Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 206-S.F.No. 420
An act relating to state agencies; modifying
department of administration authority for elevator
regulation, the building code, leases, and other
administrative matters; modifying lighting standards;
modifying licensure provisions for manufactured home
installers; amending Minnesota Statutes 1996, sections
16B.24, subdivisions 6 and 6a; 16B.482; 16B.49;
16B.50; 16B.54, subdivision 8; 16B.72; 16B.73;
16B.747, subdivision 3; 216C.195, subdivision 3; and
326.841; Laws 1996, chapter 463, section 13,
subdivision 7; repealing Minnesota Statutes 1996,
sections 15.171; 15.172; 15.173; 15.174; and 16B.88,
subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 16B.24,
subdivision 6, is amended to read:
Subd. 6. [PROPERTY RENTAL LEASES.] (a) [LEASES.] The
commissioner shall rent lease land and other premises when
necessary for state purposes. Notwithstanding subdivision 6a,
paragraph (a), the commissioner may lease land or premises for
up to ten years, subject to cancellation upon 30 days' written
notice by the state for any reason except lease of other
non-state-owned land or premises for the same use. The
commissioner may not lease non-state-owned land and buildings or
substantial portions of land or buildings within the capitol
area as defined in section 15.50 unless the commissioner first
consults with the capitol area architectural and planning
board. If the commissioner enters into a lease-purchase
agreement for buildings or substantial portions of buildings
within the capitol area, the commissioner shall require that any
new construction of non-state-owned buildings conform to design
guidelines of the capitol area architectural and planning
board. Lands needed by the department of transportation for
storage of vehicles or road materials may be leased for five
years or less, such leases for terms over two years being
subject to cancellation upon 30 days written notice by the state
for any reason except lease of other non-state-owned land or
premises for the same use. An agency or department head must
consult with the chairs of the house appropriations and senate
finance committees before entering into any agreement that would
cause an agency's rental costs to increase by ten percent or
more per square foot or would increase the number of square feet
of office space rented by the agency by 25 percent or more in
any fiscal year.
(b) [USE VACANT PUBLIC SPACE.] No agency may initiate or
renew a lease for space for its own use in a private building
unless the commissioner has thoroughly investigated presently
vacant space in public buildings, such as closed school
buildings, and found that none is available or use of the space
is not feasible, prudent, and cost-effective compared with
available alternatives.
(c) [PREFERENCE FOR CERTAIN BUILDINGS.] For needs beyond
those which can be accommodated in state-owned buildings, the
commissioner shall acquire and utilize space in suitable
buildings of historical, architectural, or cultural significance
for the purposes of this subdivision unless use of that space is
not feasible, prudent and cost-effective compared with available
alternatives. Buildings are of historical, architectural, or
cultural significance if they are listed on the national
register of historic places, designated by a state or county
historical society, or designated by a municipal preservation
commission.
(d) [RECYCLING SPACE.] Leases for space of 30 days or more
for 5,000 square feet or more must require that space be
provided for recyclable materials.
Sec. 2. Minnesota Statutes 1996, section 16B.24,
subdivision 6a, is amended to read:
Subd. 6a. [LEASE-PURCHASE AGREEMENT; CANCELLATION.] (a)
With the approval of the commissioner of finance and the
recommendation of the legislative advisory commission, the
commissioner of administration may enter into lease-purchase
agreements. A lease-purchase agreement must provide the state
with a unilateral right to purchase the leased premises at
specified times for specified amounts. Under these lease
agreements, the lease rental rates shall not be more than market
rental rates. Notwithstanding subdivision 6, the term of the
lease may be for more than ten years, but must not exceed 20
years. Prior to exercising the state's right to purchase the
premises, the purchase must be approved by an act of the
legislature.
(b) A lease-purchase agreement entered into under paragraph
(a) must be subject to cancellation by the state for any reason
except rental lease of other non-state-owned land or premises
for the same use.
Sec. 3. Minnesota Statutes 1996, section 16B.482, is
amended to read:
16B.482 [REIMBURSEMENT FOR MATERIALS AND SERVICES.]
