Office of the Revisor of Statutes
Minnesota Session Laws - 1989, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1989
CHAPTER 300-H.F.No. 46
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 bonds; providing for deficiencies in and
supplementing appropriations for the expenses of state
government; setting filing fees for mental health
service providers; appropriating money; amending
Minnesota Statutes 1988, sections 16A.69; 16B.31,
subdivision 3, and by adding a subdivision; 116.18,
subdivision 3d; 124.477; 124.494, subdivisions 1, 2,
and 4; 124.495; 129B.72, subdivisions 2, and by adding
a subdivision; 129B.73, subdivision 4, and by adding a
subdivision; 136.03; 136.65, by adding a subdivision;
137.02, by adding a subdivision; 148B.40, subdivision
3; 148B.42, by adding a subdivision; and 268.027; Laws
1979, chapter 280, sections 1 and 2, as amended;
proposing coding for new law in Minnesota Statutes,
chapters 16B and 129B; repealing Minnesota Statutes
1988, section 268.027; and Laws 1987, chapter 400,
section 59, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
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
TECHNICAL INSTITUTES $ 5,485,000
COMMUNITY COLLEGES 5,805,000
STATE UNIVERSITIES 27,830,000
UNIVERSITY OF MINNESOTA 14,415,000
EDUCATION 2,703,000
HUMAN SERVICES 11,751,000
CORRECTIONS 2,600,000
HEALTH 390,000
VETERANS HOMES BOARD 165,000
JOBS AND TRAINING 1,000,000
BOARD OF WATER AND SOIL RESOURCES 1,500,000
MINNESOTA HISTORICAL SOCIETY 301,000
ADMINISTRATION 38,312,000
CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD 450,000
NATURAL RESOURCES 6,857,000
POLLUTION CONTROL AGENCY 10,125,000
PUBLIC FACILITIES AUTHORITY 12,700,000
TRADE AND ECONOMIC DEVELOPMENT 6,780,000
MILITARY AFFAIRS 400,000
TRANSPORTATION 8,000,000
BOND SALE EXPENSES 119,000
TOTAL $157,688,000
General Fund 2,103,000
Building Fund 142,585,000
Reinvest in Minnesota Resources Fund 5,000,000
Transportation Fund 8,000,000
APPROPRIATIONS
$
Sec. 2. TECHNICAL INSTITUTES
Subdivision 1. To the state board
of vocational technical education for the
purposes specified in this section 5,485,000
The state board shall review and report
to the house appropriations and senate
finance committees by January 15 of
each year on the status of the capital
improvement projects in this section.
As part of the planning process for any
new building, consideration must be
given to the child care needs of a
campus and the feasibility of locating
child care facilities in the new
building.
Subd. 2. Post-secondary vocational
technical construction in the school districts
listed in this subdivision 675,000
(a) Independent School District No. 564,
Thief River Falls 505,000
This appropriation is added to the
appropriation in Laws 1987, chapter
400, section 17, subdivision 2, clause
(p), for the same purposes. The total
amount of the project may not exceed
$2,708,000.
(b) Independent School District No. 819,
Wadena 170,000
This appropriation is added to the
appropriation in Laws 1987, chapter
400, section 17, subdivision 2, clause
(q), for the same purposes. The total
amount of the project may not exceed
$2,321,000.
Subd. 3. Statewide
Notwithstanding Minnesota Statutes,
section 136C.44, during the biennium
ending June 30, 1991, the state board
of vocational technical education must
not make grants to school districts but
shall directly supervise and control
the preparation of plans and
specifications to construct, alter, or
enlarge the technical institute
buildings, structures, and improvements
provided for in this subdivision. The
state board of vocational technical
education may provide grants to school
districts for land purchases authorized
in this act. The school district must
still finance 15 percent of the cost of
each project, other than in a joint
vocational technical district as
defined in Minnesota Statutes, section
136C.60.
During the biennium, the state board of
vocational technical education 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 state board of vocational
technical education may employ
appropriate staff to implement this
subdivision and may delegate
responsibilities to technical institute
staff.
(a) Acquire land 950,000
This appropriation is to acquire land
at the campuses at Bemidji, Detroit
Lakes, Pine City, St. Paul, and Winona.
(b) To continue development of the master
facility plan at each technical
institute campus 250,000
(c) Miscellaneous 3,610,000
This appropriation is for capital
improvement grants to school districts
for roofs, parking lots, hazardous
material abatement, fuel tank removal,
electrical, mechanical, and other
physical plant repairs and betterments
at technical institute campuses.
Sec. 3. COMMUNITY COLLEGES
Subdivision 1. To the commissioner of
administration for the purposes specified
in the following subdivisions 5,805,000
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, 1991.
The state board shall review and report
to the house appropriations and senate
finance committees by January 15 of
each year on the status of the capital
improvement projects in this section.
As part of the planning process for any
new building, consideration must be
given to the child care needs of a
campus and the feasibility of locating
child care facilities in the new
building.
Subd. 2. Brainerd Community College 360,000
This appropriation is to prepare
working drawings to provide space for
drama, child care, physical education,
laboratories, biology, a library,
classrooms, a campus center, an art
studio and classroom, offices, parking,
and storage areas.
Subd. 3. Fergus Falls Community
College 200,000
This appropriation is to prepare
working drawings for a campus center,
child care, laboratories, offices,
administration and counseling,
classrooms, continuing education,
physical education, parking, and
storage.
Subd. 4. Fond du Lac Center 100,000
This appropriation is to prepare
working drawings for classrooms,
laboratories, offices, and other
necessary purposes. This appropriation
is available only after receipt of a
gift of land upon which the structures
will be located.
Subd. 5. Hibbing Community
College 25,000
This appropriation is to prepare
working drawings for athletic
facilities. The plans must be
developed in cooperation with the local
school board.
Subd. 6. Lakewood Community
College 320,000
This appropriation is to prepare
working drawings to provide space for
classrooms, child care, continuing
education, physical education, parking,
student services, administration,
laboratories, campus center, and
faculty office areas.
Subd. 7. Normandale Community
College 580,000
This appropriation is to prepare
working drawings to provide space for
administration, classrooms, a campus
center, laboratories, a library,
continuing education, maintenance,
student services areas, and parking
areas.
Subd. 8. Rainy River Community
College 155,000
This appropriation is to prepare
working drawings for classrooms,
laboratories, student services areas,
faculty offices, a bookstore, child
care, maintenance facilities, library,
administration areas, and parking areas.
Subd. 9. Southeastern Education
Center 825,000
This appropriation is to prepare
working drawings for: (1) a facility
to be shared by the University of
Minnesota, Rochester Community College,
and Winona State University; and (2)
the space vacated on the community
college campus as a result of the new
structure.
Subd. 10. Willmar Community
College 185,000
This appropriation is to prepare
working drawings for laboratories, a
library, offices, parking, heating
systems, fine arts, and classroom areas.
Subd. 11. Systemwide
(a) Acquire land 1,000,000
This appropriation is to the community
college board to acquire land at
Willmar, Brainerd, and Anoka-Ramsey
community colleges.
Before taking action, the board shall
consult with the chairs of the senate
finance committee and the house
appropriations committee about the
proposed action. The board shall
explain the need to acquire property,
specify the property to be acquired,
and indicate the source and amount of
money needed for the acquisition.
Should either chair object to the
proposed purchase, then further action
must be suspended pending presentation
of the proposal to the legislature for
consideration.
The community college board may pay
relocation costs, at its discretion,
when acquiring property.
(b) To continue effective facility and program
planning at community college campuses 250,000
(c) Miscellaneous 1,805,000
This appropriation is for capital
improvements at community colleges
statewide, including roofs, hazardous
material abatement, repair or
construction of parking lots,
electrical, mechanical, and other
physical plant repairs and betterments.
Sec. 4. STATE UNIVERSITIES
Subdivision 1. To the state
university board for the purposes specified
in the following subdivisions 27,830,000
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 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 shall review and report to
the house appropriations and senate
finance committees by January 15 of
each year on the status of the capital
improvement projects in this section.
Notwithstanding Minnesota Statutes,
section 16B.24, subdivision 2, 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, 1991.
Notwithstanding other law, during the
biennium, the state university board,
on behalf of St. Cloud State and Winona
State universities, may purchase
property adjacent to or in the vicinity
of the campuses as necessary for the
development of the universities.
Before taking action, the board shall
consult with the chairs of the senate
finance committee and the house
appropriations committee about the
proposed action. The board shall
explain the need to acquire property,
specify the property to be acquired,
and indicate the source and amount of
money needed for the acquisition.
Should either chair object to the
proposed purchase, then further action
must be suspended pending presentation
of the proposal to the legislature for
consideration.
The state university board may pay
relocation costs, at its discretion,
when acquiring property.
As part of the planning process for any
new building, consideration must be
given to the child care needs of a
campus and the feasibility of locating
child care facilities in the new
building.
Subd. 2. Bemidji Campus 150,000
This appropriation is from the general
fund to replace the theater lighting in
Bangsberg Hall.
Subd. 3. Mankato Campus
(a) Val Imm Drive 500,000
This appropriation is to pay a special
assessment by the city of Mankato for
the cost of reconstruction and
improvement of Val Imm Drive.
During the biennium ending June 30,
1991, the city of Mankato may assess
the state university board for costs of
a storm water system. The assessment
must not be made until completion of
the work and must not be more than
$275,000 or 50 percent of the project,
whichever is less.
(b) Remodel and construct an addition to
Memorial Library 11,200,000
Subd. 4. Metropolitan Campus
Plan for a consolidated administrative
and student center - working drawings 600,000
Subd. 5. Moorhead Campus
Prepare working drawings for a classroom
and office building 210,000
Subd. 6. St. Cloud Campus
Repair exterior of business building 295,000
Subd. 7. Southwest Campus
Waterproof tunnels 365,000
The appropriation in Laws 1987, chapter
400, section 19, subdivision 6, item
(e), must not be spent for
telecommunication towers and equipment
for the southwest regional microwave
system, but must be spent to develop
the facilities and purchase the
necessary fiber optic and microwave
equipment to develop the regional
system.
Subd. 8. Winona Campus
Construct Health
And Applied Science Building. 10,310,000
Subd. 9. This appropriation is for
capital improvements on state
university campuses statewide.
(a) Abate hazardous materials 1,200,000
(b) Replace roofs 1,400,000
(c) Acquire land 1,600,000
This appropriation is to acquire land
adjacent to or in the vicinity of the
Winona and St. Cloud campuses.
Up to $350,000 of the unencumbered
balance remaining from the money
appropriated in Laws 1987, chapter 400,
section 19, subdivision 7, for planning
and land acquisition at Winona State
University may be used for acquiring
additional land adjacent to or in the
vicinity of the Winona State campus.
Options for purchase of land may be
negotiated for the Science Center at
Moorhead.
Subd. 10. Wood-Fired Boilers
Effective upon enactment of this act,
no more money shall be paid out of the
treasury of this state in connection
with an agreement under Minnesota
Statutes, section 16B.16, to provide a
wood-fired boiler heating system at the
campus of either Bemidji State
University or St. Cloud State
University. This prohibition is
intended to be permanent.
Minnesota Statutes, section 16B.16,
authorizes the commissioner of
administration to enter into
installment purchase agreements to
acquire equipment that will improve the
energy efficiency of a state building
or facility if, among other things, the
entire cost of the contract is a
percentage of the resultant savings in
energy costs and the state may
unilaterally cancel the agreement if
the legislature fails to appropriate
funds to continue the contract.
Section 16B.16 does not authorize the
commissioner to commit the state to pay
for equipment that does not work nor to
pay more for energy as a result of the
installment purchase agreement than
would be needed without the agreement.
If there are no savings in energy costs
through use of the equipment, there
should be no compensation due under the
agreement.
The commissioner of administration
acted under Minnesota Statutes, section
16B.16, when entering into installment
purchase agreements to install
wood-fired boiler heating systems at
the campuses of Bemidji State
University and St. Cloud State
University. The wood-fired boiler
heating system installed at the Bemidji
campus did not work as promised and the
promised energy savings were not
achieved. The state refused to make
further payments under the agreement
for Bemidji and canceled the agreement
for St. Cloud. The state later resumed
making payments under the agreement for
Bemidji, even though it believed there
had been a complete failure of
consideration.
The purpose of this subdivision is to
make clear to all potential investors
in state and local bonds and to
financial institutions that the state
is not and never has been responsible
for financing the wood-fired boiler
heating systems at Bemidji and St.
Cloud state universities, other than
through payment to the vendor of a
percentage of the resultant savings in
energy costs. Since the equipment and
technology chosen by the vendor did not
produce savings in energy costs, the
entire loss should be borne by the
vendor and by the vendor's financial
backers, not by the state.
Sec. 5. UNIVERSITY OF MINNESOTA
Subdivision 1. To the regents of the
University of Minnesota for the purposes
specified in the following subdivisions 14,415,000
The regents shall review and report to
the house appropriations and senate
finance committees by January 15 of
each year on the status of the capital
improvement projects in this section.
As part of the planning process for any
new building, consideration must be
given to the child care needs of a
campus and the feasibility of locating
child care facilities in the new
building.
Subd. 2. Twin Cities Campus
(a) Plan Walter Library Renovation 2,270,000
(b) Biological Sciences and Basic
Sciences Construction Projects -
Working Drawings 5,114,000
(c) Upgrade Indoor-Outdoor Track 270,000
(d) Physiology Building - Working Drawings 60,000
(e) Earth Sciences and Materials Engineering
Building - Schematic Plans 1,035,000
Subd. 3. Waseca Campus
Prepare working drawings for a food
service and campus center 266,000
Subd. 4. Statewide 5,400,000
$3,040,000 is for health and life
safety improvements at University of
Minnesota facilities statewide.
$2,200,000 is the final appropriation
for the state's share of the cost of
clean up of the Rosemount Research
Center.
$160,000 is to prepare schematic plans
for integrated waste management.
Subd. 5. Other Provisions
The regents of the University of
Minnesota may use nonstate money to
plan an addition to Ferguson Hall and
to plan the next phase of the
recreation sports facility.
In addition to the purpose stated in
Laws 1987, chapter 400, section 20,
subdivision 8, clause (a), the regents
are authorized to use the appropriation
to construct an attached greenhouse.
Sec. 6. EDUCATION
Subdivision 1. To the commissioner of
administration for the purposes specified in
this section 2,703,000
Subd. 2. Minnesota State Academy for
the Blind and Deaf - Faribault
(a) Rewire Rodman Service Building and
Tate Hall 318,000
(b) Abate asbestos 135,000
Subd. 3. Minnesota School and Resource
Center for the Arts - St. Paul
Demolish buildings on the art school site 250,000
Subd. 4. Desegregation Grants 2,000,000
This appropriation is for desegregation
grants to school districts under the
desegregation capital improvement grant
act according to Minnesota Statutes,
sections 129B.71 to 129B.73.
Sec. 7. HUMAN SERVICES
To the commissioner
of administration for the purposes
specified in this section 11,751,000
(a) Plan and construct eight state-operated
community service facilities, to be
owned by the state 2,640,000
(b) Upgrade or install heating, ventilating,
and air conditioning equipment in state-owned
residential and program buildings 4,200,000
This appropriation is for Anoka,
Brainerd, Cambridge, Faribault, Fergus
Falls, Moose Lake, St. Peter, and
Willmar regional treatment centers, and
for Ah-Gwah-Ching and Oak Terrace state
nursing homes. The commissioner of
human services shall determine the
priority for each project.
$150,000 is for the state board for
community colleges and the commissioner
of human services to jointly study the
feasibility of converting buildings at
the Cambridge regional treatment center
for use by the Cambridge community
college center. The study must be
submitted to the chairs of the senate
finance committee and house
appropriations committee for their
advisory recommendations. Following
receipt of the recommendations, the
state board and the commissioner shall
prepare a preliminary plan for the
conversion and submit it to the
legislature by January 1, 1990. The
plan must include a timetable for the
transfer and for any construction,
remodeling, or repairs required to make
the facilities ready for use by the
college center. It must also include
the estimated costs of the facility
improvements required to convert the
buildings to college use.
(c) Prepare working drawings to renovate
and reconstruct Anoka, Cambridge, Moose
Lake, and Fergus Falls regional treatment
centers, and evaluate the need for
additional security and nursing home beds
in the metropolitan area 1,228,000
(d) Remodel residential buildings at
regional treatment centers to meet standards
for skilled nursing facilities 3,000,000
This appropriation is to remodel and
plan to remodel buildings at Brainerd
and Fergus Falls and to plan to remodel
buildings at Faribault and Moose Lake.
(e) Replace boilers and make related steam
system renovations at Ah-Gwah-Ching
State Nursing Home 683,000
Sec. 8. CORRECTIONS
Subdivision 1. To the commissioner of
administration for the purposes specified in
this section 2,600,000
Subd. 2. Minnesota Correctional
Facility -- Red Wing
Install and upgrade appropriate fire
and safety equipment on boilers #1 and #2 300,000
Subd. 3. Minnesota Correctional
Facility -- St. Cloud
Replace and reinsulate steam,
condensate, sewer, and water lines in
utility tunnels 1,100,000
Subd. 4. Minnesota Correctional
Facility -- Shakopee
Demolish old Shakopee correctional
facility 250,000
Subd. 5. Minnesota Correctional
Facility -- Stillwater
Complete various projects required to
comply with OSHA regulations 350,000
Subd. 6. Systemwide
Repair roofs at various state
correctional facilities 600,000
Sec. 9. HEALTH
To the commissioner of administration
for the purposes specified in this
section 390,000
(a) Conduct evaluation of public health
laboratories ventilation system and make
structural changes necessary for adequate
ventilation 260,000
(b) Conduct long-range space utilization
study of the laboratories at the present
health building focusing on safety and
changing laboratory technologies 130,000
Sec. 10. VETERANS HOMES BOARD
Subdivision 1. To the commissioner of
administration for the purpose specified in
this section.
Subd. 2. Minnesota Veterans Home --
Minneapolis
Demolish Building 5 165,000
Sec. 11. JOBS AND TRAINING
Acquire site and building in Minneapolis
for department offices 1,000,000
Sec. 12. BOARD OF WATER AND
SOIL RESOURCES
To the board of water and soil
resources for the reinvest in Minnesota
resources program 1,500,000
This appropriation is from the reinvest
in Minnesota resources fund to acquire
conservation easements under Minnesota
Statutes, section 40.43, subdivision
3. The board shall give priority to
acquiring easements on cropland in
sensitive groundwater areas. The
approved complement of the board of
water and soil resources is increased
by one position to administer these
projects, to be paid from this
appropriation.
Sec. 13. MINNESOTA HISTORICAL SOCIETY
To the Minnesota historical society
for the purposes specified in this section 301,000
(a) Red Lake Tribal Information Center 165,000
This appropriation is to prepare
working drawings for a Red Lake Tribal
Information Center to be owned by the
state or a political subdivision.
(b) Red Wing Energy Park Archaeological Site 136,000
This appropriation is for a grant to
Goodhue county to acquire Lot 6, Block
2, Red Wing Energy Park, city of Red
Wing for historic preservation and
educational purposes. The property
consists of archaeological lands and
resources adjacent to the Cannon Valley
Trail and affords unique educational
opportunities.
Sec. 14. ADMINISTRATION
To the commissioner of
administration for the purposes
specified in this section 38,312,000
(a) Provide handicapped persons with
access to state buildings - statewide 29,000,000
$390,000 is for use by the state board
of vocational technical education.
$95,000 is for use by the state board
for community colleges.
$400,000 is for the regents of the
University of Minnesota.
$2,050,000 is for use by the
commissioner of administration.
No more than $2,935,000 of this
$29,000,000 may be spent before June
30, 1990.
The legislature declares its continuing
intent to make state-owned buildings
fully accessible to disabled persons by
June 30, 1993.
The commissioner of administration
shall update and review the 1984
accessibility survey for accuracy,
completeness, and currency; shall
prepare preliminary plans and
specifications to correct identified
deficiencies; shall prepare a report
and work plan, including schedules and
updated cost estimates for submission
to the legislature by February 15,
1990; and shall begin construction and
remodeling of buildings identified in
the report and work plan as having the
greatest need. In preparing the report
and work plan and any changes to it,
the commissioner shall consult with and
receive the recommendations and
priorities of the council on people
with disabilities. The commissioner of
administration shall submit by each
February 15 a progress report to the
chair of the senate committee on
finance and the house committee on
appropriations on the status of the
construction and remodeling of state
buildings paid for out of this
appropriation.
The commissioner of administration
shall apply for the maximum federal
share for each capital improvement
project for which money is appropriated
in this item.
The commissioner of finance shall
schedule the sale of state general
obligation bonds so that during fiscal
years 1990 and 1991 no more than
$811,000 will need to be transferred
from the general fund to the state bond
fund to pay principal and interest
expenses resulting from the expenditure
of $2,935,000 appropriated in this
item. Additional amounts may be
transferred for debt service related to
this item only as specifically
authorized by law.
(b) Remove or encapsulate asbestos in
state buildings - statewide 1,500,000
(c) Remodel State Capitol 3,000,000
The commissioner of administration must
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 or refusal to make a
recommendation is deemed a negative
recommendation.
$400,000 of this appropriation is from
the general fund to the senate for
relocation and other expenses related
to remodeling senate space.
(d) Restore State Capitol 575,000
This appropriation is to replace
interior downspouts and replace the
northwest plaza.
(e) Relocate state agencies 1,160,000
This appropriation is from the general
fund to relocate state agencies to the
Judicial Center and move the department
of commerce.
(f) Renovate house space in state capitol 2,200,000
This appropriation for the remodeling
of the house space, including the house
chamber. Any plans developed for the
project shall include design
requirements for an automated chamber.
(g) Minnesota Public Radio 393,000
This appropriation is from the general
fund for equipment grants to Minnesota
Public Radio for its Appleton, Thief
River Falls, and central Minnesota
stations.
(h) Select site and plan for new
agriculture department building 420,000
This appropriation is to the
commissioner of administration to plan,
select a site, and prepare schematic
plans for a new agriculture department
building. In the planning and site
selection process, the commissioner
shall give priority to a building site
within or in close proximity to the
University of Minnesota St. Paul
campus. Before preparing the schematic
plans, the commissioner shall report to
the legislature by February 15, 1990,
with a recommendation for a new
location for the state department of
agriculture. The report must include a
recommended site, cost, and timetable
for implementing the recommendations.
(i) Interest on arbitration award for
remodeling State Office Building 64,000
This appropriation is to pay to the
parties receiving a portion of the
arbitrator's award for remodeling the
state office building, other than the
prime contractor, an amount to make up
the difference between the interest
paid on the award, which was at a rate
of eight percent a year, and the
average interest rate paid by them on
money borrowed to provide them with
operating capital pending receipt of
the arbitrator's award, assumed to be
11.1 percent.
Sec. 15. CAPITOL AREA ARCHITECTURAL
AND PLANNING BOARD
Plan for office building 450,000
This appropriation is for the site
selection work to select a site in the
capitol area for the construction of
future state office buildings to house
executive branch agencies and for the
design competition necessary for one
office building in the capitol area for
housing executive branch agencies.
Sec. 16. NATURAL RESOURCES
Subdivision 1. To the commissioner
of natural resources for the purposes
specified in this section 6,857,000
Subd. 2. Reinvest in Minnesota 3,500,000
This appropriation is from the reinvest
in Minnesota resources fund for fish
and wildlife land acquisition and
development.
$1,000,000 of this appropriation is for
transfer to the private sector critical
habitat matching account under
Minnesota Statutes, section 84.943.
Subd. 3. Other Programs
(a) Acquire and develop trails 1,200,000
Included in this appropriation is money
to appraise the Paul Bunyan trail,
engineer and begin development of the
Soo Line trail, and acquire land for
the Red River, Minnesota Valley, and
Heartland state trails.
(b) Water Bank Program under Minnesota
Statutes, section 105.392 600,000
(c) Flood damage reduction and prevention under
Minnesota Statutes, section 104.11 1,032,000
(d) Construct hazardous chemical storage
buildings at six regional headquarters
and restore Hibbing airport apron 525,000
Sec. 17. POLLUTION CONTROL AGENCY
To the pollution control agency for
the purposes specified in this section 10,125,000
(a) Combined sewer overflow grants 6,750,000
(b) State match to federal grants for
construction of wastewater treatment
facilities 2,500,000
Any money remaining after all grants
have been awarded under this section
may be used for the award of grants
under Minnesota Statutes, section
116.18, subdivision 3a. The pollution
control agency may transfer
appropriations to the public facilities
authority to accomplish this purpose.
(c) Grant administration 875,000
This appropriation is for 23
administrative positions that are
directly related to the construction of
these projects.
Sec. 18. PUBLIC FACILITIES AUTHORITY
To the public facilities authority for
the purposes specified in this section 12,700,000
(a) State Independent Grants Program 8,000,000
For fiscal year 1990, money
appropriated for the state independent
grants program is not subject to
Minnesota Statutes, section 116.18,
subdivision 3a, paragraph (b), or
section 116.181.
$2,000,000 is for new grants for
reimbursement or new projects under
Minnesota Statutes, section 116.18,
subdivision 3a, paragraph (c). This
appropriation is not available to
communities that are eligible for
federal grants and must be divided pro
rata among the communities in amounts
not to exceed their eligible grants.
$3,000,000 is for continuation grants
under Minnesota Statutes, section
116.18, subdivision 3a, paragraphs (a)
and (b). A continuation grant must not
exceed $654,900 to a grantee.
$3,000,000 of this appropriation is for
grant adjustments to those
municipalities identified in Minnesota
Statutes, section 116.18, subdivision
3d. A supplemental grant must not
exceed two and one-half percent of the
total eligible costs of construction.
A municipality is eligible for this
grant increase if it meets the
requirements of Minnesota Statutes,
section 116.18, subdivision 3d.
The public facilities authority may
transfer appropriations to the
pollution control agency to address
insufficient state match to federal
grants under Minnesota Statutes,
section 116.18, subdivision 2a.
(b) State match to federal grants to
capitalize the state water pollution
control revolving fund 4,700,000
Any money in excess of the amount
needed for the 20 percent state match
to the federal grant may be used for
grants under Minnesota Statutes,
section 116.18, subdivision 3a,
paragraph (a) or (c).
Sec. 19. TRADE AND ECONOMIC DEVELOPMENT
To the commissioner of trade and
economic development for the purposes
specified in this section 6,780,000
(a) Dredge upper harbor area of Duluth
Harbor 6,100,000
This appropriation is for payment of a
grant to the seaway port authority of
Duluth and is available only after the
commissioner of trade and economic
development has determined that it will
be matched by at least $7,100,000 of
federal money and $2,850,000 of private
investment.
(b) National shooting sports center 400,000
This appropriation is for the planning
for the construction of a national
shooting sports center to be located at
Giant's Ridge in Biwabik.
(c) Kayaking center 280,000
This appropriation is for a grant to
Carlton county for the planning and
construction of facilities for the
kayaking center at Carlton.
Sec. 20. MILITARY AFFAIRS
To the adjutant general for the purpose
specified in this section.
Remove asbestos from national guard
facilities statewide and correct code
violations at building U-1 at Camp
Ripley 400,000
The appropriation for building U-1 is
only available upon demonstration to
the commissioner of finance that
federal money is available for this
project.
Sec. 21. BOND SALE EXPENSES
To the commissioner of finance
for bond sale expenses under Minnesota
Statutes, section 16A.641, subdivision 8 119,000
Sec. 22. DEBT SERVICE
The commissioner of finance shall
schedule the sale of state general
obligation bonds so that, during the
biennium ending June 30, 1991, no more
than $369,000,000 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. 23. [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 $142,585,000 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.
Subd. 2. [REINVEST IN MINNESOTA FUND.] To provide the
money appropriated in this act from the reinvest in Minnesota
resources fund the commissioner of finance on request of the
governor shall sell and issue bonds of the state in an amount up
to $5,000,000 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.
Sec. 24. Minnesota Statutes 1988, section 16A.69, is
amended to read:
16A.69 [APPROPRIATIONS INTO SINGLE PROJECT ACCOUNT.]
Subdivision 1. [APPROPRIATIONS INTO SINGLE PROJECT
ACCOUNT.] The commissioner shall place the money from two or
more appropriations for the same or related projects in one
account if all the appropriations do not lapse until their
purposes are accomplished or abandoned. The commissioner of
administration shall first certify which accounts are involved
to the commissioner.
Subd. 2. [TRANSFER BETWEEN ACCOUNTS.] Upon the awarding of
final contracts for the completion of a project for construction
or other permanent improvement, or upon the abandonment of the
project, the agency to whom the appropriation was made may
transfer the unencumbered balance in the project account to
another project enumerated in the same section of that
appropriation act. 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 agency proposing a transfer shall report to
the chair of the senate finance committee and the chair of the
house appropriations committee before the transfer is made under
this subdivision.
Sec. 25. Minnesota Statutes 1988, section 16B.31,
subdivision 3, is amended to read:
Subd. 3. [FEDERAL AID.] (a) [APPLICATION FOR AID.] The
commissioner, or any other agency to whom an appropriation is
made for a capital improvement, shall apply for the maximum
federal share for each project.
(b) [ACCEPTANCE OF AID.] The commissioner is the state
agency empowered to accept money provided for or made available
to this state by the United States of America or any federal
department or agency for the construction and equipping of any
building for state purposes not otherwise provided for by law,
other than University of Minnesota buildings, in accordance with
the provisions of federal law and any rules or regulations
promulgated under federal law. The commissioner may do whatever
is required of this state by federal law, rules, and regulations
in order to obtain the federal money.
(b) (c) [FEDERAL FUNDS CONSIDERED PART OF APPROPRIATION.]
The commissioner may after consultation with the chairs of the
senate finance committee and house of representatives
appropriations committee, adopt a plan, provide for an
improvement, or construct a building that contemplates
expenditure for its completion of more money than the
appropriation for it, if the excess money is provided by the
United States government and granted to the state of Minnesota
under federal law or any rule or regulation promulgated under
federal law. This federal money, for the purpose of this
section, is a part of the appropriation for the project.
(c) (d) [DELAYED FEDERAL MONEY.] If an amount is payable to
a creditor of the state from a project account which is financed
partly with federal money and the project is included in
appropriations made to the commissioner for public buildings and
equipment, and the amount cannot be paid on time because of a
deficiency of money in the project account caused by a delay in
the receipt of federal money, the commissioner may provide money
needed to pay the amount by temporarily transferring the sum to
the project account from any other appropriation made to the
commissioner in the same act. Required money for a payment is
appropriated for that purpose. When the delayed federal money
is received, the commissioner shall have the amount of money
transferred returned to the account from which it came.
Sec. 26. Minnesota Statutes 1988, section 16B.31, is
amended by adding a subdivision to read:
Subd. 5. [METHODS OF ACQUISITION.] If money has been
appropriated to the commissioner 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 chapter 117.
Sec. 27. [16B.335] [REVIEW OF PLANS AND PROJECTS.]
Subdivision 1. [CONSTRUCTION AND MAJOR REMODELING.] The
commissioner, or any other agency to whom an appropriation is
made to acquire or better public lands or buildings or other
public improvements of a capital nature, must not prepare final
plans and specifications for any construction, major remodeling,
or land acquisition authorized by the appropriation until the
agency that will use the project has presented the program plan
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. "Construction or major remodeling"
means construction of a new building or substantial alteration
of the exterior dimensions or interior configuration of an
existing building. The presentation must note any significant
changes in the work that will be done, or in its cost, since the
appropriation for the project was enacted. The program plans
and estimates must be presented for review at least two weeks
before a recommendation is needed. The recommendations are
advisory only. Failure or refusal to make a recommendation is
considered a negative recommendation.
Subd. 2. [OTHER PROJECTS.] All other projects, including
building improvements, small structures at experiment stations,
asbestos removal, life safety, PCB removal, tuckpointing, roof
repair, code compliance, landscaping, drainage, electrical and
mechanical systems work, paving of streets, parking lots, and
the like must not proceed until the agency undertaking the
project has notified the chair of the senate finance committee
and the chair of the house appropriations committee that the
work is ready to begin.
Sec. 28. Minnesota Statutes 1988, section 116.18,
subdivision 3d, is amended to read:
Subd. 3d. [ADJUSTMENTS TO MATCHING GRANTS AND STATE
INDEPENDENT GRANTS.] A municipality with a population of 25,000
or less that was tendered a state matching grant under
subdivision 2a, or a state independent grant under subdivision
3a, or a federal grant under the federal Water Pollution Control
Act, United States Code, title 33, sections 1281 to 1299, from
October 1, 1984, through September 30, 1987, shall, after the
municipality has awarded bids for construction of the treatment
works, and upon request, receive a grant increase of five 2.5
percent of the total eligible costs of construction, up to the
maximum entitlement for grants awarded on or after October 1,
1987, under subdivisions 2a and 3a. The municipality must
inform other entities that are providing funding for
construction of the treatment works of the grant increase, and
repay any funds to which it is not entitled. A municipality
must not receive funding for more than 100 percent of the total
costs of the treatment works. Documentation of money received
from other sources must be submitted with the request for the
grant increase. Money remaining after all grants have been
awarded under this subdivision may be used for the award of
grants under subdivisions 2a and 3a. An adjustment grant
awarded after July 1, 1989, that is a continuation of a
previously awarded adjustment grant must be awarded through a
letter from the agency to the municipality stating the grant
amount. A formal grant agreement is not required.
Sec. 29. Minnesota Statutes 1988, section 136.03, is
amended to read:
136.03 [MANAGEMENT OF STATE UNIVERSITIES.]
Subdivision 1. [MANAGEMENT.] The state universities shall
be under the management, jurisdiction, and control of the state
university board; and it shall have and possess all of the
powers, jurisdiction, and authority, and shall perform all of
the duties by them possessed and performed on and prior to April
1, 1901, except as hereinafter stated. Notwithstanding the
provisions of sections 136.01, 136.015, and 136.017, the state
university board, as it deems necessary, may close state
universities under its jurisdiction. Prior to closing a state
university the board shall hold a public hearing on the issue in
the area which would be affected by the closing. At the hearing
affected persons shall have an opportunity to present
testimony. The hearing shall be conducted by the office of
administrative hearings. The administrative law judge shall
prepare a summary of testimony received at the hearing for the
board. The board shall give notice of this hearing by
publishing notice in the State Register and in a newspaper of
general circulation in the affected area at least 30 days before
the scheduled hearing.
Subd. 2. [METHODS OF ACQUISITION.] If money has been
appropriated to the state university board 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 chapter 117.
Sec. 30. Minnesota Statutes 1988, section 136.65, is
amended by adding a subdivision to read:
Subd. 3. [METHODS OF ACQUISITION.] If money has been
appropriated to the community college board 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 chapter 117.
Sec. 31. Minnesota Statutes 1988, section 137.02, is
amended by adding a subdivision to read:
Subd. 3a. [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. 32. Minnesota Statutes 1988, section 268.027, is
amended to read:
268.027 [DEPARTMENT OF JOBS AND TRAINING; MINNEAPOLIS
LOCATION; RIGHT OF EMINENT DOMAIN.]
Notwithstanding sections 16B.24 and 268.026 or chapter 94,
the commissioner of administration, in consultation with the
commissioner of jobs and training, is authorized to buy and sell
real property in Minneapolis and the greater Minneapolis area
for the purpose of relocating department offices to locations
more accessible to the residents of Minneapolis and colocating
with other social service agencies.
Property acquired under authority of this section may be
acquired by gift, purchase, or condemnation proceedings.
Condemnation proceedings must be done under chapter 117.
Condemnation proceedings authorized by this section may be used
to acquire property at only one proposed office site.
Sec. 33. Laws 1979, chapter 280, section 1, is amended to
read:
Section 1. [STATE TRANSPORTATION BONDS; ISSUANCE AND
SALE.] The commissioner of finance shall, upon the request of
the commissioner of transportation, issue and sell Minnesota
state transportation bonds for the purposes provided in
Minnesota Statutes, Section 174.51, Subdivision 1, in the
aggregate principal amount of $52,000,000 $60,000,000 in the
manner and upon the conditions prescribed in Minnesota Statutes,
Section 174.51 and in Article XI of the Minnesota Constitution.
The proceeds of the bonds, except as provided in Minnesota
Statutes, Section 174.51, Subdivision 5, shall be deposited in
the Minnesota state transportation fund for expenditure in
accordance with section 2, subdivisions 2 and 3, and Minnesota
Statutes, Section 174.50.
Sec. 34. Laws 1979, chapter 280, section 2, as amended by
Laws 1982, chapter 617, section 25, Laws 1985, chapter 299,
section 39, and Laws 1985, First Special Session, chapter 16,
article 2, section 16, is amended to read:
Sec. 2. [APPROPRIATION.] Subdivision 1.
$52,000,000 $60,000,000, or so much thereof as is determined to
be needed, is appropriated from the Minnesota state
transportation fund to the department of transportation to be
expended for disbursement in the form of grants by the
commissioner of transportation for construction and
reconstruction of key bridges on the state transportation system
and shall be allocated pursuant to subdivisions 2 and 3. The
appropriation shall not lapse, but shall remain available until
expended.
Subd. 2. $50,500,000 $58,500,000 or so much thereof as is
needed, is available for expenditure at a rate not exceeding
$12,500,000 per fiscal year for grants to political subdivisions
for construction and reconstruction of key bridges on highways,
streets and roads under their jurisdiction. The grants shall
not exceed the following aggregate amounts:
(1) To counties.... $11,500,000 $16,220,000
(2) To home rule charter and statutory cities....
$1,500,000 $2,620,000
(3) To towns.... $21,000,000 $23,160,000
Grants under clauses (1) to (3) may be used by political
subdivisions to match federal-aid grants for construction and
reconstruction of key bridges under their jurisdictions.
Additional grants may be made in an aggregate amount not to
exceed $16,500,000 to the political subdivisions to match
federal-aid grants for construction and reconstruction of key
bridges under their jurisdiction. Appropriations made in
subdivisions 1, 2, or 3 may also be used for the following
purposes:
(1) The costs of abandoning an existing bridge that is
deficient and is in need of replacement, but where no
replacement will be made.
(2) The costs of constructing a road or street that would
facilitate the abandonment of an existing bridge determined to
be deficient. The construction of the road or street must be
judged to be more cost efficient than the reconstruction or
replacement of the existing bridge.
Subd. 3. An additional amount not to exceed $1,500,000 is
available for grants for preliminary engineering and
environmental studies pursuant to section 3.
Sec. 35. [BOND SALE REDUCTIONS.]
The bond sale authorization in Laws 1981, chapter 334,
section 12, is reduced by $37,880,000.
Sec. 36. [EFFECTIVE DATE.]
This article is effective the day after its final enactment.
ARTICLE 2
ELEMENTARY AND SECONDARY EDUCATION
Section 1. Minnesota Statutes 1988, section 124.477, is
amended to read:
124.477 [BOND ISSUE; MAXIMUM EFFORT SCHOOL LOANS; 1988.]
To provide money to be loaned to school districts as
agencies and political subdivisions of the state to acquire and
to better public land and buildings and other public
improvements of a capital nature, in the manner provided by the
maximum effort school aid law, the commissioner of finance shall
issue and sell school loan bonds of the state of Minnesota in
the maximum amount of $20,000,000 $22,000,000, in addition to
the bonds already authorized for this purpose. The same amount
is appropriated to the maximum effort school loan fund and must
be spent under the direction of the commissioner of education to
make debt service loans and capital loans to school districts as
provided in sections 124.36 to 124.47. The bonds must be issued
and sold and provision for their payment must be made according
to section 124.46. Enough money to pay interest on the bonds to
and including July 1 in the second year after the date of issue
must be credited from the bond proceeds to the school loan bond
account in the state bond fund. Expenses incidental to the
sale, printing, execution, and delivery of the bonds, including,
but without limitation, actual and necessary travel and
subsistence expenses of state officers and employees for those
purposes, must be paid from the maximum effort school loan fund,
and the money necessary for the expenses is appropriated from
that fund.
Sec. 2. Minnesota Statutes 1988, section 124.494,
subdivision 1, is amended to read:
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 not to
exceed the lesser of $6,000,000 or 75 percent of the approved
construction costs of a cooperative secondary education facility.
Sec. 3. Minnesota Statutes 1988, section 124.494,
subdivision 2, is amended to read:
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 12 enrollments in each district of no more than 1,000
1,200 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, including the
offering of advanced placement courses, 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.
Sec. 4. Minnesota Statutes 1988, section 124.494,
subdivision 4, is amended to read:
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 July 1 of
1988 1989, the commissioner shall make awards to no more than
two qualified applicants whose applications have been on file
with the commissioner more than one month. A grant award is
subject to verification by the joint powers districts as
specified in subdivision 6. A grant award must not be made
until the site of the secondary facility has been determined.
If the total amount of the approved applications exceeds the
amount that is or can be made available, the commissioner shall
allot the available amount equally between the approved
applicant districts. The commissioner shall promptly certify to
each qualified joint powers district the amount, if any, of the
grant awarded to it.
Sec. 5. Minnesota Statutes 1988, section 124.495, is
amended to read:
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 $16,000,000 $14,000,000 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. 6. Minnesota Statutes 1988, section 129B.72,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION FORMS; RULES.] The commissioner of
education shall prepare application forms and establish
application dates. The state board of education shall adopt
rules under chapter 14 to govern the application process set out
in section 129B.73.
Sec. 7. Minnesota Statutes 1988, section 129B.72, is
amended by adding a subdivision to read:
Subd. 3. [CRITERIA.] A district applying for a grant under
this section must match with local district funds to be used for
construction, enlarging, or modifying school buildings. The
commissioner of education must determine that the costs are
directly related to reducing or eliminating racial imbalance and
are part of an approved desegregation plan. The district must
also certify that the district has sought all available federal
funds before submitting a grant application.
Sec. 8. Minnesota Statutes 1988, section 129B.73,
subdivision 4, is amended to read:
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, and
the district does not have other funds available, the grant must
be canceled.
Sec. 9. Minnesota Statutes 1988, section 129B.73, is
amended by adding a subdivision to read:
Subd. 5. [PROJECT BUDGET.] A district that receives a
grant must provide the commissioner with the project budget and
any other information the commissioner requests.
Sec. 10. [129B.76] [ISSUANCE AND SALE OF BONDS.]
To provide money for grants under the desegregation capital
improvement grant act, 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 $2,000,000 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. 11. [CAPITAL LOAN; FOLEY AND OGILVIE SCHOOL
DISTRICTS.]
Subdivision 1. [FOLEY SCHOOL DISTRICT.] A capital loan in
an amount not to exceed $4,853,000 to independent school
district No. 51, Foley, is approved.
Subd. 2. [OGILVIE SCHOOL DISTRICT.] A capital loan in an
amount not to exceed $11,341,048 to independent school district
No. 333, Ogilvie, is approved. Notwithstanding Minnesota
Statutes, section 124.43, subdivision 3a, if the aggregate
amount of the capital loans approved exceeds the amount that is
or can be made available, the commissioner of education shall
reduce the amount allotted to independent school district No.
333, Ogilvie, by the amount of the deficit, rather than pro
rating the deficit between Ogilvie and Foley.
Sec. 12. [MAXIMUM EFFORT SCHOOL LOAN AND COOPERATIVE
SECONDARY FACILITIES STUDY.]
The commissioner of education shall evaluate the
effectiveness of the maximum effort school loan program and the
cooperative secondary facilities capital grant program, both
individually and as they compare to each other, and recommend
changes in one or both programs, if appropriate, in a report
that must be submitted to the legislature by January 1, 1990.
Sec. 13. [REPEALER.]
Laws 1987, chapter 400, section 59, as amended by Laws
1988, chapter 718, article 8, section 22, is repealed. The
sections repealed by Laws 1987, chapter 400, section 59, as
amended by Laws 1988, chapter 718, article 8, section 22, remain
effective.
Sec. 14. [EFFECTIVE DATE.]
This article is effective the day after its final enactment.
ARTICLE 3
DEFICIENCY APPROPRIATIONS
Section 1. [APPROPRIATIONS.]
The sums shown in the column marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this article, to
be available for the fiscal year ending June 30, 1989.
SUMMARY BY FUND
General $2,849,000
Game and Fish 260,000
Special Revenue 642,000
TOTAL $3,751,000
APPROPRIATIONS
Available for the Year
Ending June 30, 1989
Sec. 2. EDUCATION AIDS
Department of Education
Education Aids Law Litigation $ 116,000
This appropriation is added to the
appropriation in Laws 1987, chapter
398, article 10, section 2, subdivision
3.
Sec. 3. HEALTH AND HUMAN SERVICES
Subdivision 1. Human Services
Residents of Institutions for Mental
Disease 957,000
This appropriation is to pay the cost
of Minnesota supplemental assistance
and general assistance medical care to
replace medical assistance formerly
provided to residents of institutions
for mental disease and is added to the
appropriation in Laws 1987, chapter
403, article 1, section 2, subdivision
6.
Notwithstanding any other law to the
contrary, and with the approval of the
commissioner of finance, the
commissioner of human services may
transfer any unencumbered funds from
any department account, except the
income maintenance entitlement
accounts, to the regional treatment
salary account during fiscal year
1989. Any such funds moved must be
identified to the chair of the senate
finance subcommittee on health and
human services and the house
appropriations division on health and
human services.
Subd. 2. Health-Related Boards
The appropriations in this subdivision
are from the special revenue fund and
are added to the appropriations in Laws
1987, chapter 403, article 1, section
10.
(a) Board of Optometry 4,000
(b) Board of Podiatry 16,000
(c) Board of Pharmacy 10,000
(d) Board of Psychology 6,000
(e) Board of Veterinary Medicine 6,000
Sec. 4. AGRICULTURE, TRANSPORTATION,
SEMI-STATE ACTIVITIES
Subdivision 1. Public Safety
Disaster Relief 212,000
This appropriation is added to the
appropriation in Laws 1987, chapter
358, section 5, subdivision 3.
Subd. 2. Agriculture
(a) Laboratory Equipment to Test for
Aflatoxin 75,000
This appropriation is added to the
appropriation in Laws 1987, chapter
358, section 7, subdivision 2.
(b) Costs of Testing for the Varroa Mite 52,000
This appropriation is added to the
appropriation in Laws 1987, chapter
358, section 7, subdivision 2.
(c) Haylift 100,000
This appropriation is for another
haylift to help farmers who are short
of hay to feed their livestock.
Sec. 5. STATE DEPARTMENTS
Subdivision 1. Court of Appeals
Disability Retirement 78,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 4.
Subd. 2. Trial Courts
Workers Compensation 146,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 5.
Subd. 3. Board of Public Defense
Trial Transcripts 160,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 7.
Subd. 4. Attorney General
(a) Education Aids Law Litigation 61,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 13, subdivision 4.
(b) LTV and Reserve Bankruptcy Litigation 75,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 13, subdivision 5.
Subd. 5. Secretary of State
The reimbursement to the general fund
of $500,000 required by Laws 1987,
chapter 356, section 5, subdivision 2,
is reduced to $200,000.
Subd. 6. Administration
Volunteer Services 70,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 16, subdivision 2.
Subd. 7. Finance
(a) Biennial Budget System 150,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 18, subdivision 4.
(b) College Savings Bonds 22,000
Subd. 8. Employee Relations
Applicant Processing System 40,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 31, subdivision 4.
Subd. 9. Natural Resources
(a) Drought Emergency 201,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 22, subdivisions 3 and 8.
(b) Park Operations 600,000
This appropriation is from the state
park maintenance and operation account
in the special revenue fund and is
added to the appropriation in Laws
1987, chapter 404, section 22,
subdivision 5.
(c) Deer Feeding 260,000
This appropriation is from the game and
fish fund and is added to the
appropriation in Laws 1987, chapter
404, section 22, subdivision 7.
Subd. 10. Pollution Control Agency
Waste Management Board Audit 279,000
This appropriation is for transfer to
the siting bond account in the state
building fund to reimburse the account
for routine operating expenses of the
waste management board inappropriately
charged to the bond account.
Subd. 11. Veterans Affairs
Veterans Relief 55,000
This appropriation is added to the
appropriation in Laws 1987, chapter
404, section 36, subdivision 2.
Sec. 6. Minnesota Statutes 1988, section 148B.40,
subdivision 3, is amended to read:
Subd. 3. [MENTAL HEALTH SERVICE PROVIDER.] "Mental health
service provider" or "provider" means any person who provides,
for a remuneration, mental health services as defined in
subdivision 4. It does not include persons licensed by the
board of medical examiners under chapter 147; the board of
nursing under sections 148.171 to 148.285; or the board of
psychology under sections 148.88 to 148.98; the board of social
work under sections 148B.18 to 148B.28; the board of marriage
and family therapy under sections 148B.29 to 148B.39; or another
licensing board if the person is practicing within the scope of
the license. In addition, the term does not include employees
of the state of Minnesota or any of its political subdivisions
while acting within the scope of their public employment;
hospital and nursing home social workers exempt from licensure
by the board of social work under section 148B.28, subdivision
6, including hospital and nursing home social workers acting as
marriage and family counselors within the scope of their
employment by the hospital or nursing home; and persons
certified as chemical dependency professionals by the Institute
for Chemical Dependency Professionals of Minnesota, Inc.
Sec. 7. Minnesota Statutes 1988, section 148B.42, is
amended by adding a subdivision to read:
Subd. 6. [FILING FEE.] The fee for filing as an unlicensed
mental health service provider is $50 until permanent rules
establishing fees for filing under this section are in effect.
Sec. 8. [TEMPORARY PROVISIONS RELATING TO INSTITUTIONS FOR
MENTAL DISEASES.]
Subdivision 1. [ELIGIBILITY FOR GENERAL ASSISTANCE MEDICAL
CARE AND MINNESOTA SUPPLEMENTAL AID.] For the period beginning
January 1, 1989, and ending June 30, 1989, general assistance
medical care and Minnesota supplemental aid may be paid for any
person who is over age 18 and would be eligible for medical
assistance except that the person resides in a facility that is
determined by the commissioner of human services or the federal
health care financing administration to be an institution for
mental diseases.
Subd. 2. [COVERED SERVICES.] For the period beginning
January 1, 1989, and ending June 30, 1989, reimbursement under
general assistance medical care includes, in addition to
services covered under Minnesota Statutes 1988, section 256D.03,
subdivision 4, the following services for a person who would be
eligible for medical assistance except that the person resides
in a facility that is determined by the commissioner of human
services or the federal health care financing administration to
be an institution for mental diseases:
(1) case management services for a person with serious and
persistent mental illness;
(2) medical supplies and equipment; and
(3) psychological services.
Subd. 3. [EXCEPTION TO RESIDENTIAL FACILITY LIMITS.] For
the period beginning January 1, 1989, and ending June 30, 1989,
a residential facility certified to participate in the medical
assistance program, licensed as a boarding care home or nursing
home, and determined by the commissioner of human services or
the federal health care financing administration to be an
institution for mental diseases is exempt from the maximum
negotiated rate in Minnesota Statutes, section 256D.37. The
rate for eligible individuals residing in these facilities is
the individual's medical assistance rate using the individual's
assigned case mix classification. Counties must be reimbursed
for payments made between January 1, 1989, and June 30, 1989, to
certified nursing homes and boarding care homes declared
institutions for mental diseases by January 1, 1989, on behalf
of persons otherwise eligible for medical assistance. The
reimbursement must not exceed the state share of supplemental
aid funds expended for each person at the appropriate medical
assistance rate.
Sec. 9. [EFFECTIVE DATE.]
This article is effective the day after its final enactment.
Presented to the governor May 30, 1989
Signed by the governor May 30, 1989, 11:40 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes