Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 192-H.F.No. 726 
                  An act relating to capital improvements; providing 
                  standards for state assistance to capital improvement 
                  projects of political subdivisions; proposing coding 
                  for new law in Minnesota Statutes, chapter 16A. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [16A.86] [CAPITAL PROJECT GRANTS TO POLITICAL 
        SUBDIVISIONS.] 
           Subdivision 1.  [PROJECTS COVERED.] The capital improvement 
        projects covered by this section are only those not covered by 
        another state program of assistance to political subdivisions. 
           Subd. 2.  [BUDGET REQUEST.] A political subdivision that 
        requests an appropriation of state money for a local capital 
        improvement project is encouraged to submit a preliminary 
        request to the commissioner of finance by June 15 of an 
        odd-numbered year to ensure its full consideration.  The final 
        request must be submitted by November 1.  The requests must be 
        submitted in the form and with the supporting documentation 
        required by the commissioner of finance.  All requests timely 
        received by the commissioner must be forwarded to the 
        legislature, along with agency requests, by the deadline 
        established in section 16A.11, subdivision 1. 
           Subd. 3.  [EVALUATION.] (a) The commissioner shall evaluate 
        all requests from political subdivisions for state assistance 
        based on the following criteria: 
           (1) the political subdivision has provided for local, 
        private, and user financing for the project to the maximum 
        extent possible; 
           (2) the project helps fulfill an important state mission; 
           (3) the project is of regional or statewide significance; 
           (4) the project will not require new or any additional 
        state operating subsidies; 
           (5) the project will not expand the state's role in a new 
        policy area; 
           (6) state funding for the project will not create 
        significant inequities among local jurisdictions; 
           (7) the project will not compete with other facilities in 
        such a manner that they lose a significant number of users to 
        the new project; and 
           (8) the governing bodies of those political subdivisions 
        primarily benefiting from the project have passed resolutions in 
        support of the project.  
           (b) The commissioner's evaluation of each request, 
        including whether it meets each of the criteria in paragraph 
        (a), must be submitted to the legislature along with the 
        governor's recommendations under section 16A.11, subdivision 1, 
        whether or not the governor recommends that the request be 
        funded.  
           Subd. 4.  [FUNDING.] (a) The state share of a project 
        covered by this section must be no more than half the total cost 
        of the project, including predesign, design, construction, 
        furnishings, and equipment, except as provided in paragraph (b). 
        This subdivision does not apply to a project proposed by a 
        school district or other school organization. 
           (b) The state share may be more than half the total cost of 
        a project if the project is deemed needed as a result of a 
        disaster or to prevent a disaster or is located in a political 
        subdivision with a very low average net tax capacity. 
           (c) Nothing in this section prevents the governor from 
        recommending, or the legislature from considering or funding, 
        projects that do not meet the deadlines in subdivision 2 or the 
        criteria in this subdivision or subdivision 3 when the governor 
        or the legislature determines that there is a compelling reason 
        for the recommendation or funding.  
           Sec. 2.  [REQUESTS SUBMITTED IN 1999.] 
           Notwithstanding Minnesota Statutes, section 16A.86, 
        subdivision 2, a preliminary request from a political 
        subdivision under that subdivision in 1999 need not be submitted 
        until September 15, 1999. 
           Presented to the governor May 18, 1999 
           Signed by the governor May 21, 1999, 10:20 a.m.