as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state agencies; modifying department of 1.3 administration authority for elevator regulation, the 1.4 building code, leases, and other administrative 1.5 matters; modifying licensure provisions for 1.6 manufactured home installers; authorizing rulemaking; 1.7 amending Minnesota Statutes 1996, sections 16B.24, 1.8 subdivisions 6 and 6a; 16B.482; 16B.50; 16B.54, 1.9 subdivision 8; 16B.61, subdivision 1a; 16B.72; 16B.73; 1.10 16B.747, subdivision 3; 16B.748; and 326.841; Laws 1.11 1996, chapter 463, section 13, subdivision 7; 1.12 repealing Minnesota Statutes 1996, sections 13.072, 1.13 subdivision 3; 15.171; 15.172; 15.173; 15.174; and 1.14 16B.88, subdivision 6. 1.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16 Section 1. Minnesota Statutes 1996, section 16B.24, 1.17 subdivision 6, is amended to read: 1.18 Subd. 6. [PROPERTY
RENTALLEASES.] (a) [LEASES.] The 1.19 commissioner shall rentlease land and other premises when 1.20 necessary for state purposes. Notwithstanding subdivision 6a, 1.21 paragraph (a), the commissioner may lease land or premises for 1.22 up to ten years, subject to cancellation upon 30 days' written 1.23 notice by the state for any reason except lease of other 1.24 non-state-owned land or premises for the same use. The 1.25 commissioner may not lease non-state-owned land and buildings or 1.26 substantial portions of land or buildings within the capitol 1.27 area as defined in section 15.50 unless the commissioner first 1.28 consults with the capitol area architectural and planning 1.29 board. If the commissioner enters into a lease-purchase 1.30 agreement for buildings or substantial portions of buildings 2.1 within the capitol area, the commissioner shall require that any 2.2 new construction of non-state-owned buildings conform to design 2.3 guidelines of the capitol area architectural and planning 2.4 board. Lands needed by the department of transportation for 2.5 storage of vehicles or road materials may be leased for five 2.6 years or less, such leases for terms over two years being 2.7 subject to cancellation upon 30 days written notice by the state 2.8 for any reason except lease of other non-state-owned land or 2.9 premises for the same use. An agency or department head must 2.10 consult with the chairs of the house appropriations and senate 2.11 finance committees before entering into any agreement that would 2.12 cause an agency's rental costs to increase by ten percent or 2.13 more per square foot or would increase the number of square feet 2.14 of office space rented by the agency by 25 percent or more in 2.15 any fiscal year. 2.16 (b) [USE VACANT PUBLIC SPACE.] No agency may initiate or 2.17 renew a lease for space for its own use in a private building 2.18 unless the commissioner has thoroughly investigated presently 2.19 vacant space in public buildings, such as closed school 2.20 buildings, and found that none is available or use of the space 2.21 is not feasible, prudent, and cost-effective compared with 2.22 available alternatives. 2.23 (c) [PREFERENCE FOR CERTAIN BUILDINGS.] For needs beyond 2.24 those which can be accommodated in state-owned buildings, the 2.25 commissioner shall acquire and utilize space in suitable 2.26 buildings of historical, architectural, or cultural significance 2.27 for the purposes of this subdivision unless use of that space is 2.28 not feasible, prudent and cost-effective compared with available 2.29 alternatives. Buildings are of historical, architectural, or 2.30 cultural significance if they are listed on the national 2.31 register of historic places, designated by a state or county 2.32 historical society, or designated by a municipal preservation 2.33 commission. 2.34 (d) [RECYCLING SPACE.] Leases for space of 30 days or more 2.35 for 5,000 square feet or more must require that space be 2.36 provided for recyclable materials. 3.1 Sec. 2. Minnesota Statutes 1996, section 16B.24, 3.2 subdivision 6a, is amended to read: 3.3 Subd. 6a. [LEASE-PURCHASE AGREEMENT; CANCELLATION.] (a) 3.4 With the approval of the commissioner of finance and the 3.5 recommendation of the legislative advisory commission, the 3.6 commissioner of administration may enter into lease-purchase 3.7 agreements. A lease-purchase agreement must provide the state 3.8 with a unilateral right to purchase the leased premises at 3.9 specified times for specified amounts. Under these lease 3.10 agreements, the lease rental rates shall not be more than market 3.11 rental rates. Notwithstanding subdivision 6, the term of the 3.12 lease may be for more than ten years, but must not exceed 20 3.13 years. Prior to exercising the state's right to purchase the 3.14 premises, the purchase must be approved by an act of the 3.15 legislature. 3.16 (b) A lease-purchase agreement entered into under paragraph 3.17 (a) must be subject to cancellation by the state for any reason 3.18 except rentallease of other non-state-owned land or premises 3.19 for the same use. 3.20 Sec. 3. Minnesota Statutes 1996, section 16B.482, is 3.21 amended to read: 3.22 16B.482 [REIMBURSEMENT FOR MATERIALS AND SERVICES.] 3.23 The commissioner of administration may provide materials 3.24 and services under this chapter to state legislative and 3.25 judicial branch agencies, political subdivisions, the Minnesota 3.26 state colleges and universities, the University of Minnesota, 3.27 and federal government agencies. Legislative and judicial 3.28 branch agencies, political subdivisions, the Minnesota state 3.29 colleges and universities, the University of Minnesota, and 3.30 federal government agencies purchasing materials and services 3.31 from the commissioner of administration shall reimburse the 3.32 general services, intertechnologies, andcooperative purchasing, 3.33 and motor pool revolving funds for cost. 3.34 Sec. 4. Minnesota Statutes 1996, section 16B.50, is 3.35 amended to read: 3.36 16B.50 [ CENTRAL DUPLICATING AND PRINTING4.1 COMMUNICATIONS.MEDIA DIVISION.] 4.2 The commissioner shall maintain and operate for agencies a 4.3 central duplicating and printingcommunications.media division 4.4 whichthat is responsible for all duplicating and printing 4.5 services. The commissioner shall prescribe and designate 4.6 classes of state printing. The duplicating and printing work to 4.7 be done by the division is restricted to producing any form, 4.8 booklet or pamphlet to the extent the commissioner deems 4.9 appropriate. 4.10 Sec. 5. Minnesota Statutes 1996, section 16B.54, 4.11 subdivision 8, is amended to read: 4.12 Subd. 8. [MOTOR POOL REVOLVING ACCOUNT.] (a) [ACCOUNT 4.13 ESTABLISHED.] Money or reimbursements the commissioner receives 4.14 from the operation of the central motor pool is deposited in the 4.15 state treasury and credited to a motor pool revolving account. 4.16 Money in the account is annually appropriated to the 4.17 commissioner to carry out this section. The motor pool 4.18 revolving account may be used to provide material transfer 4.19 services to agencies. 4.20 (b) [UNOBLIGATED EXCESS TRANSFERRED.] When the unobligated 4.21 amount of money in the state treasury credited to the motor pool 4.22 revolving account exceeds the sum of $438,000average monthly 4.23 operating expense at the end of anythe fiscal year, the 4.24 unobligated amount in excess of $438,000one month's operating 4.25 expense must be transferred to the general fund in the state 4.26 treasury. 4.27 Sec. 6. Minnesota Statutes 1996, section 16B.61, 4.28 subdivision 1a, is amended to read: 4.29 Subd. 1a. [ADMINISTRATION BY COMMISSIONER.] The 4.30 commissioner shall administer and enforce the state building 4.31 code as a municipality with respect to public buildings and 4.32 state licensed facilities in the state. The commissioner shall 4.33 establish appropriate permit, plan review, and inspection fees 4.34 for public buildings and state licensed facilities. Fees and 4.35 surcharges for public buildings and state licensed facilities 4.36 must be remitted to the commissioner, who shall deposit them in 5.1 the state treasury for credit to the special revenue fund. 5.2 Municipalities other than the state having a contractual 5.3 agreement with the commissioner for code administration and 5.4 enforcement service for public buildings and state licensed 5.5 facilities shall charge their customary fees, including 5.6 surcharge, to be paid directly to the contractual jurisdiction 5.7 by the applicant seeking authorization to construct a public 5.8 building or a state licensed facility. The commissioner shall 5.9 contract with a municipality other than the state for plan 5.10 review, code administration, and code enforcement service for 5.11 public buildings and state licensed facilities in the 5.12 contractual jurisdiction if the building officials of the 5.13 municipality meet the requirements of section 16B.65 and wish to 5.14 provide those services and if the commissioner determines that 5.15 the municipality has enough adequately trained and qualified 5.16 building inspectors to provide those services for the 5.17 construction project. 5.18 The commissioner shall administer and enforce the 5.19 provisions of the code relating to elevators statewide , except5.20 as. Notwithstanding the time intervals for routine and periodic 5.21 inspections and tests in the code for existing elevators and 5.22 related devices in Minnesota Rules, the commissioner may 5.23 establish other time intervals for those inspections and tests. 5.24 A municipality has the powers provided forunder section 5.25 16B.747, subdivision 3. 5.26 Sec. 7. Minnesota Statutes 1996, section 16B.72, is 5.27 amended to read: 5.28 16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN 5.29 COUNTIES.] 5.30 Notwithstanding any other provision of law to the contrary, 5.31 a county that is not a metropolitan county as defined by section 5.32 473.121, subdivision 4, may provide, by a vote of the majority 5.33 of its electors residing outside of municipalities that have 5.34 adopted the state building code before January 1, 1977, that no 5.35 part of the state building code except the building requirements 5.36 for handicapped persons and the requirements for elevator safety 6.1 applies within its jurisdiction. 6.2 The county board may submit to the voters at a regular or 6.3 special election the question of adopting the building code. 6.4 The county board shall submit the question to the voters if it 6.5 receives a petition for the question signed by a number of 6.6 voters equal to at least five percent of those voting in the 6.7 last general election. The question on the ballot must be 6.8 stated substantially as follows: 6.9 "Shall the state building code be adopted in .......... 6.10 County?" 6.11 If the majority of the votes cast on the proposition is in 6.12 the negative, the state building code does not apply in the 6.13 subject county, outside home rule charter or statutory cities or 6.14 towns that adopted the building code before January 1, 1977, 6.15 except the building requirements for handicapped persons and the 6.16 requirements for elevator safety do apply. 6.17 Nothing in this section precludes a municipality or town 6.18 that did not adopt the state building code before January 1, 6.19 1977, from adopting and enforcing by ordinance or other legal 6.20 means the state building code within its jurisdiction. 6.21 Sec. 8. Minnesota Statutes 1996, section 16B.73, is 6.22 amended to read: 6.23 16B.73 [STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; 6.24 LOCAL OPTION.] 6.25 The governing body of a municipality whose population is 6.26 less than 2,500 may provide that the state building code, except 6.27 the requirements for handicapped persons and the requirements 6.28 for elevator safety, will not apply within the jurisdiction of 6.29 the municipality, if the municipality is located in whole or in 6.30 part within a county exempted from its application under section 6.31 16B.72. If more than one municipality has jurisdiction over an 6.32 area, the state building code continues to apply unless all 6.33 municipalities having jurisdiction over the area have provided 6.34 that the state building code, except the requirements for 6.35 handicapped persons and the requirements for elevator safety, 6.36 does not apply within their respective jurisdictions. Nothing 7.1 in this section precludes a municipality or town from adopting 7.2 and enforcing by ordinance or other legal means the state 7.3 building code within its jurisdiction. 7.4 Sec. 9. Minnesota Statutes 1996, section 16B.747, 7.5 subdivision 3, is amended to read: 7.6 Subd. 3. [PERMISSIVE MUNICIPAL REGULATION.] A municipality 7.7 that conductsmay conduct a system of elevator inspection on a7.8 periodic basisin conformity with this chapter, state building 7.9 code requirements, and adopted rules , and that employs or7.10 contracts with inspectors meeting the minimum requirements7.11 established by rule, may provide forthat includes the 7.12 inspection of elevator installation, repair, alteration, and 7.13 removal, construction, and the periodic routine inspection7.14 ofroutine and periodic inspection and testing of existing 7.15 elevators. The municipality shall employ or contract with 7.16 inspectors meeting the minimum requirements established by 7.17 Minnesota Rules to perform the inspections and to witness the 7.18 tests. Notwithstanding the time intervals for routine and 7.19 periodic inspections and tests contained in the code for 7.20 existing elevators and related devices in Minnesota Rules, a 7.21 municipality may establish its own time intervals for those 7.22 inspections and tests. A municipality may establish and retain 7.23 its own fees for inspection of elevators and related devices in 7.24 its jurisdiction. A municipality may not adopt standards that 7.25 do not conform to the uniform standards prescribed by the 7.26 department. 7.27 If a municipality does not conduct elevator inspections as7.28 provided in this chapter, orIf the commissioner determines that 7.29 a municipality is not properly administering and enforcing the 7.30 law, rules, and codes, the commissioner shall have the 7.31 inspection, administration, and enforcement undertaken by a 7.32 qualified inspector employed by the department. 7.33 Sec. 10. Minnesota Statutes 1996, section 16B.748, is 7.34 amended to read: 7.35 16B.748 [RULES.] 7.36 The commissioner may adopt rules for the following purposes: 8.1 (1) to set a fee under section 16A.1285 for processing a 8.2 construction or installation permit or elevator contractor 8.3 license application; 8.4 (2) to set a fee under section 16A.1285 to cover the cost 8.5 of elevator inspections; 8.6 (3) to set a fee under section 16A.1285 to cover the cost 8.7 of elevator registration; 8.8 (4) to establish minimum qualifications for elevator 8.9 inspectors that must include possession of a current elevator 8.10 constructor electrician's license issued by the state board of 8.11 electricity and proof of successful completion of the national 8.12 elevator industry education program examination or equivalent 8.13 experience; 8.14 (4)(5) to establish criteria for the qualifications of 8.15 elevator contractors; 8.16 (5)(6) to establish elevator standards under sections 8.17 16B.61, subdivisions 1 and 2, and 16B.64; 8.18 (6)(7) to establish procedures for appeals of decisions of 8.19 the commissioner under chapter 14 and procedures allowing the 8.20 commissioner, before issuing a decision, to seek advice from the 8.21 elevator trade, building owners or managers, and others 8.22 knowledgeable in the installation, construction, and repair of 8.23 elevators; and 8.24 (7)(8) to establish requirements for the registration of 8.25 all elevators. 8.26 Sec. 11. Minnesota Statutes 1996, section 326.841, is 8.27 amended to read: 8.28 326.841 [MANUFACTURED HOME INSTALLERS.] 8.29 Manufactured home installers are subject to all of the 8.30 requirements of sections 326.83 to 326.98, except for the 8.31 following: 8.32 (1) manufactured home installers are not members of the 8.33 advisory council under section 326.85; 8.34 (2) manufactured home installers are not subject to the 8.35 continuing education requirements of section 326.87; 8.36 (3) the examination requirement of section 326.89, 9.1 subdivision 3, for manufactured home installers shall be 9.2 satisfied by successful completion of a written examination 9.3 designed specifically for manufactured home installers. The 9.4 examination must be designed by the commissioner in conjunction 9.5 with the state building code division. The commissioner and 9.6 state building code division shall seek advice on the grading, 9.7 monitoring, and updating of examinations from the Minnesota 9.8 manufactured housing association; 9.9 (4) the amount of the bond required by section 326.94 shall 9.10 be $2,500 for manufactured home installers; 9.11 (5) a local government unit may not place a surcharge on a 9.12 license fee, and may not charge a separate fee to installers; 9.13 and9.14 (6) a dealer or distributor who does not install or repair 9.15 manufactured homes is exempt from licensure under sections 9.16 326.83 to 326.98; and 9.17 (7) the exemption under section 326.84, subdivision 3, 9.18 clause (5), does not apply. 9.19 Sec. 12. Laws 1996, chapter 463, section 13, subdivision 9.20 7, is amended to read: 9.21 Subd. 7. Agency Relocation 3,735,000 9.22 $1,670,000 is from the general fund to 9.23 relocate the print communications, 9.24 micrographicscentral stores, and 9.25 travel management divisions of the 9.26 department of administration into a new 9.27 support services facility, and to 9.28 relocate the department of human 9.29 rights, the driver and vehicle services 9.30 division of the department of public 9.31 safety, the department of labor and 9.32 industry in St. Cloud, and the 9.33 department of human services in St. 9.34 Cloud. 9.35 $116,000 is from the general fund to 9.36 complete the move of the Minnesota 9.37 historical society to the state history 9.38 center. 9.39 $25,000 is from the general fund for 9.40 unanticipated moving expenses. 9.41 $1,389,000 is from the trunk highway 9.42 fund for the partial relocation of the 9.43 department of transportation. 9.44 $535,000 is from the highway user tax 9.45 distribution fund to relocate the 9.46 driver and vehicle services division of 10.1 the department of public safety. 10.2 Sec. 13. [REPEALER.] 10.3 Minnesota Statutes 1996, sections 13.072, subdivision 3; 10.4 15.171; 15.172; 15.173; 15.174; and 16B.88, subdivision 6, are 10.5 repealed. 10.6 Sec. 14. [EFFECTIVE DATE.] 10.7 Section 11 is effective April 1, 1998.