HF 1930

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; specifying conditions
for state agencies leasing real property; amending
Minnesota Statutes 2004, section 16B.24, subdivision 6.

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

Section 1.

Minnesota Statutes 2004, section 16B.24,
subdivision 6, is amended to read:

Subd. 6.

Property leases.

(a) [LEASES.] The
commissioner shall lease land and other premises when necessary
for state purposes. Notwithstanding subdivision 6a, paragraph
(a), the commissioner may lease land or premises for up to ten
years, subject to cancellation upon 30 days' written notice by
the state for any reason except lease of other non-state-owned
land or premises for the same use. The commissioner may not
lease non-state-owned land and buildings or substantial portions
of land or buildings within the Capitol Area as defined in
section 15B.02 unless the commissioner first consults with the
Capitol Area Architectural and Planning Board. If the
commissioner enters into a lease-purchase agreement for
buildings or substantial portions of buildings within the
Capitol Area, the commissioner shall require that any new
construction of non-state-owned buildings conform to design
guidelines of the Capitol Area Architectural and Planning
Board. Lands needed by the Department of Transportation for
storage of vehicles or road materials may be leased for five
years or less, such leases for terms over two years being
subject to cancellation upon 30 days' written notice by the
state for any reason except lease of other non-state-owned land
or premises for the same use. An agency or department head must
consult with the chairs of the house appropriations and senate
finance committees before entering into any agreement that would
cause an agency's rental costs to increase by ten percent or
more per square foot or would increase the number of square feet
of office space rented by the agency by 25 percent or more in
any fiscal year.

(b) [USE VACANT PUBLIC SPACE.] No agency may initiate or
renew a lease for space for its own use in a private building
unless the commissioner has thoroughly investigated presently
vacant space in public buildings, such as closed school
buildings, and found that none is available or use of the space
is not feasible, prudent, and cost-effective compared with
available alternatives.

(c) [PREFERENCE FOR CERTAIN BUILDINGS.] For needs beyond
those which can be accommodated in state-owned buildings, the
commissioner shall acquire and utilize space in suitable
buildings of historical, architectural, or cultural significance
for the purposes of this subdivision unless use of that space is
not feasible, prudent and cost-effective compared with available
alternatives. Buildings are of historical, architectural, or
cultural significance if they are listed on the National
Register of Historic Places, designated by a state or county
historical society, or designated by a municipal preservation
commission.

(d) [RECYCLING SPACE.] Leases for space of 30 days or more
for 5,000 square feet or more must require that space be
provided for recyclable materials.

new text begin (e) Before the commissioner or an agency enters into an
agreement to lease land or buildings, the commissioner must
determine and report to the chairs of the house Ways and Means
and senate Finance Committees the prevailing lease rate in the
relevant market for property similar to that in the proposed
lease agreement. The commissioner or an agency may not enter
into a lease agreement for a rate that exceeds the rate reported
by the commissioner.
new text end