Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 634-H.F.No. 984 
                  An act relating to state government; modifying 
                  provisions relating to the department of 
                  administration; including state licensed facilities in 
                  coverage by the state building code; clarifying 
                  certain language and changing certain duties of the 
                  state building inspector and fee provisions; 
                  appropriating money; amending Minnesota Statutes 1992, 
                  sections 13B.04; 16B.24, subdivision 6; 16B.32, 
                  subdivision 2; 16B.42, subdivisions 2, 3, and 4; 
                  16B.465, subdivisions 3 and 6; 16B.48, subdivisions 2 
                  and 3; 16B.49; 16B.51, subdivisions 2 and 3; 16B.60, 
                  subdivision 3, and by adding a subdivision; 16B.61, 
                  subdivisions 1a and 4; 16B.62, subdivision 1; 16B.66; 
                  16B.70, subdivision 2; 16B.72; 16B.73; 16B.85, 
                  subdivision 1; 343.01, subdivisions 2, 3, and by 
                  adding subdivisions; and 403.11, subdivision 1; 
                  Minnesota Statutes 1993 Supplement, sections 16B.42, 
                  subdivision 1; Laws 1979, chapter 333, section 18, as 
                  amended; Laws 1991, chapter 345, article 1, section 
                  17, subdivision 4, as amended; proposing coding for 
                  new law in Minnesota Statutes, chapter 16B; repealing 
                  Minnesota Statutes 1992, sections 3.3026; 16B.56, 
                  subdivision 4; and Laws 1987, chapter 394, section 13. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
                          DEPARTMENT OF ADMINISTRATION
           Section 1.  Minnesota Statutes 1992, section 13B.04, is 
        amended to read: 
           13B.04 [REPORT.] 
           A responsible authority that participates in a matching 
        program shall prepare a report describing matching programs in 
        which the responsible authority has participated during the 
        previous calendar year.  The report must be included in a state 
        agency's description of its information systems prepared under 
        section 3.3026, subdivision 3 filed annually with the department 
        of administration. 
           Sec. 2.  Minnesota Statutes 1992, section 16B.24, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PROPERTY RENTAL.] (a) [LEASES.] The commissioner 
        shall rent land and other premises when necessary for state 
        purposes.  Notwithstanding subdivision 6a, paragraph (a), the 
        commissioner may lease land or premises for five up to ten years 
        or less, subject to cancellation upon 30 days written notice by 
        the state for any reason except rental of other land or premises 
        for the same use.  The commissioner may not rent non-state-owned 
        land and buildings or substantial portions of land or buildings 
        within the capitol area as defined in section 15.50 unless the 
        commissioner first consults with the capitol area architectural 
        and planning board.  If the commissioner enters into a 
        lease-purchase agreement for buildings or substantial portions 
        of buildings within the capitol area, the commissioner shall 
        require that any new construction of non-state-owned buildings 
        conform to design guidelines of the capitol area architectural 
        and planning board.  Lands needed by the department of 
        transportation for storage of vehicles or road materials may be 
        rented for five years or less, such leases for terms over two 
        years being subject to cancellation upon 30 days written notice 
        by the state for any reason except rental of other land or 
        premises for the same use.  An agency or department head must 
        consult with the chairs of the house appropriations and senate 
        finance committees before entering into any agreement that would 
        cause an agency's rental costs to increase by ten percent or 
        more per square foot or would increase the number of square feet 
        of office space rented by the agency by 25 percent or more in 
        any fiscal year.  
           (b)  [USE VACANT PUBLIC SPACE.] No agency may initiate or 
        renew a lease for space for its own use in a private building 
        unless the commissioner has thoroughly investigated presently 
        vacant space in public buildings, such as closed school 
        buildings, and found that none is available or use of the space 
        is not feasible, prudent, and cost effective compared with 
        available alternatives.  
           (c)  [PREFERENCE FOR CERTAIN BUILDINGS.] For needs beyond 
        those which can be accommodated in state-owned buildings, the 
        commissioner shall acquire and utilize space in suitable 
        buildings of historical, architectural, or cultural significance 
        for the purposes of this subdivision unless use of that space is 
        not feasible, prudent and cost effective compared with available 
        alternatives.  Buildings are of historical, architectural, or 
        cultural significance if they are listed on the national 
        register of historic places, designated by a state or county 
        historical society, or designated by a municipal preservation 
        commission.  
           (d)  [RECYCLING SPACE.] Leases for space of 30 days or more 
        for 5,000 square feet or more must require that space be 
        provided for recyclable materials. 
           Sec. 3.  Minnesota Statutes 1992, section 16B.32, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ENERGY CONSERVATION GOALS; EFFICIENCY PROGRAM.] 
        (a) The commissioner of administration in consultation with the 
        department of public service, in cooperation with one or more 
        public utilities or comprehensive energy services providers, may 
        conduct a shared-savings program involving energy conservation 
        expenditures of up to $15,000,000 by July 1, 1996, on 
        state-owned buildings.  The public utility or energy services 
        provider shall contract with appropriate state agencies to 
        implement energy efficiency improvements in the selected 
        buildings.  A contract must require the public utility or energy 
        services provider to include all energy efficiency improvements 
        in selected buildings that are calculated to achieve a cost 
        payback within ten years.  The contract must require that the 
        public utility or energy services provider be repaid solely from 
        energy cost savings and only to the extent of energy cost 
        savings.  Repayments must be interest-free.  The goal of the 
        program in this paragraph is to demonstrate that through 
        effective energy conservation the total energy consumption per 
        square foot of state-owned and wholly state-leased buildings 
        could be reduced by at least 25 percent, and climate control 
        energy consumption per square foot could be reduced by at least 
        15 percent from consumption in the base year of 1990.  All 
        agencies participating in the program must report to the 
        commissioner of administration their monthly energy usage, 
        building schedules, inventory of energy-consuming equipment, and 
        other information as needed by the commissioner to manage and 
        evaluate the program. 
           (b) The commissioner may exclude from the program of 
        paragraph (a) a building in which energy conservation measures 
        are carried out.  "Energy conservation measures" means measures 
        that are applied to a state building that improve energy 
        efficiency and have a simple return of investment in five ten 
        years or within the remaining period of a lease, whichever time 
        is shorter, and involves energy conservation, conservation 
        facilities, renewable energy sources, improvements in operations 
        and maintenance efficiencies, or retrofit activities. 
           (c) By January 1, 1993, the commissioner shall submit to 
        the legislature a report that includes: 
           (1) an energy use survey of new or added space state 
        buildings occupy; 
           (2) a plan for conserving energy without undertaking any 
        physical alterations of the space; 
           (3) recommendations for physical alterations that would 
        enable the agency to conserve additional energy along with an 
        estimate of the cost of the alterations; and 
           (4) recommendations for additional legislation needed to 
        achieve the goal along with an estimate of any costs associated 
        with the recommended legislation. 
           Sec. 4.  Minnesota Statutes 1993 Supplement, section 
        16B.42, subdivision 1, is amended to read: 
           Subdivision 1.  [COMPOSITION.] The commissioner of 
        administration shall appoint an intergovernmental information 
        systems advisory council, to serve at the pleasure of the 
        commissioner of administration, consisting of 25 members.  
        Fourteen members shall be appointed or elected officials of 
        local governments, seven shall be representatives of state 
        agencies, and four shall be selected from the community at 
        large.  Further, the council shall be is composed of (1) two 
        members from each of the following groups:  counties outside of 
        the seven county metropolitan area, cities of the second and 
        third class outside the metropolitan area, cities of the second 
        and third class within the metropolitan area, and cities of the 
        fourth class; (2) one member from each of the following groups:  
        the metropolitan council, an outstate regional body, counties 
        within the metropolitan area, cities of the first class, school 
        districts in the metropolitan area, and school districts outside 
        the metropolitan area, and public libraries; (3) one member each 
        from appointed by the state departments of administration, 
        education, human services, revenue, and jobs and training, the 
        office of strategic and long-range planning, and the legislative 
        auditor; (4) one member from the office of the state auditor, 
        appointed by the auditor; and (5) four members from the state 
        community at large.  To the extent permitted by resources the 
        commissioner shall furnish staff and other assistance as 
        requested by the council the assistant commissioner of 
        administration for the information policy office; (6) one member 
        appointed by each of the following organizations:  league of 
        Minnesota cities, association of Minnesota counties, Minnesota 
        association of township officers, and Minnesota association of 
        school administrators; and (7) one member of the house of 
        representatives appointed by the speaker and one member of the 
        senate appointed by the subcommittee on committees of the 
        committee on rules and administration.  The legislative members 
        appointed under clause (7) are nonvoting members.  The 
        commissioner of administration shall appoint members under 
        clauses (1) and (2). The terms, compensation, and removal of the 
        appointed members of the advisory council shall be are as 
        provided in section 15.059, but the council does not expire 
        until June 30, 1995 1997. 
           Sec. 5.  Minnesota Statutes 1992, section 16B.42, 
        subdivision 2, is amended to read:  
           Subd. 2.  [DUTIES.] The council shall:  assist the 
        commissioner state and local agencies in developing and updating 
        intergovernmental information systems, including data 
        definitions, format, and retention standards; recommend to the 
        commissioner policies and procedures governing the collection, 
        security, and confidentiality of data; facilitate participation 
        of users during the development of major revisions of 
        intergovernmental information systems; review intergovernmental 
        information and computer systems involving intergovernmental 
        funding; encourage cooperative efforts among state and local 
        governments in developing intergovernmental information systems 
        to meet individual and collective, operational, and external 
        needs; bring about the necessary degree of standardization 
        consistent with local prerogatives; yield fiscal and other 
        information required by state and federal laws and regulations 
        in readily usable form; present local government concerns to 
        state government and state government concerns to local 
        government with respect to intergovernmental information 
        systems; develop and recommend standards and policies for 
        intergovernmental information systems to the information policy 
        office; foster the efficient use of available federal, state, 
        local, and private resources for the development 
        of intergovernmental systems; keep local governments government 
        agencies abreast of the state of the art in information systems, 
        and; prepare guidelines for intergovernmental systems; assist 
        the commissioner of administration in the development of 
        cooperative contracts for the purchase of information system 
        equipment and software; and assist the legislature by providing 
        advice on intergovernmental information systems issues. 
           Sec. 6.  Minnesota Statutes 1992, section 16B.42, 
        subdivision 3, is amended to read: 
           Subd. 3.  [OTHER DUTIES.] The intergovernmental 
        informations systems advisory council shall (1) recommend to the 
        commissioners of state departments, the legislative auditor, and 
        the state auditor a method for the expeditious gathering and 
        reporting of information and data between agencies and units of 
        local government in accordance with cooperatively developed 
        standards; (2) elect an executive committee, not to exceed seven 
        members from its membership; (3) develop an annual plan, to 
        include administration and evaluation of grants, in compliance 
        with applicable rules; (4) provide technical information systems 
        assistance or guidance to local governments for development, 
        implementation, and modification of automated systems, including 
        formation of consortiums for those systems; and (5) appoint 
        committees and task forces, which may include persons other than 
        council members, to assist the council in carrying out its 
        duties. 
           Sec. 7.  Minnesota Statutes 1992, section 16B.42, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FUNDING.] Appropriations and other funds made 
        available to the council for staff, operational expenses, 
        projects, and grants must be administered through the department 
        of administration are under the control of the council.  The 
        council may contract with the department of administration for 
        staff services and administrative support.  The council shall 
        reimburse the department for these services.  The council may 
        request assistance from other state and local agencies in 
        carrying out its duties.  Fees charged to local units of 
        government for the administrative costs of the council and 
        revenues derived from royalties, reimbursements, or other fees 
        from software programs, systems, or technical services arising 
        out of activities funded by current or prior state 
        appropriations must be credited to the general fund.  The 
        unencumbered balance of an appropriation for grants in the first 
        year of a biennium does not cancel but is available for the 
        second year of the biennium. 
           Sec. 8.  Minnesota Statutes 1992, section 16B.465, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DUTIES.] The commissioner, after consultation 
        with the council, shall: 
           (1) provide voice, data, video, and other 
        telecommunications transmission services to the state and to 
        political subdivisions through the statewide telecommunications 
        access routing system an account in the intertechnologies 
        revolving fund; 
           (2) manage vendor relationships, network function, and 
        capacity planning in order to be responsive to the needs of the 
        system users; 
           (3) set rates and fees for services; 
           (4) approve contracts relating to the system; 
           (5) develop the system plan, including plans for the 
        phasing of its implementation and maintenance of the initial 
        system, and the annual program and fiscal plans for the system; 
        and 
           (6) develop a plan for interconnection of the network with 
        private colleges in the state. 
           Sec. 9.  Minnesota Statutes 1992, section 16B.465, 
        subdivision 6, is amended to read: 
           Subd. 6.  [REVOLVING FUND.] The statewide 
        telecommunications access and routing system shall operate as 
        part of the intertechnologies revolving fund.  Money 
        appropriated to the account for the statewide telecommunications 
        access routing system and fees for communications 
        telecommunications services provided by the statewide 
        telecommunications access and routing system must be deposited 
        in the an account in the intertechnologies revolving fund.  
        Money in the account is appropriated annually to the 
        commissioner to operate the statewide telecommunications access 
        and routing system services. 
           Sec. 10.  Minnesota Statutes 1992, section 16B.48, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PURPOSE OF FUNDS.] Money in the state treasury 
        credited to the general services revolving fund and money that 
        is deposited in the fund is appropriated annually to the 
        commissioner for the following purposes:  
           (1) to operate a central store and equipment service; 
           (2) to operate a central duplication and printing service; 
           (3) to purchase postage and related items and to refund 
        postage deposits as necessary to operate the central mailing 
        service, including purchasing postage and related items and 
        refunding postage deposits; 
           (4) to operate a documents service as prescribed by section 
        16B.51; 
           (5) to provide advice and other services to political 
        subdivisions for the management of their telecommunication 
        systems; 
           (6) to provide services for the maintenance, operation, and 
        upkeep of buildings and grounds managed by the commissioner of 
        administration; 
           (7) (6) to provide analytical, statistical, and 
        organizational development services to state agencies, local 
        units of government, metropolitan and regional agencies, and 
        school districts; 
           (8) (7) to provide capitol security services through the 
        department of public safety; 
           (9) (8) to operate a records center and provide 
        micrographics products and services; and 
           (10) (9) to perform services for any other agency.  Money 
        may be expended for this purpose only when directed by the 
        governor. The agency receiving the services shall reimburse the 
        fund for their cost, and the commissioner shall make the 
        appropriate transfers when requested.  The term "services" as 
        used in this clause means compensation paid officers and 
        employees of the state government; supplies, materials, 
        equipment, and other articles and things used by or furnished to 
        an agency; and utility services and other services for the 
        maintenance, operation, and upkeep of buildings and offices of 
        the state government. 
           Sec. 11.  Minnesota Statutes 1992, section 16B.48, 
        subdivision 3, is amended to read: 
           Subd. 3.  [INTERTECHNOLOGIES REVOLVING FUND.] Money in the 
        intertechnologies revolving fund is appropriated annually to the 
        commissioner to operate information, records, and 
        telecommunications services, including management, consultation, 
        and design services.  
           Sec. 12.  [16B.482] [REIMBURSEMENT FOR MATERIALS AND 
        SERVICES.] 
           The commissioner may provide materials and services under 
        this chapter to state legislative and judicial branch agencies, 
        political subdivisions, the University of Minnesota, and federal 
        government agencies.  Legislative and judicial branch agencies, 
        political subdivisions, the University of Minnesota, and federal 
        government agencies purchasing materials and services from the 
        commissioner shall reimburse the general services, 
        intertechnologies, and cooperative purchasing revolving funds 
        for costs. 
           Sec. 13.  Minnesota Statutes 1992, section 16B.49, is 
        amended to read: 
           16B.49 [CENTRAL MAILING SYSTEM.] 
           The commissioner shall maintain and operate for agencies a 
        central mailing system.  Official mail of an agency occupying 
        quarters either in the capitol or in adjoining state buildings 
        within the boundaries of the city of St. Paul must be delivered 
        unstamped to the central mailing station. Account must be kept 
        of the postage required on that mail, which is then a proper 
        charge against the agency delivering the mail. To provide funds 
        for the payment of postage, each agency shall make advance 
        payments to the commissioner sufficient to cover its postage 
        obligations for at least 60 days.  
           Sec. 14.  Minnesota Statutes 1992, section 16B.51, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PRESCRIBE FEES.] The commissioner may prescribe 
        fees to be charged for services rendered by the state or an 
        agency in furnishing to those who request them certified copies 
        of records or other documents, certifying that records or 
        documents do not exist and furnishing other reports, 
        publications, data, or related material which is requested.  The 
        fees, unless otherwise prescribed by law, may be fixed at the 
        market rate.  The commissioner of finance is authorized to 
        approve the prescribed rates for the purpose of assuring that 
        they, in total, will result in receipts greater than costs in 
        the fund. Fees prescribed under this subdivision are deposited 
        in the state treasury by the collecting agency and credited to 
        the general services revolving fund.  Nothing in this 
        subdivision permits the commissioner of administration to 
        furnish any service which is now prohibited or unauthorized by 
        law.  
           Sec. 15.  Minnesota Statutes 1992, section 16B.51, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SALE OF PUBLICATIONS.] The commissioner may sell 
        official reports, documents, data, and other publications of all 
        kinds, may delegate their sale to state agencies, and may 
        establish facilities for their sale within the department of 
        administration and elsewhere within the state service.  The 
        commissioner may remit a portion of the price of any publication 
        or data to the agency producing the publication or data.  Money 
        that is remitted to an agency is annually appropriated to that 
        agency to discharge the costs of preparing the publications or 
        data. 
           Sec. 16.  [16B.581] [DISTINCTIVE TAX-EXEMPT LICENSE 
        PLATES.] 
           Vehicles owned or leased by the state of Minnesota must 
        display distinctive tax-exempt license plates unless otherwise 
        exempted under section 168.012.  The commissioner shall design 
        these distinctive plates subject to the approval of the 
        registrar.  An administrative fee of $20 and a license plate fee 
        of $10 for two plates per vehicle or a license plate fee of $5 
        for one plate per trailer is paid at the time of registration.  
        The license plate registration is valid for the life of the 
        vehicle or until the vehicle is no longer owned or leased by the 
        state of Minnesota. 
           When the state of Minnesota applies for distinctive 
        tax-exempt plates on vehicles previously owned by local units of 
        government, it shall pay an administrative fee of $10 and a 
        plate fee that covers the cost of replacement. 
           Sec. 17.  Minnesota Statutes 1992, section 16B.85, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ALTERNATIVES TO CONVENTIONAL INSURANCE.] 
        The commissioner may implement programs of insurance or 
        alternatives to the purchase of conventional insurance for.  
        This authority does not extend to areas of risk not subject to:  
        (1) collective bargaining agreements, (2) plans established 
        under section 43A.18, or (3) programs established under sections 
        176.540 to 176.611, except for the department of 
        administration.  The mechanism for implementing possible 
        alternatives to conventional insurance is the risk management 
        fund created in subdivision 2. 
           Sec. 18.  Minnesota Statutes 1992, section 343.01, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [MINNESOTA HUMANE SOCIETY; CONTINUATION 
        CONFIRMED.] The Minnesota humane society, also known as the 
        Minnesota society for the prevention of cruelty, is confirmed 
        and continued as a nonprofit organization under chapter 317A. 
           Sec. 19.  Minnesota Statutes 1992, section 343.01, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [INDEPENDENT ORGANIZATIONS; POWERS OF THE 
        FEDERATED HUMANE SOCIETIES.] (a) The Minnesota humane society, 
        also known as the Minnesota society for the prevention of 
        cruelty, and the Minnesota federated humane societies are not 
        affiliated with each other or with the state of Minnesota.  
           (b) The Minnesota federated humane societies have the 
        powers given to it under this chapter. 
           Sec. 20.  Minnesota Statutes 1992, section 343.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [NAME OF FEDERATION UNAUTHORIZED USE OF NAMES 
        PROHIBITED.] It shall be is unlawful for any organization, 
        association, firm or corporation not authorized by named in this 
        chapter to refer to itself as or in any way to use the names 
        Minnesota federated humane societies, Minnesota society for the 
        prevention of cruelty, the Minnesota humane society, or any 
        combination of words or phrases using the above names which 
        would imply that it represents, acts in behalf or is a branch of 
        the society or the federation.  
           Sec. 21.  Minnesota Statutes 1992, section 343.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [POWERS AND DUTIES.] The federation and the 
        society must each be governed by a board of directors designated 
        in accordance with chapter 317A.  The powers, duties, and 
        organization of the federation and the society and other matters 
        for the conduct of the business of the federation shall be and 
        the society are as provided in chapter 317A and in 
        the federation's articles of incorporation and bylaws of each 
        organization. 
           Sec. 22.  Minnesota Statutes 1992, section 403.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
        customer of a local exchange company is assessed a fee to cover 
        the costs of ongoing maintenance and related improvements for 
        trunking and central office switching equipment for minimum 911 
        emergency telephone service, plus administrative and staffing 
        costs of the department of administration related to managing 
        the 911 emergency telephone service program.  Recurring charges 
        by a public utility providing telephone service for updating the 
        information required by section 403.07, subdivision 3, must be 
        paid by the commissioner for information of administration if 
        the utility is included in an approved 911 plan and the charges 
        have been certified and approved under subdivision 3.  Money 
        remaining in the 911 emergency telephone service account after 
        all other obligations are paid must not cancel and is carried 
        forward to subsequent years and may be appropriated from time to 
        time to the commissioner of administration to provide financial 
        assistance to counties for the improvement of local emergency 
        telephone services.  The improvements may include providing 
        access to minimum 911 service for telephone service subscribers 
        currently without access and upgrading existing 911 service to 
        include automatic number identification, local location 
        identification, automatic location identification, and other 
        improvements specified in revised county 911 plans approved by 
        the department. 
           (b) The fee may not be less than eight cents nor more than 
        30 cents a month for each customer access line, including trunk 
        equivalents as designated by the public utilities commission for 
        access charge purposes.  The fee must be the same for all 
        customers.  
           (c) The fee must be collected by each utility providing 
        local exchange telephone service.  Fees are payable to and must 
        be submitted to the commissioner of administration monthly 
        before the 25th of each month following the month of collection, 
        except that fees may be submitted quarterly if less than $250 a 
        month is due, or annually if less than $25 a month is due.  
        Receipts must be deposited in the state treasury and credited to 
        a 911 emergency telephone service account in the special revenue 
        fund.  The money in the account may only be used for 911 
        telephone services as provided in paragraph (a).  
           (d) The commissioner of administration, with the approval 
        of the commissioner of finance, shall establish the amount of 
        the fee within the limits specified and inform the utilities of 
        the amount to be collected.  Utilities must be given a minimum 
        of 45 days notice of fee changes. 
           Sec. 23.  Laws 1979, chapter 333, section 18, as amended by 
        Laws 1987, chapter 365, section 23, is amended to read: 
           Sec. 18.  [ADMINISTRATION] 
        General Operations and Management    15,136,500     15,595,900
         Approved Complement - 956 
          General - 485 
          Special - 11 
          Federal - 7 
          Revolving - 453 
        The amounts that may be expended from this appropriation for 
        each program are as follows: 
         Management Services 
          $ 3,311,200     $ 3,493,300 
        The commissioner of administration shall transfer two positions 
        from management analysis to records management to allow the 
        department to meet its responsibilities for records management.  
        These positions may revert to management analysis when they are 
        no longer needed to meet those responsibilities. 
         Real Property Management 
          $ 7,804,200     $ 7,780,900 
        The commissioner of administration shall charge the department 
        of transportation and the iron range resources and 
        rehabilitation board for engineering services performed on 
        behalf of these agencies. 
        The unencumbered balance in appropriation accounts 16078:14-11 
        and 16072:14-11 shall be cancelled on July 1, 1979. 
         State Agency Services 
          $ 1,224,400     $ 1,222,000 
          For 1979 - $169,200 
        $169,200 is appropriated from the general fund to the surplus 
        property revolving fund.  Of this amount, $67,700 is immediately 
        available for payment of outstanding obligations, $40,000 is 
        immediately available as working capital, and $61,500 is 
        available for the reduction of obligations incurred between 
        March 1, 1979, and February 29, 1980. 
        The commissioner of administration shall provide a monthly 
        report to the commissioner of finance consisting of:  an 
        operations statement, a balance sheet, an analysis of changes in 
        retained earnings, and a source and use of funds statement.  The 
        commissioner of finance is responsible for approving the 
        allotment of the $61,500 portion of the appropriation and shall 
        give his approval when potential deficiencies are forecast.  If 
        it appears that the $61,500 portion of the appropriation will be 
        exhausted prior to January 15, 1980, the commissioner of finance 
        shall promptly notify the governor and the legislative advisory 
        commission of the need for an additional appropriation. 
        The commissioner of administration shall by January 15, 1980, 
        provide copies of all monthly reports through the period ending 
        December 31, 1979, to the senate finance committee and the house 
        appropriations committee.  The commissioner of finance shall by 
        January 15, 1980, recommend the continuance or discontinuance of 
        the federal surplus property activity to the committee on 
        finance in the senate and the committee on appropriations of the 
        house of representatives. 
          Public Services 
           $ 1,748,900     $ 2,053,400 
        $37,000 the first year and $40,700 the second year is for the 
        state contribution to the National Conference of State 
        Legislatures. 
        $43,900 each year is for the state contribution to the Council 
        of State Governments. 
        $6,500 each year is for the expenses of the Interstate 
        Cooperation Commission. 
        $5,000 each year is for the Minnesota state employees band. 
         General Support 
          $ 1,047,800     $ 1,046,300 
        The commissioner of administration with the approval of the 
        commissioner of finance may transfer unencumbered balances not 
        specified for a particular purpose among the above programs.  
        Transfers shall be reported forthwith to the committee on 
        finance of the senate and the committee on appropriations of the 
        house of representatives. 
           Sec. 24.  Laws 1991, chapter 345, article 1, section 17, 
        subdivision 4, as amended by Laws 1992, chapter 514, section 20, 
        is amended to read: 
        Subd. 4.  Property Management 
            23,387,000      8,349,000
        $175,000 the first year and $175,000 
        the second year from the program's 
        total appropriation are for capitol 
        area repairs and replacements.  Any 
        unencumbered balance remaining in the 
        first year does not cancel and is 
        available for the second year. 
        $3,825,000 the first year and 
        $3,884,000 the second year are for 
        office space costs of the legislature 
        and veterans organizations, for 
        ceremonial space, and for statutorily 
        free space. 
        The department of administration shall 
        discontinue food service management in 
        the state office building for the 
        biennium ending June 30, 1993.  Food 
        service shall be managed by the house 
        rules committee as a pilot project for 
        the biennium.  
        $50,000 the first year is for the 
        commissioner of administration to study 
        the potential uses for the Waseca 
        campus.  The commissioner shall appoint 
        an advisory committee to assist with 
        the study.  The commissioner shall 
        report the findings and recommendations 
        from the study to the board of regents, 
        and the education, appropriations, and 
        finance committees of the legislature 
        by January 15, 1992.  The appropriation 
        is available if matched by $1 of 
        nonstate money for each $10 of this 
        appropriation. In addition, the board 
        of regents of the University of 
        Minnesota is requested to provide 
        additional funding up to $50,000 to 
        assist in the cost of the study. 
        The department of administration in 
        consultation with the capitol area 
        architectural and planning board shall 
        study the historic renovation and 
        potential reuse of the Dahl house and 
        report to the senate finance and house 
        appropriations committees by February 
        1, 1992.  
        By January 31, 1993, The department of 
        administration shall relocate the state 
        printing operation and related 
        operations from the Ford building to a 
        more suitable location, preferably 
        outside the capitol complex and shall 
        relocate and consolidate offices of the 
        attorney general in the Ford 
        building. when the Ford building shall 
        be is remodeled as office space or when 
        a replacement building is constructed 
        on the site. 
        By December 31, 1992, the department of 
        administration shall relocate the 
        office of the state auditor to a 
        location within the capitol complex. 
        $350,000 the first year is for 
        developing a framework for an 
        integrated infrastructure management 
        system including the establishment of a 
        database of building classification 
        standards.  The commissioner of 
        administration shall report by January 
        1, 1992, on the time and cost of 
        continuing the program for fiscal year 
        1993. 
        $961,000 the first year is to improve 
        security at state parking ramps and 
        lots, to be available upon final 
        enactment. 
        $13,781,000 is for the costs relating 
        to agency relocation, consolidation, 
        and collocation, to be available upon 
        final enactment. 
           Sec. 25.  [APPROPRIATION.] 
           (a) $100,000 is appropriated from the 911 emergency 
        telephone service account in the special revenue fund to the 
        commissioner of administration to provide emergency poison 
        information through the 911 emergency telephone service.  
        $50,000 is for fiscal year 1994 and $50,000 is for fiscal year 
        1995. 
           (b) $100,000 is appropriated from the 911 emergency 
        telephone service account in the special revenue fund to the 
        commissioner of administration to provide financial assistance 
        to counties for the improvement of local emergency telephone 
        services.  The improvements may include providing access to 
        minimum 911 service for telephone service subscribers currently 
        without access and upgrading existing 911 service to include 
        automatic number identification, local location identification, 
        automatic location identification, and other improvements 
        specified in revised county 911 plans approved by the department.
        $50,000 is for fiscal year 1994 and $50,000 is for fiscal year 
        1995.  
           Sec. 26.  [REPEALER.] 
           Minnesota Statutes 1992, sections 3.3026; 16B.56, 
        subdivision 4; and Laws 1987, chapter 394, section 13, are 
        repealed. 
           Sec. 27.  [EFFECTIVE DATE.] 
           Sections 7 to 10 are effective on July 1, 1994.  Sections 1 
        to 6 and 11 to 26 are effective the day following final 
        enactment. 
                                   ARTICLE 2
                              STATE BUILDING CODE
           Section 1.  Minnesota Statutes 1992, section 16B.60, 
        subdivision 3, is amended to read: 
           Subd. 3.  [MUNICIPALITY.] "Municipality" means a city, 
        county, or town meeting the requirements of section 368.01, 
        subdivision 1, the University of Minnesota, or the state for 
        public buildings and state licensed facilities.  
           Sec. 2.  Minnesota Statutes 1992, section 16B.60, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [STATE LICENSED FACILITIES.] "State licensed 
        facilities" means a building and its grounds that are licensed 
        by the state as a hospital, nursing home, supervised living 
        facility, free-standing outpatient surgical center, or 
        correctional facility. 
           Sec. 3.  Minnesota Statutes 1992, section 16B.61, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [ADMINISTRATION BY COMMISSIONER.] The 
        commissioner shall administer and enforce the state building 
        code as a municipality with respect to public buildings and 
        state licensed facilities in the state.  The commissioner shall 
        establish appropriate permit, plan review, and inspection fees 
        for public buildings and state licensed facilities.  Fees and 
        surcharges for public buildings and state licensed facilities 
        must be remitted to the commissioner, who shall deposit them in 
        the state treasury for credit to the special revenue fund. 
           Municipalities other than the state having a contractual 
        agreement with the commissioner for code administration and 
        enforcement service for public buildings and state licensed 
        facilities shall charge their customary fees, including 
        surcharge, to be paid directly to the contractual jurisdiction 
        by the applicant seeking authorization to construct a public 
        building or a state licensed facility.  The commissioner shall 
        contract with a municipality other than the state for plan 
        review, code administration, and code enforcement service for 
        public buildings and state licensed facilities in the 
        contractual jurisdiction if the building officials of the 
        municipality meet the requirements of section 16B.65 and wish to 
        provide those services and if the commissioner determines that 
        the municipality has enough adequately trained and qualified 
        building inspectors to provide those services for the 
        construction project. 
           Sec. 4.  Minnesota Statutes 1992, section 16B.61, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REVIEW OF PLANS FOR PUBLIC BUILDINGS AND STATE 
        LICENSED FACILITIES.] Construction or remodeling may not begin 
        on any public building owned by the or state licensed facility 
        until the plans and specifications of the public building have 
        been approved by the commissioner or municipality under 
        contractual agreement pursuant to subdivision 1a.  In the case 
        of any other public building, The plans and specifications must 
        be submitted to the commissioner for review, and within 30 days 
        after receipt of the plans and specifications, the 
        commissioner or municipality under contractual agreement shall 
        notify the submitting authority of any 
        recommendations corrections.  
           Sec. 5.  Minnesota Statutes 1992, section 16B.62, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MUNICIPAL ENFORCEMENT.] The state building 
        code applies statewide and supersedes the building code of any 
        municipality.  The state building code does not apply to 
        agricultural buildings except with respect to state inspections 
        required or rulemaking authorized by sections 103F.141, 216C.19, 
        subdivision 8, and 326.244.  All municipalities shall adopt and 
        enforce the state building code with respect to new construction 
        within their respective jurisdictions.  
           If a city has adopted or is enforcing the state building 
        code on June 3, 1977, or determines by ordinance after that date 
        to undertake enforcement, it shall enforce the code within the 
        city.  A city may by ordinance extend the enforcement of the 
        code to contiguous unincorporated territory not more than two 
        miles distant from its corporate limits in any direction.  Where 
        two or more noncontiguous cities which have elected to enforce 
        the code have boundaries less than four miles apart, each is 
        authorized to enforce the code on its side of a line equidistant 
        between them.  Once enforcement authority is extended 
        extraterritorially by ordinance, the authority may continue to 
        be exercised in the designated territory even though another 
        city less than four miles distant later elects to enforce the 
        code.  After the extension, the city may enforce the code in the 
        designated area to the same extent as if the property were 
        situated within its corporate limits.  
           A city which, on June 3, 1977, had not adopted the code may 
        not commence enforcement of the code within or outside of its 
        jurisdiction until it has provided written notice to the 
        commissioner, the county auditor, and the town clerk of each 
        town in which it intends to enforce the code.  A public hearing 
        on the proposed enforcement must be held not less than 30 days 
        after the notice has been provided.  Enforcement of the code by 
        the city outside of its jurisdiction commences on the first day 
        of January in the year following the notice and hearing.  
           Municipalities may provide for the issuance of permits, 
        inspection, and enforcement within their jurisdictions by means 
        which are convenient, and lawful, including by means of 
        contracts with other municipalities pursuant to section 471.59, 
        and with qualified individuals.  In areas outside of the 
        enforcement authority of a city, the fee charged for the 
        issuance of permits and inspections for single family dwellings 
        may not exceed the greater of $100 or .005 times the value of 
        the structure, addition, or alteration.  The other 
        municipalities or qualified individuals may be reimbursed by 
        retention or remission of some or all of the building permit fee 
        collected or by other means.  In areas of the state where 
        inspection and enforcement is unavailable from qualified 
        employees of municipalities, the commissioner shall train and 
        designate individuals available to carry out inspection and 
        enforcement on a fee basis.  
           Sec. 6.  Minnesota Statutes 1992, section 16B.66, is 
        amended to read: 
           16B.66 [CERTAIN INSPECTIONS.] 
