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HF 5181

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/18/2024 03:37pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to state government; modifying appropriations for the Department of
Military Affairs and the Department of Veterans Affairs; increasing the maximum
bonded indebtedness allowed for the State Armory Building Commission;
designating Gopher Gunners Memorial Bridge; amending Minnesota Statutes
2022, sections 161.14, by adding a subdivision; 193.143; Laws 2023, chapter 38,
article 1, section 3, subdivision 3.


Section 1.

Minnesota Statutes 2022, section 161.14, is amended by adding a subdivision
to read:

new text begin Subd. 105. new text end

new text begin Gopher Gunners Memorial Bridge. new text end

new text begin (a) The bridge on marked Trunk
Highway 55 and Trunk Highway 62, crossing the Minnesota River, commonly known as
the Mendota Bridge, is named and designated as "Gopher Gunners Memorial Bridge."
Notwithstanding section 161.139, the commissioner must adopt a suitable marking design
to mark this bridge and erect appropriate signs.
new text end

new text begin (b) The adjutant general of the Department of Military Affairs must reimburse the
commissioner of transportation for costs incurred under this subdivision.
new text end

Sec. 2.

Minnesota Statutes 2022, section 193.143, is amended to read:


Such corporation, subject to the conditions and limitations prescribed in sections 193.141
to 193.149, shall possess all the powers of a body corporate necessary and convenient to
accomplish the objectives and perform the duties prescribed by sections 193.141 to 193.149,
including the following, which shall not be construed as a limitation upon the general powers
hereby conferred:

(1) To acquire by lease, purchase, gift, or condemnation proceedings all necessary right,
title, and interest in and to the lands required for a site for a new armory and all other real
or personal property required for the purposes contemplated by the Military Code and to
hold and dispose of the same, subject to the conditions and limitations herein prescribed;
provided that any such real or personal property or interest therein may be so acquired or
accepted subject to any condition which may be imposed thereon by the grantor or donor
and agreed to by such corporation not inconsistent with the proper use of such property by
the state for armory or military purposes as herein provided.

(2) To exercise the power of eminent domain in the manner provided by chapter 117,
for the purpose of acquiring any property which such corporation is herein authorized to
acquire by condemnation; provided, that the corporation may take possession of any such
property so to be acquired at any time after the filing of the petition describing the same in
condemnation proceedings; provided further, that this shall not preclude the corporation
from abandoning the condemnation of any such property in any case where possession
thereof has not been taken.

(3) To construct and equip new armories as authorized herein; to pay therefor out of the
funds obtained as hereinafter provided and to hold, manage, and dispose of such armory,
equipment, and site as hereinafter provided. The total amount of bonds issued on account
of such armories shall not exceed the amount of the cost thereof; provided also, that the
total bonded indebtedness of the commission shall not at any time exceed the aggregate
sum of deleted text begin $15,000,000deleted text end new text begin $45,000,000new text end .

(4) To provide partnerships with federal and state governments and to match federal and
local funds, when available.

(5) To sue and be sued.

(6) To contract and be contracted with in any matter connected with any purpose or
activity within the powers of such corporations as herein specified; provided, that no officer
or member of such corporation shall be personally interested, directly or indirectly, in any
contract in which such corporation is interested.

(7) To employ any and all professional and nonprofessional services and all agents,
employees, workers, and servants necessary and proper for the purposes and activities of
such corporation as authorized or contemplated herein and to pay for the same out of any
portion of the income of the corporation available for such purposes or activities. The officers
and members of such corporation shall not receive any compensation therefrom, but may
receive their reasonable and necessary expenses incurred in connection with the performance
of their duties; provided however, that whenever the duties of any member of the commission
require full time and attention the commission may compensate the member therefor at such
rates as it may determine.

(8) To borrow money and issue bonds for the purposes and in the manner and within
the limitations herein specified, and to pledge any and all property and income of such
corporation acquired or received as herein provided to secure the payment of such bonds,
subject to the provisions and limitations herein prescribed, and to redeem any such bonds
if so provided therein or in the mortgage or trust deed accompanying the same.

(9) To use for the following purposes any available money received by such corporation
from any source as herein provided in excess of those required for the payment of the cost
of such armory and for the payment of any bonds issued by the corporation and interest
thereon according to the terms of such bonds or of any mortgage or trust deed accompanying
the same:

(a) to pay the necessary incidental expenses of carrying on the business and activities
of the corporation as herein authorized;

(b) to pay the cost of operating, maintaining, repairing, and improving such new armories;

(c) if any further excess money remains, to purchase upon the open market at or above
or below the face or par value thereof any bonds issued by the corporation as herein
authorized, provided that any bonds so purchased shall thereupon be canceled.

(10) To adopt and use a corporate seal.

(11) To adopt all needful bylaws and rules for the conduct of business and affairs of
such corporation and for the management and use of all armories while under the ownership
and control of such corporation as herein provided, not inconsistent with the use of such
armory for armory or military purposes.

(12) Such corporation shall issue no stock.

(13) No officer or member of such corporation shall have any personal share or interest
in any funds or property of the corporation or be subject to any personal liability by reason
of any liability of the corporation.

(14) The Minnesota State Armory Building Commission created under section 193.142
shall keep all money and credits received by it as a single fund, to be designated as the
"Minnesota State Armory Building Commission fund," with separate accounts for each
armory; and the commission may make transfers of money from funds appertaining to any
armory under its control for use for any other such armory; provided such transfers shall
be made only from money on hand, from time to time, in excess of the amounts required
to meet payments of interest or principal on bonds or other obligations appertaining to the
armory to which such funds pertain and only when necessary to pay expenses of construction,
operation, maintenance, and debt service of such other armory; provided further, no such
transfer of any money paid for the support of any armory by the municipality in which such
armory is situated shall be made by the commission.

(15) The corporation created under section 193.142 may designate one or more state or
national banks as depositories of its funds, and may provide, upon such conditions as the
corporation may determine, that the treasurer of the corporation shall be exempt from
personal liability for loss of funds deposited in any such depository due to the insolvency
or other acts or omissions of such depository.

(16) The governor is empowered to apply for grants of money, equipment, and materials
which may be made available to the states by the federal government for leasing, building,
and equipping armories for the use of the military forces of the state which are reserve
components of the armed forces of the United States, whenever the governor is satisfied
that the conditions under which such grants are offered by the federal government, are for
the best interests of the state and are not inconsistent with the laws of the state relating to
armories, and to accept such grants in the name of the state. The Minnesota State Armory
Building Commission is designated as the agency of the state to receive such grants and to
use them for armory purposes as prescribed in this chapter, and by federal laws, and
regulations not inconsistent therewith.

Sec. 3.

Laws 2023, chapter 38, article 1, section 3, subdivision 3, is amended to read:

Subd. 3.

Veterans Health Care


(a) The base for this appropriation in fiscal
year 2026 is $93,387,000 and $94,435,000 in
fiscal year 2027 and each fiscal year thereafter.

(b) $88,885,000 the first year and $99,847,000
the second year may be transferred to a
veterans homes special revenue account in the
special revenue fund in the same manner as
other receipts are deposited according to
Minnesota Statutes, section 198.34, and are
appropriated to the commissioner of veterans
affairs for the operation of veterans homes
facilities and text begin If the amount available
in fiscal year 2024 is insufficient, the amount
appropriated in fiscal year 2025 is available
in fiscal year 2024.
new text end The base for this transfer
is $92,437,000 in fiscal year 2026 and
$93,485,000 in fiscal year 2027.

(c) The department shall seek opportunities to
maximize federal reimbursements of
Medicare-eligible expenses and provide annual
reports to the commissioner of management
and budget on the federal Medicare
reimbursements that are received. Contingent
upon future federal Medicare receipts,
reductions to the veterans homes' general fund
appropriation may be made.

(d) $400,000 each year is for the department
to staff Veteran Community Health Navigators
in community-based hospitals.

(e) $190,000 the first year is for the working
group established under article 2, section 8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end