as introduced - 79th Legislature, 1995 1st Special Session (1995 - 1995) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to capital improvements; authorizing spending 1.3 to acquire and better public land and buildings and 1.4 other public improvements of a capital nature with 1.5 certain conditions; authorizing sale of state bonds; 1.6 requiring periodic reports on the status of authorized 1.7 and outstanding state bonds; reducing 1995 1.8 appropriations; appropriating money; amending 1.9 Minnesota Statutes 1994, sections 16A.672, by adding 1.10 subdivisions; 16A.695, subdivisions 1, 2, 3, and by 1.11 adding a subdivision; 16B.24, by adding a subdivision; 1.12 16B.335, subdivisions 1, 2, and 5; 124.431, 1.13 subdivisions 2, 5, 6, 7, and 10; 124.494, subdivisions 1.14 2, 3, and 4; 136.62, subdivision 9, and by adding a 1.15 subdivision; 136A.28, subdivision 7; and 446A.12, 1.16 subdivision 1; Laws 1994, chapter 632, article 3, 1.17 section 12; Laws 1994, chapter 643, sections 2, 1.18 subdivision 15; 10, subdivision 10; 11, subdivisions 8 1.19 and 13; 19, subdivision 8; 21, subdivision 4; 23, 1.20 subdivisions 7 and 28; and 26, subdivisions 3 and 4; 1.21 proposing coding for new law in Minnesota Statutes, 1.22 chapter 16A; repealing Laws 1991, chapter 265, article 1.23 5, section 23, as amended. 1.24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.25 ARTICLE 1 1.26 CAPITAL IMPROVEMENTS 1.27 Section 1. [CAPITAL IMPROVEMENTS APPROPRIATIONS.] 1.28 The sums in the column under "APPROPRIATIONS" are 1.29 appropriated from the bond proceeds fund, or another named fund, 1.30 to the state agencies or officials indicated, to be spent to 1.31 acquire and to better public land and buildings and other public 1.32 improvements of a capital nature, as specified in this article. 1.33 SUMMARY BY FUND 1.34 ADMINISTRATION $ 2,065,000 2.1 AGRICULTURE 103,000 2.2 NATURAL RESOURCES 1,875,000 2.3 POLLUTION CONTROL 750,000 2.4 HUMAN SERVICES 148,000 2.5 TRANSPORTATION 4,500,000 2.6 EDUCATION 23,670,000 2.7 MINNESOTA STATE COLLEGES 2.8 AND UNIVERSITIES 750,000 2.9 PUBLIC SAFETY 410,000 2.10 BOND SALE EXPENSES 36,000 2.11 TOTAL $ 34,307,000 2.12 Bond Proceeds Fund 5,630,000 2.13 Maximum Effort School 2.14 Loan Fund 23,670,000 2.15 Transportation Fund 4,500,000 2.16 General Fund 332,000 2.17 Minnesota Environment and 2.18 Natural Resources Trust Fund 175,000 2.19 APPROPRIATIONS 2.20 Sec. 2. ADMINISTRATION 2.21 Subdivision 1. To the commissioner of 2.22 administration for the purposes specified 2.23 in this section $ 2,065,000 2.24 Subd. 2. Predesign Revenue 2.25 Department Facility 350,000 2.26 As part of the predesign of this 2.27 facility, the commissioner of 2.28 administration shall assume that, to 2.29 the extent feasible and cost-effective, 2.30 any new jobs created in the debt 2.31 collections entity will be located in a 2.32 county in greater Minnesota that had a 2.33 population loss of five percent or more 2.34 between the 1980 and 1990 census. 2.35 As part of the predesign process, the 2.36 commissioner must consider options that 2.37 do not require constructing a new 2.38 building, including acquisition of the 2.39 building currently housing the revenue 2.40 department or another existing building. 2.41 Subd. 3. Renovate Capitol Building 1,715,000 2.42 This appropriation is to predesign, 2.43 design, renovate, and equip the Capitol 2.44 building. 2.45 $184,000 is from the general fund for 2.46 furnishings, fixtures, equipment, and 2.47 relocation expenses. 3.1 The unencumbered balance from the 3.2 appropriation in Laws 1990, chapter 3.3 610, article 1, section 18, item (f), 3.4 to plan to remodel the Capitol, may be 3.5 used to design and construct this 3.6 project. 3.7 Sec. 3. AGRICULTURE 103,000 3.8 This appropriation is to the 3.9 commissioner of agriculture for 3.10 completion of a seed potato inspection 3.11 facility in East Grand Forks. 3.12 The debt service cost on bonds sold to 3.13 provide the money appropriated in this 3.14 section must be paid from potato 3.15 inspection fees charged and collected 3.16 by the commissioner of agriculture 3.17 under Minnesota Statutes, sections 3.18 21.115 and 27.07. Inspection fees 3.19 established by the commissioner of 3.20 agriculture must include appropriate 3.21 charges for this debt service, which 3.22 are appropriated to the commissioner 3.23 for payment to the commissioner of 3.24 finance under Minnesota Statutes, 3.25 section 16A.643. 3.26 Sec. 4. OFFICE OF 3.27 ENVIRONMENTAL ASSISTANCE 3.28 The appropriation of $3,000,000 in Laws 3.29 1994, chapter 643, section 24, 3.30 subdivision 4, for a solid waste 3.31 capital assistance program is 3.32 transferred from the commissioner of 3.33 the pollution control agency to the 3.34 director of the office of environmental 3.35 assistance. 3.36 Sec. 5. NATURAL RESOURCES 3.37 Subdivision 1. To the commissioner of 3.38 natural resources for the purposes 3.39 specified in this section 1,875,000 3.40 Subd. 2. Cannon Valley Trail Repair 175,000 3.41 This appropriation is available July 1, 3.42 1995, from the Minnesota environment 3.43 and natural resources trust fund for 3.44 repair of erosion damage to the Cannon 3.45 Valley Trail in the vicinity of 3.46 milepost 80. 3.47 This appropriation is available only 3.48 when the commissioner has determined 3.49 that the Cannon Valley Trail joint 3.50 powers board has committed sufficient 3.51 additional money to complete the 3.52 project. 3.53 Subd. 3. Eagle Creek Acquisition 1,500,000 3.54 This appropriation is to protect the 3.55 state-designated trout stream named 3.56 Eagle Creek by acquiring portions of 3.57 the creek and adjacent springs, seeps, 3.58 wetlands, and other lands necessary to 3.59 protect the creek. 4.1 The lands and waters to be acquired are 4.2 located in Scott county in the city of 4.3 Savage and described as follows: the 4.4 southernmost portion of the property 4.5 commonly known as the Marshall/McCune 4.6 property from the historic residence to 4.7 the southern boundary of the 4.8 Marshall/McCune property between 4.9 Highway 13 South and the east branch of 4.10 Eagle Creek; the approximately 15 acres 4.11 adjacent to and immediately surrounding 4.12 the headwaters of the east branch of 4.13 Eagle Creek on the northwest portion of 4.14 the property commonly known as the 4.15 Buesing property; the approximately 4.16 five acre Town and Country campground 4.17 at 12630 Boone Avenue adjacent to the 4.18 west branch of Eagle Creek; and the 4.19 property commonly known as the Strom 4.20 property through which Eagle Creek 4.21 traverses, which is located south of 4.22 Highway 101 between Steiner Industrial 4.23 Development and the Steiner Industrial 4.24 Development First Addition. The land 4.25 to be acquired may include other 4.26 critical lands needed to protect the 4.27 creek, such as contiguous wetlands, 4.28 steep slopes, rare plant communities, 4.29 and habitat for endangered or 4.30 threatened species. This appropriation 4.31 may not be used to acquire an option to 4.32 purchase land. 4.33 The acquired lands and waters must be 4.34 established by the commissioner of 4.35 natural resources as an aquatic 4.36 management area under Minnesota 4.37 Statutes, section 86A.05, subdivision 4.38 14. 4.39 The city of Savage shall prohibit 4.40 development of any lands and waters 4.41 within a corridor 200 feet wide along 4.42 each side of the creek, including both 4.43 the east branch and the west branch, 4.44 and shall limit the use of the land 4.45 within the corridor to uses that will 4.46 protect the natural environment of the 4.47 creek and enhance its value as a trout 4.48 stream. Notwithstanding Minnesota 4.49 Statutes, section 18B.02, within the 4.50 watershed of Eagle Creek, except for 4.51 lands zoned agricultural, the city of 4.52 Savage shall impose restrictions on the 4.53 application of agricultural chemicals, 4.54 as defined in Minnesota Statutes, 4.55 section 18D.01, subdivision 3, that 4.56 would have an adverse impact on the 4.57 quality of water in the creek as a 4.58 habitat for trout. 4.59 The city of Savage and the commissioner 4.60 of natural resources shall enter into a 4.61 joint review process with respect to 4.62 the east branch of Eagle Creek to 4.63 evaluate strategies to protect the east 4.64 branch and to mitigate adverse impacts 4.65 to the creek associated with 4.66 development adjacent to the east 4.67 branch. The city shall consult with 4.68 the commissioner as part of this joint 5.1 process and shall consider the 5.2 commissioner's comments, but the 5.3 commissioner shall not have permit or 5.4 approval authority not otherwise 5.5 provided by law with respect to any 5.6 proposed development adjacent to the 5.7 east branch. 5.8 Subd. 4. Dam Safety 200,000 5.9 This appropriation is for dam safety 5.10 projects under Minnesota Statutes, 5.11 section 103G.511. 5.12 Sec. 6. POLLUTION CONTROL 750,000 5.13 AGENCY 5.14 This appropriation is to the 5.15 commissioner of the pollution control 5.16 agency for combined sewer overflow 5.17 grants to the city of Red Wing under 5.18 Minnesota Statutes, section 116.162, 5.19 for projects to be begun in fiscal year 5.20 1996. The total amount of grants under 5.21 this section must not exceed one-half 5.22 of the capital costs of the city of Red 5.23 Wing to abate combined sewer overflow. 5.24 Sec. 7. HUMAN SERVICES 148,000 5.25 This appropriation is from the general 5.26 fund to the commissioner of human 5.27 services to demolish building No. 30 at 5.28 the Moose Lake Regional Treatment 5.29 Center. The commissioner shall seek 5.30 reimbursement through the federal 5.31 Health Care Finance Agency based on 5.32 Medicare principles of reimbursements. 5.33 Notwithstanding Laws 1995, chapter 226, 5.34 article 1, section 11, subdivision 4, 5.35 the appropriation of $80,000 in that 5.36 law for the same purpose is transferred 5.37 to the commissioner of human services 5.38 and added to this appropriation, and 5.39 the federal money received by the 5.40 commissioner of human services must be 5.41 retained by the commissioner of human 5.42 services, not transferred to the 5.43 commissioner of corrections. 5.44 Sec. 8. TRANSPORTATION 4,500,000 5.45 This appropriation is from the 5.46 Minnesota state transportation fund for 5.47 grants to political subdivisions for 5.48 the construction and reconstruction of 5.49 key bridges on the state transportation 5.50 system. 5.51 Political subdivisions may use grants 5.52 made under this section for purposes of 5.53 construction and reconstruction of 5.54 bridges, including: 5.55 (1) matching federal-aid grants for the 5.56 construction or reconstruction of key 5.57 bridges; 5.58 (2) paying the costs of abandoning an 5.59 existing bridge that is deficient and 6.1 in need of replacement, but where no 6.2 replacement will be made; 6.3 (3) paying the costs of constructing a 6.4 road or street that would facilitate 6.5 the abandonment of an existing bridge 6.6 determined by the commissioner to be 6.7 deficient, if the commissioner 6.8 determines that construction of the 6.9 road or street is more cost efficient 6.10 than replacement of the existing 6.11 bridge; and 6.12 (4) paying the costs of preliminary 6.13 engineering and environmental studies 6.14 authorized under Minnesota Statutes, 6.15 section 174.50, subdivision 6a. 6.16 Sec. 9. EDUCATION 6.17 Subdivision 1. 23,670,000 6.18 To the commissioner of education to 6.19 make capital loans to school districts 6.20 for which loans are approved in this 6.21 section as provided in Minnesota 6.22 Statutes, sections 124.36 to 124.46. 6.23 This appropriation is from the maximum 6.24 effort school loan fund. 6.25 Subd. 2. Loan Approval 6.26 The commissioner shall make capital 6.27 loans to independent school district 6.28 No. 36, Kelliher; independent school 6.29 district No. 362, Littlefork-Big Falls; 6.30 and independent school district No. 6.31 727, Big Lake. Capital loans to these 6.32 districts are approved. 6.33 Notwithstanding provisions to the 6.34 contrary in Minnesota Statutes, section 6.35 124.431, subdivisions 1 and 11, the 6.36 proceeds of the capital loan to 6.37 independent school district No. 727, 6.38 Big Lake, may be used to pay the 6.39 district for costs associated with the 6.40 construction of a school facility, 6.41 whether or not construction of the 6.42 project has been entered into or 6.43 completed and without regard to the 6.44 requirement that the contract for 6.45 construction be entered into within 18 6.46 months after the capital loan is 6.47 granted. 6.48 Subd. 3. Commissioner Review 6.49 The commissioner of education shall 6.50 review the proposed plan and budget of 6.51 the projects approved in this section 6.52 and may reduce the amount of a loan to 6.53 ensure that a project will be 6.54 economical. The commissioner may 6.55 recover the cost incurred by the 6.56 commissioner for any professional 6.57 services associated with the final 6.58 review by reducing the proceeds of the 6.59 loan paid to a district. 6.60 Sec. 10. MINNESOTA 7.1 STATE COLLEGES AND UNIVERSITIES 750,000 7.2 This appropriation is to the board of 7.3 trustees of the Minnesota state 7.4 colleges and universities to acquire 7.5 land in the vicinity of Metropolitan 7.6 State University. 7.7 The state board for community colleges 7.8 or the board of trustees of the 7.9 Minnesota state colleges and 7.10 universities may acquire land in the 7.11 vicinity of Normandale Community 7.12 College for parking facilities. 7.13 During the biennium, Mankato State 7.14 University may spend up to $15,000 of 7.15 nonstate money for construction of a 7.16 storage building for its manufacturing 7.17 engineering technology department, to 7.18 be located on property owned by the 7.19 university. 7.20 Sec. 11. PUBLIC SAFETY 410,000 7.21 This appropriation is for a grant to 7.22 the city of Parkers Prairie to assist 7.23 with the design and construction of a 7.24 fire hall and city hall to replace 7.25 those damaged by a propane explosion in 7.26 April 1995. 7.27 Sec. 12. BOND SALE EXPENSES 36,000 7.28 To the commissioner of finance for bond 7.29 sale expenses under Minnesota Statutes, 7.30 section 16A.641, subdivision 8. 7.31 Sec. 13. BOND SALE SCHEDULE 7.32 The commissioner of finance shall 7.33 schedule the sale of state general 7.34 obligation bonds so that, during the 7.35 biennium ending June 30, 1997, no more 7.36 than $458,704,000 will need to be 7.37 transferred from the general fund to 7.38 the state bond fund to pay principal 7.39 and interest due and to become due on 7.40 outstanding state general obligation 7.41 bonds. During the biennium, before 7.42 each sale of state general obligation 7.43 bonds, the commissioner of finance 7.44 shall calculate the amount of debt 7.45 service payments needed on bonds 7.46 previously issued and shall estimate 7.47 the amount of debt service payments 7.48 that will be needed on the bonds 7.49 scheduled to be sold, the commissioner 7.50 shall adjust the amount of bonds 7.51 scheduled to be sold so as to remain 7.52 within the limit set by this section. 7.53 The amount needed to make the debt 7.54 service payments is appropriated from 7.55 the general fund as provided in 7.56 Minnesota Statutes, section 16A.641. 7.57 Sec. 14. [BOND SALE AUTHORIZATION.] 7.58 Subdivision 1. [BOND PROCEEDS FUND.] To provide the money 7.59 appropriated in this article from the bond proceeds fund, the 8.1 commissioner of finance, on request of the governor, shall sell 8.2 and issue bonds of the state in an amount up to $5,630,000 in 8.3 the manner, upon the terms, and with the effect prescribed by 8.4 Minnesota Statutes, sections 16A.631 to 16A.675, and by the 8.5 Minnesota Constitution, article XI, sections 4 to 7. 8.6 Subd. 2. [TRANSPORTATION FUND.] To provide the money 8.7 appropriated in this article from the state transportation fund, 8.8 the commissioner of finance, on request of the governor, shall 8.9 sell and issue general obligation bonds of the state in an 8.10 amount up to $4,500,000 in the manner, upon the terms, and with 8.11 the effect prescribed by Minnesota Statutes, sections 16A.631 to 8.12 16A.675, and by the Minnesota Constitution, article XI, sections 8.13 4 to 7. The proceeds of the bonds, except accrued interest and 8.14 any premium received on the sale of the bonds, must be credited 8.15 to a bond proceeds account in the state transportation fund. 8.16 Subd. 3. [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the 8.17 money appropriated by this article from the maximum effort 8.18 school loan fund, the commissioner of finance, on request of the 8.19 governor, shall sell and issue bonds of the state in an amount 8.20 up to $23,670,000 in the manner, on the terms, and with the 8.21 effect prescribed by Minnesota Statutes, sections 16A.631 to 8.22 16A.675, and by the Minnesota Constitution, article XI, sections 8.23 4 to 7. The proceeds of the bonds, except accrued interest and 8.24 any premium received on the sale of the bonds, must be credited 8.25 to a bond proceeds account in the maximum effort school loan 8.26 fund. 8.27 Sec. 15. [BOND SALE AUTHORIZATIONS REDUCED.] 8.28 The bond sale authorizations in the following laws are 8.29 reduced by the amounts indicated. 8.30 (1) Laws 1987, chapter 400, section 25, subdivision 1, is 8.31 reduced by $50,000. 8.32 (2) Laws 1987, chapter 400, section 25, subdivision 3, is 8.33 reduced by $10,000. 8.34 (3) Laws 1989, chapter 41, section 3, is reduced by $54,000. 8.35 (4) Laws 1989, chapter 300, article 1, section 23, 8.36 subdivision 1, is reduced by $65,000. 9.1 (5) Laws 1990, chapter 610, article 1, section 30, 9.2 subdivision 1, is reduced by $580,000. 9.3 (6) Laws 1991, chapter 265, article 12, section 1, is 9.4 reduced by $6,610,000. The approval of a capital loan to 9.5 independent school district No. 345, New London-Spicer, in Laws 9.6 1991, chapter 265, article 12, section 2, is rescinded. 9.7 (7) Laws 1992, chapter 558, section 28, subdivision 1, is 9.8 reduced by $5,000. 9.9 (8) Laws 1994, chapter 643, section 31, subdivision 1, is 9.10 reduced by $1,245,000. 9.11 Sec. 16. [16A.642] [STATE BONDS: REPORTS; CANCELLATIONS.] 9.12 Subdivision 1. [REPORTS.] The commissioner of finance 9.13 shall report to the chairs of the senate committee on finance 9.14 and the house of representatives committees on ways and means 9.15 and on capital investment by February 1 of each even-numbered 9.16 year on the following: 9.17 (1) all state building projects for which bonds have been 9.18 authorized and issued by a law enacted more than seven years 9.19 before February 1 of that even-numbered year and of which 20 9.20 percent or less of a project's authorization has been encumbered 9.21 or otherwise obligated for the purpose stated in the law 9.22 authorizing the issue; and 9.23 (2) all state bonds authorized and issued for purposes 9.24 other than building projects reported under clause (1), by a law 9.25 enacted more than seven years before February 1 of that 9.26 even-numbered year, and the amount of any balance that is 9.27 unencumbered or otherwise not obligated for the purpose stated 9.28 in the law authorizing the issue. 9.29 The commissioner shall also report on bond authorizations 9.30 or bond proceed balances that may be canceled because projects 9.31 have been canceled, completed, or otherwise concluded, or 9.32 because the purposes for which the bonds were authorized or 9.33 issued have been canceled, completed, or otherwise concluded. 9.34 The bond authorizations or bond proceed balances that are 9.35 unencumbered or otherwise not obligated that are reported by the 9.36 commissioner under this subdivision are canceled, effective July 10.1 1 of the year of the report, unless specifically reauthorized by 10.2 act of the legislature. 10.3 Subd. 2. [CANCELLATION.] If the commissioner determines 10.4 that the purposes for which general obligation bonds of the 10.5 state have been issued are accomplished or abandoned, after 10.6 consultation with the affected agencies, and there is a 10.7 remaining authorization for a specific project of $500 or less, 10.8 the commissioner may cancel the remaining authorization for that 10.9 project. The commissioner must notify the chairs of the senate 10.10 finance committee and the house capital investment committee of 10.11 any bond authorizations canceled under this subdivision. 10.12 Sec. 17. Minnesota Statutes 1994, section 16A.672, is 10.13 amended by adding a subdivision to read: 10.14 Subd. 12. [EXCHANGE LISTING.] The commissioner may provide 10.15 for listing of any bonds or certificates of indebtedness on an 10.16 exchange or similar arrangement to facilitate their sale and 10.17 exchange in the secondary market. 10.18 Sec. 18. Minnesota Statutes 1994, section 16A.672, is 10.19 amended by adding a subdivision to read: 10.20 Subd. 13. [CONTINUING DISCLOSURE AGREEMENTS.] The 10.21 commissioner and any other officer of a state department or 10.22 state agency charged with the responsibility of issuing bonds 10.23 for or on behalf of the state department or agency, may enter 10.24 into written agreements or contracts relating to the continuing 10.25 disclosure of information necessary to comply with, or 10.26 facilitate the issuance of bonds in accordance with, federal 10.27 securities laws, rules, and regulations, including securities 10.28 and exchange commission rules and regulations, section 10.29 240.15c2-12. An agreement may be in the form of covenants with 10.30 purchasers and holders of bonds set forth in the order or 10.31 resolution authorizing the issuance of the bonds, or a separate 10.32 document authorized by the order or resolution. 10.33 Sec. 19. Minnesota Statutes 1994, section 16A.695, 10.34 subdivision 1, is amended to read: 10.35 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 10.36 subdivision apply to this section. 11.1 (b) "State bond financed property" means property acquired 11.2 or bettered in whole or in part with the proceeds of state 11.3 general obligation bonds authorized to be issued under article 11.4 XI, section 5, clause (a), of the Minnesota Constitution. 11.5 (c) "Public officer or agency" means a state officer or 11.6 agency, the University of Minnesota, the Minnesota historical 11.7 society, and any county, home rule charter or statutory city, 11.8 school district, special purpose district, or other public 11.9 entity, or any officer or employee thereof. 11.10 (d) "Fair market value" means, with respect to the sale of 11.11 state bond financed property, the price that would be paid by a 11.12 willing and qualified buyer to a willing and qualified seller as 11.13 determined by an appraisal of the property, or the price bid by 11.14 a purchaser under a public bid procedure after reasonable public 11.15 notice. 11.16 (e) "Outstanding state bonds" means the dollar amount 11.17 certified by the commissioner, upon the request of a public 11.18 officer or agency, to be the principal amount of state bonds, 11.19 including any refunding bonds, issued with respect to the state 11.20 bond financed property, less the principal amount of state bonds 11.21 paid or defeased before the date of the request. 11.22 Sec. 20. Minnesota Statutes 1994, section 16A.695, 11.23 subdivision 2, is amended to read: 11.24 Subd. 2. [LEASES AND MANAGEMENT CONTRACTS.] (a) A public 11.25 officer or agency that is authorized by law to lease or enter 11.26 into a management contract with respect to state bond financed 11.27 property shall comply with this subdivision. 11.28 (b) The lease or management contract may be entered into 11.29 for the express purpose of carrying out a governmental program 11.30 established or authorized by law and established by official 11.31 action of the contracting public officer or agency, in 11.32 accordance with orders of the commissioner intended to ensure 11.33 the legality and tax-exempt status of bonds issued to finance 11.34 the property, and with the approval of the commissioner. A 11.35 lease or management contract, including any renewals that are 11.36 solely at the option of the lessee, must be for a term 12.1 substantially less than the useful life of the property, but may 12.2 allow renewal beyond that term upon a determination by the 12.3 lessor that the use continues to carry out the governmental 12.4 program. A lease or management contract must be terminable by 12.5 the contracting public officer or agency if the other 12.6 contracting party defaults under the contract or if the 12.7 governmental program is terminated or changed, and must provide 12.8 for program oversight by the contracting public officer or 12.9 agency. Money received by the public officer or agency under 12.10 the lease or management contract that is not needed to pay and 12.11 not authorized to be used to pay operating costs of the 12.12 property, or to pay the principal, interest, redemption 12.13 premiums, and other expenses when due on debt related to the 12.14 property other than state bonds, must be: 12.15 (1) paid to the commissioner in the same proportion as the 12.16 state bond financing is to the total public debt financing for 12.17 the property, excluding debt issued by a unit of government for 12.18 which it has no financial liability; 12.19 (2) deposited in the state bond fund
,; and 12.20 (3) used to pay or redeem or defease bonds issued to 12.21 finance the property in accordance with the commissioner's order 12.22 authorizing their issuance ;. 12.23 The money paid to the commissioner is appropriated for this 12.24 purpose. 12.25 (c) With the approval of the commissioner, a lease or 12.26 management contract between a city and a nonprofit corporation 12.27 under section 471.191, subdivision 1, need not require the 12.28 lessee to pay rentals sufficient to pay the principal, interest, 12.29 redemption premiums, and other expenses when due with respect to 12.30 state bonds issued to acquire and better the facilities. 12.31 Sec. 21. Minnesota Statutes 1994, section 16A.695, 12.32 subdivision 3, is amended to read: 12.33 Subd. 3. [SALE OF PROPERTY.] A public officer or agency 12.34 shall not sell any state bond financed property unless the 12.35 public officer or agency determines by official action that the 12.36 property is no longer usable or needed by the public officer or 13.1 agency to carry out the governmental program for which it was 13.2 acquired or constructed, the sale is made as authorized by law, 13.3 the sale is made for fair market value, and the sale is approved 13.4 by the commissioner. If any state bonds issued to purchase or 13.5 better the state bond financed property that is sold remain 13.6 outstanding on the date of sale, the net proceeds of sale must 13.7 be applied as follows: 13.8 (1) if the state bond financed property was acquired and 13.9 bettered solely with state bond proceeds, the net proceeds of 13.10 sale must be paid to the commissioner, deposited in the state 13.11 bond fund, and used to pay or redeem or defease the outstanding 13.12 state bonds in accordance with the commissioner's order 13.13 authorizing their issuance, and the proceeds are appropriated 13.14 for this purpose; or 13.15 (2) if the state bond financed property was acquired or 13.16 bettered partly with state bond proceeds and partly with other 13.17 money, the net proceeds of sale must firstbe used: first, to 13.18 pay or redeem or defease the state bonds as provided in clause13.19 (1), andto the state the amount of state bond proceeds used to 13.20 acquire or better the property; second, to pay in full any 13.21 outstanding public or private debt incurred to acquire or better 13.22 the property; and third, any excess over the amount needed 13.23 for that purposethose purposes must be divided in proportion to 13.24 the shares contributed to itsthe acquisition or betterment of 13.25 the property and paid to the interested public and private 13.26 entities, other than any private lender already paid in full, 13.27 and the proceeds are appropriated for this purpose. 13.28 When all of the net proceeds of sale have been applied as 13.29 provided in this subdivision, this section no longer applies to 13.30 the property. 13.31 Sec. 22. Minnesota Statutes 1994, section 16A.695, is 13.32 amended by adding a subdivision to read: 13.33 Subd. 3a. [INVOLUNTARY SALE OF PROPERTY.] Notwithstanding 13.34 subdivision 3, this subdivision applies to the sale of state 13.35 bond financed property by a lender that has provided money to 13.36 acquire or better the property. Purchase by the lender in a 14.1 foreclosure sale, acceptance of a deed in lieu of foreclosure, 14.2 or enforcement of a security interest in personal property, by 14.3 the lender, is not a sale. Following purchase by the lender, 14.4 the lender shall not operate the property in a manner 14.5 inconsistent with the governmental program established as 14.6 provided in subdivision 2, paragraph (b). The lender shall 14.7 exercise its best efforts to sell the property to a third party 14.8 as soon as feasible following acquisition of marketable title to 14.9 the property by the lender. A sale by the lender must be made 14.10 as authorized by law and must be made for fair market value. 14.11 Sec. 23. Minnesota Statutes 1994, section 16B.24, is 14.12 amended by adding a subdivision to read: 14.13 Subd. 3a. [SALE OF REAL PROPERTY.] By February 1 of each 14.14 year, the commissioner shall report to the chairs of the senate 14.15 committee on finance and the house of representatives committees 14.16 on ways and means and capital investment all sales or other 14.17 transfers of real property owned by the state that have taken 14.18 place in the preceding calendar year. The report shall include 14.19 a description of the property, reason for the sale, the name of 14.20 the buyer, and the price for which the property was sold. Sales 14.21 of easements need not be included. This subdivision does not 14.22 apply to real property held by the department of natural 14.23 resources, the department of transportation, or the board of 14.24 water and soil resources, except for real property that has been 14.25 used for office space by any of those agencies. This 14.26 subdivision does not apply to property owned by the board of 14.27 trustees of the Minnesota state colleges and universities or the 14.28 University of Minnesota. 14.29 Sec. 24. Minnesota Statutes 1994, section 16B.335, 14.30 subdivision 1, is amended to read: 14.31 Subdivision 1. [CONSTRUCTION AND MAJOR REMODELING.] The 14.32 commissioner, or any other recipient to whom an appropriation is 14.33 made to acquire or better public lands or buildings or other 14.34 public improvements of a capital nature, must not prepare final 14.35 plans and specifications for any construction, major remodeling, 14.36 or land acquisition in anticipation of which the appropriation 15.1 was made until the agency that will use the project has 15.2 presented the program plan and cost estimates for all elements 15.3 necessary to complete the project to the chair of the senate 15.4 finance committee and the chair of the house ways and means 15.5 committee and the chairs have made their recommendations, and 15.6 the chair of the house capital investment committee is 15.7 notified. "Construction or major remodeling" means construction 15.8 of a new building or substantial alteration of the exterior 15.9 dimensions or interior configuration of an existing building. 15.10 The presentation must note any significant changes in the work 15.11 that will be done, or in its cost, since the appropriation for 15.12 the project was enacted. The program plans and estimates must 15.13 be presented for review at least two weeks before a 15.14 recommendation is needed. The recommendations are advisory 15.15 only. Failure or refusal to make a recommendation is considered 15.16 a negative recommendation. The chairs of the senate finance 15.17 committee, the house capital investment committee, and the house 15.18 ways and means committee must also be notified whenever there is 15.19 a substantial change in a construction or major remodeling 15.20 project, or in its cost. 15.21 Sec. 25. Minnesota Statutes 1994, section 16B.335, 15.22 subdivision 2, is amended to read: 15.23 Subd. 2. [OTHER PROJECTS.] All other capital projects for 15.24 which a specific appropriation is made must not proceed until 15.25 the recipient undertaking the project has notified the chair of 15.26 the senate finance committee, the chair of the house capital 15.27 investment committee, and the chair of the house ways and means 15.28 committee that the work is ready to begin. Notice is not 15.29 required for capital projects needed to comply with the 15.30 Americans with Disabilities Act or funded by an agency's 15.31 operating budget or by a capital asset preservation and 15.32 replacement account under section 16A.632, or a higher education 15.33 capital asset preservation and renewal account under section 15.34 135A.046. 15.35 Sec. 26. Minnesota Statutes 1994, section 16B.335, 15.36 subdivision 5, is amended to read: 16.1 Subd. 5. [INFORMATION TECHNOLOGY.] Agency requests for 16.2 construction and remodeling funds shall include money for 16.3 cost-effective information technology investments that would 16.4 enable an agency to reduce its need for office space, provide 16.5 more of its services electronically, and decentralize its 16.6 operations. The information policy office must review and 16.7 approve the information technology portion of construction and 16.8 major remodeling program plans before the plans are submitted to 16.9 the chairs of the senate finance committee and the house of 16.10 representatives ways and means committee for their 16.11 recommendations and the chair of the house of representatives 16.12 capital investment committee is notified as required by 16.13 subdivision 1. 16.14 Sec. 27. Minnesota Statutes 1994, section 124.431, 16.15 subdivision 2, is amended to read: 16.16 Subd. 2. [DISTRICT REQUEST FOR REVIEW AND COMMENT.] A 16.17 school district or a joint powers district that intends to apply 16.18 for a capital loan must submit a proposal to the commissioner 16.19 for review and comment according to section 121.15 on or before 16.20 July 1 of an odd-numbered year. The commissioner must prepare a 16.21 review and comment on the proposed facility, regardless of the 16.22 amount of the capital expenditure required to construct the 16.23 facility. In addition to the information provided under section 16.24 121.15, subdivision 7, the commissioner shall consider the 16.25 following criteria in determining whether to make a positive 16.26 review and comment. 16.27 (a) To grant a positive review and comment the commissioner 16.28 must determine that all of the following conditions are met: 16.29 (1) the facilities are needed for pupils for whom no 16.30 adequate facilities exist or will exist; 16.31 (2) the district will serve, on average, at least 80 pupils 16.32 per grade or is eligible for sparsity revenue; 16.33 (3) no form of cooperation with another district would 16.34 provide the necessary facilities; 16.35 (4) the facilities are comparable in size and quality to 16.36 facilities recently constructed in other districts that have 17.1 similar enrollments; 17.2 (5) the facilities are comparable in size and quality to 17.3 facilities recently constructed in other districts that are 17.4 financed without a capital loan; 17.5 (6) the district is projected to maintain or increase its 17.6 average daily membership over the next five years or is eligible 17.7 for sparsity revenue; 17.8 (7) the current facility poses a threat to the life, 17.9 health, and safety of pupils, and cannot reasonably be brought 17.10 into compliance with fire, health, or life safety codes; 17.11 (8) the district has made a good faith effort, as evidenced 17.12 by its maintenance expenditures, to adequately maintain the 17.13 existing facility during the previous ten years and to comply 17.14 with fire, health, and life safety codes and state and federal 17.15 requirements for handicapped accessibility; 17.16 (9) the district has made a good faith effort to encourage 17.17 integration of social service programs within the new facility; 17.18 and 17.19 (10) evaluations by school boards of adjacent districts 17.20 have been received. 17.21 (b) The commissioner may grant a negative review and 17.22 comment if: 17.23 (1) the state demographer has examined the population of 17.24 the communities to be served by the facility and determined that 17.25 the communities have not grown during the previous five years; 17.26 (2) the state demographer determines that the economic and 17.27 population bases of the communities to be served by the facility 17.28 are not likely to grow or to remain at a level sufficient, 17.29 during the next ten years, to ensure use of the entire facility; 17.30 (3) the need for facilities could be met within the 17.31 district or adjacent districts at a comparable cost by leasing, 17.32 repairing, remodeling, or sharing existing facilities or by 17.33 using temporary facilities; 17.34 (4) the district plans do not include cooperation and 17.35 collaboration with health and human services agencies and other 17.36 political subdivisions; or 18.1 (5) if the application is for new construction, an existing 18.2 facility that would meet the district's needs could be purchased 18.3 at a comparable cost from any other source within the area. 18.4 Sec. 28. Minnesota Statutes 1994, section 124.431, 18.5 subdivision 5, is amended to read: 18.6 Subd. 5. [DISTRICT APPLICATION FOR CAPITAL LOAN.] The 18.7 school board of a district desiring a capital loan shall adopt a 18.8 resolution stating the amount proposed to be borrowed, the 18.9 purpose for which the debt is to be incurred, and an estimate of 18.10 the dates when the facilities for which the loan is requested 18.11 will be contracted for and completed. Applications for loans 18.12 must be accompanied by a copy of the adopted board resolution 18.13 and copies of the adjacent district evaluations. The evaluation 18.14 shall be retained by the commissioner as part of a permanent 18.15 record of the district submitting the evaluation. 18.16 Applications must be in the form and accompanied by the 18.17 additional data required by the commissioner. Applications must 18.18 be received by the commissioner by NovemberSeptember 1 of an 18.19 odd-numbered year. A district must resubmit an application each 18.20 odd-numbered year. Capital loan applications that do not 18.21 receive voter approval or are not approved in law cancel July 1 18.22 of the year following application. When an application is 18.23 received, the commissioner shall obtain from the commissioner of 18.24 revenue the information in the revenue department's official 18.25 records that is required to be used in computing the debt limit 18.26 of the district under section 475.53, subdivision 4. 18.27 Sec. 29. Minnesota Statutes 1994, section 124.431, 18.28 subdivision 6, is amended to read: 18.29 Subd. 6. [STATE BOARD REVIEW; DISTRICT PROPOSALS.] By 18.30 JanuaryNovember 1 of each odd-numbered year, the state board 18.31 must review all applications for capital loans that have 18.32 received a positive review and comment. When reviewing 18.33 applications, the state board shall consider whether the 18.34 criteria in subdivision 2 have been met. The state board may 18.35 not approve an application if all of the required deadlines have 18.36 not been met. The state board may either approve or reject an 19.1 application for a capital loan. 19.2 Sec. 30. Minnesota Statutes 1994, section 124.431, 19.3 subdivision 7, is amended to read: 19.4 Subd. 7. [RECOMMENDATIONS OF THE COMMISSIONER.] The 19.5 commissioner shall examine and consider applications for capital 19.6 loans that have been approved by the state board of education, 19.7 and promptly notify any district rejected by the state board of 19.8 the state board's decision. 19.9 The commissioner shall report each capital loan that has 19.10 been approved by the state board and that has received voter 19.11 approval to the education committees of the legislature by 19.12 FebruaryJanuary 1 of each even-numbered year. The commissioner 19.13 must not report a capital loan that has not received voter 19.14 approval. The commissioner shall also report on the money 19.15 remaining in the capital loan account and, if necessary, request 19.16 that another bond issue be authorized. 19.17 Sec. 31. Minnesota Statutes 1994, section 124.431, 19.18 subdivision 10, is amended to read: 19.19 Subd. 10. [DISTRICT REFERENDUM.] After receipt of the 19.20 review and comment on the project and before FebruaryJanuary 1 19.21 of the even-numbered year, the question authorizing the 19.22 borrowing of money for the facilities must be submitted by the 19.23 school board to the voters of the district at a regular or 19.24 special election. The question submitted must state the total 19.25 amount to be borrowed from all sources. Approval of a majority 19.26 of those voting on the question is sufficient to authorize the 19.27 issuance of the obligations on public sale in accordance with 19.28 chapter 475. The face of the ballot must include the following 19.29 statement: "APPROVAL OF THIS QUESTION DOES NOT GUARANTEE THAT 19.30 THE SCHOOL DISTRICT WILL RECEIVE A CAPITAL LOAN FROM THE STATE. 19.31 THE LOAN MUST BE APPROVED BY THE STATE LEGISLATURE AND IS 19.32 DEPENDENT ON AVAILABLE FUNDING." The district shall mail to the 19.33 commissioner of education a certificate by the clerk showing the 19.34 vote at the election. 19.35 Sec. 32. Minnesota Statutes 1994, section 124.494, 19.36 subdivision 2, is amended to read: 20.1 Subd. 2. [REVIEW BY COMMISSIONER.] (a) Any group of 20.2 districts that submits an application for a grant shall submit a 20.3 proposal to the commissioner for review and comment under 20.4 section 121.15, and the commissioner shall prepare a review and 20.5 comment on the proposed facility by July 1 of an odd-numbered 20.6 year, regardless of the amount of the capital expenditure 20.7 required to acquire, construct, remodel or improve the secondary 20.8 facility. The commissioner must not approve an application for 20.9 an incentive grant for any secondary facility unless the 20.10 facility receives a favorable review and comment under section 20.11 121.15 and the following criteria are met: 20.12 (1) a minimum of two or more districts, with kindergarten 20.13 to grade 12 enrollments in each district of no more than 1,200 20.14 pupils, enter into a joint powers agreement; 20.15 (2) a joint powers board representing all participating 20.16 districts is established under section 471.59 to govern the 20.17 cooperative secondary facility; 20.18 (3) the planned secondary facility will result in the joint 20.19 powers district meeting the requirements of Minnesota Rules, 20.20 parts 3500.2010 and 3500.2110; 20.21 (4) at least 198 pupils would be served in grades 10 to 12, 20.22 264 pupils would be served in grades 9 to 12, or 396 pupils 20.23 would be served in grades 7 to 12; 20.24 (5) no more than one superintendent is employed by the 20.25 joint powers board as a result of the cooperative secondary 20.26 facility agreement; 20.27 (6) a statement of need is submitted, that may include 20.28 reasons why the current secondary facilities are inadequate, 20.29 unsafe or inaccessible to the handicapped; 20.30 (7) an educational plan is prepared, that includes input 20.31 from both community and professional staff; 20.32 (8) a combined seniority list for all participating 20.33 districts is developed by the joint powers board; 20.34 (9) an education program is developed that provides for 20.35 more learning opportunities and course offerings, including the 20.36 offering of advanced placement courses, for students than is 21.1 currently available in any single member district; 21.2 (10) a plan is developed for providing instruction of any 21.3 resident students in other districts when distance to the 21.4 secondary education facility makes attendance at the facility 21.5 unreasonably difficult or impractical; and 21.6 (11) the joint powers board established under clause (2) 21.7 discusses with technical colleges located in the area how 21.8 vocational education space in the cooperative secondary facility 21.9 could be jointly used for secondary and post-secondary purposes. 21.10 (b) To the extent possible, the joint powers board is 21.11 encouraged to provide for severance pay or for early retirement 21.12 incentives under section 125.611, for any teacher or 21.13 administrator, as defined under section 125.12, subdivision 1, 21.14 who is placed on unrequested leave as a result of the 21.15 cooperative secondary facility agreement. 21.16 (c) For the purpose of paragraph (a), clause (8), each 21.17 school district must be considered to have started school each 21.18 year on the same date. 21.19 (d) The districts may develop a plan that provides for the 21.20 location of social service, health, and other programs serving 21.21 pupils and community residents within the cooperative secondary 21.22 facility. The commissioner shall consider this plan when 21.23 preparing a review and comment on the proposed facility. 21.24 (e) The districts shall schedule and conduct a meeting on 21.25 library services. The school districts, in cooperation with the 21.26 regional public library system and its appropriate member 21.27 libraries, shall discuss the possibility of including jointly 21.28 operated library services at the cooperative secondary facility. 21.29 (f) The school board of a district that has reorganized 21.30 under section 122.23 or 122.243 and that is applying for a grant 21.31 for remodeling or improving an existing facility may act in the 21.32 place of a joint powers board to meet the criteria of this 21.33 subdivision. 21.34 Sec. 33. Minnesota Statutes 1994, section 124.494, 21.35 subdivision 3, is amended to read: 21.36 Subd. 3. [DISTRICT PROCEDURES.] A joint powers board of a 22.1 secondary district established under subdivision 2 or a school 22.2 board of a reorganized district that intends to apply for a 22.3 grant shall adopt a resolution stating the proposed costs of the 22.4 project, the purpose for which the costs are to be incurred, and 22.5 an estimate of the dates when the facilities for which the grant 22.6 is requested will be contracted for and completed. Applications 22.7 for the state grants must be accompanied by (a) a copy of the 22.8 resolution, (b) a certificate by the clerk and treasurer of the 22.9 joint powers board showing the current outstanding indebtedness 22.10 of each member district, and (c) a certificate by the county 22.11 auditor of each county in which a portion of the joint powers 22.12 district lies showing the information in the auditor's official 22.13 records that is required to be used in computing the debt limit 22.14 of the district under section 475.53, subdivision 4. The 22.15 clerk's and treasurer's certificate shall show, as to each 22.16 outstanding bond issue of each member district, the amount 22.17 originally issued, the purpose for which issued, the date of 22.18 issue, the amount remaining unpaid as of the date of the 22.19 resolution, and the interest rates and due dates and amounts of 22.20 principal thereon. Applications and necessary data must be in 22.21 the form prescribed by the commissioner and the rules of the 22.22 state board of education. Applications must be received by the 22.23 commissioner by September 1 of an odd-numbered year. When an 22.24 application is received, the commissioner shall obtain from the 22.25 commissioner of revenue, and from the public utilities 22.26 commission when required, the information in their official 22.27 records that is required to be used in computing the debt limit 22.28 of the joint powers district under section 475.53, subdivision 4. 22.29 Sec. 34. Minnesota Statutes 1994, section 124.494, 22.30 subdivision 4, is amended to read: 22.31 Subd. 4. [AWARD OF GRANTS.] By November 1 of the 22.32 odd-numbered year, the commissioner shall examine and consider 22.33 all applications for grants, and if any district is found not 22.34 qualified, the commissioner shall promptly notify that board. 22.35 A grant award is subject to verification by the district as 22.36 specified in subdivision 6. A grant award for a new facility 23.1 must not be made until the site of the secondary facility has 23.2 been determined. A grant award to remodel or improve an 23.3 existing facility must not be made until the districts have 23.4 reorganized. If the total amount of the approved applications 23.5 exceeds the amount that is or can be made available, the 23.6 commissioner shall allot the available amount equally between 23.7 the approved applicant districts. The commissioner shall 23.8 promptly certify to each qualified district the amount, if any, 23.9 of the grant awarded to it. 23.10 Sec. 35. Minnesota Statutes 1994, section 136.62, 23.11 subdivision 9, is amended to read: 23.12 Subd. 9. [AUTHORIZATION TO SEEK FINANCING.] A community 23.13 college must not seek financing for child care facilities or 23.14 parking facilities through the higher education facilities 23.15 authority, as provided in section 136A.28, subdivision 3, 23.16 without the explicit authorization of the state board. 23.17 Sec. 36. Minnesota Statutes 1994, section 136.62, is 23.18 amended by adding a subdivision to read: 23.19 Subd. 10. [PARKING FACILITIES.] State appropriations for 23.20 repair or construction of parking facilities must not be used 23.21 for more than one-half of the repair or construction cost of a 23.22 parking facility at any community college campus. The campus 23.23 must provide the remaining costs through user fees. 23.24 Sec. 37. [PARKING FACILITIES REPORT.] 23.25 By January 1, 1996, the board of trustees of the Minnesota 23.26 state colleges and universities must develop and implement a 23.27 plan to finance all repair and construction costs for parking 23.28 facilities with user fees. The plan must be reported to the 23.29 legislature by February 1, 1996. 23.30 Sec. 38. Minnesota Statutes 1994, section 136A.28, 23.31 subdivision 7, is amended to read: 23.32 Subd. 7. "Participating institution of higher education" 23.33 means an institution of higher education that, under the 23.34 provisions of sections 136A.25 to 136A.42, undertakes the 23.35 financing and construction or acquisition of a project or 23.36 undertakes the refunding or refinancing of obligations or of a 24.1 mortgage or of advances as provided in sections 136A.25 to 24.2 136A.42. Community colleges and technical colleges may be 24.3 considered participating institutions of higher education for 24.4 the purpose of financing and constructing child care 24.5 facilities and parking facilities. 24.6 Sec. 39. Minnesota Statutes 1994, section 446A.12, 24.7 subdivision 1, is amended to read: 24.8 Subdivision 1. [BONDING AUTHORITY.] The authority may 24.9 issue negotiable bonds in a principal amount that the authority 24.10 determines necessary to provide sufficient funds for achieving 24.11 its purposes, including the making of loans and purchase of 24.12 securities, the payment of interest on bonds of the authority, 24.13 the establishment of reserves to secure its bonds, the payment 24.14 of fees to a third party providing credit enhancement, and the 24.15 payment of all other expenditures of the authority incident to 24.16 and necessary or convenient to carry out its corporate purposes 24.17 and powers, but not including the making of grants. Bonds of 24.18 the authority may be issued as bonds or notes or in any other 24.19 form authorized by law. The principal amount of bonds issued 24.20 and outstanding under this section at any time may not exceed 24.21 $350,000,000$450,000,000, excluding bonds for which refunding 24.22 bonds or crossover refunding bonds have been issued. 24.23 Sec. 40. Laws 1994, chapter 632, article 3, section 12, is 24.24 amended to read: 24.25 Sec. 12. MILITARY AFFAIRS 50,000 24.26 This appropriation is to the adjutant 24.27 general for a grant to the Minnesota 24.28 National Guard youth camp to set up and 24.29 provide initial funding for a 24.30 foundation to run the camp. The 24.31 appropriation must beis available only 24.32 as matched, dollar for dollar, by an 24.33 equal amount from nonstate sources. 24.34 Sec. 41. Laws 1994, chapter 643, section 2, subdivision 24.35 15, is amended to read: 24.36 Subd. 15. Science Museum of 24.37 Minnesota 1,000,000 24.38 This appropriation is for a grant to 24.39 the city of St. Paul to planfor 24.40 predesign and design of a science 24.41 museum as authorized by section 81, 24.42 subject to new Minnesota Statutes, 25.1 section 16A.695. 25.2 This appropriation is not available 25.3 until the city of St. Paul has 25.4 delivered to the commissioner a 25.5 certified copy of a resolution of the 25.6 city of St. Paul requesting payment and 25.7 evidencing the commitment of the city 25.8 to make a city-owned riverfront site 25.9 available for the museum at no cost to 25.10 the nonprofit organization that will 25.11 operate the museum and the commissioner 25.12 has determined that the necessary25.13 financing to complete the design of the25.14 museum$2 has been committed by 25.15 nonstate sources for each $1 from this 25.16 appropriation. 25.17 Sec. 42. Laws 1994, chapter 643, section 10, subdivision 25.18 10, is amended to read: 25.19 Subd. 10. Rochester Technical College 1,200,000 25.20 This appropriation is to prepare25.21 working drawings forpredesign and 25.22 design an integrated campus in 25.23 accordance with this 25.24 subdivision. $600,000 of this 25.25 appropriation is available immediately. 25.26 The remainder is available after a 25.27 master academic plan has been approved 25.28 under clause (3) and the technical 25.29 college has been sold. 25.30 (1) Rochester independent school25.31 district No. 535 andThe stateboard of 25.32 technical collegestrustees of the 25.33 Minnesota state colleges and 25.34 universities may enter into an 25.35 agreement for the sale of the Rochester 25.36 Technical College. The sale is 25.37 contingent on statethe approval of the 25.38 board of technical colleges approval25.39 and passage of a referendum by the25.40 voters in Rochester school district No.25.41 535trustees and a determination by the 25.42 board of trustees that the sale is 25.43 consistent with its priorities. The 25.44 sale price shall equal the appraised 25.45 value if sold to independent school 25.46 district No. 535, Rochester, or, if 25.47 sold to any other party, the sale price 25.48 shall not be less than the appraised 25.49 value. 25.50 It is the intent of the legislature 25.51 that no technical college program 25.52 reduction, apart from normal program 25.53 review, shall occur as a result of this 25.54 sale. 25.55 (2) The sale shall not cause the 25.56 technical college to lease space or to 25.57 move to any temporary site. 25.58 (3) Prior to the preparation of design 25.59 documents, the post-secondary boards 25.60 and the relevant campus staff shall 25.61 jointly prepare a master academic plan 25.62 for an integrated campus for the 26.1 Rochester center facility. The boards 26.2 shall consider the creation of a 26.3 polytechnic university. Program review26.4 by the higher education coordinating26.5 board shall be done in accordance with26.6 Minnesota Statutes, section 136A.04.26.7 The plan shall be submitted to the26.8 higher education board for approval by26.9 December 1, 1994. If approved,The 26.10 plan shall be submitted for review to 26.11 the higher education finance divisions 26.12 by January 1516, 19951996, and must 26.13 be approved by the legislature before 26.14 the remaining $600,000 of the 26.15 appropriation is available. The state26.16 board of technical colleges, in26.17 cooperation with the state board of26.18 community colleges, shall not proceed26.19 with working drawings until after26.20 passage of the referendum and after the26.21 master academic plan has been approved26.22 by the higher education board.26.23 (4) The proceeds from the sale of the 26.24 technical college to Rochester26.25 independent school district No. 535,26.26 are appropriated for the planning26.27 design and construction necessary to 26.28 integrate technical college programs 26.29 into the Rochester center and to add or 26.30 modify space where necessary. The new 26.31 technical college program space must be 26.32 attached to and must maximize the 26.33 current services, space, and programs 26.34 of the technical college, community 26.35 college, state university, and 26.36 University of Minnesota cooperative 26.37 campus. The state board of technical26.38 collegestrustees may not begin 26.39 construction of this project until the 26.40 legislature has approved the 26.41 construction plans. 26.42 (5) The state board of technical26.43 collegestrustees shall develop a plan 26.44 to relocate to the Austin, Faribault, 26.45 and other Southeastern Minnesota 26.46 campuses all Rochester campus programs 26.47 that are not essential to the 26.48 integrated mission planned for the 26.49 Rochester center facility. This plan 26.50 must be completed prior to preparing 26.51 design documents for the technical 26.52 college addition to the Rochester 26.53 center. 26.54 (6) The state board of technical26.55 collegestrustees shall consider 26.56 relocating the horticulture technology 26.57 program from the Rochester campus to 26.58 the Austin campus of Riverland 26.59 technical college before the start of 26.60 the 1995-1996 academic year. 26.61 Sec. 43. Laws 1994, chapter 643, section 11, subdivision 26.62 8, is amended to read: 26.63 Subd. 8. Minneapolis Community College 375,000 26.64 This appropriation is to prepare 27.1 working drawingsdesign documents to 27.2 remodel and construct new space at the 27.3 campus for joint use with Minneapolis 27.4 Technical College. The appropriation 27.5 is available only after an approved 27.6 master academic plan has been developed 27.7 for the campus. The master academic 27.8 plan shall be developed jointly with 27.9 representation from each of the public27.10 post-secondary systemscampuses. The 27.11 higher education board shall review the 27.12 plan. The appropriation is available 27.13 if the higher education board approves 27.14 the plan. 27.15 Sec. 44. Laws 1994, chapter 643, section 11, subdivision 27.16 13, is amended to read: 27.17 Subd. 13. Vermilion Community College 120,000 27.18 This appropriation is to prepare 27.19 schematic plans to remodel and 27.20 construct space for labs, classrooms, 27.21 student services, campus 27.22 center, learning resource center, and 27.23 institutional services. The 27.24 appropriation is available only after a 27.25 master academic plan has been developed 27.26 for the campus and approved by the 27.27 higher education board. The master 27.28 academic plan shall be developed 27.29 jointly with representation from each 27.30 of the public post-secondary systems. 27.31 Sec. 45. Laws 1994, chapter 643, section 19, subdivision 27.32 8, is amended to read: 27.33 Subd. 8. Battle Point 27.34 Historic Site 350,000 27.35 For constructiondesign of the Battle 27.36 Point historic site, preliminary plans 27.37 for which were authorized in Laws 1990, 27.38 chapter 610, article 1, section 17, and 27.39 Laws 1992, chapter 558, section 24, 27.40 subdivision 5. 27.41 Notwithstanding Laws 1990, chapter 610, 27.42 article 1, section 17, the planned 27.43 educational center will be owned by 27.44 independent school district No. 115, 27.45 Cass Lake-Bena, and is subject to 27.46 Minnesota Statutes, section 16A.695. 27.47 The center must be constructed on land 27.48 leased to the school district by the 27.49 Leech Lake Band of Chippewa Indians 27.50 under a ground lease having an initial 27.51 term of at least 20 years and a total 27.52 term of at least 40 years, including 27.53 renewal options. The school district 27.54 must contract with the Leech Lake Band 27.55 to operate the center on behalf of the 27.56 council. The center and all classes 27.57 and programs run by or through the 27.58 center must be open to the public. 27.59 Sec. 46. Laws 1994, chapter 643, section 21, subdivision 27.60 4, is amended to read: 28.1 Subd. 4. Tourism and Exposition 28.2 Centers 2,200,000 28.3 For two grants to political 28.4 subdivisions for exhibition space for 28.5 tourism and exposition centers. One 28.6 grant must be for $1,000,000 to the 28.7 southwest regional development 28.8 commission for the Prairieland Expo 28.9 facility to develop construction 28.10 planning documents for capital 28.11 improvements, and to acquire land for 28.12 the facility. This grant is subject to 28.13 new Minnesota Statutes, section 28.14 16A.695. It is the legislature's 28.15 expectation that the commission will 28.16 secure a grant from the department of 28.17 transportation's intermodal surface 28.18 transportation efficiency act funds. 28.19 The other grant must be for capital 28.20 improvements for a publicly owned 28.21 tourism and exposition center selected 28.22 by the commissioner and located in 28.23 northeastern Minnesota. 28.24 Sec. 47. Laws 1994, chapter 643, section 23, subdivision 28.25 7, is amended to read: 28.26 Subd. 7. Forestry Air 28.27 Tanker Facilities 368,000 28.28 To replace temporary buildings,upgrade 28.29 equipment, andconstruct fuel and fire 28.30 retardant spill containment systems at 28.31 air tanker bases at Bemidji, Hibbing, 28.32 and Brainerd, and replace the temporary 28.33 building at Bemidji. 28.34 $183,000 of this appropriation is for 28.35 state funding of the Bemidji site and 28.36 is contingent upon commitment of 28.37 $200,000 in matching funds from the 28.38 United States Bureau of Indian Affairs. 28.39 Sec. 48. Laws 1994, chapter 643, section 23, subdivision 28.40 28, is amended to read: 28.41 Subd. 28. Environmental 28.42 Learning Centers 11,500,000 28.43 This appropriation is to the 28.44 commissioner of natural resources to 28.45 plan, design, and construct facilities 28.46 owned by political subdivisions at 28.47 residential environmental learning 28.48 centers as provided in this subdivision 28.49 and new Minnesota Statutes, section 28.50 84.0875. 28.51 The appropriations in items (a) through 28.52 (e) are available as follows: (1) of 28.53 the $7,500,000 total, $5,000,000 is 28.54 available only when the commissioner 28.55 has determined that matching money in 28.56 the sum of $17,500,000$12,500,000 has 28.57 been committed by nonstate sources; and 28.58 (2) the remaining $2,500,000 is 28.59 available to the extent that matching 28.60 money in the amount of $2 for each $1 29.1 of state money is committed by nonstate 29.2 sources, as determined by the 29.3 commissioner, provided that money may 29.4 not be spent under this sentence until 29.5 the amount available, including 29.6 matching money, is sufficient to 29.7 complete a functional improvement. 29.8 (a) Long Lake Conservation Center 1,200,000 29.9 This appropriation is for a grant to 29.10 Aitkin county. 29.11 (b) Deep Portage Conservation Reserve 1,470,000 29.12 This appropriation is for a grant to 29.13 Cass county. 29.14 (c) Wolf Ridge Environmental 29.15 Learning Center 2,100,000 29.16 This appropriation is for a grant to 29.17 independent school district No. 381, 29.18 Lake Superior. 29.19 (d) Northwoods Audubon Center 1,080,000 29.20 This appropriation is for a grant to 29.21 independent school district No. 2580, 29.22 East Central. 29.23 (e) Forest Resource Center 1,650,000 29.24 This appropriation is for a grant to 29.25 independent school district No. 229, 29.26 Lanesboro. 29.27 If land and improvements in Fillmore 29.28 county that were conveyed by the state 29.29 to Southern Minnesota Forest Resource 29.30 Center under Laws 1990, chapter 452, 29.31 section 7, are pledged as security for 29.32 a loan to assist with the completion of 29.33 this project, the right of reverter 29.34 retained by the state is waived in 29.35 favor of the lender. 29.36 (f) Agassiz Environmental 29.37 Learning Center 300,000 29.38 This appropriation is for a grant to 29.39 the city of Fertile. 29.40 (g) Laurentian Environmental 29.41 Learning Center 450,000 29.42 This appropriation is for a grant to 29.43 independent school district No. 621, 29.44 Mounds View. 29.45 (h) Prairie Woods 29.46 Environmental Learning Center 250,000 29.47 This appropriation is for a grant to 29.48 Kandiyohi county. 29.49 (i) Prairie Wetlands 29.50 Environmental Learning Center 3,000,000 29.51 This appropriation is for a grant to 29.52 the city of Fergus Falls. 30.1 Appropriations in this subdivision must 30.2 be used for qualified capital 30.3 expenditures. 30.4 Sec. 49. Laws 1994, chapter 643, section 26, subdivision 30.5 3, is amended to read: 30.6 Subd. 3. RIM Conservation Easement 30.7 Acquisition 9,000,000 30.8 This appropriation is for the purposes 30.9 specified in paragraphs (a) to (c). 30.10 (a) To acquire conservation easements 30.11 from landowners on marginal lands to 30.12 protect soil and water quality and to 30.13 support fish and wildlife habitat as 30.14 provided in Minnesota Statutes, section 30.15 103F.515. 30.16 (b) To acquire perpetual conservation 30.17 easements on existing type 1, 2, and 3 30.18 wetlands, adjacent lands, and for the 30.19 establishment of permanent cover on 30.20 adjacent lands, in accordance with 30.21 Minnesota Statutes, section 103F.516. 30.22 (c) Up to $300,000 of this 30.23 appropriation may be used to establish 30.24 and restore wetlands to provide credits 30.25 for deposit in the state wetland bank 30.26 established under Minnesota Statutes, 30.27 section 103G.2242, subdivision 1. The 30.28 board may enter into agreements with 30.29 local government units and the 30.30 commissioner of transportation for this 30.31 purpose. An agreement with the 30.32 commissioner of transportation may 30.33 provide for borrowing or acquiring 30.34 existing wetland credits from the 30.35 wetland bank established by the 30.36 commissioner. Proceeds from the sale 30.37 of credits provided under this 30.38 paragraph are appropriated to the board 30.39 for the purposes of paragraph 30.40 (b). Sales of credits provided under 30.41 this paragraph need not be made for 30.42 fair market value when the sale is to a 30.43 public entity. 30.44 Sec. 50. Laws 1994, chapter 643, section 26, subdivision 30.45 4, is amended to read: 30.46 Subd. 4. Work Program 30.47 The board of water and soil resources 30.48 must submit a work program and 30.49 semiannual progress reports in the form 30.50 determined by the legislative water 30.51 commission and request its 30.52 recommendation before spending any 30.53 money appropriated by subdivisions 42 30.54 and 53. The commission's 30.55 recommendation is advisory only. 30.56 Failure to respond to a request within 30.57 60 days after receipt is a negative 30.58 recommendation. Work programs 30.59 involving land acquisition must include 30.60 a land acquisition plan. 31.1 Sec. 51. [MANKATO STATE.] 31.2 Mankato State University may sell to the city of Mankato 31.3 for fair market value approximately 2.66 acres of land in the 31.4 area of Warren Street, Stadium Road, and Hiniker Mill Road for 31.5 use as a detention basin. The university may also grant the 31.6 city of Mankato a permanent utility easement in order to provide 31.7 the city access to the basin. 31.8 Sec. 52. [REPEALER.] 31.9 Laws 1991, chapter 265, article 5, section 23, as amended 31.10 by Laws 1992, chapter 499, article 5, section 25, is repealed. 31.11 Sec. 53. [EFFECTIVE DATE.] 31.12 This article is effective the day after its final 31.13 enactment; section 17 applies to state bonds and certificates of 31.14 indebtedness, regardless of whether they were issued on, before, 31.15 or after that date. 31.16 ARTICLE 2 31.17 APPROPRIATION REDUCTIONS 31.18 Section 1. [APPROPRIATION REDUCTIONS; SUMMARY.] 31.19 Subdivision 1. [SUMMARY.] The amounts set forth in 31.20 parentheses in the column headed "APPROPRIATION REDUCTIONS" are 31.21 reductions from appropriations for the fiscal year ending June 31.22 30, 1995. 31.23 SUMMARY BY FUND 31.24 APPROPRIATION 31.25 REDUCTIONS 31.26 General Fund $ (10,699,000) 31.27 Subd. 2. Legislative Coordinating 31.28 Commission (500,000) 31.29 This reduction is taken from 31.30 appropriations made in Laws 1993, 31.31 chapter 192, Laws 1994, chapter 632, or 31.32 other law, and shall be allocated by 31.33 the legislative coordinating commission 31.34 among the senate, the house of 31.35 representatives, and the legislative 31.36 commissions. 31.37 Subd. 3. Environment and 31.38 Natural Resources 31.39 (a) Department of Agriculture (113,000) 31.40 (b) Office of Environmental Assistance (50,000) 31.41 (c) Pollution Control Agency (569,000) 32.1 (d) Department of Natural Resources (802,000) 32.2 Subd. 4. Education 32.3 Department of Education (200,000) 32.4 Subd. 5. Health and Human Services 32.5 (a) Department of Human Services (2,000,000) 32.6 (b) Department of Health (250,000) 32.7 Subd. 6. Transportation 32.8 (a) Department of Transportation (70,000) 32.9 (b) Department of Public Safety (128,000) 32.10 Subd. 7. Economic Development, 32.11 Infrastructure, and Regulation 32.12 (a) Department of Commerce (503,000) 32.13 (b) Department of Economic Security (78,000) 32.14 (c) Department of Labor and Industry (139,000) 32.15 (d) Department of Public Service (175,000) 32.16 (e) Department of Trade and 32.17 Economic Development (371,000) 32.18 Subd. 8. State Government 32.19 (a) Department of Administration (200,000) 32.20 (b) Department of Employee Relations (600,000) 32.21 (c) Department of Finance (350,000) 32.22 (d) Department of Human Rights (85,000) 32.23 (e) Department of Military Affairs (292,000) 32.24 (f) Department of Revenue (600,000) 32.25 Subd. 9. Judiciary Finance 32.26 (a) Department of Corrections (2,510,000) 32.27 (b) Department of Public Safety (114,000) 32.28 Sec. 2. [AGENCY DUTIES TO UNALLOT.] 32.29 Each agency of the executive branch shall unallot as 32.30 necessary to accomplish its reductions. Each executive branch 32.31 agency shall provide a listing to the commissioner of finance, 32.32 the chair of the senate finance committee, and the chair of the 32.33 ways and means committee of the house of representatives by June 32.34 1, 1995, of the appropriation accounts to be reduced. The 32.35 commissioner of finance shall effect these reductions by June 32.36 15, 1995. 32.37 Sec. 3. [APPROPRIATION.] 33.1 $20,000 is appropriated from the general fund to the peace 33.2 officer standards and training board for the fiscal year ending 33.3 June 30, 1995. This appropriation is added to the appropriation 33.4 in Laws 1993, chapter 146, article 2, section 2, to provide for 33.5 staffing and general operating costs of the board, including 33.6 legal fees. 33.7 Sec. 4. [EFFECTIVE DATE.] 33.8 This article is effective the day following final enactment.