The commissioner of administration may provide materials
and services under this chapter to state legislative and
judicial branch agencies, political subdivisions, the Minnesota
state colleges and universities, the University of Minnesota,
and federal government agencies. Legislative and judicial
branch agencies, political subdivisions, the Minnesota state
colleges and universities, the University of Minnesota, and
federal government agencies purchasing materials and services
from the commissioner of administration shall reimburse the
general services, intertechnologies, and cooperative purchasing,
and motor pool revolving funds for cost.
Sec. 4. Minnesota Statutes 1996, section 16B.49, is
amended to read:
16B.49 [CENTRAL MAILING SYSTEM.]
The commissioner shall maintain and operate for state
agencies, departments, institutions, and offices a
central mailing system mail handling unit. Official mail of an
agency occupying quarters within the boundaries of the city of
St. Paul must be delivered unstamped to the central mailing
station. Official, outgoing mail for units in St. Paul must be
delivered unstamped to the unit. The unit shall also operate an
interoffice mail distribution system. The department may add
personnel and acquire equipment that may be necessary to operate
the unit efficiently and cost-effectively. Account must be kept
of the postage required on that mail, which is then a proper
charge against the agency delivering the mail. To provide funds
for the payment of postage, each agency shall make advance
payments to the commissioner sufficient to cover its postage
obligations for at least 60 days. For purposes of this section,
the Minnesota state colleges and universities is a state agency.
Sec. 5. Minnesota Statutes 1996, section 16B.50, is
amended to read:
16B.50 [CENTRAL DUPLICATING AND PRINTING
COMMUNICATIONS.MEDIA DIVISION.]
The commissioner shall maintain and operate for agencies a
central duplicating and printing communications.media division
which that is responsible for all duplicating and printing
services. The commissioner shall prescribe and designate
classes of state printing. The duplicating and printing work to
be done by the division is restricted to producing any form,
booklet or pamphlet to the extent the commissioner deems
appropriate.
Sec. 6. Minnesota Statutes 1996, section 16B.54,
subdivision 8, is amended to read:
Subd. 8. [MOTOR POOL REVOLVING ACCOUNT.] (a) [ACCOUNT
ESTABLISHED.] Money or reimbursements the commissioner receives
from the operation of the central motor pool is deposited in the
state treasury and credited to a motor pool revolving account.
Money in the account is annually appropriated to the
commissioner to carry out this section. The motor pool
revolving account may be used to provide material transfer
services to agencies.
(b) [UNOBLIGATED EXCESS TRANSFERRED.] When the unobligated
amount of money in the state treasury credited to the motor pool
revolving account exceeds the sum of $438,000 average monthly
operating expense at the end of any the fiscal year, the
unobligated amount in excess of $438,000 one month's operating
expense must be transferred to the general fund in the state
treasury.
Sec. 7. Minnesota Statutes 1996, section 16B.72, is
amended to read:
16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN
COUNTIES.]
Notwithstanding any other provision of law to the contrary,
a county that is not a metropolitan county as defined by section
473.121, subdivision 4, may provide, by a vote of the majority
of its electors residing outside of municipalities that have
adopted the state building code before January 1, 1977, that no
part of the state building code except the building requirements
for handicapped persons and the requirements for elevator safety
applies within its jurisdiction.
The county board may submit to the voters at a regular or
special election the question of adopting the building code.
The county board shall submit the question to the voters if it
receives a petition for the question signed by a number of
voters equal to at least five percent of those voting in the
last general election. The question on the ballot must be
stated substantially as follows:
"Shall the state building code be adopted in ..........
County?"
If the majority of the votes cast on the proposition is in
the negative, the state building code does not apply in the
subject county, outside home rule charter or statutory cities or
towns that adopted the building code before January 1, 1977,
except the building requirements for handicapped persons and the
requirements for elevator safety do apply.
Nothing in this section precludes a municipality or town
that did not adopt the state building code before January 1,
1977, from adopting and enforcing by ordinance or other legal
means the state building code within its jurisdiction.
Sec. 8. Minnesota Statutes 1996, section 16B.73, is
amended to read:
16B.73 [STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500;
LOCAL OPTION.]
The governing body of a municipality whose population is
less than 2,500 may provide that the state building code, except
the requirements for handicapped persons and the requirements
for elevator safety, will not apply within the jurisdiction of
the municipality, if the municipality is located in whole or in
part within a county exempted from its application under section
16B.72. If more than one municipality has jurisdiction over an
area, the state building code continues to apply unless all
municipalities having jurisdiction over the area have provided
that the state building code, except the requirements for
handicapped persons and the requirements for elevator safety,
does not apply within their respective jurisdictions. Nothing
in this section precludes a municipality or town from adopting
and enforcing by ordinance or other legal means the state
building code within its jurisdiction.
Sec. 9. Minnesota Statutes 1996, section 16B.747,
subdivision 3, is amended to read:
Subd. 3. [PERMISSIVE MUNICIPAL REGULATION.] A municipality
that conducts may conduct a system of elevator inspection on a
periodic basis in conformity with this chapter, state building
code requirements, and adopted rules, and that employs or
contracts with inspectors meeting the minimum requirements
established by rule, may provide for that includes the
inspection of elevator installation, repair, alteration, and
removal, construction, and the periodic routine inspection
of routine and periodic inspection and testing of existing
elevators. The municipality shall employ inspectors meeting the
minimum requirements established by Minnesota Rules to perform
the inspections and to witness the tests. A municipality may
establish and retain its own fees for inspection of elevators
and related devices in its jurisdiction. A municipality may not
adopt standards that do not conform to the uniform standards
prescribed by the department.
If a municipality does not conduct elevator inspections as
provided in this chapter, or If the commissioner determines that
a municipality is not properly administering and enforcing the
law, rules, and codes, the commissioner shall have the
inspection, administration, and enforcement undertaken by a
qualified inspector employed by the department.
Sec. 10. Minnesota Statutes 1996, section 216C.195,
subdivision 3, is amended to read:
Subd. 3. [LIGHTING STANDARDS.] The standards adopted under
subdivision 1 must be at least as stringent as lighting
standards for new federal buildings (for 1993) in Code of
Federal Regulations, title 10, section 435.103.
Sec. 11. Minnesota Statutes 1996, section 326.841, is
amended to read:
326.841 [MANUFACTURED HOME INSTALLERS.]
Manufactured home installers are subject to all of the
requirements of sections 326.83 to 326.98, except for the
following:
(1) manufactured home installers are not members of the
advisory council under section 326.85;
(2) manufactured home installers are not subject to the
continuing education requirements of section 326.87;
(3) the examination requirement of section 326.89,
subdivision 3, for manufactured home installers shall be
satisfied by successful completion of a written examination
designed specifically for manufactured home installers. The
examination must be designed by the commissioner in conjunction
with the state building code division. The commissioner and
state building code division shall seek advice on the grading,
monitoring, and updating of examinations from the Minnesota
manufactured housing association;
(4) the amount of the bond required by section 326.94 shall
be $2,500 for manufactured home installers;
(5) a local government unit may not place a surcharge on a
license fee, and may not charge a separate fee to installers;
and
(6) a dealer or distributor who does not install or repair
manufactured homes is exempt from licensure under sections
326.83 to 326.98; and
(7) the exemption under section 326.84, subdivision 3,
clause (5), does not apply.
Sec. 12. Laws 1996, chapter 463, section 13, subdivision
7, is amended to read:
Subd. 7. Agency Relocation 3,735,000
$1,670,000 is from the general fund to
relocate the print communications
communications media,
micrographics central stores, and
travel management divisions of the
department of administration into a new
support services facility, and to
relocate the department of human
rights, the driver and vehicle services
division of the department of public
safety, the department of labor and
industry in St. Cloud, and the
department of human services in St.
Cloud.
$116,000 is from the general fund to
complete the move of the Minnesota
historical society to the state history
center.
$25,000 is from the general fund for
unanticipated moving expenses.
$1,389,000 is from the trunk highway
fund for the partial relocation of the
department of transportation.
$535,000 is from the highway user tax
distribution fund to relocate the
driver and vehicle services division of
the department of public safety.
Sec. 13. [REPEALER.]
Minnesota Statutes 1996, sections 15.171; 15.172; 15.173;
15.174; and 16B.88, subdivision 6, are repealed.
Sec. 14. [EFFECTIVE DATE.]
Section 11 is effective April 1, 1998.
Presented to the governor May 20, 1997
Signed by the governor May 22, 1997, 12:05 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes