language to be deleted (2) new language
CHAPTER 2-H.F.No. 1 An act relating to capital improvements; authorizing spending to acquire and better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing sale of state bonds; requiring periodic reports on the status of authorized and outstanding state bonds; reducing 1995 appropriations; appropriating money; amending Minnesota Statutes 1994, sections 16A.672, by adding subdivisions; 16A.695, subdivisions 1, 2, 3, and by adding a subdivision; 16B.24, by adding a subdivision; 16B.335, subdivisions 1, 2, and 5; 124.431, subdivisions 2, 5, 6, 7, and 10; 124.494, subdivisions 2, 3, and 4; 136.62, subdivision 9, and by adding a subdivision; 136A.28, subdivision 7; and 446A.12, subdivision 1; Laws 1994, chapter 632, article 3, section 12; Laws 1994, chapter 643, sections 2, subdivision 15; 10, subdivision 10; 11, subdivisions 8 and 13; 19, subdivision 8; 21, subdivision 4; 23, subdivisions 7 and 28; and 26, subdivisions 3 and 4; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Laws 1991, chapter 265, article 5, section 23, as amended. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: ARTICLE 1 CAPITAL IMPROVEMENTS 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 article. SUMMARY BY FUND ADMINISTRATION $ 2,065,000 AGRICULTURE 103,000 NATURAL RESOURCES 1,875,000 POLLUTION CONTROL 750,000 HUMAN SERVICES 148,000 TRANSPORTATION 4,500,000 EDUCATION 23,670,000 MINNESOTA STATE COLLEGES AND UNIVERSITIES 750,000 PUBLIC SAFETY 410,000 BOND SALE EXPENSES 36,000 TOTAL $ 34,307,000 Bond Proceeds Fund 5,630,000 Maximum Effort School Loan Fund 23,670,000 Transportation Fund 4,500,000 General Fund 332,000 Minnesota Environment and Natural Resources Trust Fund 175,000 APPROPRIATIONS Sec. 2. ADMINISTRATION Subdivision 1. To the commissioner of administration for the purposes specified in this section $ 2,065,000 Subd. 2. Predesign Revenue Department Facility 350,000 As part of the predesign of this facility, the commissioner of administration shall assume that, to the extent feasible and cost-effective, any new jobs created in the debt collections entity will be located in a county in greater Minnesota that had a population loss of five percent or more between the 1980 and 1990 census. As part of the predesign process, the commissioner must consider options that do not require constructing a new building, including acquisition of the building currently housing the revenue department or another existing building. Subd. 3. Renovate Capitol Building 1,715,000 This appropriation is to predesign, design, renovate, and equip the Capitol building. $184,000 is from the general fund for furnishings, fixtures, equipment, and relocation expenses. The unencumbered balance from the appropriation in Laws 1990, chapter 610, article 1, section 18, item (f), to plan to remodel the Capitol, may be used to design and construct this project. Sec. 3. AGRICULTURE 103,000 This appropriation is to the commissioner of agriculture for completion of a seed potato inspection facility in East Grand Forks. The debt service cost on bonds sold to provide the money appropriated in this section must be paid from potato inspection fees charged and collected by the commissioner of agriculture under Minnesota Statutes, sections 21.115 and 27.07. Inspection fees established by the commissioner of agriculture must include appropriate charges for this debt service, which are appropriated to the commissioner for payment to the commissioner of finance under Minnesota Statutes, section 16A.643. Sec. 4. OFFICE OF ENVIRONMENTAL ASSISTANCE The appropriation of $3,000,000 in Laws 1994, chapter 643, section 24, subdivision 4, for a solid waste capital assistance program is transferred from the commissioner of the pollution control agency to the director of the office of environmental assistance. Sec. 5. NATURAL RESOURCES Subdivision 1. To the commissioner of natural resources for the purposes specified in this section 1,875,000 Subd. 2. Cannon Valley Trail Repair 175,000 This appropriation is available July 1, 1995, from the Minnesota environment and natural resources trust fund for repair of erosion damage to the Cannon Valley Trail in the vicinity of milepost 80. This appropriation is available only when the commissioner has determined that the Cannon Valley Trail joint powers board has committed sufficient additional money to complete the project. Subd. 3. Eagle Creek Acquisition 1,500,000 This appropriation is to protect the state-designated trout stream named Eagle Creek by acquiring portions of the creek and adjacent springs, seeps, wetlands, and other lands necessary to protect the creek. The lands and waters to be acquired are located in Scott county in the city of Savage and described as follows: the southernmost portion of the property commonly known as the Marshall/McCune property from the historic residence to the southern boundary of the Marshall/McCune property between Highway 13 South and the east branch of Eagle Creek; the approximately 15 acres adjacent to and immediately surrounding the headwaters of the east branch of Eagle Creek on the northwest portion of the property commonly known as the Buesing property; the approximately five acre Town and Country campground at 12630 Boone Avenue adjacent to the west branch of Eagle Creek; and the property commonly known as the Strom property through which Eagle Creek traverses, which is located south of Highway 101 between Steiner Industrial Development and the Steiner Industrial Development First Addition. The land to be acquired may include other critical lands needed to protect the creek, such as contiguous wetlands, steep slopes, rare plant communities, and habitat for endangered or threatened species. This appropriation may not be used to acquire an option to purchase land. The acquired lands and waters must be established by the commissioner of natural resources as an aquatic management area under Minnesota Statutes, section 86A.05, subdivision 14. The city of Savage shall prohibit development of any lands and waters within a corridor 200 feet wide along each side of the creek, including both the east branch and the west branch, and shall limit the use of the land within the corridor to uses that will protect the natural environment of the creek and enhance its value as a trout stream. Notwithstanding Minnesota Statutes, section 18B.02, within the watershed of Eagle Creek, except for lands zoned agricultural, the city of Savage shall impose restrictions on the application of agricultural chemicals, as defined in Minnesota Statutes, section 18D.01, subdivision 3, that would have an adverse impact on the quality of water in the creek as a habitat for trout. The city of Savage and the commissioner of natural resources shall enter into a joint review process with respect to the east branch of Eagle Creek to evaluate strategies to protect the east branch and to mitigate adverse impacts to the creek associated with development adjacent to the east branch. The city shall consult with the commissioner as part of this joint process and shall consider the commissioner's comments, but the commissioner shall not have permit or approval authority not otherwise provided by law with respect to any proposed development adjacent to the east branch. Subd. 4. Dam Safety 200,000 This appropriation is for dam safety projects under Minnesota Statutes, section 103G.511. Sec. 6. POLLUTION CONTROL 750,000 AGENCY This appropriation is to the commissioner of the pollution control agency for combined sewer overflow grants to the city of Red Wing under Minnesota Statutes, section 116.162, for projects to be begun in fiscal year 1996. The total amount of grants under this section must not exceed one-half of the capital costs of the city of Red Wing to abate combined sewer overflow. Sec. 7. HUMAN SERVICES 148,000 This appropriation is from the general fund to the commissioner of human services to demolish building No. 30 at the Moose Lake Regional Treatment Center. The commissioner shall seek reimbursement through the federal Health Care Finance Agency based on Medicare principles of reimbursements. Notwithstanding Laws 1995, chapter 226, article 1, section 11, subdivision 4, the appropriation of $80,000 in that law for the same purpose is transferred to the commissioner of human services and added to this appropriation, and the federal money received by the commissioner of human services must be retained by the commissioner of human services, not transferred to the commissioner of corrections. Sec. 8. TRANSPORTATION 4,500,000 This appropriation is from the Minnesota state transportation fund for grants to political subdivisions for the construction and reconstruction of key bridges on the state transportation system. 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 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. Sec. 9. EDUCATION Subdivision 1. 23,670,000 To the commissioner of education to make capital loans to school districts for which loans are approved in this section as provided in Minnesota Statutes, sections 124.36 to 124.46. This appropriation is from the maximum effort school loan fund. Subd. 2. Loan Approval The commissioner shall make capital loans to independent school district No. 36, Kelliher; independent school district No. 362, Littlefork-Big Falls; and independent school district No. 727, Big Lake. Capital loans to these districts are approved. Notwithstanding provisions to the contrary in Minnesota Statutes, section 124.431, subdivisions 1 and 11, the proceeds of the capital loan to independent school district No. 727, Big Lake, may be used to pay the district for costs associated with the construction of a school facility, whether or not construction of the project has been entered into or completed and without regard to the requirement that the contract for construction be entered into within 18 months after the capital loan is granted. Subd. 3. Commissioner Review The commissioner of education shall review the proposed plan and budget of the projects approved in this section and may reduce the amount of a loan to ensure that a 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 a district. Sec. 10. MINNESOTA STATE COLLEGES AND UNIVERSITIES 750,000 This appropriation is to the board of trustees of the Minnesota state colleges and universities to acquire land in the vicinity of Metropolitan State University. The state board for community colleges or the board of trustees of the Minnesota state colleges and universities may acquire land in the vicinity of Normandale Community College for parking facilities. During the biennium, Mankato State University may spend up to $15,000 of nonstate money for construction of a storage building for its manufacturing engineering technology department, to be located on property owned by the university. Sec. 11. PUBLIC SAFETY 410,000 This appropriation is for a grant to the city of Parkers Prairie to assist with the design and construction of a fire hall and city hall to replace those damaged by a propane explosion in April 1995. Sec. 12. BOND SALE EXPENSES 36,000 To the commissioner of finance for bond sale expenses under Minnesota Statutes, section 16A.641, subdivision 8. Sec. 13. BOND SALE SCHEDULE The commissioner of finance shall schedule the sale of state general obligation bonds so that, during the biennium ending June 30, 1997, no more than $458,704,000 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. During the biennium, 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. 14. [BOND SALE AUTHORIZATION.] Subdivision 1. [BOND PROCEEDS FUND.] To provide the money appropriated in this article 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 $5,630,000 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. [TRANSPORTATION FUND.] To provide the money appropriated in this article from the state transportation fund, the commissioner of finance, on request of the governor, shall sell and issue general obligation bonds of the state in an amount up to $4,500,000 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. Subd. 3. [MAXIMUM EFFORT SCHOOL LOAN FUND.] To provide the money appropriated by this article 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 $23,670,000 in the manner, on 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. Sec. 15. [BOND SALE AUTHORIZATIONS REDUCED.] The bond sale authorizations in the following laws are reduced by the amounts indicated. (1) Laws 1987, chapter 400, section 25, subdivision 1, is reduced by $50,000. (2) Laws 1987, chapter 400, section 25, subdivision 3, is reduced by $10,000. (3) Laws 1989, chapter 41, section 3, is reduced by $54,000. (4) Laws 1989, chapter 300, article 1, section 23, subdivision 1, is reduced by $65,000. (5) Laws 1990, chapter 610, article 1, section 30, subdivision 1, is reduced by $580,000. (6) Laws 1991, chapter 265, article 12, section 1, is reduced by $6,610,000. The approval of a capital loan to independent school district No. 345, New London-Spicer, in Laws 1991, chapter 265, article 12, section 2, is rescinded. (7) Laws 1992, chapter 558, section 28, subdivision 1, is reduced by $5,000. (8) Laws 1994, chapter 643, section 31, subdivision 1, is reduced by $1,245,000. Sec. 16. [16A.642] [STATE BONDS: REPORTS; CANCELLATIONS.] Subdivision 1. [REPORTS.] The commissioner of finance shall report to the chairs of the senate committee on finance and the house of representatives committees on ways and means and on capital investment by February 1 of each even-numbered year on the following: (1) all state building projects for which bonds have been authorized and issued by a law enacted more than seven years before February 1 of that even-numbered year and of which 20 percent or less of a project's authorization has been encumbered or otherwise obligated for the purpose stated in the law authorizing the issue; and (2) all state bonds authorized and issued for purposes other than building projects reported under clause (1), by a law enacted more than seven years before February 1 of that even-numbered year, and the amount of any balance that is unencumbered or otherwise not obligated for the purpose stated in the law authorizing the issue. The commissioner shall also report on bond authorizations or bond proceed balances that may be canceled because projects have been canceled, completed, or otherwise concluded, or because the purposes for which the bonds were authorized or issued have been canceled, completed, or otherwise concluded. The bond authorizations or bond proceed balances that are unencumbered or otherwise not obligated that are reported by the commissioner under this subdivision are canceled, effective July 1 of the year of the report, unless specifically reauthorized by act of the legislature. Subd. 2. [CANCELLATION.] If the commissioner determines that the purposes for which general obligation bonds of the state have been issued are accomplished or abandoned, after consultation with the affected agencies, and there is a remaining authorization for a specific project of $500 or less, the commissioner may cancel the remaining authorization for that project. The commissioner must notify the chairs of the senate finance committee and the house capital investment committee of any bond authorizations canceled under this subdivision. Sec. 17. Minnesota Statutes 1994, section 16A.672, is amended by adding a subdivision to read: Subd. 12. [EXCHANGE LISTING.] The commissioner may provide for listing of any bonds or certificates of indebtedness on an exchange or similar arrangement to facilitate their sale and exchange in the secondary market. Sec. 18. Minnesota Statutes 1994, section 16A.672, is amended by adding a subdivision to read: Subd. 13. [CONTINUING DISCLOSURE AGREEMENTS.] The commissioner and any other officer of a state department or state agency charged with the responsibility of issuing bonds for or on behalf of the state department or agency, may enter into written agreements or contracts relating to the continuing disclosure of information necessary to comply with, or facilitate the issuance of bonds in accordance with, federal securities laws, rules, and regulations, including securities and exchange commission rules and regulations, section 240.15c2-12. An agreement may be in the form of covenants with purchasers and holders of bonds set forth in the order or resolution authorizing the issuance of the bonds, or a separate document authorized by the order or resolution. Sec. 19. Minnesota Statutes 1994, section 16A.695, subdivision 1, is amended to read: Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section. (b) "State bond financed property" means property acquired or bettered in whole or in part with the proceeds of state general obligation bonds authorized to be issued under article XI, section 5, clause (a), of the Minnesota Constitution. (c) "Public officer or agency" means a state officer or agency, the University of Minnesota, the Minnesota historical society, and any county, home rule charter or statutory city, school district, special purpose district, or other public entity, or any officer or employee thereof. (d) "Fair market value" means, with respect to the sale of state bond financed property, the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal of the property, or the price bid by a purchaser under a public bid procedure after reasonable public notice. (e) "Outstanding state bonds" means the dollar amount certified by the commissioner, upon the request of a public officer or agency, to be the principal amount of state bonds, including any refunding bonds, issued with respect to the state bond financed property, less the principal amount of state bonds paid or defeased before the date of the request. Sec. 20. Minnesota Statutes 1994, section 16A.695, subdivision 2, is amended to read: Subd. 2. [LEASES AND MANAGEMENT CONTRACTS.] (a) A public officer or agency that is authorized by law to lease or enter into a management contract with respect to state bond financed property shall comply with this subdivision. (b) The lease or management contract may be entered into for the express purpose of carrying out a governmental program established or authorized by law and established by official action of the contracting public officer or agency, in accordance with orders of the commissioner intended to ensure the legality and tax-exempt status of bonds issued to finance the property, and with the approval of the commissioner. A lease or management contract, including any renewals that are solely at the option of the lessee, must be for a term substantially less than the useful life of the property, but may allow renewal beyond that term upon a determination by the lessor that the use continues to carry out the governmental program. A lease or management contract must be terminable by the contracting public officer or agency if the other contracting party defaults under the contract or if the governmental program is terminated or changed, and must provide for program oversight by the contracting public officer or agency. Money received by the public officer or agency under the lease or management contract that is not needed to pay and not authorized to be used to pay operating costs of the property, or to pay the principal, interest, redemption premiums, and other expenses when due on debt related to the property other than state bonds, must be: (1) paid to the commissioner in the same proportion as the state bond financing is to the total public debt financing for the property, excluding debt issued by a unit of government for which it has no financial liability; (2) deposited in the state bond fund
,; and (3) used to pay or redeem or defease bonds issued to finance the property in accordance with the commissioner's order authorizing their issuance ;. The money paid to the commissioner is appropriated for this purpose. (c) With the approval of the commissioner, a lease or management contract between a city and a nonprofit corporation under section 471.191, subdivision 1, need not require the lessee to pay rentals sufficient to pay the principal, interest, redemption premiums, and other expenses when due with respect to state bonds issued to acquire and better the facilities. Sec. 21. Minnesota Statutes 1994, section 16A.695, subdivision 3, is amended to read: Subd. 3. [SALE OF PROPERTY.] A public officer or agency shall not sell any state bond financed property unless the public officer or agency determines by official action that the property is no longer usable or needed by the public officer or agency to carry out the governmental program for which it was acquired or constructed, the sale is made as authorized by law, the sale is made for fair market value, and the sale is approved by the commissioner. If any state bonds issued to purchase or better the state bond financed property that is sold remain outstanding on the date of sale, the net proceeds of sale must be applied as follows: (1) if the state bond financed property was acquired and bettered solely with state bond proceeds, the net proceeds of sale must be paid to the commissioner, deposited in the state bond fund, and used to pay or redeem or defease the outstanding state bonds in accordance with the commissioner's order authorizing their issuance, and the proceeds are appropriated for this purpose; or (2) if the state bond financed property was acquired or bettered partly with state bond proceeds and partly with other money, the net proceeds of sale must firstbe used: first, to pay or redeem or defease the state bonds as provided in clause (1), andto the state the amount of state bond proceeds used to acquire or better the property; second, to pay in full any outstanding public or private debt incurred to acquire or better the property; and third, any excess over the amount needed for that purposethose purposes must be divided in proportion to the shares contributed to itsthe acquisition or betterment of the property and paid to the interested public and private entities, other than any private lender already paid in full, and the proceeds are appropriated for this purpose. When all of the net proceeds of sale have been applied as provided in this subdivision, this section no longer applies to the property. Sec. 22. Minnesota Statutes 1994, section 16A.695, is amended by adding a subdivision to read: Subd. 3a. [INVOLUNTARY SALE OF PROPERTY.] Notwithstanding subdivision 3, this subdivision applies to the sale of state bond financed property by a lender that has provided money to acquire or better the property. Purchase by the lender in a foreclosure sale, acceptance of a deed in lieu of foreclosure, or enforcement of a security interest in personal property, by the lender, is not a sale. Following purchase by the lender, the lender shall not operate the property in a manner inconsistent with the governmental program established as provided in subdivision 2, paragraph (b). The lender shall exercise its best efforts to sell the property to a third party as soon as feasible following acquisition of marketable title to the property by the lender. A sale by the lender must be made as authorized by law and must be made for fair market value. Sec. 23. Minnesota Statutes 1994, section 16B.24, is amended by adding a subdivision to read: Subd. 3a. [SALE OF REAL PROPERTY.] By February 1 of each year, the commissioner shall report to the chairs of the senate committee on finance and the house of representatives committees on ways and means and capital investment all sales or other transfers of real property owned by the state that have taken place in the preceding calendar year. The report shall include a description of the property, reason for the sale, the name of the buyer, and the price for which the property was sold. Sales of easements need not be included. This subdivision does not apply to real property held by the department of natural resources, the department of transportation, or the board of water and soil resources, except for real property that has been used for office space by any of those agencies. This subdivision does not apply to property owned by the board of trustees of the Minnesota state colleges and universities or the University of Minnesota. Sec. 24. Minnesota Statutes 1994, section 16B.335, subdivision 1, is amended to read: Subdivision 1. [CONSTRUCTION AND MAJOR REMODELING.] The commissioner, or any other recipient to whom an appropriation is made to acquire or better public lands or buildings or other public improvements of a capital nature, must not prepare final plans and specifications for any construction, major remodeling, or land acquisition in anticipation of which the appropriation was made until the agency that will use the project has presented the program plan and cost estimates for all elements necessary to complete the project to the chair of the senate finance committee and the chair of the house ways and means committee and the chairs have made their recommendations, and the chair of the house capital investment committee is notified. "Construction or major remodeling" means construction of a new building or substantial alteration of the exterior dimensions or interior configuration of an existing building. The presentation must note any significant changes in the work that will be done, or in its cost, since the appropriation for the project was enacted. The program plans and estimates must be presented for review at least two weeks before a recommendation is needed. The recommendations are advisory only. Failure or refusal to make a recommendation is considered a negative recommendation. The chairs of the senate finance committee, the house capital investment committee, and the house ways and means committee must also be notified whenever there is a substantial change in a construction or major remodeling project, or in its cost. Sec. 25. Minnesota Statutes 1994, section 16B.335, subdivision 2, is amended to read: Subd. 2. [OTHER PROJECTS.] All other capital projects for which a specific appropriation is made must not proceed until the recipient undertaking the project has notified the chair of the senate finance committee, the chair of the house capital investment committee, and the chair of the house ways and means committee that the work is ready to begin. Notice is not required for capital projects needed to comply with the Americans with Disabilities Act or funded by an agency's operating budget or by a capital asset preservation and replacement account under section 16A.632, or a higher education capital asset preservation and renewal account under section 135A.046. Sec. 26. Minnesota Statutes 1994, section 16B.335, subdivision 5, is amended to read: Subd. 5. [INFORMATION TECHNOLOGY.] Agency requests for construction and remodeling funds shall include money for cost-effective information technology investments that would enable an agency to reduce its need for office space, provide more of its services electronically, and decentralize its operations. The information policy office must review and approve the information technology portion of construction and major remodeling program plans before the plans are submitted to the chairs of the senate finance committee and the house of representatives ways and means committee for their recommendations and the chair of the house of representatives capital investment committee is notified as required by subdivision 1. Sec. 27. Minnesota Statutes 1994, section 124.431, subdivision 2, is amended to read: Subd. 2. [DISTRICT REQUEST FOR REVIEW AND COMMENT.] A school district or a joint powers district that intends to apply for a capital loan must submit a proposal to the commissioner for review and comment according to section 121.15 on or before July 1 of an odd-numbered year. The commissioner must prepare a review and comment on the proposed facility, regardless of the amount of the capital expenditure required to construct the facility. In addition to the information provided under section 121.15, subdivision 7, the commissioner shall consider the following criteria in determining whether to make a positive review and comment. (a) To grant a positive review and comment the commissioner must determine that all of the following conditions are met: (1) the facilities are needed for pupils for whom no adequate facilities exist or will exist; (2) the district will serve, on average, at least 80 pupils per grade or is eligible for sparsity revenue; (3) no form of cooperation with another district would provide the necessary facilities; (4) the facilities are comparable in size and quality to facilities recently constructed in other districts that have similar enrollments; (5) the facilities are comparable in size and quality to facilities recently constructed in other districts that are financed without a capital loan; (6) the district is projected to maintain or increase its average daily membership over the next five years or is eligible for sparsity revenue; (7) the current facility poses a threat to the life, health, and safety of pupils, and cannot reasonably be brought into compliance with fire, health, or life safety codes; (8) the district has made a good faith effort, as evidenced by its maintenance expenditures, to adequately maintain the existing facility during the previous ten years and to comply with fire, health, and life safety codes and state and federal requirements for handicapped accessibility; (9) the district has made a good faith effort to encourage integration of social service programs within the new facility; and (10) evaluations by school boards of adjacent districts have been received. (b) The commissioner may grant a negative review and comment if: (1) the state demographer has examined the population of the communities to be served by the facility and determined that the communities have not grown during the previous five years; (2) the state demographer determines that the economic and population bases of the communities to be served by the facility are not likely to grow or to remain at a level sufficient, during the next ten years, to ensure use of the entire facility; (3) the need for facilities could be met within the district or adjacent districts at a comparable cost by leasing, repairing, remodeling, or sharing existing facilities or by using temporary facilities; (4) the district plans do not include cooperation and collaboration with health and human services agencies and other political subdivisions; or (5) if the application is for new construction, an existing facility that would meet the district's needs could be purchased at a comparable cost from any other source within the area. Sec. 28. Minnesota Statutes 1994, section 124.431, subdivision 5, is amended to read: Subd. 5. [DISTRICT APPLICATION FOR CAPITAL LOAN.] The school board of a district desiring a capital loan shall adopt a resolution stating the amount proposed to be borrowed, the purpose for which the debt is to be incurred, and an estimate of the dates when the facilities for which the loan is requested will be contracted for and completed. Applications for loans must be accompanied by a copy of the adopted board resolution and copies of the adjacent district evaluations. The evaluation shall be retained by the commissioner as part of a permanent record of the district submitting the evaluation. Applications must be in the form and accompanied by the additional data required by the commissioner. Applications must be received by the commissioner by NovemberSeptember 1 of an odd-numbered year. A district must resubmit an application each odd-numbered year. Capital loan applications that do not receive voter approval or are not approved in law cancel July 1 of the year following application. When an application is received, the commissioner shall obtain from the commissioner of revenue the information in the revenue department's official records that is required to be used in computing the debt limit of the district under section 475.53, subdivision 4. Sec. 29. Minnesota Statutes 1994, section 124.431, subdivision 6, is amended to read: Subd. 6. [STATE BOARD REVIEW; DISTRICT PROPOSALS.] By JanuaryNovember 1 of each odd-numbered year, the state board must review all applications for capital loans that have received a positive review and comment. When reviewing applications, the state board shall consider whether the criteria in subdivision 2 have been met. The state board may not approve an application if all of the required deadlines have not been met. The state board may either approve or reject an application for a capital loan. Sec. 30. Minnesota Statutes 1994, section 124.431, subdivision 7, is amended to read: Subd. 7. [RECOMMENDATIONS OF THE COMMISSIONER.] The commissioner shall examine and consider applications for capital loans that have been approved by the state board of education, and promptly notify any district rejected by the state board of the state board's decision. The commissioner shall report each capital loan that has been approved by the state board and that has received voter approval to the education committees of the legislature by FebruaryJanuary 1 of each even-numbered year. The commissioner must not report a capital loan that has not received voter approval. The commissioner shall also report on the money remaining in the capital loan account and, if necessary, request that another bond issue be authorized. Sec. 31. Minnesota Statutes 1994, section 124.431, subdivision 10, is amended to read: Subd. 10. [DISTRICT REFERENDUM.] After receipt of the review and comment on the project and before FebruaryJanuary 1 of the even-numbered year, the question authorizing the borrowing of money for the facilities must be submitted by the school board to the voters of the district at a regular or special election. The question submitted must state the total amount to be borrowed from all sources. Approval of a majority of those voting on the question is sufficient to authorize the issuance of the obligations on public sale in accordance with chapter 475. The face of the ballot must include the following statement: "APPROVAL OF THIS QUESTION DOES NOT GUARANTEE THAT THE SCHOOL DISTRICT WILL RECEIVE A CAPITAL LOAN FROM THE STATE. THE LOAN MUST BE APPROVED BY THE STATE LEGISLATURE AND IS DEPENDENT ON AVAILABLE FUNDING." The district shall mail to the commissioner of education a certificate by the clerk showing the vote at the election. Sec. 32. Minnesota Statutes 1994, section 124.494, subdivision 2, is amended to read: Subd. 2. [REVIEW BY COMMISSIONER.] (a) Any group of districts that submits an application for a grant shall submit a proposal to the commissioner for review and comment under section 121.15, and the commissioner shall prepare a review and comment on the proposed facility by July 1 of an odd-numbered year, regardless of the amount of the capital expenditure required to acquire, construct, remodel or improve the secondary facility. The commissioner must not approve an application for an incentive grant for any secondary facility unless the facility receives a favorable review and comment under section 121.15 and the following criteria are met: (1) a minimum of two or more districts, with kindergarten to grade 12 enrollments in each district of no more than 1,200 pupils, enter into a joint powers agreement; (2) a joint powers board representing all participating districts is established under section 471.59 to govern the cooperative secondary facility; (3) the planned secondary facility will result in the joint powers district meeting the requirements of Minnesota Rules, parts 3500.2010 and 3500.2110; (4) at least 198 pupils would be served in grades 10 to 12, 264 pupils would be served in grades 9 to 12, or 396 pupils would be served in grades 7 to 12; (5) no more than one superintendent is employed by the joint powers board as a result of the cooperative secondary facility agreement; (6) a statement of need is submitted, that may include reasons why the current secondary facilities are inadequate, unsafe or inaccessible to the handicapped; (7) an educational plan is prepared, that includes input from both community and professional staff; (8) a combined seniority list for all participating districts is developed by the joint powers board; (9) an education program is developed that provides for more learning opportunities and course offerings, including the offering of advanced placement courses, for students than is currently available in any single member district; (10) a plan is developed for providing instruction of any resident students in other districts when distance to the secondary education facility makes attendance at the facility unreasonably difficult or impractical; and (11) the joint powers board established under clause (2) discusses with technical colleges located in the area how vocational education space in the cooperative secondary facility could be jointly used for secondary and post-secondary purposes. (b) To the extent possible, the joint powers board is encouraged to provide for severance pay or for early retirement incentives under section 125.611, for any teacher or administrator, as defined under section 125.12, subdivision 1, who is placed on unrequested leave as a result of the cooperative secondary facility agreement. (c) For the purpose of paragraph (a), clause (8), each school district must be considered to have started school each year on the same date. (d) The districts may develop a plan that provides for the location of social service, health, and other programs serving pupils and community residents within the cooperative secondary facility. The commissioner shall consider this plan when preparing a review and comment on the proposed facility. (e) The districts shall schedule and conduct a meeting on library services. The school districts, in cooperation with the regional public library system and its appropriate member libraries, shall discuss the possibility of including jointly operated library services at the cooperative secondary facility. (f) The school board of a district that has reorganized under section 122.23 or 122.243 and that is applying for a grant for remodeling or improving an existing facility may act in the place of a joint powers board to meet the criteria of this subdivision. Sec. 33. Minnesota Statutes 1994, section 124.494, subdivision 3, is amended to read: Subd. 3. [DISTRICT PROCEDURES.] A joint powers board of a secondary district established under subdivision 2 or a school board of a reorganized district that intends to apply for a grant shall adopt a resolution stating the proposed costs of the project, the purpose for which the costs are to be incurred, and an estimate of the dates when the facilities for which the grant is requested will be contracted for and completed. Applications for the state grants must be accompanied by (a) a copy of the resolution, (b) a certificate by the clerk and treasurer of the joint powers board showing the current outstanding indebtedness of each member district, and (c) a certificate by the county auditor of each county in which a portion of the joint powers district lies showing the information in the auditor's official records that is required to be used in computing the debt limit of the district under section 475.53, subdivision 4. The clerk's and treasurer's certificate shall show, as to each outstanding bond issue of each member district, the amount originally issued, the purpose for which issued, the date of issue, the amount remaining unpaid as of the date of the resolution, and the interest rates and due dates and amounts of principal thereon. Applications and necessary data must be in the form prescribed by the commissioner and the rules of the state board of education. Applications must be received by the commissioner by September 1 of an odd-numbered year. When an application is received, the commissioner shall obtain from the commissioner of revenue, and from the public utilities commission when required, the information in their official records that is required to be used in computing the debt limit of the joint powers district under section 475.53, subdivision 4. Sec. 34. Minnesota Statutes 1994, section 124.494, subdivision 4, is amended to read: Subd. 4. [AWARD OF GRANTS.] By November 1 of the odd-numbered year, the commissioner shall examine and consider all applications for grants, and if any district is found not qualified, the commissioner shall promptly notify that board. A grant award is subject to verification by the district as specified in subdivision 6. A grant award for a new facility must not be made until the site of the secondary facility has been determined. A grant award to remodel or improve an existing facility must not be made until the districts have reorganized. If the total amount of the approved applications exceeds the amount that is or can be made available, the commissioner shall allot the available amount equally between the approved applicant districts. The commissioner shall promptly certify to each qualified district the amount, if any, of the grant awarded to it. Sec. 35. Minnesota Statutes 1994, section 136.62, subdivision 9, is amended to read: Subd. 9. [AUTHORIZATION TO SEEK FINANCING.] A community college must not seek financing for child care facilities or parking facilities through the higher education facilities authority, as provided in section 136A.28, subdivision 3, without the explicit authorization of the state board. Sec. 36. Minnesota Statutes 1994, section 136.62, is amended by adding a subdivision to read: Subd. 10. [PARKING FACILITIES.] State appropriations for repair or construction of parking facilities must not be used for more than one-half of the repair or construction cost of a parking facility at any community college campus. The campus must provide the remaining costs through user fees. Sec. 37. [PARKING FACILITIES REPORT.] By January 1, 1996, the board of trustees of the Minnesota state colleges and universities must develop and implement a plan to finance all repair and construction costs for parking facilities with user fees. The plan must be reported to the legislature by February 1, 1996. Sec. 38. Minnesota Statutes 1994, section 136A.28, subdivision 7, is amended to read: Subd. 7. "Participating institution of higher education" means an institution of higher education that, under the provisions of sections 136A.25 to 136A.42, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in sections 136A.25 to 136A.42. Community colleges and technical colleges may be considered participating institutions of higher education for the purpose of financing and constructing child care facilities and parking facilities. Sec. 39. Minnesota Statutes 1994, section 446A.12, subdivision 1, is amended to read: Subdivision 1. [BONDING AUTHORITY.] The authority may issue negotiable bonds in a principal amount that the authority determines necessary to provide sufficient funds for achieving its purposes, including the making of loans and purchase of securities, the payment of interest on bonds of the authority, the establishment of reserves to secure its bonds, the payment of fees to a third party providing credit enhancement, and the payment of all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers, but not including the making of grants. Bonds of the authority may be issued as bonds or notes or in any other form authorized by law. The principal amount of bonds issued and outstanding under this section at any time may not exceed $350,000,000$450,000,000, excluding bonds for which refunding bonds or crossover refunding bonds have been issued. Sec. 40. Laws 1994, chapter 632, article 3, section 12, is amended to read: Sec. 12. MILITARY AFFAIRS 50,000 This appropriation is to the adjutant general for a grant to the Minnesota National Guard youth camp to set up and provide initial funding for a foundation to run the camp. The appropriation must beis available only as matched, dollar for dollar, by an equal amount from nonstate sources. Sec. 41. Laws 1994, chapter 643, section 2, subdivision 15, is amended to read: Subd. 15. Science Museum of Minnesota 1,000,000 This appropriation is for a grant to the city of St. Paul to planfor predesign and design of a science museum as authorized by section 81, subject to new Minnesota Statutes, section 16A.695. This appropriation is not available until the city of St. Paul has delivered to the commissioner a certified copy of a resolution of the city of St. Paul requesting payment and evidencing the commitment of the city to make a city-owned riverfront site available for the museum at no cost to the nonprofit organization that will operate the museum and the commissioner has determined that the necessary financing to complete the design of the museum$2 has been committed by nonstate sources for each $1 from this appropriation. Sec. 42. Laws 1994, chapter 643, section 10, subdivision 10, is amended to read: Subd. 10. Rochester Technical College 1,200,000 This appropriation is to prepare working drawings forpredesign and design an integrated campus in accordance with this subdivision. $600,000 of this appropriation is available immediately. The remainder is available after a master academic plan has been approved under clause (3) and the technical college has been sold. (1) Rochester independent school district No. 535 andThe stateboard of technical collegestrustees of the Minnesota state colleges and universities may enter into an agreement for the sale of the Rochester Technical College. The sale is contingent on statethe approval of the board of technical colleges approval and passage of a referendum by the voters in Rochester school district No. 535trustees and a determination by the board of trustees that the sale is consistent with its priorities. The sale price shall equal the appraised value if sold to independent school district No. 535, Rochester, or, if sold to any other party, the sale price shall not be less than the appraised value. It is the intent of the legislature that no technical college program reduction, apart from normal program review, shall occur as a result of this sale. (2) The sale shall not cause the technical college to lease space or to move to any temporary site. (3) Prior to the preparation of design documents, the post-secondary boards and the relevant campus staff shall jointly prepare a master academic plan for an integrated campus for the Rochester center facility. The boards shall consider the creation of a polytechnic university. Program review by the higher education coordinating board shall be done in accordance with Minnesota Statutes, section 136A.04. The plan shall be submitted to the higher education board for approval by December 1, 1994. If approved,The plan shall be submitted for review to the higher education finance divisions by January 1516, 19951996, and must be approved by the legislature before the remaining $600,000 of the appropriation is available. The state board of technical colleges, in cooperation with the state board of community colleges, shall not proceed with working drawings until after passage of the referendum and after the master academic plan has been approved by the higher education board.(4) The proceeds from the sale of the technical college to Rochester independent school district No. 535,are appropriated for the planningdesign and construction necessary to integrate technical college programs into the Rochester center and to add or modify space where necessary. The new technical college program space must be attached to and must maximize the current services, space, and programs of the technical college, community college, state university, and University of Minnesota cooperative campus. The state board of technical collegestrustees may not begin construction of this project until the legislature has approved the construction plans. (5) The state board of technical collegestrustees shall develop a plan to relocate to the Austin, Faribault, and other Southeastern Minnesota campuses all Rochester campus programs that are not essential to the integrated mission planned for the Rochester center facility. This plan must be completed prior to preparing design documents for the technical college addition to the Rochester center. (6) The state board of technical collegestrustees shall consider relocating the horticulture technology program from the Rochester campus to the Austin campus of Riverland technical college before the start of the 1995-1996 academic year. Sec. 43. Laws 1994, chapter 643, section 11, subdivision 8, is amended to read: Subd. 8. Minneapolis Community College 375,000 This appropriation is to prepare working drawingsdesign documents to remodel and construct new space at the campus for joint use with Minneapolis Technical College. The appropriation is available only after an approved master academic plan has been developed for the campus. The master academic plan shall be developed jointly with representation from each of the public post-secondary systemscampuses. The higher education board shall review the plan. The appropriation is available if the higher education board approves the plan. Sec. 44. Laws 1994, chapter 643, section 11, subdivision 13, is amended to read: Subd. 13. Vermilion Community College 120,000 This appropriation is to prepare schematic plans to remodel and construct space for labs, classrooms, student services, campus center, learning resource center, and institutional services. The appropriation is available only after a master academic plan has been developed for the campus and approved by the higher education board. The master academic plan shall be developed jointly with representation from each of the public post-secondary systems. Sec. 45. Laws 1994, chapter 643, section 19, subdivision 8, is amended to read: Subd. 8. Battle Point Historic Site 350,000 For constructiondesign of the Battle Point historic site, preliminary plans for which were authorized in Laws 1990, chapter 610, article 1, section 17, and Laws 1992, chapter 558, section 24, subdivision 5. Notwithstanding Laws 1990, chapter 610, article 1, section 17, the planned educational center will be owned by independent school district No. 115, Cass Lake-Bena, and is subject to Minnesota Statutes, section 16A.695. The center must be constructed on land leased to the school district by the Leech Lake Band of Chippewa Indians under a ground lease having an initial term of at least 20 years and a total term of at least 40 years, including renewal options. The school district must contract with the Leech Lake Band to operate the center on behalf of the council. The center and all classes and programs run by or through the center must be open to the public. Sec. 46. Laws 1994, chapter 643, section 21, subdivision 4, is amended to read: Subd. 4. Tourism and Exposition Centers 2,200,000 For two grants to political subdivisions for exhibition space for tourism and exposition centers. One grant must be for $1,000,000 to the southwest regional development commission for the Prairieland Expo facility to develop construction planning documents for capital improvements, and to acquire land for the facility. This grant is subject to new Minnesota Statutes, section 16A.695. It is the legislature's expectation that the commission will secure a grant from the department of transportation's intermodal surface transportation efficiency act funds. The other grant must be for capital improvements for a publicly owned tourism and exposition center selected by the commissioner and located in northeastern Minnesota. Sec. 47. Laws 1994, chapter 643, section 23, subdivision 7, is amended to read: Subd. 7. Forestry Air Tanker Facilities 368,000 To replace temporary buildings,upgrade equipment, andconstruct fuel and fire retardant spill containment systems at air tanker bases at Bemidji, Hibbing, and Brainerd, and replace the temporary building at Bemidji. $183,000 of this appropriation is for state funding of the Bemidji site and is contingent upon commitment of $200,000 in matching funds from the United States Bureau of Indian Affairs. Sec. 48. Laws 1994, chapter 643, section 23, subdivision 28, is amended to read: Subd. 28. Environmental Learning Centers 11,500,000 This appropriation is to the commissioner of natural resources to plan, design, and construct facilities owned by political subdivisions at residential environmental learning centers as provided in this subdivision and new Minnesota Statutes, section 84.0875. The appropriations in items (a) through (e) are available as follows: (1) of the $7,500,000 total, $5,000,000 is available only when the commissioner has determined that matching money in the sum of $17,500,000$12,500,000 has been committed by nonstate sources; and (2) the remaining $2,500,000 is available to the extent that matching money in the amount of $2 for each $1 of state money is committed by nonstate sources, as determined by the commissioner, provided that money may not be spent under this sentence until the amount available, including matching money, is sufficient to complete a functional improvement. (a) Long Lake Conservation Center 1,200,000 This appropriation is for a grant to Aitkin county. (b) Deep Portage Conservation Reserve 1,470,000 This appropriation is for a grant to Cass county. (c) Wolf Ridge Environmental Learning Center 2,100,000 This appropriation is for a grant to independent school district No. 381, Lake Superior. (d) Northwoods Audubon Center 1,080,000 This appropriation is for a grant to independent school district No. 2580, East Central. (e) Forest Resource Center 1,650,000 This appropriation is for a grant to independent school district No. 229, Lanesboro. If land and improvements in Fillmore county that were conveyed by the state to Southern Minnesota Forest Resource Center under Laws 1990, chapter 452, section 7, are pledged as security for a loan to assist with the completion of this project, the right of reverter retained by the state is waived in favor of the lender. (f) Agassiz Environmental Learning Center 300,000 This appropriation is for a grant to the city of Fertile. (g) Laurentian Environmental Learning Center 450,000 This appropriation is for a grant to independent school district No. 621, Mounds View. (h) Prairie Woods Environmental Learning Center 250,000 This appropriation is for a grant to Kandiyohi county. (i) Prairie Wetlands Environmental Learning Center 3,000,000 This appropriation is for a grant to the city of Fergus Falls. Appropriations in this subdivision must be used for qualified capital expenditures. Sec. 49. Laws 1994, chapter 643, section 26, subdivision 3, is amended to read: Subd. 3. RIM Conservation Easement Acquisition 9,000,000 This appropriation is for the purposes specified in paragraphs (a) to (c). (a) To acquire conservation easements from landowners on marginal lands to protect soil and water quality and to support fish and wildlife habitat as provided in Minnesota Statutes, section 103F.515. (b) To acquire perpetual conservation easements on existing type 1, 2, and 3 wetlands, adjacent lands, and for the establishment of permanent cover on adjacent lands, in accordance with Minnesota Statutes, section 103F.516. (c) Up to $300,000 of this appropriation may be used to establish and restore wetlands to provide credits for deposit in the state wetland bank established under Minnesota Statutes, section 103G.2242, subdivision 1. The board may enter into agreements with local government units and the commissioner of transportation for this purpose. An agreement with the commissioner of transportation may provide for borrowing or acquiring existing wetland credits from the wetland bank established by the commissioner. Proceeds from the sale of credits provided under this paragraph are appropriated to the board for the purposes of paragraph (b). Sales of credits provided under this paragraph need not be made for fair market value when the sale is to a public entity. Sec. 50. Laws 1994, chapter 643, section 26, subdivision 4, is amended to read: Subd. 4. Work Program The board of water and soil resources must submit a work program and semiannual progress reports in the form determined by the legislative water commission and request its recommendation before spending any money appropriated by subdivisions 42 and 53. 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. 51. [MANKATO STATE.] Mankato State University may sell to the city of Mankato for fair market value approximately 2.66 acres of land in the area of Warren Street, Stadium Road, and Hiniker Mill Road for use as a detention basin. The university may also grant the city of Mankato a permanent utility easement in order to provide the city access to the basin. Sec. 52. [REPEALER.] Laws 1991, chapter 265, article 5, section 23, as amended by Laws 1992, chapter 499, article 5, section 25, is repealed. Sec. 53. [EFFECTIVE DATE.] This article is effective the day after its final enactment; section 17 applies to state bonds and certificates of indebtedness, regardless of whether they were issued on, before, or after that date. ARTICLE 2 APPROPRIATION REDUCTIONS Section 1. [APPROPRIATION REDUCTIONS; SUMMARY.] Subdivision 1. [SUMMARY.] The amounts set forth in parentheses in the column headed "APPROPRIATION REDUCTIONS" are reductions from appropriations for the fiscal year ending June 30, 1995. SUMMARY BY FUND APPROPRIATION REDUCTIONS General Fund $ (10,699,000) Subd. 2. Legislative Coordinating Commission (500,000) This reduction is taken from appropriations made in Laws 1993, chapter 192, Laws 1994, chapter 632, or other law, and shall be allocated by the legislative coordinating commission among the senate, the house of representatives, and the legislative commissions. Subd. 3. Environment and Natural Resources (a) Department of Agriculture (113,000) (b) Office of Environmental Assistance (50,000) (c) Pollution Control Agency (569,000) (d) Department of Natural Resources (802,000) Subd. 4. Education Department of Education (200,000) Subd. 5. Health and Human Services (a) Department of Human Services (2,000,000) (b) Department of Health (250,000) Subd. 6. Transportation (a) Department of Transportation (70,000) (b) Department of Public Safety (128,000) Subd. 7. Economic Development, Infrastructure, and Regulation (a) Department of Commerce (503,000) (b) Department of Economic Security (78,000) (c) Department of Labor and Industry (139,000) (d) Department of Public Service (175,000) (e) Department of Trade and Economic Development (371,000) Subd. 8. State Government (a) Department of Administration (200,000) (b) Department of Employee Relations (600,000) (c) Department of Finance (350,000) (d) Department of Human Rights (85,000) (e) Department of Military Affairs (292,000) (f) Department of Revenue (600,000) Subd. 9. Judiciary Finance (a) Department of Corrections (2,510,000) (b) Department of Public Safety (114,000) Sec. 2. [AGENCY DUTIES TO UNALLOT.] Each agency of the executive branch shall unallot as necessary to accomplish its reductions. Each executive branch agency shall provide a listing to the commissioner of finance, the chair of the senate finance committee, and the chair of the ways and means committee of the house of representatives by June 1, 1995, of the appropriation accounts to be reduced. The commissioner of finance shall effect these reductions by June 15, 1995. Sec. 3. [APPROPRIATION.] $20,000 is appropriated from the general fund to the peace officer standards and training board for the fiscal year ending June 30, 1995. This appropriation is added to the appropriation in Laws 1993, chapter 146, article 2, section 2, to provide for staffing and general operating costs of the board, including legal fees. Sec. 4. [EFFECTIVE DATE.] This article is effective the day following final enactment. Presented to the governor May 26, 1995 Signed by the governor June 8, 1995, 12:58 p.m.