Office of the Revisor of Statutes
Minnesota Session Laws - 1992, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992
CHAPTER 558-H.F.No. 1903
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 bonds; authorizing assessments for debt service;
appropriating money, with certain conditions; amending
Minnesota Statutes 1990, sections 16B.24, subdivision
2; 16B.30; 16B.31, subdivision 1; and 136C.05,
subdivision 5; Minnesota Statutes 1991 Supplement,
sections 124.479; proposing coding for new law in
Minnesota Statutes, chapters 16A; and 136; repealing
Minnesota Statutes 1990, sections 136.03, subdivision
2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. CAPITAL IMPROVEMENTS APPROPRIATIONS
The sums in the column under "APPROPRIATIONS" are
appropriated from the bond proceeds fund, or another named fund,
to the state agencies or officials 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 COLLEGES $ 12,907,000
COMMUNITY COLLEGES 14,630,000
STATE UNIVERSITIES 12,870,000
UNIVERSITY OF MINNESOTA 61,900,000
K-12 EDUCATION 25,836,000
HUMAN SERVICES 24,105,000
CORRECTIONS 15,382,000
JOBS AND TRAINING 2,000,000
HOUSING FINANCE AGENCY 3,000,000
ADMINISTRATION 26,396,000
MILITARY AFFAIRS 2,400,000
TRADE AND ECONOMIC DEVELOPMENT 4,550,000
PUBLIC FACILITIES AUTHORITY 7,500,000
SCIENCE MUSEUM OF MINNESOTA 200,000
NATURAL RESOURCES 11,682,000
BOARD OF WATER AND SOIL RESOURCES 1,250,000
AGRICULTURE 365,000
POLLUTION CONTROL AGENCY 13,050,000
OFFICE OF WASTE MANAGEMENT 2,000,000
MINNESOTA ZOOLOGICAL GARDEN 1,820,000
HISTORICAL SOCIETY 2,375,000
TRANSPORTATION 28,849,000
BOND SALE EXPENSES 260,000
CANCELLATIONS (327,000)
TOTAL $275,000,000
Bond Proceeds Fund 231,695,000
General Fund 1,889,000
Maximum Effort School Loan Fund 12,130,000
State Airports Fund 2,000,000
Trunk Highway Fund 10,113,000
Transportation Fund 17,500,000
APPROPRIATIONS
$
Sec. 2. TECHNICAL COLLEGES
Subdivision 1. To the state board of
technical colleges for the purposes
specified in this section. 12,907,000
Notwithstanding Minnesota Statutes,
section 475.61, subdivision 4, the
state board of technical colleges may
approve a request by a local school
board to use any unobligated balance in
the technical college debt redemption
fund to pay the district's share of
construction projects authorized in
this section.
In contracting for projects funded in
this section, the state board must not
restrict its access to litigation or
limit its methods of redress to
arbitration or other nonjudicial
procedures.
Notwithstanding Minnesota Statutes,
section 136C.44, during the biennium
the state board of technical colleges
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 college
buildings, structures, and improvements
provided for in this section.
During the biennium, the state 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.
Until June 30, 1994, the state board of
technical colleges may acquire lands or
sites for public buildings or real
estate by gift, purchase, or
condemnation proceedings. Condemnation
proceedings must be under Minnesota
Statutes, chapter 117.
During the biennium, the state board
may delegate the authority provided in
this section to the campus president
for repair and replacement projects
with a total cost of less than $50,000,
if the state board determines that the
projects can be efficiently managed at
the campus level.
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 may delegate
responsibilities to technical college
staff.
Subd. 2. Repair and Betterment
(a) Systemwide Capital Improvements 4,700,000
This appropriation is for roof repair
and replacement, code compliance,
critically needed repair of buildings,
hazardous material and asbestos
abatement, parking lots, and handicap
access throughout the technical college
system. This appropriation includes up
to $70,000 to rehabilitate the existing
diesel shop at Willmar Technical
College.
(b) Minneapolis Technical College 5,700,000
This appropriation is for the
restoration of the exterior walls and
roof. The total cost of this project
must not exceed $6,706,000 whether paid
from state, local, or federal money.
Subd. 3. Brainerd Technical College 1,200,000
This appropriation is for working
drawings for the joint campus with
Brainerd Community College. The
technical college board must consult
with the community college board
throughout the project.
This appropriation may not be used to
relocate or replace athletic fields or
facilities. Costs associated with this
relocation or replacement must be paid
from local money.
The state board of technical colleges
may sell the current Brainerd Technical
College site to independent school
district No. 181, Brainerd, for the
appraised value of the property.
Subd. 4. Duluth Technical College 680,000
(a) This appropriation is for working
drawings to remodel and construct
classroom, lab, library, and child care
space. This project will accommodate
general education offered by the
community college system and technical
education offered by the technical
college system on a single site.
Duluth Technical College must consult
with the community college system
throughout the project. The total cost
of this project must not exceed
$800,000 whether paid from state,
local, or federal money.
(b) The state board shall supervise the
construction of an aircraft rescue
firefighting training center. The
total cost of the project shall be paid
from federal and local money.
Subd. 5. Red Wing Technical College 327,000
(a) The appropriation in Laws 1988,
chapter 703, article 2, section 2,
subdivision 2, paragraph (d), is
canceled.
(b) $327,000 is for remodeling to
consolidate the campuses.
Subd. 6. Northwest Minnesota Interactive
Television Project 300,000
This appropriation is from the general
fund.
Sec. 3. COMMUNITY COLLEGES
Subdivision 1. To the commissioner of
administration for the purposes specified
in this section. 14,630,000
During the biennium, the state board
for community colleges shall supervise
and control the making of necessary
repairs to all community college
buildings and structures.
In contracting for projects funded in
this section, the state board must not
restrict its access to litigation or
limit its methods of redress to
arbitration or other nonjudicial
procedures.
Subd. 2. Repair and Betterment
(a) Systemwide Capital Improvements 4,500,000
This appropriation is for code
compliance, critically needed repair of
buildings, roof replacement and repair,
hazardous material and asbestos
abatement, mechanical/electrical system
rehabilitation, parking lots, and
handicap access throughout the
community college system.
(b) North Hennepin Community College 2,980,000
This appropriation is to construct and
equip a new heating and cooling plant,
upgrade energy control systems, install
a dedicated fire suppression loop and
hydrants, and make traffic
modifications.
Subd. 3. Austin Community College 7,150,000
This appropriation is for the
construction and remodeling of a
learning resource center, offices,
campus center, classrooms, lab space,
fitness center, and mechanical systems
upgrade. This appropriation may be
supplemented with local money.
The community college board, in
consultation with the technical college
board, shall reexamine the proposed
location of the learning resources
center to determine a cost-effective
strategy to locate the center on a site
more readily accessible to both
campuses. Prior to construction, the
boards shall report their
recommendations to the chairs of the
house appropriations and senate finance
committees.
Sec. 4. STATE UNIVERSITY SYSTEM
Subdivision 1. To the state university
board for the purposes specified in
this section. 12,870,000
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 for which appropriations
are made to the board. 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.
In contracting for projects funded in
this section, the state board must not
restrict its access to litigation or
limit its methods of redress to
arbitration or other nonjudicial
procedures.
The state university board shall
supervise and control the making of
necessary repairs to all state
university buildings and structures.
Subd. 2. Repair and Betterment
(a) Systemwide Capital Improvements 4,500,000
This appropriation is for code
compliance, critically needed repair of
buildings, hazardous material and
asbestos abatement, parking lots, and
roof repair and replacement throughout
the state university system.
(b) Mankato State, Utility Tunnel 1,750,000
This appropriation is for upgrade and
extension of the campus utility system
tunnel, replacement of steam system
piping, electrical upgrade, and
asbestos abatement.
(c) Mankato State, Nelson Hall 670,000
This appropriation is for emergency
construction to repair fire damage.
(d) Moorhead State, Heating Plant 4,090,000
This appropriation is for
rehabilitation and capacity expansion
of the university heating plant.
Subd. 3. Bemidji State 100,000
This appropriation is for schematic
plans to remodel the library and
construct an addition.
Subd. 4. Metro State University 140,000
This appropriation is for schematic
plans to remodel buildings A and C.
Subd. 5. St. Cloud State 290,000
This appropriation is for schematic
plans to construct a new library.
Subd. 6. Winona State 870,000
This appropriation is for working
drawings for a new library and for
remodeling the existing library for
office and classroom use.
Subd. 7. Library Services
It is the intention of the legislature
that the regional services provided by
university libraries be recognized.
The state university board and the
board of regents cooperatively shall
study the patterns of library usage by
users not affiliated with the systems.
The boards also shall analyze how they
could equitably recover costs of
library usage by these users and
estimate potential revenues. The
boards shall use this information to
recommend an equitable formula for
their systems' share of debt service on
library facilities. The boards shall
report their recommendations to the
appropriations and finance committees
by July 1, 1993.
Subd. 8. Systemwide Land Acquisition 460,000
This appropriation is to continue to
acquire needed land adjacent to or in
the vicinity of Metropolitan State,
Moorhead State, and St. Cloud State
campuses. The state university board
may acquire land at St. Cloud State
University for improvement of a
recreation area.
Sec. 5. UNIVERSITY OF MINNESOTA 61,900,000
Subdivision 1. To the regents of the
University of Minnesota for the
purposes specified in this section.
Subd. 2. Repair and Betterment 9,200,000
This appropriation is for code
compliance, critically needed repair of
buildings, hazardous material and
asbestos abatement, water pipe repair,
and improved handicap access throughout
the university system.
Subd. 3. Twin Cities Campus 52,700,000
This appropriation is for construction
of the Basic Sciences and Biomedical
Engineering Building.
The university must match this
appropriation with a minimum of
$10,000,000 of federal or other
nonstate money.
The legislature requests the board of
regents to expend federal and other
nonstate money prior to expenditure of
this appropriation.
Tuition revenue must not be used to
meet the University's annual share of
debt service for this project.
Sec. 6. POST-SECONDARY SYSTEMS
Each post-secondary governing board
shall report on its petroleum tank
release cleanup account reimbursements
as part of each biennial budget
request. The board shall specify its
costs in relation to any tank removal,
replacement, and cleanup and shall
identify all petroleum tank release
cleanup account reimbursements it
received or assigned and the specific
activity for which the reimbursement or
assignment was made. The board must
place all reimbursements it receives
into its capital repair and betterment
account.
Sec. 7. K-12 EDUCATION
Subdivision 1. To the commissioner of
administration or the commissioner of
education for the purposes specified in
this section 25,836,000
Subd. 2. Minnesota Library for the Blind
and Physically Handicapped 1,325,000
To the commissioner of administration
to construct and equip an addition to
the current library for the blind and
physically handicapped, remodel the
existing building, and improve the
utility system serving the library.
