HF 1284

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

  1.1                          A bill for an act 
  1.2             relating to state government; putting the capitol area 
  1.3             architectural and planning board and the designer 
  1.4             selection board under the administrative control of 
  1.5             the board of architecture, engineering, land 
  1.6             surveying, landscape architecture, geoscience, and 
  1.7             interior design; amending Minnesota Statutes 2002, 
  1.8             sections 15.50, subdivision 1; 16B.33, subdivision 2; 
  1.9             and 326.06. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 15.50, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [PURPOSE, MEMBERS, OFFICERS.] (a) The 
  1.14  legislature finds that the purposes of the board are to (1) 
  1.15  preserve and enhance the dignity, beauty and architectural 
  1.16  integrity of the capitol, the buildings immediately adjacent to 
  1.17  it, the capitol grounds, and the capitol area; (2) protect, 
  1.18  enhance, and increase the open spaces within the capitol area 
  1.19  when deemed necessary and desirable for the improvement of the 
  1.20  public enjoyment thereof; (3) develop proper approaches to the 
  1.21  capitol area for pedestrian movement, the highway system, and 
  1.22  mass transit system so that the area achieves its maximum 
  1.23  importance and accessibility; and (4) establish a flexible 
  1.24  framework for growth of the capitol buildings which will be in 
  1.25  keeping with the spirit of the original design. 
  1.26     (b) The capitol area architectural and planning board, 
  1.27  herein referred to as the board, consists of ten members.  The 
  2.1   board is under the administrative control of the board of 
  2.2   architecture, engineering, land surveying, landscape 
  2.3   architecture, geoscience, and interior design, referred to in 
  2.4   paragraph (d) as the board of architecture.  The lieutenant 
  2.5   governor shall be a member of the board.  Four members shall be 
  2.6   appointed by the governor; three members, one of whom shall be a 
  2.7   resident of the district planning council area containing the 
  2.8   capitol area, shall be appointed by the mayor of the city of 
  2.9   Saint Paul, with the advice and consent of the city council.  
  2.10  The speaker of the house shall appoint a member of the house of 
  2.11  representatives and the president of the senate shall appoint 
  2.12  one senator to be members of the board.  Each person appointed 
  2.13  to the board shall qualify by taking the oath of office. 
  2.14     (c) The lieutenant governor is the chair of the board.  The 
  2.15  attorney general is the legal advisor to the board.  The board 
  2.16  may elect a vice-chair who may preside at meetings in the 
  2.17  absence of the lieutenant governor and such other officers as it 
  2.18  may deem necessary to carry out its duties. 
  2.19     (d) The board of architecture shall select appoint an 
  2.20  executive secretary to serve the board.  It may employ such 
  2.21  other officers and employees as it may deem necessary all of 
  2.22  whom shall be in the classified service of the state civil 
  2.23  service.  The board may contract for professional and other 
  2.24  similar service on such terms as it may deem desirable.  The 
  2.25  board of architecture shall provide administrative and staff 
  2.26  support to the board. 
  2.27     Sec. 2.  Minnesota Statutes 2002, section 16B.33, 
  2.28  subdivision 2, is amended to read: 
  2.29     Subd. 2.  [ORGANIZATION OF BOARD.] (a)  [MEMBERSHIP.] The 
  2.30  state designer selection board consists of seven individuals, 
  2.31  the majority of whom must be Minnesota residents.  Each of the 
  2.32  following four organizations shall nominate one individual whose 
  2.33  name and qualifications shall be submitted to the commissioner 
  2.34  of administration for consideration:  the Consulting Engineers 
  2.35  Council of Minnesota after consultation with other professional 
  2.36  engineering societies in the state; the AIA Minnesota; the 
  3.1   Minnesota chapter of the Associated General Contractors after 
  3.2   consultation with other commercial contractor associations in 
  3.3   the state; and the Minnesota board of the arts.  The 
  3.4   commissioner may appoint the four named individuals to the board 
  3.5   but may reject a nominated individual and request another 
  3.6   nomination.  The fifth member shall be a representative of the 
  3.7   user agency, the University of Minnesota, or the Minnesota state 
  3.8   colleges and universities, designated by the user agency.  The 
  3.9   remaining two citizen members shall also be appointed by the 
  3.10  commissioner.  
  3.11     (b)  [NONVOTING MEMBER.] In addition to the seven members 
  3.12  of the board, one nonvoting member representing the commissioner 
  3.13  shall participate in the interviewing and selection of designers 
  3.14  pursuant to this section.  
  3.15     (c)  [TERMS; COMPENSATION; REMOVAL; VACANCIES.] The 
  3.16  membership terms, compensation, removal of members, and filling 
  3.17  of vacancies on the board are as provided in section 15.0575.  
  3.18  No individual may serve for more than two consecutive terms.  
  3.19     (d)  [OFFICERS, RULES.] At its first meeting, the board 
  3.20  shall elect a voting member of the board as chair.  The board 
  3.21  shall also elect other officers necessary for the conduct of its 
  3.22  affairs.  The board shall adopt rules governing its operations 
  3.23  and the conduct of its meetings.  The rules shall provide for 
  3.24  the terms of the chair and other officers.  
  3.25     (e)  [MEETINGS.] The board shall meet as often as is 
  3.26  necessary, not less than twice annually, in order to act 
  3.27  expeditiously on requests submitted to it for selection of 
  3.28  primary designers.  
  3.29     (f)  [OFFICE, STAFF, RECORDS.] The department of 
  3.30  administration board of architecture, engineering, land 
  3.31  surveying, landscape architecture, geoscience, and landscape 
  3.32  engineering, referred to in this paragraph as the board of 
  3.33  architecture, shall provide the board with suitable quarters to 
  3.34  maintain an office, hold meetings, and keep records.  
  3.35  The commissioner shall designate an employee of the department 
  3.36  of administration to executive secretary of the board of 
  4.1   architecture shall serve as executive secretary to the board and 
  4.2   shall furnish a secretarial staff to the board as necessary for 
  4.3   the expeditious conduct of the board's duties and 
  4.4   responsibilities.  
  4.5      Sec. 3.  Minnesota Statutes 2002, section 326.06, is 
  4.6   amended to read: 
  4.7      326.06 [GENERAL POWERS AND DUTIES OF BOARD.] 
  4.8      Each member of the board shall receive a certificate of 
  4.9   appointment from the governor, and, before beginning a term of 
  4.10  office, shall file with the secretary of state the 
  4.11  constitutional oath of office.  The board shall adopt and have 
  4.12  an official seal, which shall be affixed to all licenses 
  4.13  granted; shall make all rules, not inconsistent with law, needed 
  4.14  in performing its duties; and shall fix standards for 
  4.15  determining the qualifications of applicants for certificates, 
  4.16  which shall not exceed the requirements contained in the 
  4.17  curriculum of a recognized school of architecture, landscape 
  4.18  architecture, engineering, geoscience, or interior design.  The 
  4.19  board shall make rules to define classes of buildings with 
  4.20  respect to which persons performing services described in 
  4.21  section 326.03, subdivision 2, may be exempted from the 
  4.22  provisions of sections 326.02 to 326.15, by a finding of no 
  4.23  probable risk to life, health, property or public welfare.  The 
  4.24  board shall provide administrative and staff support to the 
  4.25  capitol area architectural and planning board and the designer 
  4.26  selection board.