HF 2890

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to appropriations; authorizing state bonds; 
  1.3             appropriating money to the commissioner of corrections 
  1.4             for grants to counties to construct local adult 
  1.5             detention facilities. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [LOCAL ADULT DETENTION FACILITY CONSTRUCTION 
  1.8   GRANTS.] 
  1.9      Subdivision 1.  [GRANTS AUTHORIZED.] The commissioner of 
  1.10  corrections shall make grants to counties, or groups of 
  1.11  counties, for up to 50 percent of the construction cost of local 
  1.12  adult detention facilities.  The commissioner shall ensure that 
  1.13  grants are distributed for facilities throughout the state.  No 
  1.14  more than one grant shall be made in each judicial district.  
  1.15  Grant proposals may include more than one site.  
  1.16     Subd. 2.  [APPLICATIONS.] Applications for grants shall be 
  1.17  submitted to the commissioner using forms and instructions which 
  1.18  the commissioner shall provide.  The commissioner must notify 
  1.19  counties of the amount available for grants under this section 
  1.20  for the counties in their judicial district.  Applications may 
  1.21  be submitted by a county or by a group of counties.  The 
  1.22  application must indicate that all counties in the judicial 
  1.23  district have been consulted in the development of the proposal 
  1.24  for the facility.  If a county bordering a judicial district 
  1.25  requests to join with counties in the adjoining judicial 
  2.1   district, the commissioner may allow the county to cooperate in 
  2.2   the grant application with the counties in the adjoining 
  2.3   district.  If the commissioner allows this, the commissioner 
  2.4   shall reallocate the grant money attributable to that county to 
  2.5   the judicial district with which the county will be cooperating. 
  2.6      Subd. 3.  [ELIGIBILITY.] Applicants must include a 
  2.7   cooperative plan for adult detention among the applicant 
  2.8   counties.  The cooperative plan must identify the location of 
  2.9   facilities.  
  2.10     Subd. 4.  [USE OF PRIVATE ENTITY.] Applicants must consider 
  2.11  entering into agreements with private entities for the 
  2.12  construction and operation of the facility. 
  2.13     Subd. 5.  [ALLOCATION FORMULA.] (a) The commissioner must 
  2.14  determine the amount available for grants for counties in each 
  2.15  judicial district under this subdivision. 
  2.16     (b) Five percent of the money appropriated for these grants 
  2.17  shall be allocated for the counties in each judicial district 
  2.18  for a mileage distribution allowance in proportion to the 
  2.19  percent each county's surface area comprises of the total 
  2.20  surface area of the state.  Ninety-five percent of the money 
  2.21  appropriated for these grants shall be allocated for the 
  2.22  counties in each judicial district using the formula in 
  2.23  Minnesota Statutes, section 401.10. 
  2.24     (c) The amount allocated for all counties within a judicial 
  2.25  district shall be totaled to determine the amount available for 
  2.26  a grant within that judicial district.  Amounts attributable to 
  2.27  a county which the commissioner has authorized to cooperate in a 
  2.28  grant with a county or counties in an adjacent judicial district 
  2.29  shall be reallocated to that judicial district. 
  2.30     Subd. 6.  [AWARD OF GRANT.] The commissioner shall 
  2.31  determine the amount of the grant for each applicant.  Before 
  2.32  determining the amount of the grant, the commissioner must 
  2.33  determine that a facility of the size proposed is needed in the 
  2.34  proposed service area, and that the proposed facility meets the 
  2.35  minimum standards and requirements established by the 
  2.36  commissioner under Minnesota Statutes, section 241.022, 
  3.1   subdivision 4.  The commissioner may reduce the amount of the 
  3.2   grant below the amount requested by the applicant if the 
  3.3   commissioner determines that the facility could be constructed 
  3.4   at lesser cost, or that a smaller facility is warranted.  Grants 
  3.5   shall be for up to 50 percent of the cost of the facility, but 
  3.6   not to exceed the amount allocated for the counties in the 
  3.7   judicial district under subdivision 5.  The grant may only be 
  3.8   used for capital expenditures to acquire, design, construct, 
  3.9   renovate, equip, and furnish an adult detention facility. 
  3.10     Subd. 7.  [AGREEMENT.] Counties receiving grants must agree 
  3.11  to provide the money needed to finance the nonstate share of the 
  3.12  cost of construction of the facility, and if the grant is to a 
  3.13  group of counties, the counties must specify how this cost is 
  3.14  allocated among the counties in the group.  Counties receiving 
  3.15  grants must also agree that the county or group of counties will 
  3.16  operate the facility according to the minimum standards and 
  3.17  requirements established by the commissioner under Minnesota 
  3.18  Statutes, section 241.022, subdivision 4.  Counties and groups 
  3.19  of counties receiving grants must also agree to make beds 
  3.20  available to all other counties in the judicial district.  All 
  3.21  costs of operation of the facility must be paid by the county or 
  3.22  counties receiving the grants, except that costs for adults 
  3.23  placed in the facility may be billed to their county of 
  3.24  residence by agreement among the counties or by law.  
  3.25     Subd. 8.  [BONDS FOR LOCAL SHARE.] Counties receiving a 
  3.26  grant under this section may issue general obligation bonds 
  3.27  under chapter 475 without an election to finance the nonstate 
  3.28  share of the cost of the facility, and the indebtedness will not 
  3.29  be included in the net debt limit of the county.  Groups of 
  3.30  counties receiving a grant may issue these bonds individually, 
  3.31  or may agree that the bonds will be issued by a single county, 
  3.32  with the full faith, credit, and taxing power of each of the 
  3.33  counties in the group pledged for the repayment of the 
  3.34  obligations. 
  3.35     Subd. 9.  [REALLOCATION OF UNUSED GRANT MONEY.] On December 
  3.36  31, 2000, the commissioner shall determine whether any money 
  4.1   remains of the appropriations made in 1999 for the purposes of 
  4.2   this section.  If any money remains that has not been granted to 
  4.3   counties, the commissioner shall invite counties to submit 
  4.4   applications for capital improvements to acquire or better 
  4.5   publicly owned adult detention facilities.  The commissioner 
  4.6   shall consider the needs of applicants for improvements at the 
  4.7   facilities and shall make grants to counties whose needs, in the 
  4.8   commissioner's judgment, are greatest. 
  4.9      Sec. 2.  [APPROPRIATION; BOND SALE.] 
  4.10     Subdivision 1.  [APPROPRIATION.] $70,000,000 is 
  4.11  appropriated from the bond proceeds fund to the commissioner of 
  4.12  corrections for grants to counties for construction of local 
  4.13  adult detention facilities under section 1. 
  4.14     Subd. 2.  [BOND SALE.] To provide the money appropriated in 
  4.15  this act from the bond proceeds fund the commissioner of 
  4.16  finance, on request of the governor, shall sell and issue bonds 
  4.17  of the state in an amount up to $70,000,000 in the manner, upon 
  4.18  the terms, and with the effect prescribed by Minnesota Statutes, 
  4.19  sections 16A.631 to 16A.675, and by the Minnesota Constitution, 
  4.20  article XI, sections 4 to 7. 
  4.21     Sec. 3.  [EFFECTIVE DATE.] 
  4.22     Sections 1 and 2 are effective the day following final 
  4.23  enactment.