Office of the Revisor of Statutes
Minnesota Session Laws - 1995, 1st Special Session
Key: (1) 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 first be used: first, to
pay or redeem or defease the state bonds as provided in clause
(1), and to 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 purpose those purposes must be divided in proportion to
the shares contributed to its the 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 November September 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
January November 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
February January 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 February January 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 be is 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 plan for
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 for predesign 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 and The state board of
technical colleges trustees 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 state the approval of the
board of technical colleges approval
and passage of a referendum by the
voters in Rochester school district No.
535 trustees 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 15 16, 1995 1996, 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 planning
design 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
colleges trustees may not begin
construction of this project until the
legislature has approved the
construction plans.
(5) The state board of technical
colleges trustees 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
colleges trustees 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 drawings design 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 systems campuses. 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 construction design 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, and construct 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 4 2
and 5 3. 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.
Official Publication of the State of Minnesota
Revisor of Statutes