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Minnesota Legislature

Office of the Revisor of Statutes

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.