           The state building inspector may, upon an application 
        setting forth a set of plans and specifications that will be 
        used in more than one municipality to acquire building permits, 
        review and approve the application for the construction or 
        erection of any building or structure designed to provide 
        dwelling space for no more than two families if the set of plans 
        meets the requirements of the state building code.  All costs 
        incurred by the state building inspector by virtue of the 
        examination of the set of plans and specifications must be paid 
        by the applicant.  The plans and specifications or any plans and 
        specifications required to be submitted to a state agency must 
        be submitted to the state building inspector who shall examine 
        them and if necessary distribute them to the appropriate state 
        agencies for scrutiny regarding adequacy as to electrical, fire 
        safety, and all other appropriate features.  These state 
        agencies shall examine and promptly return the plans and 
        specifications together with their certified statement as to the 
        adequacy of the instruments regarding that agency's area of 
        concern.  A building official shall issue a building permit upon 
        application and presentation to the official of a set of plans 
        and specifications bearing the approval of the state building 
        inspector if the requirements of all other local ordinances are 
        satisfied.  
           Sec. 7.  Minnesota Statutes 1992, section 16B.70, 
        subdivision 2, is amended to read: 
           Subd. 2.  [COLLECTION AND REPORTS.] All permit surcharges 
        must be collected by each municipality and a portion of them 
        remitted to the state.  Each municipality having a population 
        greater than 20,000 people shall prepare and submit to the 
        commissioner once a month a report of fees and surcharges on 
        fees collected during the previous month but shall retain the 
        greater of two percent of the surcharges or that amount 
        collected up to $25 to apply against the administrative expenses 
        the municipality incurs in collecting the surcharges.  All other 
        municipalities shall submit the report and surcharges on fees 
        once a quarter but shall retain the greater of four percent of 
        the surcharges or that amount collected up to $25 to apply 
        against the administrative expenses the municipalities incur in 
        collecting the surcharges.  The report, which must be in a form 
        prescribed by the commissioner, must be submitted together with 
        a remittance covering the surcharges collected by the 15th day 
        following the month or quarter in which the surcharges are 
        collected.  All surcharges and other fees prescribed by sections 
        16B.59 to 16B.71 16B.73, which are payable to the state, must be 
        paid to the commissioner who shall deposit them in the state 
        treasury for credit to the general fund. 
           Sec. 8.  Minnesota Statutes 1992, section 16B.72, is 
        amended to read: 
           16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN 
        COUNTIES.] 
           Notwithstanding any other provision of law to the contrary, 
        a county that is not a metropolitan county as defined by section 
        473.121, subdivision 4, may provide, by a vote of the majority 
        of its electors residing outside of municipalities that have 
        adopted the state building code before January 1, 1977, that no 
        part of the state building code except the building requirements 
        for handicapped persons applies within its jurisdiction.  
           The county board may submit to the voters at a regular or 
        special election the question of adopting the building code.  
        The county board shall submit the question to the voters if it 
        receives a petition for the question signed by a number of 
        voters equal to at least five percent of those voting in the 
        last general election.  The question on the ballot must be 
        stated substantially as follows:  
           "Shall the state building code be adopted in .......... 
        County?"  
           If the majority of the votes cast on the proposition is in 
        the negative, the state building code does not apply in the 
        subject county, outside home rule charter or statutory cities or 
        towns that adopted the building code before January 1, 1977, 
        except the building requirements for handicapped persons do 
        apply.  
           Nothing in this section precludes a home rule charter or 
        statutory city or town municipality that did not adopt the state 
        building code before January 1, 1977, from adopting and 
        enforcing by ordinance or other legal means the state building 
        code within its jurisdiction.  
           Sec. 9.  Minnesota Statutes 1992, section 16B.73, is 
        amended to read: 
           16B.73 [STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; 
        LOCAL OPTION.] 
           The governing body of a municipality whose population is 
        less than 2,500 may provide that the state building code, except 
        the requirements for handicapped persons, will not apply within 
        the jurisdiction of the municipality, if the municipality is 
        located in whole or in part within a county exempted from its 
        application under section 16B.72.  If more than one municipality 
        has jurisdiction over an area, the state building code continues 
        to apply unless all municipalities having jurisdiction over the 
        area have provided that the state building code, except the 
        requirements for handicapped persons, does not apply within 
        their respective jurisdictions.  Nothing in this section 
        precludes a municipality from adopting and enforcing by 
        ordinance or other legal means the state building code within 
        its jurisdiction. 
           Sec. 10.  [INSTRUCTION TO REVISOR.] 
           In the next and subsequent editions of Minnesota Statutes, 
        the revisor of statutes shall change each reference to "state 
        building inspector" to "state building official" in sections 
        16B.62, subdivision 2; 16B.63, subdivisions 1 to 4; 16B.64, 
        subdivision 7; and 16B.66. 
           Sec. 11.  [EFFECTIVE DATE.] 
           This article is effective the day following final 
        enactment, except that section 7 is effective July 1, 1994. 
           Presented to the governor May 6, 1994 
           Signed by the governor May 10, 1994, 3:45 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes