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SF 3797

as introduced - 90th Legislature (2017 - 2018) Posted on 03/27/2018 08:50am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; requiring approval of the Capitol Preservation
Commission for the display of works of art in certain areas of the Capitol;
establishing a Capitol Art Advisory Committee; amending Minnesota Statutes
2016, sections 15B.32, subdivision 6; 138.67, subdivisions 2, 4; 138.68; 138.70;
Minnesota Statutes 2017 Supplement, section 138.69; proposing coding for new
law in Minnesota Statutes, chapter 15B.

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

Section 1.

Minnesota Statutes 2016, section 15B.32, subdivision 6, is amended to read:


Subd. 6.

Duties.

(a) The commission:

(1) shall exercise ongoing coordination of the restoration, protection, risk management,
and preservation of the Capitol building;

(2) shall consult with and advise the commissioner of administration, the board, and the
Minnesota Historical Society regarding their applicable statutory responsibilities for and in
the Capitol building;

(3) may assist in the selection of an architectural firm to assist in the preparation of the
predesign plan for the restoration of the Capitol building;

(4) shall develop a comprehensive, multiyear, predesign plan for the restoration of the
Capitol building, review the plan periodically, and, as appropriate, amend and modify the
plan. The predesign plan shall identify appropriate and required functions of the Capitol
building; identify and address space requirements for legislative, executive, and judicial
branch functions; and identify and address the long-term maintenance and preservation
requirements of the Capitol building. In developing the predesign plan, the commission
shall take into account the comprehensive plan for the Minnesota State Capitol Area, as
amended in 2010, the rules governing zoning and design for the Capitol Area, citizen access,
information technology needs, energy efficiency, security, educational programs including
public and school tours, and any additional space needs for the efficient operation of state
government;

(5) shall develop and implement a plan to reopen the Minnesota State Capitol and
reintroduce it to the citizens of Minnesota;

(6) shall develop and implement a comprehensive financial plan to fund the preservation
and restoration of the Capitol building;

(7) shall provide annual reports about the condition of the Capitol building and its needs,
as well as all activities related to the restoration of the Capitol building; deleted text begin and
deleted text end

(8) may solicit gifts, grants, or donations of any kind from any private or public source
to carry out the purposes of this section. For purposes of this section, the commissioner of
administration may expend money appropriated by the legislature for these purposes in the
same manner as private persons, firms, corporations, and associations make expenditures
for these purposes. All gifts, grants, or donations received by the commission shall be
deposited in a State Capitol preservation account established in the special revenue fund.
Money in the account is appropriated to the commissioner of administration for the activities
of clause (5), the commission, and implementation of the predesign plan under this section.
The gift acceptance procedures under sections 16A.013 to 16A.016 do not apply to this
clause. Appropriations under this clause do not cancel and are available until expendeddeleted text begin .deleted text end new text begin ;
and
new text end

new text begin (9) shall approve all exhibits of works of art to be displayed in the new spaces of the
State Capitol building, as defined under section 15B.36, subdivision 1, before these exhibits
may be displayed for periods of greater than two weeks.
new text end

(b) By January 15 of each year, the commission shall report to the chairs and ranking
minority members of the legislative committees with jurisdiction over the commission
regarding the activities and efforts of the commission in the preceding calendar year,
including recommendations adopted by the commission, the comprehensive financial plan
required under paragraph (a), clause (6), and any proposed draft legislation necessary to
implement the recommendations of the commission.

Sec. 2.

new text begin [15B.36] CAPITOL ART ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, the term defined in this subdivision
has the following meaning. "State Capitol new spaces" means those areas within the State
Capitol not included in section 138.67, subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The Capitol Art Advisory Committee shall advise and make
recommendations to the Capitol Preservation Commission regarding art exhibits to be
displayed in State Capitol new spaces, including temporary, rotating, or permanent exhibits.
To develop these recommendations, the committee shall:
new text end

new text begin (1) identify Minnesota artists, receive proposals from artists, and evaluate the extent to
which proposals meet the criteria in paragraph (b); and
new text end

new text begin (2) prepare a list of recommended exhibits for consideration by the Capitol Preservation
Commission, including information on the availability of the exhibits, a summary of how
the recommended exhibits meet the criteria in paragraph (b) and reflect Minnesota history
not covered by previous exhibits, and estimated costs and logistical needs for recommended
exhibits.
new text end

new text begin (b) Art exhibits displayed in State Capitol new spaces should engage people to:
new text end

new text begin (1) reflect on Minnesota history;
new text end

new text begin (2) understand Minnesota government;
new text end

new text begin (3) recognize the contributions of Minnesota's diverse peoples;
new text end

new text begin (4) inspire citizen engagement; and
new text end

new text begin (5) appreciate varied landscapes.
new text end

new text begin (c) The commissioner of administration shall provide administrative support and curatorial
services to the advisory committee, and shall implement the display of the exhibits approved
by the Capitol Preservation Commission under section 15B.32, subdivision 6, paragraph
(a), clause (9).
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The advisory committee shall consist of seven members,
including:
new text end

new text begin (1) three members of the public appointed by the governor, including two who serve on
the State Arts Board, and one who serves on the Minnesota State Historical Society Board
of Directors;
new text end

new text begin (2) two members of the public, one appointed by the majority leader of the senate and
one appointed by the minority leader of the senate; and
new text end

new text begin (3) two members of the public, one appointed by the speaker of the house and one
appointed by the minority leader of the house of representatives.
new text end

new text begin In making their appointments to the advisory committee, the appointing authorities shall
endeavor to select individuals so that the advisory committee reflects the demographic and
geographic diversity of the state.
new text end

new text begin (b) The advisory committee may meet as frequently as needed to complete its work, and
shall annually, or when requested by the commissioner, provide the commissioner with a
list of recommended exhibits of works of art by Minnesota artists, as provided for under
subdivision 2, for possible display in the new spaces of the State Capitol building.
new text end

new text begin Subd. 4. new text end

new text begin Terms; removal; vacancies; compensation. new text end

new text begin Terms, removal, vacancies, and
compensation shall be as provided in section 15.059.
new text end

new text begin Subd. 5. new text end

new text begin Chair. new text end

new text begin The committee shall elect a chair from among its members. The
committee may elect other officers as it deems necessary.
new text end

new text begin Subd. 6. new text end

new text begin Meetings. new text end

new text begin Committee meetings are subject to chapter 13D.
new text end

new text begin Subd. 7. new text end

new text begin Conflict of interest. new text end

new text begin A member of the committee may not participate in or vote
on a decision of the committee relating to an organization in which the member has either
a direct or indirect financial interest.
new text end

new text begin Subd. 8. new text end

new text begin Gifts, grants, and donations. new text end

new text begin The committee may accept gifts and grants,
which are accepted on behalf of the state and constitute donations to the state. Funds received
under this paragraph are appropriated to the commissioner of administration for purposes
of this committee.
new text end

Sec. 3.

Minnesota Statutes 2016, section 138.67, subdivision 2, is amended to read:


Subd. 2.

Works of art.

"Works of art" in deleted text begin all spacesdeleted text end new text begin public areasnew text end of the new text begin State new text end Capitoldeleted text begin ,deleted text end
means paintings, portraits, mural decorations, stained glass, statues and busts, bas-relief,
ornaments, furniture, plaques, and any other article or structure of a permanent character
intended for decoration or commemoration placed in the Capitol deleted text begin in 1905deleted text end or placed new text begin in the
public areas
new text end subsequently for historic purposes or decoration.

Sec. 4.

Minnesota Statutes 2016, section 138.67, subdivision 4, is amended to read:


Subd. 4.

Public areas of the State Capitol.

"Public areas of the State Capitol" includes
the rotunda, the governor's reception room and offices, the senate chamber, the house
chamber, the Supreme Court chamber, deleted text begin publicdeleted text end new text begin legislative hearing and caucus rooms, east
and west grand stairs, spiral stairs, and
new text end hallways and corridorsdeleted text begin , and all otherdeleted text end new text begin generally used
by the public to access these
new text end areas of the State Capitol deleted text begin designeddeleted text end for deleted text begin publicdeleted text end new text begin events or
new text end ceremonies.

Sec. 5.

Minnesota Statutes 2016, section 138.68, is amended to read:


138.68 SUPERVISION OF PRESERVATION.

The works of art in the public deleted text begin and ceremonialdeleted text end areas of the State Capitol are declared to
possess historical value for the people of Minnesota. The Minnesota State Historical Society
and the Capitol Area Architectural and Planning Board shall approve the design, structural
composition, and location of all monuments, memorials or works of art presently located
in the public deleted text begin and ceremonialdeleted text end areas of the State Capitol or deleted text begin which shall be placed in such
public or ceremonial areas after June 4, 1971
deleted text end new text begin that were located anywhere in the State Capitol
prior to July 1, 2013
new text end . No monument, memorial or work of art shall be relocated or removed
from, or placed in deleted text begin suchdeleted text end new text begin the public new text end areas new text begin of the State Capitol, new text end or altered or repaired in any
way without the approval of the Minnesota State Historical Society. The Minnesota State
Historical Society shall have final authority over the disposition of any monuments,
memorials or works of art removed from the new text begin public areas of the new text end State Capitol or the Capitol
grounds.

Sec. 6.

Minnesota Statutes 2017 Supplement, section 138.69, is amended to read:


138.69 deleted text begin PUBLIC AREAS OF THEdeleted text end new text begin STATE new text end CAPITOLnew text begin ; DESIGNATED RESEARCH
AGENCY
new text end .

The Minnesota State Historical Society is designated the research agency and is
responsible for the interpretation of the public areas for visitors to the Capitol. This involves
conducting or approving public programs and tours in the Capitol and State Office Building,
including exhibits held in the new text begin public areas of the State new text end Capitoldeleted text begin , providing informational
services, acting as adviser on preservation, recommending appropriate custodial policies,
and maintaining and repairing all works of art
deleted text end . Notwithstanding section 138.668, the society
may not charge a fee for general tours at the Capitol but may charge fees for special programs
other than general tours.

Sec. 7.

Minnesota Statutes 2016, section 138.70, is amended to read:


138.70 CAPITOL BUILDING POWERS AND DUTIES.

The Minnesota Historical Society shall:

(1) assist and advise in research and preservation of historical features of the Capitol
building, appropriate custodial policies, and maintaining and repairing works of art according
to section 138.69;

(2) jointly, with the Capitol Area Architectural and Planning Board, review and approve
the design, structural composition, and location of all monuments, memorials, or works of
art deleted text begin presently located in the public and ceremonial areas of the Capitol buildingdeleted text end new text begin located in
the Capitol building prior to July 1, 2013
new text end , or proposed for placement in the public deleted text begin or
ceremonial
deleted text end areasnew text begin of the State Capitolnew text end , according to section 138.68;

(3) assist with planning and design of restoration and renovations of the Capitol building
in order to provide public access and education through public interpretive programs
according to the society's statutory responsibilities under section 138.69; and

(4) assist the State Capitol Preservation Commission with performance of its duties as
needed.

Sec. 8. new text begin CAPITOL ART ADVISORY COMMITTEE; FIRST APPOINTMENTS AND
FIRST MEETING.
new text end

new text begin (a) Appointing authorities for membership of the Capitol Art Advisory Committee under
Minnesota Statutes, section 15B.36, shall make first appointments to the committee by
September 15, 2018. The commissioner of administration shall convene the first meeting
of the committee by November 1, 2018, and shall serve as chair until the committee elects
a chair from among its members at its first meeting.
new text end

new text begin (b) The following members are appointed to terms coterminous with the governor: one
member appointed by the governor from the State Arts Board; the member appointed by
the minority leader of the senate; and the member appointed by the minority leader of the
house of representatives. The remaining members are appointed to terms that end on the
first Monday in January one year after the terms of the members appointed to terms
coterminous with the governor.
new text end