SF 2289

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying effective 
  1.3             period of annual state park permits; adding conditions 
  1.4             for leasing state land on the upper bluff of Fort 
  1.5             Snelling state park; providing for the deposit of 
  1.6             lease receipts; appropriating money; amending 
  1.7             Minnesota Statutes 1998, sections 85.053, subdivision 
  1.8             1; and 85.34, subdivision 1, and by adding 
  1.9             subdivisions. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 85.053, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [FORM, ISSUANCE, VALIDITY.] (a) The 
  1.14  commissioner shall prepare and provide state park permits for 
  1.15  each calendar year that state a motor vehicle may enter and use 
  1.16  state parks, state recreation areas, and state waysides over 50 
  1.17  acres in area.  State park permits must be available and placed 
  1.18  on sale by October 1 of the year preceding the calendar year 
  1.19  that the permit is valid.  
  1.20     (b) A An annual state park permit may must be affixed when 
  1.21  purchased and may be used from the time it is affixed until the 
  1.22  end of the calendar year for which it is issued for a 12-month 
  1.23  period.  State park permits in each category must be numbered 
  1.24  consecutively for each year of issue.  
  1.25     (c) State park permits shall be issued by employees of the 
  1.26  division of parks and recreation as designated by the 
  1.27  commissioner.  State park permits also may be consigned to and 
  2.1   issued by agents designated by the commissioner who are not 
  2.2   employees of the division of parks and recreation.  All proceeds 
  2.3   from the sale of permits and all unsold permits consigned to 
  2.4   agents shall be returned to the commissioner at such times as 
  2.5   the commissioner may direct, but no later than the end of the 
  2.6   calendar year for which the permits are effective.  No part of 
  2.7   the permit fee may be retained by an agent.  An additional 
  2.8   charge or fee in an amount to be determined by the commissioner, 
  2.9   but not to exceed four percent of the price of the permit, may 
  2.10  be collected and retained by an agent for handling or selling 
  2.11  the permits. 
  2.12     Sec. 2.  Minnesota Statutes 1998, section 85.34, 
  2.13  subdivision 1, is amended to read: 
  2.14     Subdivision 1.  The commissioner of natural resources with 
  2.15  the approval of the Executive Council may lease for purposes of 
  2.16  restoration, preservation, historical, recreational, 
  2.17  educational, and commercial use and development, that portion of 
  2.18  Fort Snelling state park known as the upper bluff consisting of 
  2.19  officer's row and, area J, the polo grounds, the adjacent golf 
  2.20  course, and residential, storage and service all buildings and 
  2.21  improvements located thereon, all lying within an area bounded 
  2.22  by Minneapolis-St. Paul International Airport, trunk highway 
  2.23  highways numbered 5 , Taylor avenue, Minnehaha avenue and 55, 
  2.24  and Bloomington Road.  The lease or leases shall be in a form 
  2.25  approved by the attorney general and for a term of not to exceed 
  2.26  99 years.  The lease or leases may provide for the provision of 
  2.27  capital improvements or other performance by the tenant or 
  2.28  tenants in lieu of all or some of the payments of rent that 
  2.29  would otherwise be required. 
  2.30     Sec. 3.  Minnesota Statutes 1998, section 85.34, is amended 
  2.31  by adding a subdivision to read: 
  2.32     Subd. 4.  All receipts derived from the leasing or 
  2.33  operation of the property described in subdivision 1 shall be 
  2.34  deposited in the state treasury and be credited to the state 
  2.35  parks working capital account designated in section 85.22, 
  2.36  subdivision 1.  Receipts and expenses from the leasing or 
  3.1   operation of the property described in subdivision 1 shall be 
  3.2   tracked separately within the account.  Money in the account 
  3.3   derived from the leasing or operation of the property described 
  3.4   in subdivision 1 is annually appropriated for the payment of 
  3.5   expenses attributable to the leasing and operation of the 
  3.6   property described in subdivision 1, included but not limited to 
  3.7   the maintenance, repair, and rehabilitation of historic 
  3.8   buildings and landscapes.  Any excess receipts in this account 
  3.9   are annually appropriated for historic preservation purposes 
  3.10  within state parks. 
  3.11     Sec. 4.  Minnesota Statutes 1998, section 85.34, is amended 
  3.12  by adding a subdivision to read: 
  3.13     Subd. 5.  The commissioner of natural resources may provide 
  3.14  an exception, in whole or in part, to the rules for use of state 
  3.15  parks and other recreational areas for property leased pursuant 
  3.16  to subdivision 1.  The exception may be provided by 
  3.17  commissioner's order and shall be effective for the term of the 
  3.18  lease or such lesser period of time specified by the 
  3.19  commissioner. 
  3.20     Sec. 5.  [MINNEAPOLIS LEASE.] 
  3.21     A lease to the Minneapolis park and recreation board 
  3.22  entered into prior to or after the effective date of this 
  3.23  section pursuant to Laws 1999, chapter 231, section 5, 
  3.24  subdivision 5, shall be subject to Minnesota Statutes, section 
  3.25  85.34, except as provided in this section.  The approval of the 
  3.26  executive council shall not be required for the lease or the 
  3.27  issuance of a liquor license.  Only the operating costs, as 
  3.28  defined in the lease, to be paid by the Minneapolis park and 
  3.29  recreation board to the state shall be credited to the state 
  3.30  parks working capital account.  All base rent and percentage of 
  3.31  gross sales to be paid by the Minneapolis park and recreation 
  3.32  board to the state shall be credited to the general fund.  A 
  3.33  lease of any portion of officer's row or area J may include a 
  3.34  charge to be paid by the tenant for repayment of a portion of 
  3.35  the costs incurred by the Minneapolis park and recreation board 
  3.36  for the installation of a new water line on the upper bluff.  
  4.1   The total amount to be repaid to the Minneapolis park and 
  4.2   recreation board by tenants of officer's row and area J shall 
  4.3   not exceed $450,000. 
  4.4      Sec. 6.  [EFFECTIVE DATE.] 
  4.5      Sections 2 to 5 are effective the day following final 
  4.6   enactment.