 6.

Duties.

(a) The commission:

(1) shall exercise ongoing coordination of the deleted text begin restoration, deleted text end protection, risk management,
and preservation of the Capitol building;

(2) shall consult with and advise the commissioner of administration, the board, and the
Minnesota Historical Society regarding their applicable statutory responsibilities for and in
the Capitol building;

deleted text begin (3) may assist in the selection of an architectural firm to assist in the preparation of the
predesign plan for the restoration of the Capitol building;
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end shall develop a comprehensive, multiyear deleted text begin , predesign deleted text end new text begin maintenance and preservation new text end
plan for the deleted text begin restoration of the deleted text end Capitol building, review the plan periodically, and, as
appropriate, amend and modify the plan. The deleted text begin predesign deleted text end plan shall deleted text begin identify appropriate and
required functions of the Capitol building; identify and address space requirements for
legislative, executive, and judicial branch functions; and deleted text end identify and address the long-term
maintenance and preservation requirements of the Capitol building deleted text begin . In developing the
predesign plan, the commission shall take into account the comprehensive plan for the
Minnesota State Capitol Area, as amended in 2010, the rules governing zoning and design
for the Capitol Area, citizen access, information technology needs, energy efficiency,
security, educational programs including public and school tours, and any additional space
needs for the efficient operation of state government deleted text end new text begin and shall take into account the
recommendations of the long-range strategic plan under section 16B.24 new text end ;

deleted text begin (5) deleted text end new text begin (4) new text end shall develop and implement a plan to deleted text begin reopen the deleted text end new text begin ensure a welcoming and
accessible new text end Minnesota State Capitol deleted text begin and reintroduce it to the citizens of Minnesota deleted text end new text begin for all
Minnesotans and visitors new text end ;

deleted text begin (6) deleted text end new text begin (5) new text end shall develop and implement a comprehensive financial plan to fund the new text begin ongoing new text end
preservation deleted text begin and restoration deleted text end of the Capitol building;

deleted text begin (7) deleted text end new text begin (6) new text end shall provide annual reports about the condition of the Capitol building and its
needs, as well as all activities related to the deleted text begin restoration deleted text end new text begin preservation new text end of the Capitol building;
deleted text begin and
deleted text end

deleted text begin (8) deleted text end new text begin (7) new text end may solicit gifts, grants, or donations of any kind from any private or public
source to carry out the purposes of this section. For purposes of this section, the commissioner
of administration may expend money appropriated by the legislature for these purposes in
the same manner as private persons, firms, corporations, and associations make expenditures
for these purposes. All gifts, grants, or donations received by the commission shall be
deposited in a State Capitol preservation account established in the special revenue fund.
Money in the account is appropriated to the commissioner of administration for the activities
of clause (5), the commission, and implementation of the predesign plan under this section.
deleted text begin The gift acceptance procedures under sections 16A.013 to 16A.016 do not apply to this
clause. deleted text end Appropriations under this clause do not cancel and are available until expended deleted text begin . deleted text end new text begin ;
and
new text end

new text begin (8) shall approve a program of art exhibits to encourage public visits to the Capitol to
be displayed in a space in the Capitol building that is listed in section 15B.36, subdivision
1, before an exhibit that is part of the program can be displayed for two weeks or longer.
When considering recommendations made under section 15B.36, the commission must
approve or reject recommended exhibits as a whole and may not approve or reject individual
pieces within a recommended exhibit. The approved program shall address the proposed
schedule, how it addresses adopted themes for art in the Capitol, and the type or types of
artwork.
new text end

(b) By January 15 of each year, the commission shall report to the chairs and ranking
minority members of the legislative committees with jurisdiction over deleted text begin the commission deleted text end new text begin state
government operations, capital investment, finance, ways and means, and legacy finance new text end
regarding the deleted text begin activities and efforts of the commission in the preceding calendar year deleted text end new text begin
maintenance and preservation needs of the Capitol building new text end , including recommendations
adopted by the commission, the comprehensive financial plan required under paragraph (a),
clause (6), and any proposed draft legislation necessary to implement the recommendations
of the commission.

Sec. 2.

new text begin [15B.36] CAPITOL ART EXHIBIT ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to art exhibits in the following spaces
within the State Capitol: (1) the third floor east wing; (2) the egress lobbies added as part
of the Capitol restoration completed in 2017; (3) the tunnels connecting legislative office
buildings to the Capitol; (4) room 104A of the Capitol; and (5) the entire Capitol basement,
excluding the historic Rathskeller, Governor's Dining Room, and Justices' Dining Room.
The speaker of the house of representatives, the president of the senate, and the chief justice
of the Minnesota Supreme Court may request that the advisory committee provide
recommendations on art in their respective hearing rooms and other tenant spaces.
new text end

new text begin Subd. 2. new text end

new text begin Creation; duties. new text end

new text begin (a) The Capitol Art Exhibit Advisory Committee is established
to advise and make recommendations to the State Capitol Preservation Commission regarding
art exhibits to be displayed in the State Capitol spaces listed in subdivision 1. To develop
these recommendations, the committee shall:
new text end

new text begin (1) receive proposals from a broad diversity of Minnesota artists, art organizations, and
other individuals and evaluate the extent to which proposals meet the criteria in paragraph
(b); and
new text end

new text begin (2) prepare a list of recommended art exhibits for consideration by the commission,
including information on the availability of the exhibits, a summary of how the recommended
exhibits meet the criteria in paragraph (b) and reflect Minnesota history not covered by
previous art exhibits, and the estimated costs and logistical needs for recommended exhibits.
new text end

new text begin (b) Art exhibits displayed in the State Capitol should tell Minnesota stories and engage
people to:
new text end

new text begin (1) reflect on Minnesota history;
new text end

new text begin (2) understand Minnesota government;
new text end

new text begin (3) recognize the contributions of Minnesota's diverse peoples;
new text end

new text begin (4) inspire citizen engagement; and
new text end

new text begin (5) appreciate the varied landscapes of Minnesota.
new text end

new text begin (c) The commissioner of administration shall provide administrative support and curatorial
services to the advisory committee and implement displays of art exhibits approved by the
commission under section 15B.32, subdivision 6, paragraph (a), clause (8).
new text end

new text begin (d) A preference shall be given for recommended art exhibits for artists currently living
in Minnesota or living in Minnesota at the time portrayed in the art exhibit. The selection
process should assure that a wide range of artists have a chance to be considered, and that
over time the art reflects the contributions of artists of various demographic backgrounds,
including age, disability, gender, and racial and ethnic identity.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The advisory committee consists of members of the public
appointed as follows:
new text end

new text begin (1) five appointed by the governor;
new text end

new text begin (2) two appointed by the majority leader of the senate and two appointed by the minority
leader of the senate; and
new text end

new text begin (3) two appointed by the speaker of the house and two appointed by the minority leader
of the house of representatives.
new text end

new text begin (b) To the extent practicable, the appointing authorities shall appoint individuals with
knowledge or experience in art, Minnesota history, or Native American history, so that the
advisory committee reflects the demographic and geographic diversity of the state. The
public members appointed by the governor must be appointed using the public appointments
process under section 15.0597.
new text end

new text begin (c) The State Arts Board, the Minnesota Historical Society, the Capitol Area Architectural
and Planning Board, and the commissioner of administration shall each appoint one individual
to serve ex-officio on the advisory committee as a nonvoting member.
new text end

new text begin (d) The advisory committee may meet as frequently as needed to complete its work and
shall annually, or when requested by the commission, provide the commission with a list
of recommended exhibits of works of art by Minnesota artists for possible display in the
State Capitol.
new text end

new text begin Subd. 4. new text end

new text begin Terms; removal; vacancies; compensation. new text end

new text begin Except as otherwise provided in
this section, terms, removal, vacancies, and compensation are as provided in section 15.059.
The terms of advisory committee members begin the first Tuesday after the first Monday
in January and are for four years.
new text end

new text begin Subd. 5. new text end

new text begin Chair. new text end

new text begin The committee shall elect a chair from among its members. The
committee may elect other officers as it deems necessary.
new text end

new text begin Subd. 6. new text end

new text begin Open meetings. new text end

new text begin Committee meetings are subject to chapter 13D.
new text end

new text begin Subd. 7. new text end

new text begin Conflict of interest. new text end

new text begin A member of the committee may not participate in the
discussion of or vote on a decision of the committee relating to an organization in which
the member has either a direct or indirect financial interest.
new text end

new text begin Subd. 8. new text end

new text begin Gifts; grants; donations. new text end

new text begin The committee may accept gifts and grants which
are accepted on behalf of the state and constitute donations to the state. Funds received
under this subdivision are appropriated to the commissioner of administration for purposes
of the committee.
new text end

Sec. 3. new text begin CAPITOL ART EXHIBIT ADVISORY COMMITTEE; FIRST
APPOINTMENTS AND FIRST MEETING.
new text end

new text begin (a) Appointing authorities for membership of the Capitol Art Exhibit Advisory Committee
under Minnesota Statutes, section 15B.36, shall make first appointments to the committee
by September 15, 2018. The commissioner of administration shall convene the first meeting
of the committee by November 1, 2018, and serve as chair until the committee elects a chair
from among its members at its first meeting.
new text end

new text begin (b) The following members are appointed to an initial term that ends January 5, 2021:
two members appointed by the governor; one member each appointed by the majority leader
of the senate, the minority leader of the senate, the speaker of the house, and the minority
leader of the house of representatives. The remaining members are appointed to terms that
end on January 3, 2023.
new text end