Subd. 3. Hoffman Center 400,000
To the commissioner of administration
for construction of an educational
facility at Hoffman Center in St.
Peter. The facility must be
constructed to meet the educational
needs of court-placed adolescent sex
offenders for whom independent school
district No. 508, St. Peter, has the
responsibility of providing educational
services. The commissioner of
administration and the school district
must establish a contract that provides
for the operation and maintenance of
the facility and that specifies that
the state will retain ownership of the
facility. The contract must also
provide that the district will make the
debt service payments on the bonds
issued to construct the facility and
that independent school district No.
508, St. Peter, will add these debt
service payments to the amount charged
back to resident districts according to
Minnesota Statutes, section 120.17,
subdivision 6, or 120.181. The
payments by the school district to the
state for debt service are to be
deposited in the state bond fund. If,
for any reason, the receipt of payments
from resident districts is not
sufficient to make the required debt
service payments, the commissioner of
education shall reduce appropriations
for special education aid and transfer
the required amount to the state bond
fund.
Subd. 4. Grant County School Districts 100,000
This is to the commissioner of
education for a grant and
administrative expenses to facilitate
planning for cooperation and
combination, including facility needs,
for a group of school districts in
Grant county. This appropriation is
from the general fund.
Subd. 5. Cooperative Facilities Grants 5,881,000
This appropriation is for a grant under
Minnesota Statutes, sections 124.492 to
124.496, the cooperative secondary
facilities grant act, to a group of
school districts consisting of
independent school districts No. 240,
Blue Earth, No. 225, Winnebago, No.
219, Elmore, and No. 218, Delavan.
Subd. 6. Maximum Effort School Loans 12,130,000
To the commissioner of education from
the maximum effort school loan fund to
make debt service loans and capital
loans to school districts as provided
in Minnesota Statutes, sections 124.36
to 124.46.
The commissioner shall review the
proposed plan and budgets of the
projects and may reduce the amount of a
loan to ensure that the project will be
economical. The commissioner may
recover the cost incurred by the
commissioner for any professional
services associated with the final
review by reducing the proceeds of the
loan paid to the district.
$10,000,000 is approved for a capital
loan to independent school district No.
38, Red Lake public schools for
construction of a new elementary school
and remodeling of the present
elementary school into a middle school
facility.
$2,130,000 is approved for a capital
loan to independent school district No.
139, Rush City public schools for
construction of a new high school.
Subd. 7. Independent School District
No. 15, St. Francis
(a) To provide funds for the
construction of a facility to meet the
educational needs of court-placed
adolescents for whom independent school
district No. 15, has the responsibility
of providing services, independent
school district No. 15 may, by two
thirds majority plus one vote of all
the members of the school board, issue
general obligation bonds in one or more
series in calendar years 1992 and 1993
as provided in this section. The
aggregate principal amount of any bonds
issued under this subdivision for
calendar years 1992 and 1993 may not
exceed $4,000,000. Issuance of the
bonds is not subject to Minnesota
Statutes, section 475.58 or 475.59. If
the school board proposes to issue
bonds under this subdivision, it must
publish a resolution describing the
proposed bond issue once each week for
two successive weeks in a legal
newspaper published in the county of
Anoka. The bonds may be issued without
the submission of the question of their
issue to the electors unless, within 30
days after the second publication of
the resolution, a petition requesting
an election signed by a number of
people residing in the school district
equal to ten percent of the people
registered to vote in the last general
election in the school district is
filed with the recording officer. If
such a petition is filed, no bonds
shall be issued under this subdivision
unless authorized by a majority of the
electors voting on the question at the
next general or special election called
to decide the issue. The bonds must
otherwise be issued as provided in
Minnesota Statutes, chapter 475. The
authority to issue bonds under this
subdivision is in addition to any
bonding authority authorized by
Minnesota Statutes, chapter 124, or
other law.
(b) Independent school district No. 15
shall include the yearly debt service
amounts in its required debt service
levy under Minnesota Statutes, section
124.95, subdivision 1, for purposes of
receiving debt service equalization
aid. The district may add the portion
of the debt service levy remaining
after equalization aid is paid to the
amount charged back to resident
districts according to Minnesota
Statutes, section 120.17, subdivision
6, or 120.181. If, for any reason, the
receipt of payments from resident
districts and debt service equalization
aid attributable to this debt service
is not sufficient to make the required
debt service payments, the district may
levy under paragraph (c).
(c) To pay the principal of and
interest on bonds issued under
paragraph (a), independent school
district No. 15 shall levy a tax in an
amount sufficient under Minnesota
Statutes, section 475.61, subdivisions
1 and 3, to pay any portion of the
principal of and interest on the bonds
that is not paid through the receipt of
debt service equalization aid and
tuition payments under paragraph (b).
The tax authorized under this
subdivision is in addition to the taxes
authorized to be levied under Minnesota
Statutes, chapter 124A or 275, or other
law.
Subd. 8. School District
Construction Grant 2,000,000
To the commissioner of education to
make a grant for construction of a
secondary facility for independent
school districts No. 145,
Glyndon-Felton, and No. 147, Dilworth.
The grant may not be awarded until each
district has passed a referendum under
Minnesota Statutes, section 122.23 or
122.243 and the project has received a
positive review and comment under
Minnesota Statutes, section 121.15.
Subd. 9. Capital Improvement
Desegregation Grants 4,000,000
To the commissioner of education for
grants under Minnesota Statutes,
sections 124C.55 to 124C.57.
Sec. 8. HUMAN SERVICES
Subdivision 1. To the commissioner of
administration for purposes specified in
this section 24,105,000
Subd. 2. St. Peter
Regional Treatment Center 8,100,000
To program, design, equip, and
construct a 50-bed addition on the
Minnesota Security Hospital to
accommodate psychopathic personality
commitments.
Subd. 3. Brainerd
Regional Treatment Center 210,000
(a) To rehabilitate and improve the
regional laundry facility at Brainerd
regional treatment center.
(b) The debt service cost on bonds sold
to finance the facility described in
paragraph (a) must be paid from laundry
service fees charged and collected by
the commissioner of human services
under Minnesota Statutes, section
246.57. Laundry service fees
established by the commissioner must
include appropriate charges for this
debt service, which must be paid to the
commissioner of finance as required by
section 32.
Subd. 4. For the construction
of a 34-bed nursing
facility annex and ten-bed infirmary
at the Rice County District Hospital
location. 2,145,000 *
* (Subdivision 4 was vetoed by the governor.)
Subd. 5. For the installation
of air conditioning in
Oakview building at Cambridge Regional
Human Services Center. 250,000
Subd. 6. Mental Health Units 13,400,000
To reconstruct or remodel mental health
units at a regional treatment center or
centers, to be selected by the
commissioner of human services.
Sec. 9. CORRECTIONS
Subdivision 1. To the commissioner
of administration for the purposes
listed in this section. 15,382,000
Subd. 2. Minnesota Correctional
Facility - Faribault 4,300,000
To renovate two living units for an
additional 160 inmates.
Bonds are not authorized and may not be
issued for this project until the
project in section 8, subdivision 4,
has been approved and contracts have
been awarded to carry it out. *
(Subdivision 2 was vetoed by the
governor.)
Subd. 3. Minnesota Correctional
Facility - Shakopee 10,900,000
To plan, design, and construct living
units and program space for an
additional 100 inmates and a ten-bed
mental health unit addition to Higbee
Hall.
Subd. 4. Minnesota Correctional
Facility - Lino Lakes
To infill the area between buildings
G and F1 at the Minnesota correctional
facility - Lino Lakes 182,000
Money appropriated by Laws 1990,
chapter 610, article 1, section 11,
subdivision 3, items (a) and (b), that
is not needed to expand the "Q"
building or construct two medium
security cottages at the Minnesota
correctional facility - Lino Lakes,
approximately $182,000, is canceled.
Sec. 10. JOBS AND TRAINING 2,000,000
To the commissioner of jobs and
training for grants to agencies and
political subdivisions of the state for
construction or rehabilitation of
facilities for Head Start or other
early intervention education programs.
The facilities must be owned by the
state or a political subdivision, but
may be leased to organizations that
operate the programs. The commissioner
shall prescribe the terms and
conditions of leases. The grants must
be distributed according to a
demonstrated need for the facilities.
The grants shall also be geographically
distributed across the state to the
extent that this is not inconsistent
with need for the facilities. No grant
for any individual facility shall
exceed $200,000.
At least 25 percent of the total
appropriation under this section must
be used in conjunction with the youth
employment program under Minnesota
Statutes, sections 268.361 to 268.367,
the training and housing program for
homeless adults under Laws 1992,
chapter 376, article 6, and other
employment and training programs.
Sec. 11. HOUSING FINANCE AGENCY 3,000,000
(a) $2,000,000 of this appropriation is
to the Minnesota housing finance
agency's local government unit housing
account established in Minnesota
Statutes, section 462A.202, for loans
with or without interest to a city to
purchase or acquire land and buildings
for purposes of the neighborhood land
trust program under Minnesota Statutes,
sections 462A.30 and 462A.31, upon
terms and conditions the agency
determines.
(b) $1,000,000 is to the commissioner
of the housing finance agency for
grants to agencies and political
subdivisions of the state for
construction or rehabilitation of
shelters for battered women or other
facilities serving crime victims. The
shelters or facilities must be owned by
the state or a political subdivision,
but may be leased to organizations that
operate the shelters or facilities.
The commissioner shall prescribe the
terms and conditions of leases. The
grants must be distributed according to
a demonstrated need for the
facilities. The grants shall also be
geographically distributed across the
state, to the extent that this is not
inconsistent with need for the
facilities. No grant for any
individual facility shall exceed
$200,000.
(c) At least 25 percent of the total
appropriation under paragraph (b) must
be used in conjunction with the youth
employment program under Minnesota
Statutes, sections 268.361 to 268.367,
the training and housing program for
homeless adults under Laws 1992,
chapter 376, article 6, and other
employment and training programs.
Eligible employment and training
programs must demonstrate the ability
and experience to operate a
construction training program and
consult with appropriate labor
organizations to deliver education and
training. Facilities for battered
women include, but are not limited to,
shelters and transitional housing.
Sec. 12. ADMINISTRATION
Subdivision 1. To the commissioner of
administration for purposes specified in
this section 26,396,000
Subd. 2. Capital Asset Preservation
and Repair 6,500,000
For critically needed repair of
buildings, health and life safety code
compliance, and preservation of capital
assets throughout the state in
accordance with Minnesota Statutes,
section 16A.632. The commissioner
shall give all state agencies, other
than higher education systems, an
opportunity to apply for funding of
urgently needed projects. The
commissioner shall determine project
priorities as appropriate based upon
need.
Subd. 3. Centennial Parking Ramp Repair 1,200,000
To complete the structural repair of
the upper three floors of the
centennial ramp, to be redesignated
Central Park. The debt service cost on
bonds sold to finance this repair shall
be paid from parking fee revenue.
Parking fees established by the
commissioner, pursuant to Minnesota
Statutes, section 16B.58, shall include
appropriate charges for this debt
service which shall then be paid to the
commissioner of finance as required by
section 32.
Subd. 4. Judicial Center - Phase II 6,000,000
To renovate the old Historical Society
Building to meet the program needs of
the new Judicial Center.
Subd. 5. For partial renovation of the
Transportation Building. The balances
of $6,392,000 from the following trunk
highway fund appropriations: Laws
1981, chapter 361, section 2, clause
(h); Laws 1983, chapter 344, section 2,
clause (1); Laws 1984, chapter 597,
section 3, subdivision 3, clauses (a)
and (b); and Laws 1987, chapter 400,
section 3, subdivision 1, clause (h),
are transferred to be used for the
first phase of this building renovation
project. Renovation shall address
current life safety and environmental
deficiencies, electrical power
distribution, and lighting.
Subd. 6. Plan to Locate State Agencies 420,000
This appropriation is from the general
fund to complete a strategic long-range
plan for state agency office space in
the metropolitan area.
Subd. 7. Agency Relocation 1,633,000
$869,000 is from the general fund for
relocation costs. $764,000 is from the
trunk highway fund for the partial
relocation of the Department of
Transportation.
Subd. 8. Sewer Separation 5,900,000
To separate the sanitary and storm
sewers in the capitol area under state
jurisdiction in conjunction with the
combined sewer overflow program
established by the 1985 legislature.
Subd. 9. For land acquisition
in the capitol area. 800,000
Subd. 10. Capitol building 1,643,000
To provide a state-of-the-art fire
management system for the capitol
building and to plan for roof
replacement, long-term testing and
monitoring of the building's exterior,
and restoration of the Quadriga.
Subd. 11. Lake Superior Center Authority 2,000,000
This appropriation is to the
commissioner of administration for a
grant to the Lake Superior Center
authority for the costs of design and
engineering of exhibition space and
exhibits, offices, meeting rooms, and
other capital facilities for the Lake
Superior Center Authority. $500,000 of
the appropriation is available
immediately. $1,500,000 is contingent
upon the authority obtaining at least
$1,500,000 in additional funding from
nonstate sources to establish a
construction escrow. Future
appropriations from the bond proceeds
fund for acquisition, construction, and
other costs are contingent upon the
authority obtaining matching funds from
nonstate sources.
The authority shall report to the house
appropriations and senate finance
committees and their environmental and
natural resources divisions by January
15 each year on the status of the
project and the status as to meeting
the contingencies.
Subd. 12. Lake Superior Zoological Gardens 300,000
To the commissioner of administration
for a grant to the Lake Superior
Zoological garden for construction cost
of the Przewalski Horse/zebra and
animal interaction projects.
Sec. 13. MILITARY AFFAIRS 2,400,000
To the adjutant general to construct an
educational facility at Camp Ripley, to
be known as the Minnesota national
guard education center.
Sec. 14. TRADE AND ECONOMIC
DEVELOPMENT 4,550,000
$2,250,000 of this appropriation is for
payment by the commissioner of trade
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.
$1,900,000 of this appropriation is for
the city of Roseville to construct the
John Rose Memorial Oval
Speedskating/Bandy Multi-Use Facility
in consultation with the amateur sports
commission, contingent on the receipt
of at least $1,000,000 in matching
funds from other sources, not including
in-kind contributions.
$400,000 of this appropriation is to
the national sports center for purchase
and development of land for additional
soccer fields.
None of the proceeds from the sale of
bonds authorized by this appropriation
may be used to reimburse a development
agency of a city of the first class for
land acquisition or development costs
incurred prior to 1988.
Sec. 15. PUBLIC FACILITIES AUTHORITY 7,500,000
To the public facilities authority for
the state match to federal grants to
capitalize the state water pollution
control revolving fund under Minnesota
Statutes, section 446A.07.
Sec. 16. AMATEUR SPORTS COMMISSION
$2,500,000 allocated in Laws 1990,
chapter 610, article 1, section 25, for
a grant to the city of Bloomington for
construction of the Holmenkollen ski
jump is canceled as of July 1, 1993, if
matching funds have not been obtained.
Sec. 17. SCIENCE MUSEUM OF MINNESOTA 200,000
This appropriation is to the Science
Museum of Minnesota for planning and
working drawings for capital remodeling
and additions. This appropriation is
from the general fund.
The planning and working drawings shall
include the use of the site in the city
of St. Paul on which the Public Health
Building is currently located.
Sec. 18. NATURAL RESOURCES
Subdivision 1. To the commissioner of
the department of natural resources for
the purposes specified in this section. 11,682,000
Subd. 2. Dam Repair and Replacement 1,570,000
For the emergency repair or removal of
publicly owned dams under Minnesota
Statutes, section 103G.511.
Money for removal of a dam is only
available after the state has acquired
title to the dam structure. The
commissioner shall negotiate with the
owners to obtain title to the structure
at no cost to the state, and shall
remove it immediately after obtaining
title. The state is not liable for
events occurring at dam sites before
the state gets title.
Subd. 3. Flood hazard mitigation 500,000
This appropriation is for flood hazard
mitigation grants for capital projects
under Minnesota Statutes, section
103F.161.
$200,000 is for the Jack Creek project.
$300,000 is for the Good Lake project.
Subd. 4. Field offices consolidation 1,731,000
This appropriation is for capital
acquisition, construction, and
renovations of field offices, including
the Two Harbors field office.
Subd. 5. Parks 2,751,000
This appropriation is for development
of state parks according to the
management plans required in Minnesota
Statutes, chapter 86A.
Subd. 6. Trails 1,000,000
This appropriation is for betterment of
state trails in accordance with the
department's priorities and including
the Willmar-New London Trail.
Subd. 7. State Fish Hatchery Improvement 1,250,000
Subd. 8. Scientific and Natural Area Acquisition 100,000
This appropriation is for the
acquisition of lands as Scientific and
Natural Areas (SNA). As a first
priority, lands containing great lakes
white pine communities in Anoka or
Washington county must be pursued for
acquisition in accordance with the SNA
Long Range Plan.
Subd. 9. Underground Fuel Tank Replacement 295,000
To remove or replace underground fuel
storage tanks on department property.
Subd. 10. State Park Acquisition 600,000
Subd. 11. State Forest Acquisition 385,000
To acquire state forest lands in the
Richard J. Dorer Hardwood Forest that
are priority instant units.
Subd. 12. Well Sealing 250,000
To seal abandoned wells on property
owned by the department.
Subd. 13. Critical Habitat Acquisition 1,250,000
For transfer to the critical habitat
private sector matching account under
Minnesota Statutes, section 84.943.
Subd. 14. Work Program
The commissioner of natural resources
must submit a work program and
semiannual progress reports in the form
determined by the legislative
commission on Minnesota resources and
request its recommendation before
spending any money appropriated by
subdivisions 4, 5, 6, 7, 8, 10, 11, 12,
and 13. 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.
Sec. 19. BOARD OF WATER AND SOIL RESOURCES 1,250,000
To the board of water and soil
resources for the reinvest in Minnesota
conservation reserve program under
Minnesota Statutes, section 103F.515.
Sec. 20. AGRICULTURE 365,000
(a) To the commissioner of
administration for the construction of
a new East Grand Forks potato
inspection facility to consolidate and
replace inadequate facilities in
Crookston and East Grand Forks.
(b) The debt service cost on bonds sold
to finance the facility described in
paragraph (a) must be paid from potato
inspection fees charged and collected
by the commissioner of agriculture
pursuant to Minnesota Statutes,
sections 21.115 and 27.07. Inspection
fees established by the commissioner of
agriculture shall include appropriate
charges for this debt service which
shall then be paid to the commissioner
of finance as required by section 32.
Sec. 21. POLLUTION CONTROL AGENCY 13,050,000
To the commissioner of the pollution
control agency for the state share of
combined sewer overflow grants under
Minnesota Statutes, section 116.162 for
projects begun during fiscal years 1992
or 1993.
The city of St. Paul shall use all
revenues derived from its clawback
funding of sewer financing only for
sewer separation projects that directly
result in the elimination of combined
sewer overflow.
Sec. 22. OFFICE OF WASTE MANAGEMENT 2,000,000
To the director of the office of waste
management for capital assistance
program grants under Minnesota
Statutes, section 115A.54.
Sec. 23. MINNESOTA ZOOLOGICAL GARDEN 1,820,000
For roof replacement and the
replacement of skylights in the tropics
exhibit building.
One-third of the debt service cost on
bonds sold to finance this
appropriation must be paid from the
dedicated receipts of the zoological
garden, which shall be paid to the
commissioner of finance as required by
section 32.
Sec. 24. HISTORICAL SOCIETY 2,375,000
Subdivision 1. To the Minnesota
historical society for the purposes
specified in this section.
Subd. 2. State History Center 1,400,000
To match approximately $4,500,000 in
nonstate funds for the development and
construction of major permanent
exhibits in the new State History
Center.
Subd. 3. Fort Snelling 375,000
For emergency life safety repairs and
critical code compliance at historic
Fort Snelling, including retaining
walls and public areas.
Subd. 4. St. Anthony Falls 500,000
This appropriation is for grant-in-aid
purposes of the St. Anthony Falls
Heritage Board in accordance with
Minnesota Statutes, section 138.763.
Grants may be made for public
improvements of a capital nature
according to the St. Anthony Falls
interpretive plan for preservation.
The matching requirements for the
grants may be established by the St.
Anthony Falls Heritage Board.
Subd. 5. Battle Point Historic Site
The appropriation for this project in
Laws 1990, chapter 610, article 1,
section 17, is transferred to the
Minnesota Historical Society.
Subd. 6. Prairieland Expo Center 100,000
To the Minnesota Historical Society for
schematic drawings for the Southwest
Regional Development Commission's
proposed Prairieland Expo facility.
Sec. 25. TRANSPORTATION 28,849,000
Subdivision 1. To the commissioner of
transportation for the purposes specified
in this section.
Subd. 2. Trunk Highway Facility Projects 9,349,000
To the commissioner of transportation
for the purposes specified in this
subdivision. The appropriations in
this subdivision are from the trunk
highway fund.
(a) construct additions to welding
shops at Rochester, Owatonna, Windom, Morris,
Virginia, and Mankato 1,104,000
(b) replace or add to chemical storage
sheds at 27 locations statewide 560,000
(c) construct a new equipment storage
building at Montevideo 430,000
(d) construct an addition for a resident
office for the truck station
and construct an addition for
storage of large pieces of snow
and ice removal equipment, both
at Winona 450,000
(e) construct an equipment storage
addition and remodel building to
upgrade crew room and sanitary facilities
to meet code, in Motley 300,000
(f) construct building for road
maintenance equipment and bridge
maintenance crew, and construct
a matching chemical/cold storage
structure, both at Spring Lake Park 1,950,000
(g) Owatonna radio and bridge
shops addition 270,000
(h) Roseau truck station replacement 520,000
(i) Le Sueur truck station replacement 500,000
(j) MN road research project
building at Monticello/Albertville 198,000
(k) design fees to complete construction
documents for projects at Bemidji,
Spring Lake Park, St. Cloud, Maplewood,
Eden Prairie, and Thief River Falls 338,000
(l) land acquisition for new replacement
truck station sites at Tracy, Effie,
Glencoe, and Hutchinson 125,000
(m) plan for a facilities study to determine
what space and additions should be made
to headquarters building in Rochester 12,000
(n) construct pole type storage
buildings at 14 truck stations,
headquarters sites, and storage
yards statewide 300,000
(o) removal of asbestos from
department of transportation
facilities statewide 230,000
(p) construct a metropolitan area
recycling center to include buildings to
store and recycle MN DOT generated
hazardous and nonhazardous waste 530,000
(q) interior remodeling to convert
design office space into office
space for construction at Oakdale
and Golden Valley headquarters buildings 75,000
(r) construct Luverne truck station addition 225,000
(s) construct truck station addition
and remodel existing building to
provide new crew room and sanitary
facilities, both at Worthington 250,000
(t) construct an addition to garage/shop
areas at the Virginia headquarters building 325,000
(u) construct Fergus Falls truck station addition 225,000
(v) construct Olivia truck station addition 140,000
(w) construct St. Charles truck station addition 160,000
(x) construct Nopeming truck station addition 132,000
Subd. 3. Saint Paul Airport Hangar 2,000,000
This appropriation is from the state
airport fund.
To construct a state hangar facility at
the Saint Paul downtown airport to
house state-owned aircraft, facility
office space, and a passenger waiting
area.
Subd. 4. Local Road and Bridge Replacement
and Rehabilitation 17,500,000
To the commissioner of transportation
for the purposes specified in this
subdivision. The appropriations in
this subdivision are from the state
transportation fund.
(a) Bloomington Ferry Bridge 10,000,000
This appropriation is to match federal
funds to complete the Bloomington ferry
bridge.
(b) Other Bridges on Local Road Systems 5,000,000
The commissioner shall spend this sum
as grants to political subdivisions for
the construction and reconstruction of
key bridges on the state transportation
system. This appropriation is
available until spent.
Grants shall be allocated as follows:
(1) to counties, 2,680,000
(2) to cities, 1,085,000
(3) to towns, 1,235,000
(c) Political subdivisions may use
grants made under this section for
purposes of construction and
reconstruction of bridges, including:
(1) matching federal-aid grants for the
construction or reconstruction of key
bridges;
(2) paying the costs of abandoning an
existing bridge that is deficient and
in need of replacement, but where no
replacement will be made;
(3) paying the costs of constructing a
road or street that would facilitate
the abandonment of an existing bridge
determined by the commissioner to be
deficient, if the commissioner
determines that construction of the
road or street is more cost-efficient
than the replacement of the existing
bridge; and
(4) paying the costs of preliminary
engineering and environmental studies
authorized under Minnesota Statutes,
section 174.50, subdivision 6a.
(d) Mankato Route Improvements 2,500,000
This appropriation is to match federal
funds.
Sec. 26. BOND SALE EXPENSES 260,000
To the commissioner of finance for bond
sale expenses under Minnesota Statutes,
section 16A.641, subdivision 8.
Sec. 27. DEBT SERVICE
The commissioner of finance shall
schedule the sale of state general
obligation bonds so that, during the
biennium ending June 30, 1993, no more
than $412,000,000 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. 28. [BOND SALE.]
Subdivision 1. [BOND PROCEEDS FUND.] To provide the money
appropriated in this act from the bond proceeds fund the
commissioner of finance, on request of the governor, shall sell
and issue bonds of the state in an amount up to $231,695,000 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. [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the
money appropriated in this act from the maximum effort school
loan fund, the commissioner of finance, on request of the
governor, shall sell and issue bonds of the state in an amount
up to $12,130,000 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 maximum effort school loan
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 $17,500,000 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.
Sec. 29. Minnesota Statutes 1991 Supplement, section
124.479, is amended to read:
124.479 [BOND ISSUE; MAXIMUM EFFORT SCHOOL LOANS, 1991.]
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 $45,065,000, 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. 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.
No bonds may be sold or issued under this section until all
bonds authorized by Laws 1990, chapter 610, sections 2 to 7, are
sold and issued and the authorized project contracts have been
initiated or abandoned.
Sec. 30. [PLANNING.]
During the biennium, in its planning for new program
offerings at a particular campus, each public post-secondary
education governing board shall consider the availability of
physical space and the adequacy of facilities at that campus.
If the board determines that new space or facilities are
required, it shall examine the feasibility of developing the
program at a different campus within its system or in
cooperation with other systems.
Sec. 31. [DEBT SERVICE SHARE.]
(a) Each post-secondary governing board shall pay one-third
of the debt service on state bonds sold to finance
appropriations to that board for projects in this act, except
for repair and betterment projects under subdivision 2 of
sections 2 to 5. After each sale of general obligation bonds,
the commissioner of finance shall notify the state board of
technical colleges, the state board for community colleges, the
state university board, and the regents of the University of
Minnesota of the amounts for which each system is assessed for
each year for the life of the bonds.
(b) The commissioner shall reduce each system's assessment
each year under paragraph (a) by one-third of the net income
from investment of general obligation bond proceeds that must be
allocated among the systems in proportion to the amount of
principal and interest otherwise required to be paid by each.
Each higher education system shall pay its resulting net
assessment to the commissioner of finance by December 1 each
year. If a higher education system fails to make a payment when
due, the commissioner of finance shall reduce allotments for
appropriations from the general fund otherwise payable to the
system and apply the amount of the reduction to cover the missed
debt service payment. The commissioner of finance shall credit
the payments received from the higher education systems to the
bond debt service account in the state bond fund each December 1
before money is transferred from the general fund under section
16A.641, subdivision 10.
Sec. 32. [16A.643] [ASSESSMENTS IF AGENCY MUST PAY DEBT
SERVICE.]
Subdivision 1. [WHEN PAYMENT REQUIRED.] The commissioner
of finance shall assess each board, agency, or other public
entity, other than the higher education systems described in
section 31, for the amount that would otherwise need to be paid
for debt service with respect to general obligation bonds sold
to finance capital improvement projects for the entity if the
law authorizing the project requires debt service for the
project to be paid by the agency.
Subd. 2. [METHOD OF PAYMENT.] After each sale of state
general obligation bonds, the commissioner of finance shall
notify the entity of the amounts for which the entity is
responsible under subdivision 1 for each year for the life of
the bonds. Each entity shall pay its assessment of debt service
payments to the commissioner of finance by December 1 each
year. If an entity fails to make an assessment payment when
due, the commissioner of finance shall reduce allotments for
appropriations from the appropriate accounts to be used by the
entity to pay the assessment payment and apply the amount of the
reduction to cover the missed payment. The commissioner of
finance shall credit the payments received from the entities, or
the amount of the reduction made, to the bond debt service
account in the state bond fund each December 1 before money is
transferred from the general fund under section 16A.641,
subdivision 10.
Sec. 33. Minnesota Statutes 1990, section 16B.24,
subdivision 2, is amended to read:
Subd. 2. [REPAIRS.] The commissioner shall supervise and
control the making of necessary repairs to all state buildings
and structures, except:
(1) structures, other than buildings, under the control of
the state transportation department; provided that and
(2) buildings and structures under the control of the state
university board or the state board for community colleges.
All repairs to the public and ceremonial areas and the
exterior of the state capitol building shall be carried out
subject to the standards and policies of the capitol area
architectural and planning board and the commissioner of
administration adopted pursuant to section 15.50, subdivision 2,
clause (h).
Sec. 34. Minnesota Statutes 1990, section 16B.30, is
amended to read:
16B.30 [GENERAL AUTHORITY.]
Subject to other provisions in this chapter, the
commissioner shall supervise and control the making of all
contracts for the construction of buildings and for other
capital improvements to state buildings and structures, other
than buildings and structures under the control of the state
university board.
Sec. 35. Minnesota Statutes 1990, section 16B.31,
subdivision 1, is amended to read:
Subdivision 1. [CONSTRUCTION PLANS AND SPECIFICATIONS.]
The commissioner shall (1) have plans and specifications
prepared for the construction, alteration, or enlargement of all
state buildings, structures, and other improvements except
highways and bridges, and except for buildings and structures
under the control of the state university board; (2) approve
those plans and specifications; (3) advertise for bids and award
all contracts in connection with the improvements; (4) supervise
and inspect all work relating to the improvements; (5) approve
all lawful changes in plans and specifications after the
contract for an improvement is let; and (6) approve estimates
for payment. This subdivision does not apply to the
construction of the zoological gardens.
Sec. 36. [136.261] [STATE UNIVERSITY SITES; ACQUISITION.]
Subdivision 1. [PURCHASE OF NEIGHBORING PROPERTY.] The
state university board 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.
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.
Subd. 3. [RELOCATION COSTS.] The state university board
may pay relocation costs, at its discretion, when acquiring
property.
Sec. 37. Minnesota Statutes 1990, section 136C.05,
subdivision 5, is amended to read:
Subd. 5. [USE OF PROPERTY.] (a) A school board must not
sell, lease, or assign technical college property for purposes
other than technical college activities without the approval of
the chancellor. A school board need not obtain approval for
uses that are incidental.
(b) Notwithstanding section 123.36, subdivision 13,
proceeds from the sale, exchange, lease, or assignment of
technical college land or buildings shall be used to repay any
remaining debt service on the land or buildings. Subject to the
approval of the chancellor, any remaining proceeds shall be
placed in the post-secondary capital expenditure, repair and
replacement, or construction fund.
(c) The proceeds of any arbitration or litigation resulting
from claims involving technical college property shall be placed
in the technical college repair and replacement fund.
Sec. 38. [REPEALER.]
Minnesota Statutes 1990, section 136.03, subdivision 2, is
repealed.
Sec. 39. [EFFECTIVE DATE.]
This act is effective the day after its final enactment.
Presented to the governor April 17, 1992
Signed by the governor April 29, 1992, 11:08 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes