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HF 726

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to capital improvements; providing standards 
  1.3             for state assistance to capital improvement projects 
  1.4             of political subdivisions; proposing coding for new 
  1.5             law in Minnesota Statutes, chapter 16A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [16A.86] [CAPITAL PROJECT GRANTS TO POLITICAL 
  1.8   SUBDIVISIONS.] 
  1.9      Subdivision 1.  [PROJECTS COVERED.] The capital improvement 
  1.10  projects covered by this section are only those not covered by 
  1.11  another state program of assistance to political subdivisions. 
  1.12     Subd. 2.  [BUDGET REQUEST.] A political subdivision that 
  1.13  requests an appropriation of state money for a local capital 
  1.14  improvement project is encouraged to submit a preliminary 
  1.15  request to the commissioner of finance by June 15 of an 
  1.16  odd-numbered year to ensure its full consideration.  The final 
  1.17  request must be submitted by November 1.  The requests must be 
  1.18  submitted in the form and with the supporting documentation 
  1.19  required by the commissioner of finance.  All requests timely 
  1.20  received by the commissioner must be forwarded to the 
  1.21  legislature, along with agency requests, by the deadline 
  1.22  established in section 16A.11, subdivision 1. 
  1.23     Subd. 3.  [EVALUATION.] (a) The commissioner shall evaluate 
  1.24  all requests from political subdivisions for state assistance 
  1.25  based on the following criteria: 
  2.1      (1) the political subdivision has provided for local, 
  2.2   private, and user financing for the project to the maximum 
  2.3   extent possible; 
  2.4      (2) the project helps fulfill an important state mission; 
  2.5      (3) the project is of regional or statewide significance; 
  2.6      (4) the project will not require new or any additional 
  2.7   state operating subsidies; 
  2.8      (5) the project will not expand the state's role in a new 
  2.9   policy area; 
  2.10     (6) state funding for the project will not create 
  2.11  significant inequities among local jurisdictions; 
  2.12     (7) the project will not compete with other facilities in 
  2.13  such a manner that they lose a significant number of users to 
  2.14  the new project; and 
  2.15     (8) the governing bodies of those political subdivisions 
  2.16  primarily benefiting from the project have passed resolutions in 
  2.17  support of the project.  
  2.18     (b) The commissioner's evaluation of each request, 
  2.19  including whether it meets each of the criteria in paragraph 
  2.20  (a), must be submitted to the legislature along with the 
  2.21  governor's recommendations under section 16A.11, subdivision 1, 
  2.22  whether or not the governor recommends that the request be 
  2.23  funded.  
  2.24     Subd. 4.  [FUNDING.] (a) The state share of a project 
  2.25  covered by this section must be no more than half the total cost 
  2.26  of the project, including predesign, design, construction, 
  2.27  furnishings, and equipment, except as provided in paragraph (b). 
  2.28  This subdivision does not apply to a project proposed by a 
  2.29  school district or other school organization. 
  2.30     (b) The state share may be more than half the total cost of 
  2.31  a project if the project is deemed needed as a result of a 
  2.32  disaster or to prevent a disaster or is located in a political 
  2.33  subdivision with a very low average net tax capacity. 
  2.34     (c) Nothing in this section prevents the governor from 
  2.35  recommending, or the legislature from considering or funding, 
  2.36  projects that do not meet the deadlines in subdivision 2 or the 
  3.1   criteria in this subdivision or subdivision 3 when the governor 
  3.2   or the legislature determines that there is a compelling reason 
  3.3   for the recommendation or funding.  
  3.4      Sec. 2.  [REQUESTS SUBMITTED IN 1999.] 
  3.5      Notwithstanding Minnesota Statutes, section 16A.86, 
  3.6   subdivision 2, a preliminary request from a political 
  3.7   subdivision under that subdivision in 1999 need not be submitted 
  3.8   until September 15, 1999.