Office of the Revisor of Statutes
Minnesota Session Laws - 1987, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987
CHAPTER 400-H.F.No. 919
An act relating to public administration; authorizing
spending to acquire and to better public land and
buildings and other public improvements of a capital
nature with certain conditions; authorizing issuance
of state and local bonds; authorizing levies; imposing
taxes; appropriating money; amending Minnesota
Statutes 1986, sections 297A.01, subdivision 3; and
297A.44, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapters 16A, 124, and 129B;
proposing coding for new law as Minnesota Statutes,
chapter 240A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [CAPITAL IMPROVEMENTS; APPROPRIATIONS.]
The sums in the column marked "APPROPRIATIONS" are
appropriated from the state building fund, or another named
fund, to the state agencies indicated, to be spent to acquire
and to better public land and buildings and other public
improvements of a capital nature, as specified in this act.
SUMMARY
SUPREME COURT $ 32,500,000
ADMINISTRATION 31,267,000
CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD 300,000
NATURAL RESOURCES 26,932,000
WASTE MANAGEMENT BOARD 4,000,000
POLLUTION CONTROL AGENCY 66,747,000
ENERGY AND ECONOMIC DEVELOPMENT 46,250,000
IRON RANGE RESOURCES AND REHABILITATION BOARD 2,200,000
MILITARY AFFAIRS 2,500,000
VETERANS AFFAIRS 2,500,000
AGRICULTURE 9,000,000
MINNESOTA AMATEUR SPORTS COMMISSION 330,700
TRANSPORTATION 18,424,100
MINNESOTA HISTORICAL SOCIETY 54,674,000
EDUCATION 10,981,000
VOCATIONAL TECHNICAL EDUCATION 33,198,100
COMMUNITY COLLEGES 34,960,000
STATE UNIVERSITIES 52,491,200
UNIVERSITY OF MINNESOTA 47,779,700
CORRECTIONS 2,274,400
HUMAN SERVICES 8,428,000
MINNESOTA CENTER FOR THE ARTS 4,000,000
BOND SALE EXPENSES 452,000
TOTAL 492,189,200
General Fund 6,146,200
Reinvest in Minnesota Resources Fund 19,000,000
Trunk Highway Fund 15,224,200
Special Revenue 330,700
Transportation Fund 8,800,000
Waste Management Fund 4,000,000
Workers Compensation Special Compensation Fund 433,000
Water Pollution Control Fund 66,747,000
Highway User Tax Distribution Fund 535,900
Building Fund 370,972,200
APPROPRIATIONS
Sec. 2. SUPREME COURT
Judicial Building $32,500,000
This appropriation is to the
commissioner of administration, in
consultation with the supreme court and
the capitol area architectural and
planning board, to complete working
drawings and construct a judicial
building.
Sec. 3. ADMINISTRATION
Subdivision 1. To the
commissioner of administration for
the purposes specified in this section 31,267,000
(a) Remove or contain asbestos in
state buildings and provide handicapped
persons with access to state buildings 4,000,000
This appropriation is to be used to
provide access to state buildings for
handicapped persons and to remove or
encapsulate asbestos-containing
materials that have been identified as
constituting risk factor 5 in the
evaluation study dated January 18,
1984, and its supplement dated March
21, 1984, and risk factor 4 in state
buildings to the extent that the
appropriation permits.
(b) Restore Capitol Building,
Phase III 1,500,000
This appropriation is to complete Phase
III exterior renovation and stairways
of the Capitol Building.
(c) Restore Capitol Building 4,800,000
The commissioner of administration
shall not prepare final plans and
specifications for projects included in
this appropriation until the
commissioner has presented the program
and schematic plans and cost estimates
for all elements necessary to complete
the projects to the committee on rules
and administration of the senate and
the committee has made its
recommendations on the plans. The
recommendations are advisory only.
Failure of refusal to make a
recommendation promptly is deemed a
negative recommendation.
$800,000 of this appropriation is from
the general fund for furnishings.
(d) Remodeling of the State Office
Building and House portion of the
Capitol Building 819,000
This appropriation is to complete the
remodeling of the State Office Building
and for rehabilitation of the House of
Representatives' Chamber and related
offices in the State Capitol Building.
(e) Renovate elevator in Veterans
Services Building in St. Paul 180,500
(f) Reroof Veterans Services
Building in St. Paul 136,000
(g) Centennial Building 2,700,000
(1) Remodel 4th floor 2,300,000
(2) Planning for remodeling
of 1st and ground floors 400,000
(h) Asbestos Removal from the
Department of Transportation Building 4,334,000
This appropriation is from the Trunk
Highway Fund and is to be used to
remove or encapsulate
asbestos-containing materials from the
Department of Transportation Building.
(i) Relocation of Department of
Revenue 1,700,000
This appropriation is from the general
fund and is to provide for moving costs
and estimated increased rental costs
associated with moving the Department
of revenue into a consolidated facility.
(j) Planning and Construction of a
parking ramp west of the
State Office Building 3,100,000
This appropriation is to the Department
of Administration in cooperation with
the capitol area architectural and
planning board for the planning and
construction of a parking ramp
immediately west of the State Office
Building, also known as lot E. As much
of the ramp as feasible must be located
underground and the ramp design must be
in concert with the existing
architecture and landscaping of the
Capitol Mall area.
(k) Demolish mechanic arts high school
and gymnasium, construct surface
parking, remove asbestos 433,000
(l) Remodel Capitol Square Building 982,600
(m) Relocate state agencies 4,776,200
$2,541,200 is from the general fund.
$1,266,100 is from the trunk highway
fund.
$535,900 is from the highway user tax
distribution fund.
$433,000 is from the workers'
compensation special compensation fund.
(n) Administration 624,200
This appropriation is to the
commissioner of administration to
administer the building construction
authorized by this act. $312,100 is
for fiscal year 1988 and $312,100 is
for fiscal year 1989. Seven building
fund positions are authorized.
(o) Construct Minnesota telecenter 1,000,000
This appropriation is for the
commissioner of administration to make
a grant to the housing and
redevelopment authority of the city of
St. Paul to plan, design, and construct
a Minnesota telecenter facility. The
grant must not be paid until the
commissioner of administration has
determined that the additional
financing necessary to complete the
project has been committed by nonstate
sources.
(p) Upgrade mechanical and electrical
systems and remodel Governor's Residence 181,500
Sec. 4. CAPITOL AREA
ARCHITECTURAL AND PLANNING BOARD 300,000
This appropriation is to provide for
planning of a parking ramp immediately
west of the State Office Building, also
known as lot E.
Sec. 5. NATURAL RESOURCES
Subdivision 1. To the
commissioner of administration or the
commissioner of natural resources for
the purposes specified in the following
subdivisions 26,770,000
Subd. 2. To the commissioner
of natural resources to acquire critical
natural habitat and to acquire and
better public outdoor recreational
lands and capital improvements 13,195,000
The commissioner of natural resources
shall provide the necessary
professional services for the
performance of the duties under this
subdivision from the amount
appropriated for the various purposes.
An approved complement of 24
unclassified positions is authorized.
Lands must be acquired by the
commissioner of natural resources in
accordance with policies established in
Minnesota Statutes, sections 86A.01 to
86A.09. Lands acquired for each unit
of the outdoor recreational system must
be suited for the purpose of the unit
and suited for management in accordance
with principles applicable to it. The
commissioner of natural resources shall
submit semiannual work plans to the
legislative commission on Minnesota
resources and shall submit a work
program to the commission and request
its recommendation before spending any
money appropriated by this subdivision
for any purpose. The commission's
recommendation is advisory only.
Failure to respond to a request within
60 days after receipt is a negative
recommendation. Work programs
involving land acquisition must include
a land acquisition plan.
(a) Acquisition of State Parks 1,200,000
Sufficient funds for the acquisition of
Mystery Cave must be allocated from
this appropriation.
(b) Acquisition of state forest
lands 500,000
(c) Acquisition of wildlife
areas and waterbank 750,000
(d) Fisheries acquisition 100,000
Any unencumbered balance remaining in
the appropriation made by Laws 1979,
chapter 301, section 6, subdivision 2,
the day following enactment of this act
is available to be used by the
commissioner for the alteration of a
portion of an old railroad bridge over
the St. Louis river in the city of
Duluth to make the bridge suitable for
use as a public access fishing pier and
observation site.
(e) Acquisition and improvement
of scientific and natural areas 1,400,000
(f) Acquisition and improvement
of water access sites 750,000
(g) Improvement of forest roads 500,000
(h) Betterment of state parks 3,800,000
(i) Betterment of state trails 3,700,000
(j) Interpretative Site 275,000
This grant is to redevelop Dunlap
Island in the city of Cloquet in a
manner that will help to interpret the
city's history.
(k) Education Facility 220,000
This grant is to plan and construct an
environmental learning and
interpretative center in the Kettle
River - Sandstone area.
Subd. 3. To the commissioner of
natural resources for dam safety
projects under Minnesota Statutes,
section 105.482 3,000,000
(a) $110,000 is for the Heron Lake dam
and is available for expenditure
immediately upon enactment of this act.
(b) $60,000 is for the removal of the
Bernings Mill dam, the owner or local
unit of government shall provide a
suitable disposal site for demolition
debris and access to the site, which
satisfies the requirement for a local
financial contribution to the project.
(c) $100,000 each year is for flood
control projects in area II of the
Southern Minnesota River Basin. Grants
shall be allocated consistent with the
formula established in Minnesota
Statutes, section 104.44.
(d) $250,000 is for the Pickwick Dam
Erosion Control Dike.
(e) Any unencumbered balance remaining
from the money appropriated by Laws
1985, First Special Session chapter 15,
section 4, subdivision 4, clause
(b)(5), for the Nett Lake Dam project
after the completion of project is
appropriated to the commissioner of
natural resources for a grant to the
Nett Lake Band of Chippewa Indians for
the construction of a water treatment
plant.
Subd. 4. Reinvest in Minnesota 10,000,000
The appropriations in this subdivision
are from the reinvest in Minnesota
resources fund.
(a) Fish and wildlife habitat 7,600,000
This appropriation is to acquire and
improve land for fish and wildlife
habitat under the comprehensive fish
and wildlife management plan under
Minnesota Statutes, section 84.942, to
be available until expended. The
commissioner shall provide the
necessary professional services for the
performance of duties under this
paragraph from the amount appropriated.
(b) Aspen recycling 900,000
This appropriation is for expenditure
under Minnesota Statutes, section
88.80, and for other forest wildlife
management projects, to be available
until expended.
(c) Native prairie land 300,000
(d) Critical habitat private sector
matching account 1,200,000
This appropriation is for transfer to
the critical habitat private sector
matching account.
(e) The approved complement of the
department of natural sources is
increased by 9 positions in the
unclassified service to implement this
subdivision. One position in the
unclassified service must be a program
coordinator to work with other agencies
and staff to implement this subdivision.
(f) Notwithstanding any other law,
during the biennium easements granted
under this act may be permanent or if
limited duration then must be for at
least 20 years with provisions for
renewal for at least another 20-year
period. Highest priority must be given
to permanent easements consistent with
the purposes of this act.
Subd. 5. Hibbing Core Library 250,000
This appropriation is to the
commissioner of natural resources for
the construction or purchase of a
building to house the Mineral
Division's Core Library in Hibbing,
Minnesota.
Subd. 6. Construct regional
headquarters in New Ulm 325,000
Sec. 6. WASTE MANAGEMENT BOARD 4,000,000
This appropriation is from the waste
management fund to the waste management
board for the program of state capital
assistance grants to local projects to
develop feasible and prudent
alternatives to disposal of solid
waste. Up to $240,000 may be spent for
administration and technical and
professional services. The approved
complement of the waste management
board is increased by one position.
Sec. 7. POLLUTION CONTROL
AGENCY
To the pollution control agency
from the water pollution control fund
for the purposes specified in this
section 66,747,000
(a) Construction grants for
wastewater treatment facilities 47,000,000
(b) Combined sewer overflow 16,547,000
(c) For match to the federal
revolving loan program 3,200,000
The approved complement for the
pollution control agency is increased
by 11 positions in the classified
service for purposes of implementing
this section.
Sec. 8. ENERGY AND ECONOMIC
DEVELOPMENT
Subdivision 1. To the commissioner
of energy and economic development for
the purposes specified in this section 46,250,000
Subd. 2. Outdoor Recreation 17,000,000
(a) Local Recreation Grants 2,500,000
This appropriation is to acquire and
better recreation open space projects
upon application by local units of
government and Indian tribes and bands
recognized by the federal government.
Projects that receive federal grants
must be given priority. A grant under
this paragraph is not contingent upon
the receipt of federal grants. A
project may receive grant assistance of
up to 50 percent of the total capital
cost of the project or, if federal
money is used, 50 percent of the local
share. A project must not receive
grant assistance of more than
$400,000. A local unit of government
must not receive more than one grant
during each fiscal biennium.
$500,000 the first year and $500,000
the second year shall be granted for
projects outside the metropolitan area
defined in Minnesota Statutes, section
473.121.
(b) Metropolitan Open Space 15,500,000
$9,500,000 is for payment by the
commissioner of energy and economic
development to the metropolitan council
established under Minnesota Statutes,
section 473.123. The commissioner
shall transfer the amount to the
metropolitan council upon receipt of a
certified copy of a council resolution
requesting payment. The appropriation
must be used to pay the cost of
acquisition and betterment by the
metropolitan council and local
government units of regional
recreational open space lands in
accordance with the council's policy
plan as provided in Minnesota Statutes,
sections 473.315 and 473.341, including
relocation costs and tax equivalents
required to be paid by Minnesota
Statutes, sections 473.315 and 473.341.
$6,000,000 is for the acquisition and
betterment of land on Lake Minnetonka
for a regional park. No more than
$400,000 may be used for staff and
independent professional services
necessary to acquire and better open
space and for the performance of the
duties of the metropolitan council
under this paragraph.
The acquisition and betterment may
include land between Lake Minnetonka
and Stone Lake, to assist in connecting
the Lake Minnetonka regional park with
Carver park reserve. Of the
$6,000,000, the sum of $250,000 may be
used to develop parking and a
pedestrian underpass to support a
public access site in the city of Mound.
During the biennium, that part of
Minnesota Statutes, section 398.09,
paragraph (b), that requires local
approval prior to acquiring real estate
by purchase or condemnation shall not
apply to this acquisition.
Subd. 3. Amateur Athletics 17,700,000
(a) For a stadium, track and field,
soccer, velodrome and training center in
the city of Blaine 14,700,000
(b) Swimming center 3,000,000
This appropriation is contingent upon
designation of the facility as an
official training site by the national
governing body member of the United
States Olympic Committee and upon
issuance of the necessary general
obligation special tax bonds. The
commissioner shall select the location
for this facility in cooperation with
the Minnesota Amateur Sports Commission.
Subd. 4. Duluth Zoo 4,000,000
Subd. 5. Great River Road Project 3,000,000
This appropriation is for a grant to
the Minneapolis park and recreation
board for land acquisition for the
Great River Road project in the central
Mississippi regional park along the
central waterfront area in downtown
Minneapolis, provided that the city of
Minneapolis issues $3,000,000 in bonds
to be used to acquire land for the same
project by January 1, 1988.
Subd. 6. Railroad Assistance 2,000,000
This appropriation is from the state
transportation fund specified in
Minnesota Statutes, sections 222.49 to
222.63, and is to be used as a grant to
the St. Louis and Lake County Regional
Rail Authority to acquire and develop
abandoned rail line of the Duluth,
Mesabe, and Iron Range Railroad between
Duluth and Two Harbors, Minnesota. If
the property is acquired and
subsequently liquidated, the proceeds
up to $2,000,000 shall be paid to the
state transportation fund by the St.
Louis and Lake County Regional Rail
Authority.
Subd. 7. Duluth Port Authority 350,000
for site preparation for
two mobile crawler cranes
Subd. 8. Duluth Convention Center 1,200,000
Sec. 9. IRON RANGE RESOURCES AND
REHABILITATION BOARD
To the chair of the iron range
resources and rehabilitation board for
expansion of the Giants Ridge
ski center 2,200,000
The appropriation in this section is
for facilities at Biwabik. The
appropriation for constuction of this
facility is contingent upon designation
of the facility as an official training
site by the national governing body
member of the United States Olympic
Committee and upon issuance of the
necessary general obligation special
tax bonds.
Sec. 10. MILITARY AFFAIRS 2,500,000
(a) This appropriation is to the
adjutant general to construct a new
national guard armory at Camp Ripley.
The appropriation is not available
until the adjutant general has
determined that federal money
sufficient to cover approximately 70
percent of the total construction costs
has been committed to the project. 2,300,000
(b) Roof repair and replacement 200,000
Sec. 11. VETERANS AFFAIRS
To the commissioner of
administration for projects at the
Minneapolis veterans home as specified
in this section 2,500,000
(a) Renovate food service facilities 500,000
(b) Demolish building number 7 and
construct a new warehouse. No
further demolition of buildings shall
take place. The Minnesota historical
society and the department of veterans
affairs shall investigate the
feasibility of restoring and reusing
the remaining buildings at the
Minnesota veterans homes for use by
veterans, veterans' families, or
veterans' groups. 1,000,000
(c) Renovate building 10 1,000,000
Sec. 12. AGRICULTURE 9,000,000
This appropriation is from the reinvest
in Minnesota resources fund for the
conservation reserve program under
Minnesota Statutes, section 40.43, to
be available until expended. The
commissioner shall provide the
necessary professional services for the
performance of duties from the
appropriation under this section.
The approved complement of the
department of agriculture is increased
by one position in the unclassified
service to implement this section. The
position must be a coordinator to work
with other agencies to implement this
section.
During the biennium, notwithstanding
any other law, easements granted under
this act may be permanent or if limited
duration highest priority must be given
to permanent easements consistent with
the purposes of this act. Easements of
limited duration must be for at least
20 years with provisions for renewal
for at least another 20-year period.
Sec. 13. MINNESOTA AMATEUR SPORTS COMMISSION 330,700
This appropriation is from the amateur
athletic facilities account in the
special revenue fund. $150,000 of this
is for fiscal year 1988 and $180,700
for fiscal year 1989 to operate and
maintain the facilities financed by
bonds whose debt service is payable
primarily from proceeds of the fund.
Sec. 14. TRANSPORTATION
Subdivision 1. To the commissioner
of transportation for the purposes
specified in this section 18,424,100
The appropriations in subdivisions 2 to
7 are from the trunk highway fund.
Subd. 2. Construct new central
laboratory and research facility 4,668,000
This appropriation is to plan,
construct, and occupy the facility. It
is the intention of the legislature
that this is a final and nonrecurring
appropriation for a central laboratory
and research facility.
Subd. 3. District Headquarters 1,191,500
(a) Design new district
headquarters building at Bemidji 257,500
(b) Design new district
headquarters building at Brainerd 257,500
(c) Design addition to district
headquarters building at Duluth 110,000
(d) Remodel and construct
an addition to district
headquarters building at Rochester 566,500
Subd. 4. Construct weigh
scale at Saginaw 485,000
Subd. 5. Truck stations 2,663,200
(a) Construct addition to
Arden Hills truck station 594,100
(b) Construct vehicle storage
building at Adrian truck station 413,800
(c) Construct vehicle storage
building at Austin truck station 689,600
(d) Construct addition to
Breckenridge truck station 90,200
(e) Design repair shop and truck
station at Marshall 51,500
(f) Construct vehicle storage
building at Park Rapids truck station 412,000
(g) Construct vehicle storage
building at Red Wing truck station 412,000
Subd. 6. Statewide 360,500
(a) Construct chemical storage
sheds 206,000
(b) Construct cold storage
buildings 154,500
(c) Land acquisition
The commissioner may purchase land for
truck stations at St. James, Red Wing,
and Le Sueur, for headquarters at
Bemidji, and for access to a site in
Blaine for a central laboratory; from
any available appropriation, but the
total cost shall not exceed $273,000.
Subd. 7. Construct rest areas at
the locations listed in this subdivision 255,900
(a) Hayward (Albert Lea) 222,500
Funding for this project is 90 percent
federal and 10 percent state.
(b) Tofte 33,400
Subd. 8. Local Road Bridge
Replacement and Rehabilitation 8,800,000
This appropriation is from the
transportation fund.
Sec. 15. MINNESOTA HISTORICAL
SOCIETY
Subdivision 1. To the Minnesota
historical society for the purposes
specified in this section 54,674,000
Subd. 2. To construct a new
state history center 50,000,000
$5,000,000 of this appropriation shall
not be available unless that amount is
matched by a like amount from nonstate
sources. The $50,000,000 appropriation
is not available until July 1, 1989,
unless the commissioner of finance
certifies that the $5,000,000 of
nonstate sources has been collected.
$360,000 is for planning the labor
history center. The Minnesota
historical society must work with the
labor history task force to ensure that
adequate space is provided for the
labor center within the state history
center complex.
Subd. 3. Plan and construct the Mille
Lacs Indian Museum and cultural center 4,000,000
Construction must not begin until the
final plans and specifications have
been presented to the chairs of the
senate finance committee and house
appropriations committee for
recommendation. The recommendations
are advisory only. Failure or refusal
to make a recommendation promptly is
deemed a negative recommendation.
Subd. 4. Restoration of the William
Le Duc home 184,000
Subd. 5. Red River Valley Center 390,000
This appropriation is from the general
fund and must be spent in accordance
with Minnesota Statutes, sections
138.92 and 138.93.
Subd. 6. Meighen Store complex
restoration and reconstruction 100,000
Sec. 16. EDUCATION
Subdivision 1. To the
commissioners of administration and
education for the purposes specified
in this section 10,981,000
Subd. 2. To the commissioner
of administration for the Faribault
Academies 426,000
(a) Academy for the deaf
reroof Noyes Hall 95,000
(b) Academy for the deaf
air condition Frechette Hall 225,000
(c) Academy for the deaf
install elevator in Noyes Hall 106,000
Subd. 3. To the commissioner
of education to be used to match local
district funds used for the cost of
constructing, enlarging, or modifying
school buildings, if the commissioner of
education determines that these costs are
directly related to reducing or eliminating
racial imbalance, and are a part of a
desegregation plan approved by the
commissioner of education during the
1986-1987 school year. 900,000
Subd. 4. To the commissioner
from the state building fund to make up
to two pilot project grants to qualified
joint powers districts under the cooperative
secondary facilities grant program in this
act. 8,000,000
Subd. 5. (a) To make a grant to the
Southwest/West Central Educational Cooperative
Service Units for the construction of
the following two-way interactive
telecommunications system: 1,655,000
(1) Redwood County Telecommunications
Project 280,000
(2) Little Crow Tele-Media Network 330,000
(3) Independent school districts
No. 892, Clarkfield, and No. 775,
Kerkhoven, to join Minnesota Valley
Tele-Network 80,000
(4) Des Moines River Valley
Tele-Media Project 520,000
(5) Worthington Community College
for interconnecting tower and
equipment between Des Moines River
Valley Tele-Media and Southwest
Minnesota Telecommunications 145,000
(6) Joint Vocational
Technical District No. 900 for interconnecting
equipment within the Minnesota
Tele-Media regional telecommunications
network 300,000
(b) To be eligible for funds
appropriated in this subdivision, the
Southwest/West Central Educational Cooperative
Service Unit shall establish an
advisory committee with appropriate
representation of all public
post-secondary education systems and
elementary and secondary school
districts served by the proposed
network. The advisory committee shall
establish criteria for participation in
the network and oversee implementation
of the project.
Sec. 17. VOCATIONAL TECHNICAL
EDUCATION
Subdivision 1. To the state board
of vocational technical education for
the purposes specified in this section 33,198,100
Notwithstanding Minnesota Statutes
1986, section 475.61, subdivision 4,
the state board of vocational technical
education may approve a request by a
local school board to use any
unobligated balance in the debt
redemption fund to pay the districts
share of construction projects
authorized in this section.
Subd. 2. Post-secondary
vocational technical construction in
the school districts listed in this
subdivision 27,593,700
(a) Independent School District No. 241,
Albert Lea 1,684,000
This appropriation is to construct a
new facility for diesel mechanics,
classrooms, offices, and a resource
center. The total cost of the project
must not be more than $1,981,000,
whether paid from state, local, or
federal money.
(b) Independent School District No. 206,
Alexandria 2,127,500
This appropriation is for phases II and
III of the Alexandria AVTI construction
project. The total cost of the project
must not be more than $2,503,000
whether paid from state, local, or
federal money.
(c) Independent School District No. 11,
Anoka 971,100
This appropriation is to construct a
new student commons and to remodel the
present program space. The total cost
of the project must not exceed
$1,143,000, whether paid from state,
local, or federal money.
(d) Independent School District No. 492,
Austin 805,200
This appropriation is to construct new
library, classroom, office, and child
care space. The total cost of the
project must not be more than $947,000,
whether paid from state, local, or
federal money.
(e) Joint Vocational Technical District
No. 900, Canby Campus 70,600
This appropriation is to construct a
new library and bookstore, and remodel
the existing building.
(f) Independent School District No. 709,
Duluth 2,384,900
This appropriation is for
reconstruction and remodeling of
existing space to meet program needs
and alleviate overcrowding, and for
construction of new space. The total
cost of the project must not be more
than $2,806,000 whether paid from
state, local, or federal money.
(g) Independent School District No. 697,
Eveleth 505,800
This appropriation is for construction
of lab and classroom space, and
improved handicapped access. The total
cost of the project must not be more
than $595,000 whether paid from state,
local, or federal money.
(h) Independent School District No. 656,
Faribault 1,405,000
This appropriation is to construct new
child care and classroom space and a
new resource center and to remodel
existing buildings. The total cost of
the project must not be more than
$1,653,000, whether paid from state,
local, or federal money.
(i) Independent School District No. 701,
Hibbing 1,296,000
This appropriation is to purchase and
remodel the Davey McKee building, and
to study the continued development or
replacement of the existing campus.
The total cost of the project and the
study must not be more than $1,525,000
whether paid from state, local, or
federal money.
(j) Independent School District
No. 77, Mankato 5,111,000
This appropriation is to construct new
classroom space and remodel existing
buildings. The total cost of the
project must not be more than
$6,013,000, whether paid from state,
local, or federal money.
(k) Independent School District No. 152,
Moorhead 439,500
This appropriation is for construction
of an addition to house student
services, child care, and a
media/resource center. The total cost
of the project must not be more than
$517,000 whether paid from state,
local, or federal money.
(l) Independent School District No. 578,
Pine City 1,283,000
This appropriation is to construct
classrooms, provide new front entrance,
child care, new student support service
area, multiuse room, media center, and
computer rooms. The total cost of the
project must not be more than
$1,510,000, whether paid from state,
local, or federal money.
(m) Joint Vocational Technical District
No. 900, Pipestone campus 827,000
This appropriation is to construct an
addition for the fiberglass program,
and to remodel the existing building.
(n) Independent School District No. 256,
Red Wing 100,800
This appropriation is to construct a
cold storage building. The total cost
of the project must not be more than
$119,000, whether paid from state,
local, or federal money.
(o) Independent School District No. 625,
St. Paul 4,951,000
This appropriation is to construct new
and remodel existing space, develop
student commons area, expand
library/media center, and provide child
care and new administrative area. The
total cost of the project must not be
more than $5,825,000, whether paid from
state, local, or federal money.
(p) Independent School District No. 564,
Thief River Falls 1,797,700
This appropriation is to construct
classrooms at the airport and an
addition at the main campus. The total
cost of the project must not be more
than $2,115,000, whether paid from
state, local, or federal money.
(q) Independent School District No. 819,
Wadena 1,803,000
This appropriation is to reconstruct
the existing building to provide new
front entrance, new student commons and
cafeteria, child care, library, and an
addition to house the automotive
program. The total cost of the project
must not be more than $2,121,000,
whether paid from state, local, or
federal money.
(r) Independent School District No. 347,
Willmar 30,600
This appropriation is to remodel the
community college administration
building for a joint child care
center. The total cost of the project
must not be more than $36,000, whether
paid from state, local, or federal
money.
(s) Special Intermediate School District
No. 287, Hennepin Technical Center
Special Intermediate School District
No. 287, Hennepin Technical Center, may
construct an addition to provide space
for general instruction, graphics,
drafting, millworking, automatic
packaging, media library, and child
care facilities. The total cost of the
project must not be more than
$1,607,300, to be paid entirely from
local money.
(t) Special Intermediate School District No. 287,
Hennepin Technical Center
Special Intermediate School District
No. 287, Hennepin Technical Center, is
authorized to remodel the existing
facility for the horse care program,
and to construct new facilities as
needed for livestock training and
housing. The district may utilize
funds authorized in this section to
acquire or lease and remodel
alternative facilities for the horse
care program if found to be more cost
effective. The total cost of the
project must not be more than $750,000,
to be paid entirely from local money.
(u) Independent School District No. 742,
St. Cloud
Independent School District No. 742,
St. Cloud, may construct an addition to
provide space for general instruction,
library, student commons, and child
care facilities and to remodel other
space as necessary. The total cost of
the project must not be more than
$1,107,400, to be paid entirely from
local money.
Subd. 3. Statewide 5,104,400
(a) Roof repair for the following
campuses: Albert Lea, Alexandria, Anoka,
Brainerd, Dakota County, Detroit Lakes,
Duluth, Faribault, Hutchinson, Mankato,
Rochester, St. Cloud, Southwestern-Granite
Falls, Southwestern-Pipestone, Staples,
Suburban Hennepin-South Campus, Thief
River Falls, Willmar, and Winona 4,173,600
(b) Remove asbestos and correct code
compliance violations 930,800
The agency spending this appropriation
must prepare a survey and report to the
legislature by January 1, 1988, on the
asbestos and PCB's that were found and
removed and what asbestos and PCB's
remain.
Subd. 4. Statewide planning 500,000
Sec. 18. COMMUNITY COLLEGES
Subdivision 1. To the commissioner
of administration for the purposes
specified in the following subdivisions 34,960,000
Notwithstanding Minnesota Statutes,
section 16B.24, subdivision 2, the
state board for community colleges
shall supervise and control the making
of necessary repairs to all state
community college buildings and
structures during the biennium ending
June 30, 1989.
Subd. 2. Brainerd Community
College 1,640,000
This appropriation is to plan, remodel,
and construct fine arts, labs,
gymnasium, learning resource, child
care, and storage areas.
Subd. 3. Hibbing Community
College 1,240,000
This appropriation is for construction
of new child care and storage space and
remodeling expansion of existing space.
Subd. 4. Inver Hills Community
College 3,020,000
This appropriation is to plan and
construct or remodel classroom space,
child care space, gymnasium, and
relocation of administrative services.
Subd. 5. Itasca Community
College 7,660,000
This appropriation is for a new
library, campus center, power plant,
vehicle storage, child care space, and
remodeling of existing space, demolish
buildings, and repair roads and parking
lots.
Subd. 6. Mesabi Community
College 1,250,000
This appropriation is to construct and
remodel additional space for child
care, storage, administration, and
physical education.
Subd. 7. Normandale Community
College 4,930,000
This appropriation is to plan
construction and remodeling of
classrooms, labs, child care, and
community and cooperative program
services.
Subd. 8. Northland Community
College 3,710,000
This appropriation is for construction
of a new student center, administrative
office, storage space, and child care
space, and to remodel fine arts,
cafeteria, and gymnasium facilities.
Subd. 9. North Hennepin
Community College 970,000
This appropriation is for expanding and
remodeling the gymnasium. North
Hennepin Community College may
contribute up to $500,000 in campus
reserve funds in addition to this
appropriation to construct a swimming
pool.
Subd. 10. Rochester Community
College 2,620,000
This appropriation is for construction
of new space for continuing education
and child care, and for remodeling
existing buildings.
Subd. 11. Vermilion Community
College Student Housing 1,500,000
The state board for community colleges
may acquire a site and construct, own,
operate, furnish, and maintain one or
more dormitories or other student
residence facilities at Ely for the use
and benefit of Vermilion Community
College. The higher education
facilities authority may issue revenue
bonds for the facilities under
Minnesota Statutes, sections 136A.25 to
136A.42, and the state board for
community colleges may borrow the
proceeds of the revenue bonds to
finance the acquisition, construction,
and equipping of the student housing
facilities. The board may enter into
agreements and pledge revenues of the
facilities as may be necessary to
provide security for the bonds and may
mortgage the financed facilities to the
higher education facilities authority
or to a trustee for the bondholders if
considered necessary by the board or
the authority for the successful
marketing of the bonds. The state
board for community colleges shall
establish, maintain, revise when
necessary, and collect rates and
charges for the use of the student
housing facilities. The rates and
charges must be sufficient, as
estimated by the board, to pay all
expenses of operation and maintenance
of the facilities, to pay principal of,
and interest on, revenue bonds or other
obligations when due and to pay
customary fees and charges of the
higher education facilities authority
and to establish and maintain the
reserve funds that the board considers
necessary for repair, replacement, and
maintenance of the facilities. Funds
and accounts established in furtherance
of these purposes are not subject to
Minnesota Statutes, section 136.67,
subdivision 2, and are not subject to
the budgetary control of the
commissioner of finance. The board
shall never be obligated to use other
revenues of the board or funds of the
state to pay the costs of construction,
operation, maintenance, and repair of
the facilities or to pay principal of
and interest on obligations issued for
these purposes. The city of Ely may,
without complying with the procedures
set forth in Minnesota Statutes,
chapter 475, guarantee all or any part
of the loan repayment obligation of the
board to the authority, by pledging its
full faith and credit and taxing
power. The guarantee is not subject to
any limitation on net debt of the city,
and taxes required to make any payment
under the guarantee may be levied
without limit as to rate or amount.
Subd. 12. Willmar Community
College 3,090,000
This appropriation is to plan and
construct or remodel new classrooms,
labs, child care space, elevators, main
entry, and additional parking.
Subd. 13. Systemwide 3,330,000
(a) Roof repair for the following
campuses: Austin, Hibbing, Inver Hills,
Mesabi, Minneapolis, Normandale, North
Hennepin, and Rochester. 1,830,000
(b) Remove asbestos, improve
sprinkler, mechanical, electrical,
and energy systems, expand parking,
and improve grounds and
athletic fields 1,000,000
The agency spending this appropriation
must prepare a survey and report to the
legislature by January 1, 1988, on the
asbestos and PCB's that were found and
removed, and what asbestos and PCB's
remain.
(c) Facilities planning and
technical assistance 500,000
The report compiled with this
appropriation must address capital
needs and building concerns. The
report must be presented to the
legislature by January 1, 1988.
Sec. 19. STATE UNIVERSITIES
Subdivision 1. To the state
university board for the purposes
specified in the following subdivisions 52,491,200
Notwithstanding Minnesota Statutes,
sections 16B.30 and 16B.31, during the
biennium, the state university board
shall supervise and control the
preparation of plans and specifications
for the construction, alteration, or
enlargement of the state university
buildings, structures, and improvements
provided for in this section. During
the biennium, the state university
board shall advertise for bids and
award contracts in connection with the
improvements, supervise and inspect the
work, approve necessary changes in the
plans and specifications, approve
estimates for payment, and accept the
improvements when completed according
to the plans and specifications.
Plans must be paid for out of this
appropriation. The remainder of the
appropriation must not be spent until
the board has secured suitable plans
and specifications, prepared by a
competent architect or engineer. The
plans and specifications must be
accompanied by a detailed statement of
the cost, quality, and description of
all material and labor required for the
completion of the work. No plan may be
adopted, and no improvement made or
building constructed, that contemplates
the expenditure for its completion of
more money than the appropriation for
it, unless otherwise provided in this
act. The board must not direct or
permit an expenditure beyond the
appropriation, and an agent of the
board violating this provision is
guilty of a gross misdemeanor.
The board shall review and report to
the governor and the legislature by
January 15 of each year on the status
of the capital improvement projects in
this section.
Notwithstanding Minnesota Statutes
1986, section 16B.24, subdivision 2,
during the biennium, the state
university board shall supervise and
control the making of necessary repairs
to all state university buildings and
structures during the biennium ending
June 30, 1989.
Notwithstanding other law, during the
biennium, the state university board,
on behalf of St. Cloud and Winona state
universities, may purchase property
adjacent to or in the vicinity of the
campuses as necessary for the
development of the universities. The
board shall make a written request to
the department of administration, real
estate management division, indicating
the need to acquire property, specify
the property to be acquired, and
indicate the source and amount of money
needed for the acquisition. The board
shall proceed with the acquisition
consistent with the policies and rules
established by the department of
administration. Before taking action,
the state university board shall
consult with the chairs of the senate
finance committee and the house
appropriations committee about the
proposed action. Should either chair
object to the proposed purchase, then
further action must be suspended
pending presentation of the proposal to
the legislature for consideration.
During the biennium, the state
university board must not prepare final
plans and specifications for any
construction or major remodeling
authorized by this act until it has
presented the program and schematic
plans and cost estimates for all
elements necessary to complete the
project to the chairs of the house
appropriations committee and the chair
of the senate finance committee and the
chairs have made their
recommendations. The recommendations
are advisory only. "Construction or
major remodeling" means construction of
a new building, or modifications of a
building whose exterior dimension or
interior configuration is altered in a
material way. Reports on construction
or major remodeling must summarize the
current status of the individual
project, the budget plan, and describe
any conditions that are not consistent
with the initial request, legislative
testimony, or the appropriation. If
applicable, schematic design documents
must accompany the reports. Reports on
projects that are not included in the
above definition must be made before
awarding bids. The reports must
summarize the status of the individual
projects, the budget plan, and any
departure that may need to be made from
the system's initial request.
Architectural and design work may
continue in accordance with the project
schedule unless objections are raised
by the chairs. If a unique situation
arises during the planning process that
may require a significant departure
from the initial request or the
appropriation, the agency or university
must notify the chairs and await their
responses before authorizing further
work on the plans.
Subd. 2. Bemidji Campus 12,509,000
(a) Remodel Sattgast Hall 5,039,000
(b) Construction fitness/recreation
building 7,470,000
Subd. 3. Mankato Campus 2,468,700
(a) Remodel Wiecking Center 1,390,500
(b) Planning for Trafton Hall addition 455,000
(c) Planning for Memorial Library 623,200
Subd. 4. Moorhead Campus 5,093,800
(a) Plan and remodel Hagen Hall, and
upgrade the electrical distribution
system 1,431,700
(b) Construction of Regional Science
Center 1,102,100
(c) Plan and construct a vehicle
parking deck 2,560,000
Subd. 5. Saint Cloud Campus 19,395,900
(a) Remodel Stewart Hall 8,168,900
(b) Construct and relocate greenhouse 927,000
(c) Acquisition of recreation fields
land 800,000
This appropriation is the maximum state
share for acquisition.
(d) Ice hockey center 9,500,000
This appropriation is contingent upon
designation of the facility as an
official training site by the national
governing body member of the United
States Olympic Committee and upon
issuance of the necessary general
obligation special tax bonds.
Subd. 6. Southwest Campus 1,903,800
(a) Waterproof tunnels 442,900
(b) Tuck pointing 273,000
(c) Planning for athletic building 139,000
(d) Construction of classrooms and labs 648,900
(e) 2 telecommunication towers and
equipment for the Southwest Regional
microwave backbone 400,000
Subd. 7. Winona Campus 1,500,000
Planning and land acquisition for
a health and applied science building. 1,500,000
Subd. 8. Statewide 9,620,000
(a) Abate asbestos materials and
PCB's in transformers 5,000,000
The agency spending this appropriation
must prepare a survey and report to the
legislature by January 1, 1988, on the
asbestos and PCB's that were found and
removed, and what PCB's remain.
(b) Roof repair for the following
campuses: Bemidji, Mankato, Moorhead,
St. Cloud, Southwest, and Winona 4,120,000
(c) Facilities planning and
technical assistance 500,000
The report compiled with this
appropriation must address capital
needs and building concerns. The
report must be presented to the
legislature by January 1, 1988.
Sec. 20. UNIVERSITY OF MINNESOTA
Subdivision 1. To the regents of
the University of Minnesota for the
purposes specified in the following
subdivisions 47,779,700
Subd. 2. Crookston Campus 1,565,400
(a) Plan agriculture operations
management center 200,000
(b) Construct linkages between
various buildings 752,400
(c) Watermain and sanitary sewer
rehabilitation 167,000
(d) Construct grain and feed
handling facility 446,000
Subd. 3. Duluth Campus 3,030,000
(a) Replace boiler 1,752,000
(b) Planning for additional classroom
space for math/geology/education
building and student center addition 390,000
(c) Plan Freshwater Research Laboratory 90,000
(d) Replace plumbing, phase I 640,000
(e) Medical school planning 158,000
Subd. 4. Grand Rapids
land purchases 75,000
Subd. 5. Morris Campus 509,700
(a) Repair roof and renovate
Old Music Building 82,000
(b) Plan student union renovation 209,900
(c) Construct grain and feed handling
facility 217,800
Subd. 6. Rosemount Research Center 2,000,000
This appropriation is to clean up waste
at the Rosemount Research Center.
Subd. 7. Twin Cities Campuses 37,433,300
(a) Remodel Green Hall, phase II 4,747,000
(b) Develop comprehensive capital
improvement plan for biological
and related sciences 250,000
(c) Remodel Amundson Hall phase II,
part 2 5,440,000
(d) Plan renovation of vacated
hospital space 891,000
(e) Plan veterinary diagnostic
lab renovation and construction 481,100
(f) Humphrey Center Exhibit 1,500,000
(g) Construct phase I of a recreational
sports/physical education facility.
Construction may not begin until the
state appropriation has been matched
by $4,000,000 from student fees and
$5,200,000 from private funds. 8,500,000
(h) Upgrade general purpose classrooms 2,827,400
(i) Construct animal waste processing
and utilization unit on St. Paul
Campus 615,800
(j) St. Paul boiler replacement 2,000,000
(k) Plan electrical engineering
building renovation 819,000
(l) Remodel Folwell Hall, phase II 2,088,000
(m) Addition and remodeling of
Appleby Hall 6,567,000
(n) Architecture building
renovation and construction planning 707,000
Subd. 8. Waseca Campus 1,166,300
(a) Renovate agriculture
laboratories 1,002,900
(b) Construct a truck, tractor, and
equipment storage building 163,400
Subd. 9. Systemwide 2,000,000
This appropriation is for fire and life
safety; Phase II of PCB removal;
asbestos treatment and removal;
upgrade for the physically handicapped.
It is requested that the University
report to the legislature by January
15, 1988, on the status of the projects
for which apprioriations were made in
subdivisions 6 and 9.
Sec. 21. CORRECTIONS
Subdivision 1. To the commissioner
of administration for the purposes
specified in the following subdivisions 2,274,400
Subd. 2. Minnesota correctional
facility - Lino Lakes
"Q" building addition 206,000
Subd. 3. Minnesota Correctional
Facility - Red Wing
Boiler retrofit 25,000
Subd. 4. Minnesota Correctional
Facility - Saint Cloud 250,800
(a) Fire and life safety projects 154,500
(b) Retrofit boiler with high
efficiency burner 96,300
This appropriation is to convert high
pressure boilers to year-round low
pressure operation.
Subd. 5. Minnesota Correctional
Facility - Sauk Centre
Sullivan Cottage Remodeling - Phase 3 194,100
Subd. 6. Minnesota Correctional
Facility - Stillwater 458,000
This appropriation is for cell hall
window screens.
Subd. 7. Systemwide
Roof repair and tuck pointing 1,000,000
Subd. 8. Thistledew Camp
Program Activities Center 140,500
Sec. 22. HUMAN SERVICES
Subdivision 1. To the commissioner
of administration or others for the purposes
specified in the following subdivisions 5,403,000
Subd. 2. Red Lake Nursing Home 2,500,000
This appropriation enables the Red Lake
Indian people to receive skilled and
intermediate convalescent health care
without being forced to leave their
environment, culture, and families.
This is of direct financial benefit to
the state because the federal medical
assistance percentage is 100 percent
for nursing home care provided to
Indians through an Indian health
service facility operated by an Indian
tribe.
This appropriation is from the state
building fund to the commissioner of
administration to plan, design, and
construct a nursing home attached to
the Red Lake hospital on the Red Lake
Indian reservation. The nursing home
construction is not subject to the
competitive bidding requirements of
Minnesota Statutes, chapter 16B, and
the commissioner of administration may
contract directly with the Red Lake
Band of Chippewa Indians to complete
the facility. The nursing home must
meet nursing home licensure and medical
assistance certification requirements.
The appropriation is not available
until the Red Lake Band of Chippewa
Indians has agreed to lease the nursing
home from the state for a period at
least as long as the life of the bonds
sold to finance the project and for a
lease payment sufficient to cover the
cost to the state of borrowing the
money, in accordance with allowable
reimbursement costs under the medical
assistance program as specified under
state plan requirements under Minnesota
Statutes, section 246.50. The initial
deposit to the state bond fund required
by Minnesota Statutes, section 16A.65,
subdivision 1, must be made by the
commissioner of finance with money
appropriated from the general fund.
Interest attributable to the deferred
repayment of the initial deposit and
any other deferred payments of
principal or interest provided for in
the lease agreement must be amortized
in equal periodic payments over the
remainder of the term of the lease.
The Red Lake Band of Chippewa Indians
must submit cost reports and monthly
financial statements in a format
prescribed by the commissioner of human
services in accordance with section
246.50. Lease payments must be
deducted from medical assistance
remittances to the tribe for cost of
care provided at the Red Lake nursing
home on a monthly basis. The
commissioner of human services must
verify the lease payment deducted from
each claim on a monthly basis. The
lease must provide that, when the bonds
sold to finance the project have been
retired and the cost to the state of
borrowing the money has been paid, the
state may convey all of its interest in
the nursing home to the Red Lake Band
of Chippewa Indians.
Subd. 3. Brainerd
Regional Treatment Center 700,000
This appropriation is to replace water
and condensate lines at the hospital
administration building.
Subd. 4. Faribault
Regional Treatment Center 500,000
This appropriation is to upgrade the
primary electrical system.
Subd. 5. Mash-Ka-Wisen
juvenile chemical dependency
treatment center 400,000
This appropriation is to the department
of human services for a grant to a
nonprofit organization located within
Minnesota that is designated by the
federal government to receive federal
funds to construct a regional American
Indian youth chemical dependency
treatment center. If a nonprofit
organization in Minnesota is not
selected to receive federal funds by
June 30, 1989, the appropriation is
canceled. The appropriation is to help
defray the costs of construction of the
treatment center.
Subd. 6. Systemwide 3,025,000
(a) Life safety 550,000
(b) Residential building heating,
ventilation, and air quality control 800,000
(c) Remodel program space 500,000
(d) Laundry equipment 400,000
(e) Roof repair 775,000
Subd. 7. Vinland National Center 553,000
This appropriation is for payment of
mortgage costs and is from the general
fund.
Subd. 8. Cambridge
Regional Treatment Center 750,000
This appropriation is to improve
cottage number five at the Cambridge
regional treatment center for use by
Isanti county. The appropriation is
not available until Isanti county has
agreed to lease the facility from the
state for a period at least as long as
the life of the bonds sold to finance
the project and at a rental rate at
least sufficient to cover the cost to
the state of borrowing the money. The
initial deposit to the state bond fund
required by Minnesota Statutes, section
16A.65, subdivision 1, must be made by
the commissioner of finance with money
appropriated from the general fund.
Interest attributable to the deferred
repayment of the initial deposit and
any other deferred payments of
principal or interest provided for in
the lease agreement may be amortized in
equal periodic payments over the
remainder of the term of the lease or
paid in a lump sum. The portion of
each rental payment that is intended to
cover the debt service on the bonds
must be deposited in the state treasury
and credited to the state bond fund.
Sec. 23. BOND SALE EXPENSES
To the commissioner of finance
for bond sale expenses under Minnesota
Statutes, section 16A.641, subdivision 8 452,000
Sec. 24. DEBT SERVICE
The commissioner of finance shall
schedule the sale of state general
obligation bonds so that, during the
biennium ending June 30, 1989, no more
than $274,000,000 will need to be
transferred from the general fund to
the state bond fund to pay principal
and interest due and to become due on
outstanding state general obligation
bonds. Before each sale of state
general obligation bonds, the
commissioner of finance shall calculate
the amount of debt service payments
needed on bonds previously issued and
shall estimate the amount of debt
service payments that will be needed on
the bonds scheduled to be sold. The
commissioner shall adjust the amount of
bonds scheduled to be sold so as to
remain within the limit set by this
section. The amount needed to make the
debt service payments is appropriated
from the general fund as provided in
Minnesota Statutes, section 16A.641.
Sec. 25. [BOND SALE.]
Subdivision 1. [BUILDING FUND.] To provide the money
appropriated in this act from the state building fund the
commissioner of finance on request of the governor shall sell
and issue bonds of the state in an amount up to $370,972,200 in
the manner, upon the terms, and with the effect prescribed by
Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7.
Subd. 2. [REINVEST IN MINNESOTA FUND.] To provide the
money appropriated in this act from the reinvest in Minnesota
fund, the commissioner of finance, on request of the governor,
shall sell and issue bonds of the state in an amount up to
$19,000,000 in the manner, upon the terms, and with the effect
prescribed by Minnesota Statutes, sections 16A.631 to 16A.675,
and by the Minnesota Constitution, article XI, sections 4 to 7.
The proceeds of the bonds, except accrued interest and any
premium received on the sale of the bonds, must be credited to a
bond proceeds account in the reinvest in Minnesota resources
fund.
Subd. 3. [TRANSPORTATION FUND.] To provide the money
appropriated in this act from the state transportation fund the
commissioner of finance on request of the governor shall sell
and issue bonds of the state in an amount up to $8,800,000 in
the manner, upon the terms, and with the effect prescribed by
Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7. The
proceeds of the bonds, except accrued interest and any premium
received on the sale of the bonds, must be credited to a bond
proceeds account in the state transportation fund.
Subd. 4. [WASTE MANAGEMENT FUND.] To provide the money
appropriated in this act from the state waste management fund
the commissioner of finance on request of the governor shall
sell and issue bonds of the state in an amount up to $4,000,000
in the manner, upon the terms, and with the effect prescribed by
Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7. The
proceeds of the bonds, except accrued interest and any premium
received on the sale of the bonds, must be credited to a bond
proceeds account in the state waste management fund.
Subd. 5. [WATER POLLUTION CONTROL FUND.] To provide the
money appropriated in this act from the water pollution control
fund the commissioner of finance on request of the governor
shall sell and issue bonds of the state in an amount up to
$66,747,000 in the manner, upon the terms, and with the effect
prescribed by Minnesota Statutes, sections 16A.631 to 16A.675,
and by the Minnesota Constitution, article XI, sections 4 to 7.
The proceeds of the bonds, except accrued interest and any
premium received on the sale of the bonds, must be credited to a
bond proceeds account in the water pollution control fund.
Subd. 6. [GENERAL OBLIGATION SPECIAL TAX BONDS.] Any of
the bonds authorized by this section may be general obligation
special tax bonds issued and sold in the manner, upon the terms,
and with the effect provided in section 31. For each bond sale,
the commissioner of finance shall determine which of the bonds
will be general obligation special tax bonds.
Sec. 26. [CONSULTATION REQUIRED.]
Land must not be purchased and a building must not be
purchased, constructed, or erected on land of the University of
Minnesota until the regents have first consulted with the chair
of the senate finance committee and the chair of the house
appropriations committee and obtained their advisory
recommendations.
Sec. 27. [REVIEW OF PLANS.]
An agency to whom an appropriation is made in this act must
not prepare final plans and specifications for any construction
or major remodeling authorized by this act until the agency that
will use the project has presented the program and schematic
plans and cost estimates for all elements necessary to complete
the project to the chair of the senate finance committee and the
chair of the house appropriations committee and the chairs have
made their recommendations. The recommendations are advisory
only. Failure or refusal to make a recommendation promptly is
considered a negative recommendation.
Sec. 28. [APPROPRIATIONS FOR CONSTRUCTION; TRANSFER.]
Upon the awarding of final contracts for the completion of
a project for construction or other permanent improvement
authorized by this act, or upon the abandonment of the project,
the agency to whom the appropriation is made in this act may
transfer the unencumbered balance in the project account to
another project enumerated in the same section. The transfer
must be made only to cover bids for the other project that were
higher than was estimated when the appropriation for the other
project was made and not to cover an expansion of the other
project. The money transferred under this section is
appropriated for the purposes for which transferred. For
transfers by the state board of vocational technical education,
the total cost of both projects and the required local share for
both projects are adjusted accordingly. The commissioners and
boards shall report to the chair of the senate finance committee
and the chair of the house appropriations committee before a
transfer is made under this section.
Sec. 29. [APPROPRIATIONS FOR CONSTRUCTION; FEDERAL MONEY;
EXCEEDING AUTHORIZED COST.]
An agency that receives an appropriation in this act shall
apply for the maximum federal share for each capital improvement
project for which money is appropriated by this act.
Encumbrance or expenditure of money in excess of the project
authorization may be made only after the agency has consulted
with the chair of the senate finance committee and the chair of
the house appropriations committee and the chairs have made
their recommendations. The recommendations are advisory only.
Failure or refusal to make a recommendation promptly is
considered a negative recommendation.
Sec. 30. [METHODS OF ACQUISITION.]
If money has been appropriated by this act to the
commissioner of administration to acquire lands or sites for
public buildings or real estate, the acquisition may be by gift,
purchase, or condemnation proceedings. Condemnation proceedings
must be under Minnesota Statutes, chapter 117.
Sec. 31. [16A.661] [GENERAL OBLIGATION SPECIAL TAX BONDS.]
Subdivision 1. [AUTHORITY.] When authorized by law enacted
in accordance with the constitution, article XI, sections 5 and
7, the commissioner may by order sell and issue general
obligation special tax bonds of the state evidencing public debt
incurred for any purpose stated in the law. The bonds are
payable primarily from the proceeds of special taxes
appropriated to special tax bond debt service accounts
established in subdivision 3 and other money on hand in that
fund from time to time; however, the bonds are general
obligations of the state, and the full faith and credit of the
state are pledged for their payment.
Subd. 2. [MANNER OF ISSUANCE; MATURITIES.] The bonds must
be issued and sold in accordance with section 16A.641, except
that the maturities of the bonds and the interest rates
applicable to the bonds must be fixed so that the principal and
interest coming due in the 1987-1989 biennium on all bonds
outstanding at any time does not exceed $46,750,000. Sections
16A.672 and 16A.675 apply to the bonds.
Subd. 3. [ESTABLISHMENT OF DEBT SERVICE FUND;
APPROPRIATION OF DEBT SERVICE FUND MONEY.] (a) There is
established within the state bond fund a separate and special
account designated as a general obligation special tax bond debt
service account. There must be credited to this debt service
account in each fiscal year from the tobacco tax revenue fund
established in section 297.13 an amount sufficient to increase
the balance on hand in the debt service account on each December
1 to an amount equal to the full amount of principal and
interest to come due on all outstanding bonds whose debt service
is payable primarily from proceeds of the tax to and including
the second following July 1. The money on hand in the debt
service account must be used solely for the payment of the
principal of, and interest on, the bonds, and is appropriated
for this purpose. This appropriation does not cancel as long as
any of the bonds remain outstanding.
(b) There is established within the state bond fund a
separate and special account designated as a general obligation
special tax bond debt service account. There must be credited
to this debt service account in each fiscal year from the sports
and health club sale tax revenue fund established in section 49
an amount sufficient to increase the balance on hand in the debt
service account on each December 1 to an amount equal to the
full amount of principal and interest to come due on all
outstanding bonds whose debt service is payable primarily from
proceeds of the tax to and including the second following July
1. The money on hand in the debt service account must be used
solely for the payment of the principal of, and interest on, the
bonds, and is appropriated for this purpose. This appropriation
does not cancel as long as any of the bonds remain outstanding.
Subd. 4. [APPROPRIATION FROM GENERAL FUND.] There is
annually appropriated to the general obligation special tax bond
debt service accounts from the general fund the amount that,
added to the amount in the general obligation special tax bond
debt service accounts on December 1 each year, after giving
effect to subdivision 3, is equal to the full amount of
principal and interest to come due on all bonds to and including
July 1 in the second ensuing year.
Subd. 5. [CONSTITUTIONAL TAX LEVY.] Under the
constitution, article XI, section 7, the state auditor must levy
each year on all taxable property within the state a tax
sufficient, with the amount then on hand in the general
obligation special tax bond debt service accounts, to pay all
principal and interest on the bonds due and to become due to and
including July 1 in the second ensuing year. The tax is not
subject to limit as to rate or amount. However, the amount of
money appropriated from other sources as provided in
subdivisions 3 and 4, and actually received and on hand before
the levy in any year, reduces the amount of the tax otherwise
required to be levied. The proceeds of the tax must be credited
to the appropriate general obligation special tax bond debt
service account.
Subd. 6. [TAXABILITY; CERTIFICATION.] The commissioner
shall ascertain from state records and certify to the initial
purchasers of each series of bonds, subject to the approval of
the attorney general, that all conditions exist and all actions
have been taken that are needed to make the series of bonds
valid and binding general obligations of the state in accordance
with their terms. The bonds may be issued without regard to
whether the interest to be paid on them is includable in gross
income for federal tax purposes. However, if it is intended
that the interest on the bonds be exempt from federal income
taxes, the commissioner shall also certify for the state on the
date of issue the facts, estimates, and circumstances that lead
the commissioner reasonably to expect that the proceeds of the
bonds and the projects financed by them will not be used in a
way that would cause the interest on the bonds to be subject to
federal income taxes; the commissioner may covenant and agree
with the holders of the bonds that the state will comply with
the provisions of the United States Internal Revenue Code now or
hereafter enacted that are or may be applicable to the bonds and
that establish conditions under which the interest to be paid on
the bonds will not be subject to federal income taxes; and the
commissioner and all other state officers shall take the actions
or refrain from taking the actions necessary to comply with the
covenants. Money required to be spent for compliance is
appropriated to the commissioner from the general fund.
Subd. 7. [APPLICATION AND APPROPRIATION OF PROCEEDS.] The
proceeds of the bonds must be deposited and spent as provided in
this subdivision and are appropriated for those purposes. Any
accrued interest and any premium received on the sale of the
bonds, and any amount of bond proceeds determined by the
commissioner to be needed to pay interest payable on the bonds
up to 18 months following their issuance, must be credited to
the appropriate general obligation special tax bond debt service
account. Except as otherwise required by law, the balance of
the bond proceeds shall be credited to the state building fund
and spent for the purposes specified in the law authorizing the
issuance of the bonds. So much of the proceeds as is necessary
must be used to pay costs incurred in issuing and selling the
bonds.
Sec. 32. [85.012] [Subd. 19.] [MYSTERY CAVE ADDED TO
FORESTVILLE STATE PARK.]
Subdivision 1. The commissioner of natural resources is
authorized to acquire by gift or purchase the lands and
interests in lands presently owned or controlled by the owners
and operators of Mystery Cave, in Fillmore county, together with
such other lands and interests in lands as may be necessary for
the permanent development of Mystery Cave as a part of the state
park system. These lands and interests in lands, when acquired,
will constitute a part of Forestville state park, and shall be
administered in the same manner as provided for other state
parks and shall be perpetually dedicated for such use. After
necessary repairs and development, the commissioner may conduct
guided tours of Mystery Cave and may establish fees therefor.
These fees shall be deposited in the state park working capital
fund. As necessary to the operation of Mystery Cave, the
commissioner may enter into agreements with local road
authorities for the maintenance or improvement of roads
necessary to provide access to the cave.
Subd. 2. The lands and interests in lands which the
commissioner may acquire by gift or purchase for Mystery Cave
are described as follows:
(1) the North Half of the East 16 acres of the Southeast
Quarter of the Southeast Quarter, the Southeast Quarter of the
Southeast Quarter of the Southeast Quarter, and the East 1 acre
of the Southwest Quarter of the Southeast Quarter of the
Southeast Quarter in Section 19; the Southwest Quarter of the
Southwest Quarter of the Southwest Quarter, and the North 20
acres of the East Half of the Southeast Quarter of Section 20;
and a 2 rod cartway, the center line being described as
follows: Commencing at a point 155 feet West of the northeast
corner of the Southeast Quarter of the Southeast Quarter of the
Southeast Quarter of Section 19, thence North 10 degrees 30
minutes West 600 feet, thence North 38 degrees 15 minutes West
196 feet, thence North 3 degrees West 460 feet to center of
cartway; all in Township 102 North, Range 12 West, County of
Fillmore; and
(2) subsurface estates and related rights and interests in
lands needed for the permanent preservation of the cave and
permanent development of those parts that will be open to the
public. These subsurface estates shall include all minerals and
mineral rights. The commissioner may exclude subsurface water
and water rights from these acquisitions, on the condition that
the location and drilling of wells be approved by the
commissioner before drilling and that any water appropriation
permit not substantially diminish the flow of any subterranean
stream necessary to the natural condition of the cave. To the
greatest extent possible, and for the purpose of avoiding future
damage to the cave, the commissioner shall specifically include,
as a part of the subsurface interests acquired, all sand,
gravel, rock, and any other rights that customarily are regarded
as interests in surface estates.
Subd. 3. [APPROPRIATION.] $162,000 is appropriated from
the general fund to the commissioner of natural resources to be
available until expended for the following purposes to implement
the acquisition of Mystery Cave as part of Forestville state
park. The following amounts are appropriated from the general
fund to the commissioner for the purposes specified:
(a) for additional equipment $ 30,000
(b) for maintenance and operation $132,000
The approved complement of the department of natural resources
is increased by one position in the classified service.
Sec. 33. [124.491] [CITATION.]
Sections 34 to 38 may be cited as the "cooperative
secondary facilities grant act."
Sec. 34. [124.492] [POLICY AND PURPOSE.]
Because of the rates of decline in school-aged population,
population shifts and economic changes that the state has
experienced in recent years and anticipates in future years, and
because in some instances local school districts have not, and
will not be able to provide the required construction funds
through local property taxes, the purpose of the cooperative
secondary facilities grant program is to provide an incentive to
encourage cooperation in making available to all secondary
students those educational programs, services and facilities
that are most efficiently and effectively provided by a
cooperative effort of several school districts. The policy and
purpose of sections 35 to 37 is to use the credit of the state,
to a limited degree, to provide grants to cooperating groups of
school districts to improve and expand the educational
opportunities and facilities available to their secondary
students.
Sec. 35. [124.493] [APPROVAL AUTHORITY; APPLICATION
FORMS.]
Subdivision 1. [APPROVAL BY COMMISSIONER.] To the extent
money is available, the commissioner of education may approve
not more than two pilot projects from applications submitted
under section 36. The grant money must be used only to acquire,
construct, remodel or improve the building or site of a
cooperative secondary facility under contracts to be entered
into within 15 months after the date on which each grant is
awarded.
Subd. 2. [APPLICATION FORMS; RULES.] The commissioner of
education shall prepare application forms. The state board of
education shall adopt rules under chapter 14 to govern the
application process set out in section 36.
Sec. 36. [124.494] [GRANT APPLICATION PROCESS.]
Subdivision 1. [QUALIFICATION.] Any group of school
districts that meets the criteria required under subdivision 2
may apply for an incentive grant in an amount up to 75 percent
of the approved construction costs of a cooperative secondary
education facility.
Subd. 2. [REVIEW BY COMMISSIONER.] (a) Any group of
districts that submits an application for a grant shall submit a
proposal to the commissioner for review and comment under
section 121.15, and the commissioner shall prepare a review and
comment on the proposed facility, regardless of the amount of
the capital expenditure required to acquire, construct, remodel
or improve the secondary facility. The commissioner must not
approve an application for an incentive grant for any secondary
facility unless the facility receives a favorable review and
comment under section 121.15 and the following criteria are met:
(1) a minimum of three or more districts, with kindergarten
to grade twelve enrollments in each district of no more than
1,000 pupils, enter into a joint powers agreement;
(2) a joint powers board representing all participating
districts is established under section 471.59 to govern the
cooperative secondary facility;
(3) the planned secondary facility will result in the joint
powers district meeting the requirements of Minnesota Rules,
parts 3500.2010 and 3500.2110;
(4) at least 240 pupils would be served in grades 10 to 12,
320 pupils would be served in grades 9 to 12, or 480 pupils
would be served in grades 7 to 12;
(5) no more than one superintendent is employed by the
joint powers board as a result of the cooperative secondary
facility agreement;
(6) a statement of need is submitted, that may include
reasons why the current secondary facilities are inadequate,
unsafe or inaccessible to the handicapped;
(7) an educational plan is prepared, that includes input
from both community and professional staff;
(8) a combined seniority list for all participating
districts is developed by the joint powers board;
(9) an education program is developed that provides for
more learning opportunities and course offerings for students
than is currently available in any single member district; and
(10) a plan is developed for providing instruction of any
resident students in other districts when distance to the
secondary education facility makes attendance at the facility
unreasonably difficult or impractical.
(b) To the extent possible, the joint powers board is
encouraged to provide for severance pay or for early retirement
incentives under section 125.611, for any teacher or
administrator, as defined under section 125.12, subdivision 1,
who is placed on unrequested leave as a result of the
cooperative secondary facility agreement.
Subd. 3. [DISTRICT PROCEDURES.] A joint powers board of a
secondary district established under subdivision 2 that intends
to apply for a grant shall adopt a resolution stating the
proposed costs of the project, the purpose for which the debt is
to be incurred, and an estimate of the dates when the facilities
for which the grant is requested will be contracted for and
completed. Applications for the state grants must be
accompanied by (a) a copy of the resolution, (b) a certificate
by the clerk and treasurer of the joint powers board showing the
current outstanding indebtedness of each member district, and
(c) a certificate by the county auditor of each county in which
a portion of the joint powers district lies showing the
information in the auditor's official records that is required
to be used in computing the debt limit of the district under
section 475.53, subdivision 4. The clerk's and treasurer's
certificate shall show, as to each outstanding bond issue of
each member district, the amount originally issued, the purpose
for which issued, the date of issue, the amount remaining unpaid
as of the date of the resolution, and the interest rates and due
dates and amounts of principal thereon. Applications and
necessary data must be in the form prescribed by the
commissioner and the rules of the state board of education.
When an application is received, the commissioner shall obtain
from the commissioner of revenue, and from the public utilities
commission when required, the information in their official
records that is required to be used in computing the debt limit
of the joint powers district under section 475.53, subdivision 4.
Subd. 4. [AWARD OF GRANTS.] The commissioner shall examine
and consider all applications for grants, and if any joint
powers district is found not qualified, the commissioner shall
promptly notify that joint powers board. On January 1 and July
1 of each year, the commissioner shall make a determination on
all pending applications that have been on file with the
commissioner more than one month. If the applicants are
determined to be qualified by the commissioner and the total
amount of the grants applied for does not exceed the amount
available or that can be made available in the incentive grant
account, all grants so applied for shall be approved, subject to
verification by the joint powers districts as specified in
subdivision 6. If the total amount of the applications exceeds
the amount that is or can be made available, the commissioner
shall allot the available amount among the qualified applicant
districts, according to the commissioner's judgment and
discretion based upon their respective needs. The commissioner
shall promptly certify to each qualified joint powers district
the amount, if any, of the grant awarded to it.
Subd. 5. [REFERENDUM; BOND ISSUE.] Within 90 days after
being awarded a grant under subdivision 4, the joint powers
board shall submit the question of authorizing the borrowing of
funds for the secondary facility to the voters of the joint
powers district at a special election, which may be held in
conjunction with the annual election of the school board members
of the member districts. The question submitted shall state the
total amount of funding needed from all sources. A majority of
those voting in the affirmative on the question is sufficient to
authorize the joint powers board to issue the bonds on public
sale in accordance with chapter 475. The clerk of the joint
powers board must certify the vote of the bond election to the
commissioner of education. If the bonds are authorized by the
voters, the commissioner shall notify the county auditor of each
county in which the joint powers district is located that the
grant amount certified under subdivision 4 is available and
appropriated for payment of principal and interest on the bonds
issued under this subdivision, and the auditor shall reduce the
joint powers district's debt service levies accordingly. If a
majority of those voting on the question do not vote in the
affirmative, the grant must be canceled.
Subd. 6. [CONTRACT.] Each grant must be evidenced by a
contract between the joint powers board and the state acting
through the commissioner. It obligates the state to pay to the
joint powers board an amount computed according to subdivision
4, upon receipt by the commissioner of a certified resolution of
the joint powers board verifying that contracts have been
entered into for construction or remodeling of the facilities
for which the grant is awarded and that bonds of the joint
powers district have been issued and sold in the amount
necessary to pay all project costs in excess of the amount of
the grant, and estimating the costs.
Sec. 37. [124.495] [STATE BOND AUTHORIZATION.]
To provide money for the cooperative secondary facilities
grant program, the commissioner of finance, upon the request of
the commissioner of education, shall issue and sell bonds of the
state up to the amount of $8,000,000 in the manner, upon the
terms and with the effect prescribed by sections 16A.631 to
16A.675 and the Minnesota Constitution, article XI, sections 4
to 7.
Sec. 38. [124.496] [REPORT TO THE LEGISLATURE.]
By January 15, 1989, the commissioner of education shall
report to the legislature on the implementation of the
cooperative secondary facilities grant program established in
this act.
Sec. 39. [129B.71] [CITATION.]
Sections 129B.71 to 129B.75 may be cited as the
"desegregation capital improvement grant act."
Sec. 40. [129B.72] [APPROVAL AUTHORITY; APPLICATION
FORMS.]
Subdivision 1. [APPROVAL BY COMMISSIONER.] The
commissioner of education may approve or disapprove applications
under section 129B.73. The grant money must be used only to
remodel or improve a building or site under contracts to be
entered into within 15 months after the date each grant is
awarded.
Subd. 2. [APPLICATION FORMS; RULES.] The commissioner of
education shall prepare application forms. The state board of
education shall adopt rules under chapter 14 to govern the
application process set out in section 41.
Sec. 41. [129B.73] [GRANT APPLICATION PROCESS.]
Subdivision 1. [QUALIFICATION.] A school district that
meets the criteria required under subdivision 2 may apply for a
grant in an amount up to 50 percent of the approved costs of
remodeling or improvement.
Subd. 2. [REVIEW BY COMMISSIONER.] (a) A school district
that submits an application for a grant shall submit a proposal
to the commissioner for review and comment under section 121.15,
and the commissioner shall prepare a review and comment on the
proposed facility, regardless of the amount of the capital
expenditure required to remodel or improve the building or
site. The commissioner must not approve an application for a
grant for a building or site unless the building or site
receives a favorable review and comment under section 121.15 and
is recommended by the commissioner as part of the district's
approved desegregation plan.
Subd. 3. [AWARD OF GRANTS.] The commissioner shall examine
and consider all applications for grants, and if a district is
found not qualified, the commissioner shall promptly notify the
district board. If the total amount of the applications exceeds
the amount that is or can be made available, the commissioner
shall prorate the available amount among the qualified applicant
districts, according to the commissioner's judgment and
discretion based upon their respective needs. The commissioner
shall promptly certify to each district the amount, if any, of
the grant awarded to it.
Subd. 4. [MATCHING REVENUE.] Upon being awarded a grant
under subdivision 3, the board shall determine the need to bond
for additional revenue. If the board determines that there is
no need to bond, it shall certify to the commissioner of
education that other funds are available for the purpose. If a
bond issue is required, the board shall submit, within 90 days,
the question of authorizing the borrowing of funds for
remodeling or improvements to the voters of the district at a
special election, that may be held in conjunction with the
annual election of the school board members. If a majority of
those voting on the question do not vote in the affirmative, the
grant must be canceled.
Sec. 42. [129B.74] [STATE BOND AUTHORIZATION.]
To provide money for the desegregation capital improvement
grant program, the commissioner of finance, upon the request of
the commissioner of education, shall issue and sell bonds of the
state up to the amount of $900,000 in the manner, upon the terms
and with the effect prescribed by sections 16A.631 to 16A.675
and the Minnesota Constitution, article XI, sections 4 to 7.
Sec. 43. [129B.75] [REPORT TO THE LEGISLATURE.]
By January 15 of each year, the commissioner of education
shall report to the legislature on the implementation of the
desegregation capital improvement grant program established in
sections 129B.71 to 129B.74.
Sec. 44. [240A.01] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] As used in sections
240A.01 to 240A.07, the words defined in this section have the
meanings given them.
Subd. 2. [COMMISSION.] "Commission" means the Minnesota
amateur sports commission.
Subd. 3. [LOCAL GOVERNMENTS.] "Local governments" means
counties, towns, statutory or home rule charter cities, school
districts, or any combination of them.
Subd. 4. [SPORTS FACILITY OR SPORTS FACILITIES.] "Sports
facility" or "sports facilities" means real or personal property
or both suitable for holding those amateur sports competitions
determined by the commission.
Sec. 45. [240A.02] [MINNESOTA AMATEUR SPORTS COMMISSION.]
Subdivision 1. [MEMBERSHIP; COMPENSATION; CHAIR.] The
Minnesota amateur sports commission consists of nine voting
members, four of whom must be experienced in promoting amateur
sports, appointed by the governor to three-year terms. Two
legislators, one from each house appointed according to its
rules, shall be nonvoting members. Compensation and removal of
members and the filling of membership vacancies are as provided
in section 15.0575. A member may be reappointed. The governor
shall appoint the chair of the commission after consideration of
the commission's recommendation.
Subd. 2. [MEETINGS.] The commission shall meet at least
quarterly and at other times determined by the commission and
shall adopt rules governing its proceedings.
Subd. 3. [STAFF.] The commission shall appoint an
executive director, who may hire other employees authorized by
the commission. The executive director and any other employees
are in the unclassified service under section 43A.08.
Sec. 46. [240A.03] [GENERAL POWERS OF THE COMMISSION.]
Subdivision 1. [GENERAL.] The commission has the powers
necessary and convenient to discharge the duties imposed by law,
including but not limited to those provided in this section.
Subd. 2. [ACTIONS.] The commission may sue and be sued and
is a public body within the meaning of chapter 562.
Subd. 3. [PROPERTY.] The commission may acquire by lease,
purchase, gift, or devise all necessary right, title, and
interest in and to real or personal property or both necessary
to the purposes of amateur sports facilities.
Subd. 4. [CONSTRUCTION AND OPERATION.] The commission may
own, operate, construct, repair, or refurbish, and enter into
contracts for the same purposes for real or personal property or
both necessary for amateur sports facilities.
Subd. 5. [EXEMPTION OF PROPERTY.] Real or personal
property acquired, owned, leased, controlled, used, or occupied
by the commission for the purposes of amateur sports facilities
is declared to be acquired, owned, leased, controlled, used, and
occupied for public, governmental, and municipal purposes, and
is exempt from ad valorem taxation by the state or any political
subdivision of the state, provided that the properties are
subject to special assessments levied by a political subdivision
for a local improvement in amounts proportionate to and not
exceeding the special benefit received by the properties from
the improvement. No possible use of any of the properties in
any manner different from their use under sections 240A.01 to
240A.07 at the time may be considered in determining the special
benefit received by the properties. Assessments are subject to
confirmation by the commission, whose determination of the
benefits is subject to court review. Notwithstanding the
provisions of section 272.01, subdivision 2, or 273.19, real or
personal property leased by the commission to another person for
uses related to the purposes of sections 240A.01 to 240A.07 is
exempt from taxation regardless of the length of the lease.
Subd. 6. [DISPOSITION OF PROPERTY.] The commission may
sell or otherwise dispose of any real or personal property
acquired by it that is no longer required for accomplishment of
its purposes. The property shall be sold in the manner provided
by section 458.196, insofar as practical and consistent with
sections 473.551 to 473.595.
Subd. 7. [CONTRACTS.] The commission may contract for
materials, supplies, and equipment with persons, firms, or
corporations to perform one or more or all of the functions of
architect, engineer, construction manager, project manager, or
contractor for both design and construction, with respect to all
or any part of a project to build or remodel sports facilities.
Subd. 8. [GIFTS AND GRANTS.] The commission may accept
gifts of money, property, or services; may apply for and accept
grants or loans of money or other property from the United
States, the state, a subdivision of the state, or a person for
any of its purposes; may enter into an agreement required in
connection with it; and may hold, use, and dispose of the money,
property, or services in accordance with the terms of the gift,
grant, loan, or agreement relating to it. The commission may
also make grants, gifts, and bequests of money, property, or
services and enter into contracts to carry out the same. Money
received under this subdivision is annually appropriated to the
commission.
Subd. 9. [RESEARCH.] The commission may conduct research
studies and programs; collect and analyze data; prepare reports,
maps, charts, and tables; and conduct necessary hearings and
investigations in connection with its functions.
Subd. 10. [USE AGREEMENTS.] The commission may lease,
license, or enter into agreements and may fix, alter, charge,
and collect rentals, fees, and charges to persons for the use,
occupation, and availability of part or all of any premises,
property, or facilities under its ownership, operation, or
control. A use agreement may provide that the other contracting
party has exclusive use of the premises at the times agreed upon.
Subd. 11. [INSURANCE.] The commission may require any
employee to obtain and file with it an individual bond or
fidelity insurance policy. It may obtain insurance in the
amounts it considers necessary to protect it against the
liability of the commission or its officers and employees for
personal injury or death and property damage or destruction,
with the effect stated in chapter 466, and against risks of
damage to or destruction of any of its facilities, equipment, or
other property.
Subd. 12. [RULES AND PROCEDURES.] The commission may adopt
rules and procedures to implement its authority under sections
240A.01 to 240A.07.
Sec. 47. [240A.04] [PROMOTION AND DEVELOPMENT OF AMATEUR
SPORTS.]
In addition to the powers and duties granted under section
3, the commission shall:
(1) promote the development of olympic training centers;
(2) promote physical fitness by promoting participation in
sports;
(3) develop, foster, and coordinate physical fitness
services and programs;
(4) sponsor amateur sport workshops, clinics, and
conferences;
(5) provide recognition for outstanding developments,
achievements, and contributions to amateur sports;
(6) stimulate and promote amateur sport research;
(7) collect, disseminate, and communicate amateur sport
information;
(8) promote amateur sport and physical fitness programs in
schools and local communities;
(9) develop programs to promote personal health and
physical fitness by participation in amateur sports in
cooperation with medical, dental, sports medicine, and similar
professional societies;
(10) promote the development of recreational amateur sport
opportunities and activities in the state, including the means
of facilitating acquisition, financing, construction, and
rehabilitation of sports facilities for the holding of amateur
sporting events;
(11) promote national and international amateur sport
competitions and events;
(12) sanction or sponsor amateur sport competition;
(13) take membership in regional or national amateur sports
associations or organizations; and
(14) promote the mainstreaming and normalization of people
with physical disabilities and visual and hearing impairments in
amateur sports.
Sec. 48. [240A.05] [SANCTION OF CERTAIN EVENTS.]
The commission may sponsor or sanction amateur sporting
events that include athletes who participate in events sponsored
or sanctioned by the Minnesota state high school league or any
other governing body of sport.
Sec. 49. [240A.06] [STATE AMATEUR ATHLETIC GAMES.]
Subdivision 1. [SPONSORSHIP REQUIRED.] The commission
shall sponsor and sanction a series of statewide amateur
athletic games patterned after the winter and summer Olympic
Games, with variations as required by facilities, equipment, and
expertise, and as necessary to include people with physical
disabilities and visual and hearing impairments. The games may
be held annually beginning in 1989, if money and facilities are
available, unless the time of the games would conflict with
other sporting events as the commission determines.
Subd. 2. [LIMITATIONS.] The games must be designed to
encourage the participation of athletes representing a broad
range of age groups, skill levels, Minnesota communities, and
people with physical disabilities and visual and hearing
impairments. Primary participants must be residents of
Minnesota. Regional competitions to determine participants in
the games may be held throughout the state, and the top
qualifiers in each sport or the regional competitions are
qualified to participate in the state amateur athletic games.
The games must be held at an appropriate site in the state.
Sec. 50. [240A.07] [COOPERATION REQUIRED.]
Local governments shall cooperate with the commission to
the greatest extent practical in providing facilities for use in
amateur sports and olympic training.
Sec. 51. [INITIAL APPOINTMENTS.]
Notwithstanding section 240A.02, the governor shall appoint
the initial members of the commission as follows:
(1) three members to one-year terms;
(2) three members to two-year terms; and
(3) three members to three-year terms.
Sec. 52. Minnesota Statutes 1986, section 297A.01,
subdivision 3, is amended to read:
Subd. 3. A "sale" and a "purchase" includes, but is not
limited to, each of the following transactions:
(a) Any transfer of title or possession, or both, of
tangible personal property, whether absolutely or conditionally,
and the leasing of or the granting of a license to use or
consume tangible personal property other than manufactured homes
used for residential purposes for a continuous period of 30 days
or more, for a consideration in money or by exchange or barter.
"Sales" also include the transfer of computer software, meaning
information and directions which dictate the function to be
performed by data processing equipment and which are sold
without adaptation to the specific requirements of the
purchaser. This type of computer software, whether contained on
tape, discs, cards, or other devices, shall be considered
tangible personal property;
(b) The production, fabrication, printing or processing of
tangible personal property for a consideration for consumers who
furnish either directly or indirectly the materials used in the
production, fabrication, printing or processing;
(c) The furnishing, preparing or serving for a
consideration of food, meals or drinks, not including hospitals,
sanatoriums, nursing homes or senior citizens homes, meals or
drinks purchased for and served exclusively to individuals who
are 60 years of age or over and their spouses or to the
handicapped and their spouses by governmental agencies,
nonprofit organizations, agencies, or churches or pursuant to
any program funded in whole or part through 42 USCA sections
3001 through 3045, wherever delivered, prepared or served, meals
and lunches served at public and private schools, universities
or colleges, or the occasional meal thereof by a charitable or
church organization. Notwithstanding section 297A.25,
subdivision 2, taxable food or meals include, but are not
limited to, the following:
(i) heated food or drinks;
(ii) sandwiches prepared by the retailer;
(iii) single sales of prepackaged ice cream or ice milk
novelties prepared by the retailer;
(iv) hand-prepared or dispensed ice cream or ice milk
products including cones, sundaes, and snow cones;
(v) soft drinks and other beverages prepared or served by
the retailer;
(vi) gum;
(vii) ice;
(viii) all food sold in vending machines;
(ix) party trays prepared by the retailers; and
(x) all meals and single servings of packaged snack food,
single cans or bottles of pop, sold in restaurants and bars;
(d) The granting of the privilege of admission to places of
amusement or athletic events and the privilege of use of
amusement devices or athletic facilities;
(e) The furnishing for a consideration of lodging and
related services by a hotel, rooming house, tourist court, motel
or trailer camp and of the granting of any similar license to
use real property other than the renting or leasing thereof for
a continuous period of 30 days or more;
(f) The furnishing for a consideration of electricity, gas,
water, or steam for use or consumption within this state, or
local exchange telephone service and intrastate toll service;
the tax imposed on amounts paid for telephone services is the
liability of and shall be paid by the person paying for the
services. Sales by municipal corporations in a proprietary
capacity are included in the provisions of this clause. The
furnishing of water and sewer services for residential use shall
not be considered a sale;
(g) The furnishing for a consideration of cable television
services, including charges for basic monthly service, charges
for monthly premium service, and charges for any other similar
television services;
(h) Notwithstanding subdivision 4, and section 297A.25,
subdivision 9, the sales of horses including claiming sales and
fees paid for breeding a stallion to a mare. This clause
applies to sales and fees with respect to a horse to be used for
racing whose birth has been recorded by the Jockey Club or the
United States Trotting Association or the American Quarter Horse
Association but shall not apply with respect to the sale of a
horse bred and born in the state of Minnesota;
(i) The granting of membership in a club, association or
other organization if:
(1) the club, association, or other organization makes
available for the use of its members sports and athletic
facilities (without regard to whether a separate charge is
assessed for use of the facilities); and
(2) use of the sports and athletic facilities is not made
available to the general public on the same basis as it is made
available to members.
Granting of membership includes both one-time initiation fees
and periodic membership dues. Sports and athletic facilities
include golf courses, tennis, racquetball, handball and squash
courts, basketball and volleyball facilities, running tracks,
exercise equipment, swimming pools and other similar athletic or
sports facilities. The provisions of this paragraph do not
apply to camps or other recreation facilities owned and operated
by an exempt organization under section 501(c)(3) of the
Internal Revenue Code of 1986, as amended through December 31,
1986, for educational and social activities for young people
primarily age 18 and under. The provisions of this paragraph do
not apply to an association incorporated under section 315.44.
Sec. 53. Minnesota Statutes 1986, section 297A.44,
subdivision 1, is amended to read:
Subdivision 1. (a) Except as provided in paragraphs (b)
and (c) all revenues, including interest and penalties, derived
from the excise and use taxes imposed by sections 297A.01 to
297A.44 shall be deposited by the commissioner in the state
treasury and credited to the general fund.
(b) All excise and use taxes derived from sales and use of
property and services purchased for the construction and
operation of an agricultural resource project, from and after
the date on which a conditional commitment for a loan guaranty
for the project is made pursuant to section 41A.04, subdivision
3, shall be deposited in the agricultural resource loan guaranty
fund. The commissioner of finance shall certify to the
commissioner the date on which the project received the
conditional commitment. The amount deposited in the loan
guaranty fund shall be reduced by any refunds and by the costs
incurred by the department of revenue to administer and enforce
the assessment and collection of the taxes.
(c) All revenues, including interest and penalties, derived
from the excise and use taxes imposed on sales and purchases
included in section 48, paragraph (i), clauses (1) and (2), must
be deposited by the commissioner of revenue in a separate and
special fund, designated as the sports and health club sales tax
revenue fund in the state treasury and credited as follows:
(1) first to the general obligation special tax bond debt
service account in each fiscal year the amount required by
section 31, subdivision 3, paragraph (b); and
(2) after the requirements of paragraph (a) of this section
have been met:
(i) no more than the amounts specifically appropriated to
operate and maintain facilities financed under section 8,
subdivision 3; must be credited to an amateur athletic
facilities account set up for this purpose; and
(ii) the balance must be credited to the general fund.
Sec. 54. [LOCAL BONDING AUTHORITY.]
Subdivision 1. [BONDING AUTHORITY.] In addition to bonds
authorized by other law, independent school district No. 625 may
issue $400,000 in general obligation bonds of the school
district in 1987 or 1988 for capital repairs and improvements.
The bonds issued under this section are not subject to Minnesota
Statutes, sections 475.58, 475.59, or the first sentence of
475.53, subdivision 5. The bonds must otherwise be issued as
provided in Minnesota Statutes, chapter 475. The authority to
issue bonds under this section is in addition to any bonding
authority authorized by Minnesota Statutes, chapter 124, or
other law. The amount of bonding authority authorized under
this section must be disregarded in calculating the bonding
limit of chapter 124 or any other law other than Minnesota
Statutes, chapter 475.
The bonds must not be issued until the school district has
conveyed to the city of Saint Paul, by recordable deed, all of
the interest of independent school district No. 625 in property
legally described as King's Park View, Block 2. The property is
otherwise known as the Edgcumbe school site and is bounded by
Hamline Avenue, Pinehurst Avenue, Syndicate Street, and Ford
Parkway. The school district may accept contributions, direct
or indirect, related to the conveyance, from any source,
provided that the amount of bonds authorized under this section
must be reduced by the amount of contributions accepted except
for contributions associated with the costs of issuing the bonds.
Subd. 2. [TAX LEVY FOR DEBT SERVICE.] To pay for the
principal of and interest on bonds issued under subdivision 1,
independent school district No. 625 must levy a tax annually in
an amount sufficient under Minnesota Statutes, section 475.61,
subdivisions 1 and 3, to pay the principal of and interest on
the bonds. The tax authorized under this section is in addition
to the taxes authorized to be levied under Minnesota Statutes,
chapter 124A or 275, or other law. The tax authorized under
this section is not subject to and must be disregarded in the
calculation of any levies subject to limits on levies provided
in Minnesota Statutes, chapter 124A or 275, or other law.
Sec. 55. [PLANNING.]
In its planning for new program offerings at a particular
institution, each public post-secondary governing board shall
consider the availability of physical space and the adequacy of
facilities at that institution. If the board determines that
new space or facilities are required, it shall examine the
feasibility of developing the program at a different institution
within its system.
Sec. 56. [GREAT RIVER ROAD BONDS.]
The city of Minneapolis may issue $3,000,000 in general
obligation bonds of the city for land acquisition by the
Minneapolis park and recreation board in connection with the
great river road project. The bonds must be issued before
December 31, 1987. The bonds issued under this subdivision are
not included in the net indebtedness of the city as defined in
Minnesota Statutes, section 475.51, subdivision 4.
Sec. 57. [EXPANDING USE OF RED RIVER DIKE FUNDS.]
The unobligated balance of the appropriations made in Laws
1981, chapter 361, section 3, subdivision 3, and Laws 1985,
First Special Session chapter 15, section 4, subdivision 5, does
not cancel pursuant to Minnesota Statutes, section 16A.28 or
other law, but is available for grants for flood management
projects or to evaluate the practicality and feasibility of
establishing a coordinated diking system along both sides of the
Red River of the North beginning at East Grand Forks and Grand
Forks and extending north for the Minnesota counties of Polk,
Marshall, and Kittson, and the North Dakota counties of Grand
Forks, Walsh, and Pembina. The commissioner of natural
resources shall make the grants available to the Lower Red River
watershed management board to cooperate and work with the
Minnesota counties and the North Dakota counties and local water
management organizations.
Sec. 58. [FACILITIES; COSTS.]
The requirements of Laws 1983, chapter 344, section 13;
Laws 1984, chapter 597, section 5, subdivision 4; and Laws 1985,
First Special Session chapter 13, section 28, subdivision 6,
that certain appropriations for various facilities be repaid by
the facilities or other responsible bodies are canceled.
Sec. 59. [REPEALER.]
Sections 33 to 38 are repealed June 30, 1989.
Sec. 60. [EFFECTIVE DATE.]
This act is effective the day following final enactment.
Sec. 61. MINNESOTA LEARNING
CENTER FOR THE ARTS
To the commissioner of
administration to plan and prepare working
drawings, acquire land, and prepare a
site for the Minnesota learning
center for the arts 4,000,000
The plan must separately list the total
proposed expenditures for the
interdisciplinary academic and arts
program for pupils in the 11th and 12th
grade. The plan shall also separately
identify total proposed expenditures
for at least four alternative methods
of providing residential facilities
including the use of existing
facilities by contracting with public
or private organizations, such as
school districts, post-secondary
institutions, or other organizations.
The cost of providing a residential
high school program and the costs of
providing an arts learning center must
be separate and identifiable.
Approved June 11, 1987
Official Publication of the State of Minnesota
Revisor of Statutes