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Minnesota Session Laws - 2003, Regular Session

Key: (1) language to be deleted (2) new language

                             CHAPTER 17-S.F.No. 768 
                  An act relating to the capitol area architectural and 
                  planning board; revising the text of its enabling law 
                  to remove redundant and obsolete language, to simplify 
                  grammar and syntax, and to improve the style of 
                  language without changing meaning; making conforming 
                  changes; providing revisor instructions; amending 
                  Minnesota Statutes 2002, section 15.50. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 15.50, is 
        amended to read: 
           15.50 [CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD.] 
           Subdivision 1.  [PURPOSE, MEMBERS, OFFICERS.] (a) The 
        legislature finds that the purposes of the board are to (1) 
        preserve and enhance the dignity, beauty and architectural 
        integrity of the capitol, the buildings immediately adjacent to 
        it, the capitol grounds, and the capitol area; (2) protect, 
        enhance, and increase the open spaces within the capitol area 
        when deemed necessary and desirable for the improvement of the 
        public enjoyment thereof; (3) develop proper approaches to the 
        capitol area for pedestrian movement, the highway system, and 
        mass transit system so that the area achieves its maximum 
        importance and accessibility; and (4) establish a flexible 
        framework for growth of the capitol buildings which will be in 
        keeping with the spirit of the original design. 
           (b) The capitol area architectural and planning board, 
        herein referred to as the board, consists of ten members.  The 
        lieutenant governor shall be a member of the board.  Four 
        members shall be appointed by the governor; three members, one 
        of whom shall be a resident of the district planning council 
        area containing the capitol area, shall be appointed by the 
        mayor of the city of Saint Paul, with the advice and consent of 
        the city council.  The speaker of the house shall appoint a 
        member of the house of representatives and the president of the 
        senate shall appoint one senator to be members of the board.  
        Each person appointed to the board shall qualify by taking the 
        oath of office. 
           (c) The lieutenant governor is the chair of the board.  The 
        attorney general is the legal advisor to the board.  The board 
        may elect a vice-chair who may preside at meetings in the 
        absence of the lieutenant governor and such other officers as it 
        may deem necessary to carry out its duties. 
           (d) The board shall select an executive secretary to serve 
        the board.  It may employ such other officers and employees as 
        it may deem necessary all of whom shall be in the classified 
        service of the state civil service.  The board may contract for 
        professional and other similar service on such terms as it may 
        deem desirable.  
           Subd. 2.  [CAPITOL AREA PLAN.] (a) The board shall prepare, 
        prescribe, and from time to time, after a public hearing, amend 
        a comprehensive use plan for the capitol area, called the area 
        in this subdivision, which consists of that portion of the city 
        of Saint Paul comprehended within the following boundaries:  
        Beginning at the point of intersection of the center line of the 
        Arch-Pennsylvania freeway and the center line of Marion Street, 
        thence southerly along the center line of Marion Street extended 
        to a point 50 feet south of the south line of Concordia Avenue, 
        thence southeasterly along a line extending 50 feet from the 
        south line of Concordia Avenue to a point 125 feet from the west 
        line of John Ireland Boulevard, thence southwesterly along a 
        line extending 125 feet from the west line of John Ireland 
        Boulevard to the south line of Dayton Avenue, thence 
        northeasterly from the south line of Dayton Avenue to the west 
        line of John Ireland Boulevard, thence northeasterly to the 
        center line of the intersection of Old Kellogg Boulevard and 
        Summit Avenue, thence northeasterly along the center line of 
        Summit Avenue to the center line of the new West Kellogg 
        Boulevard, thence southerly along the east line of the new West 
        Kellogg Boulevard, to the east line of the right-of-way of 
        Interstate Highway 35-E, thence northeasterly along the east 
        line of the right-of-way of Interstate Highway 35-E to the south 
        line of the right-of-way of Interstate Highway 94, thence 
        easterly along the south line of the right-of-way of Interstate 
        Highway 94 to the west line of St. Peter Street, thence 
        southerly to the south line of Exchange Street, thence easterly 
        along the south line of Exchange Street to the west line of 
        Cedar Street, thence northerly along the west line of Cedar 
        Street to the center line of Tenth Street, thence northeasterly 
        along the center line of Tenth Street to the center line of 
        Minnesota Street, thence northwesterly along the center line of 
        Minnesota Street to the center line of Eleventh Street, thence 
        northeasterly along the center line of Eleventh Street to the 
        center line of Jackson Street, thence northwesterly along the 
        center line of Jackson Street to the center line of the 
        Arch-Pennsylvania freeway extended, thence westerly along the 
        center line of the Arch-Pennsylvania freeway extended and Marion 
        Street to the point of origin.  
           Under the comprehensive plan, or a portion of it, the board 
        may regulate, by means of zoning rules adopted under the 
        Administrative Procedure Act, the kind, character, height, and 
        location, of buildings and other structures constructed or used, 
        the size of yards and open spaces, the percentage of lots that 
        may be occupied, and the uses of land, buildings and other 
        structures, within the area.  To protect and enhance the 
        dignity, beauty, and architectural integrity of the capitol 
        area, the board is further empowered to include in its zoning 
        rules design review procedures and standards with respect to any 
        proposed construction activities in the capitol area 
        significantly affecting the dignity, beauty, and architectural 
        integrity of the area.  No person may undertake these 
        construction activities as defined in the board's rules in the 
        capitol area without first submitting construction plans to the 
        board, obtaining a zoning permit from the board, and receiving a 
        written certification from the board specifying that the person 
        has complied with all design review procedures and standards.  
        Violation of the zoning rules is a misdemeanor.  The board may, 
        at its option, proceed to abate any violation by injunction.  
        The board and the city of Saint Paul shall cooperate in assuring 
        that the area adjacent to the capitol area is developed in a 
        manner that is in keeping with the purpose of the board and the 
        provisions of the comprehensive plan.  
           (b) The commissioner of administration shall act as a 
        consultant to the board with regard to the physical structural 
        needs of the state.  The commissioner shall make studies and 
        report the results to the board when it requests reports for its 
        planning purpose.  
           (c) No public building, street, parking lot, or monument, 
        or other construction may be built or altered on any public 
        lands within the area unless the plans for the project conform 
        to the comprehensive use plan as specified in paragraph (d) and 
        to the requirement for competitive plans as specified in 
        paragraph (e).  No alteration substantially changing the 
        external appearance of any existing public building approved in 
        the comprehensive plan or the exterior or interior design of any 
        proposed new public building the plans for which were secured by 
        competition under paragraph (e) may be made without the prior 
        consent of the board.  The commissioner of administration shall 
        consult with the board regarding internal changes having the 
        effect of substantially altering the architecture of the 
        interior of any proposed building.  
           (d) The comprehensive plan must show the existing land uses 
        and recommend future uses including:  areas for public taking 
        and use; zoning for private land and criteria for development of 
        public land, including building areas, open spaces, monuments, 
        and other memorials; vehicular and pedestrian circulation; 
        utilities systems; vehicular storage; elements of landscape 
        architecture.  No substantial alteration or improvement may be 
        made to public lands or buildings in the area without the 
        written approval of the board.  
           (e) The board shall secure by competitions plans for any 
        new public building.  Plans for any comprehensive plan, 
        landscaping scheme, street plan, or property acquisition that 
        may be proposed, or for any proposed alteration of any existing 
        public building, landscaping scheme or street plan may be 
        secured by a similar competition.  A competition must be 
        conducted under rules prescribed by the board and may be of any 
        type which meets the competition standards of the American 
        Institute of Architects.  Designs selected become the property 
        of the state of Minnesota, and the board may award one or more 
        premiums in each competition and may pay the costs and fees that 
        may be required for its conduct.  At the option of the board, 
        plans for projects estimated to cost less than $1,000,000 may be 
        approved without competition provided the plans have been 
        considered by the advisory committee described in paragraph 
        (h).  Plans for projects estimated to cost less than $400,000 
        and for construction of streets need not be considered by the 
        advisory committee if in conformity with the comprehensive plan. 
           (f) Notwithstanding paragraph (e), an architectural 
        competition is not required for the design of any light rail 
        transit station and alignment within the capitol area.  The 
        board and its advisory committee shall select a preliminary 
        design for any transit station in the capitol area.  Each stage 
        of any station's design through working drawings must be 
        reviewed by the board's advisory committee and approved by the 
        board to ensure that the station's design is compatible with the 
        comprehensive plan for the capitol area and the board's design 
        criteria.  The guideway and track design of any light rail 
        transit alignment within the capitol area must also be reviewed 
        by the board's advisory committee and approved by the board. 
           (g) Of the amount available for the light rail transit 
        design, adequate funds must be available to the board for design 
        framework studies and review of preliminary plans for light rail 
        transit alignment and stations in the capitol area. 
           (h) The board may not adopt any plan under paragraph (e) 
        unless it first receives the comments and criticism of an 
        advisory committee of three persons, each of whom is either an 
        architect or a planner, who have been selected and appointed as 
        follows:  one by the board of the arts, one by the board, and 
        one by the Minnesota Society of the American Institute of 
        Architects.  The authority for appointment of an advisory 
        committee does not expire.  Members of the committee may not be 
        contestants under paragraph (e).  The comments and criticism 
        must be a matter of public information.  The committee shall 
        advise the board on all architectural and planning matters.  For 
        that purpose, the committee must be kept currently informed 
        concerning, and have access to, all data, including all plans, 
        studies, reports and proposals, relating to the area as the data 
        are developed or in the process of preparation, whether by the 
        commissioner of administration, the commissioner of trade and 
        economic development, the metropolitan council, the city of 
        Saint Paul, or by any architect, planner, agency or 
        organization, public or private, retained by the board or not 
        retained and engaged in any work or planning relating to the 
        area, and a copy of any data prepared by any public employee or 
        agency must be filed with the board promptly upon completion.  
           The board may employ stenographic or technical help that 
        may be reasonable to assist the committee to perform its duties. 
           When so directed by the board, the committee may serve as, 
        and any member or members of the committee may serve on, the 
        jury or as professional advisor for any architectural 
        competition, and the board shall select the architectural 
        advisor and jurors for any competition with the advice of the 
        committee.  
           The city of Saint Paul shall advise the board.  
           (i) The comprehensive plan for the area must be developed 
        and maintained in close cooperation with the commissioner of 
        trade and economic development, the planning department and the 
        council for the city of Saint Paul, and the board of the arts, 
        and no plan or amendment of a plan may be effective without 90 
        days' notice to the planning department of the city of Saint 
        Paul and the board of the arts and without a public hearing with 
        opportunity for public testimony.  
           (j) The board and the commissioner of administration, 
        jointly, shall prepare, prescribe, and from time to time revise 
        standards and policies governing the repair, alteration, 
        furnishing, appearance, and cleanliness of the public and 
        ceremonial areas of the state capitol building.  The board shall 
        consult with and receive advice from the director of the 
        Minnesota state historical society regarding the historic 
        fidelity of plans for the capitol building.  The standards and 
        policies developed under this paragraph are binding upon the 
        commissioner of administration.  The provisions of chapter 14, 
        including section 14.386, do not apply to this paragraph.  
           (k) The board in consultation with the commissioner of 
        administration shall prepare and submit to the legislature and 
        the governor no later than October 1 of each even-numbered year 
        a report on the status of implementation of the comprehensive 
        plan together with a program for capital improvements and site 
        development, and the commissioner of administration shall 
        provide the necessary cost estimates for the program.  The board 
        shall report any changes to the comprehensive plan adopted by 
        the board to the committee on governmental operations and 
        gambling of the house of representatives and the committee on 
        governmental operations and reform of the senate and upon 
        request shall provide testimony concerning the changes.  The 
        board shall also provide testimony to the legislature on 
        proposals for memorials in the capitol area as to their 
        compatibility with the standards, policies, and objectives of 
        the comprehensive plan. 
           (l) The state shall, by the attorney general upon the 
        recommendation of the board and within appropriations available 
        for that purpose, acquire by gift, purchase, or eminent domain 
        proceedings any real property situated in the area described in 
        this section, and it may also acquire an interest less than a 
        fee simple interest in the property, if it finds that the 
        property is needed for future expansion or beautification of the 
        area.  
           (m) The board is the successor of the state veterans 
        service building commission, and as such may adopt rules and may 
        reenact the rules adopted by its predecessor under Laws 1945, 
        chapter 315, and amendments to it.  
           (n) The board shall meet at the call of the chair and at 
        such other times as it may prescribe.  
           (o) The commissioner of administration shall assign 
        quarters in the state veterans service building to (1) the 
        department of veterans affairs, of which a part that the 
        commissioner of administration and commissioner of veterans 
        affairs may mutually determine must be on the first floor above 
        the ground, and (2) the American Legion, Veterans of Foreign 
        Wars, Disabled American Veterans, Military Order of the Purple 
        Heart, United Spanish War Veterans, and Veterans of World War I, 
        and their auxiliaries, incorporated, or when incorporated, under 
        the laws of the state, and (3) as space becomes available, to 
        other state departments and agencies as the commissioner may 
        deem desirable. 
           Subd. 2a.  [MEMBERSHIP TERMS, COMPENSATION, REMOVAL, 
        VACANCIES.] The membership terms, compensation, removal of 
        members and filling of vacancies on the board shall be as 
        provided in section 15.0575. 
           Subd. 3.  [ADMINISTRATIVE AND PLANNING EXPENSES.] With the 
        exception of the administrative and planning expenses of the 
        board for federally funded capital expenditures, the board's 
        administrative and planning expenses shall be borne by the state.
        If federal money is available for capital expenditures, the 
        board's administrative and planning expenses must be reimbursed 
        to the state upon receipt of that money.  State agencies and 
        other public bodies considering capitol area projects shall 
        consult with the board prior to developing plans for capital 
        improvements or capital budget proposals for submission to the 
        legislature and governor.  These public agencies shall provide 
        adequate funds for the board's review and planning purposes if 
        the board determines its review and planning services are 
        necessary.  The expenses of the board for competition premiums, 
        land acquisition or improvement or any other capital 
        expenditures in or upon properties owned or to be owned by the 
        state shall be borne by the state.  The expenses of any other 
        public body for such expenditures shall be borne by the body 
        concerned.  The city of Saint Paul may expend moneys currently 
        in the city of Saint Paul Capitol Approach Improvement Fund 
        established by Laws 1945, chapter 315, and acts amendatory 
        thereof for capital improvements contained in the city's 
        approved capital improvement budget.  The budget is to be 
        adopted in accordance with provisions contained in the city 
        charter. 
           Subd. 6.  [LAND CONVEYANCES.] (a) The city of Saint Paul 
        shall have the power to convey without compensation therefor to 
        the state any property owned by it within the boundaries of the 
        capitol area pursuant to the plan adopted by the board; and the 
        state shall have the authority to transfer to the city of Saint 
        Paul without compensation any property acquired by it for the 
        purposes of Laws 1969, chapter 1150, which lies within the 
        street lines of the streets to be established as a part of the 
        city's portion of said plan. 
           (b) The tax-forfeited lands which are held by the state in 
        trust for the several taxing subdivisions of the state and which 
        are within the boundaries of the capitol area as fixed by the 
        plan recommended to the governor by the governor's advisory 
        committee or by the plan adopted by the board as provided in 
        Laws 1969, chapter 1150, shall not, except as provided in this 
        subdivision, be subject to sale or repurchase under any act, now 
        in effect or hereafter enacted unless it shall be expressly 
        provided in such act that the provisions of Laws 1969, chapter 
        1150, shall be superseded, modified or repealed. 
           The following procedure shall be used with respect to the 
        tax-forfeited lands within the boundaries of the capitol area: 
           (1) When the state gains custody of the tax-forfeited lands 
        in the capitol area which are to be held in trust for taxing 
        subdivisions of the state, the Ramsey county board of 
        commissioners shall compile a list of these lands after the fee 
        ownership has been recorded in the county recorder's office and 
        submit the list to the board.  The list shall include a property 
        description of the tax-forfeited parcel and a listing of the 
        buildings or structures thereon. 
           (2) Within 90 calendar days after receipt of the Ramsey 
        county board of commissioners' list, the board, at its 
        discretion, may:  (i) direct the commissioner of revenue to 
        release the tax-forfeited parcel from the trust for the taxing 
        subdivision of the state, which action shall vest unencumbered 
        title to the property in the name of the state; or (ii) 
        authorize the parcel to be disposed of pursuant to chapter 282, 
        provided that the parcel be thereafter utilized in accord with a 
        portion or all of the standards, policies or guidelines in the 
        board's comprehensive use plan.  All conveyances of property 
        under subclauses (i) and (ii) shall be subject to any 
        restrictive easements which the board may determine to be 
        necessary for implementation of the comprehensive plan.  Any 
        parcel which became tax-forfeited before February 28, 1982 shall 
        be conveyed pursuant to this section without compensation.  
           (3) If the board fails to act within the prescribed 90-day 
        period, the tax-forfeited parcel's disposition shall be governed 
        by chapter 282. 
           (4) Unless and until the commissioner of revenue releases a 
        tax-forfeited parcel from the trust for the taxing subdivision 
        and during the aforementioned 90-day waiting period, the Ramsey 
        county board of commissioners is authorized to maintain the 
        parcel to minimize risks to persons and property contiguous to 
        the parcel.  If the parcel is conveyed from the trust to the 
        state, the commissioner of administration shall assume these 
        maintenance responsibilities. 
           (d) The commissioner of revenue shall, upon application by 
        the board, release any lands referred to in clause (b) from the 
        trust in favor of the taxing subdivisions of the state.  Upon 
        the execution of such release, the commissioner shall certify 
        the fact of such release to the county auditor of Ramsey 
        county.  The forms of such release and certificate shall be 
        prescribed by the attorney general. 
           (e) Neither any member of the board, nor any person 
        employed or retained by the board shall have any financial 
        interest, direct or indirect, in any business enterprise or 
        activity, or in the construction or maintenance of facilities 
        for such enterprise or activity, within the capitol area for 
        which approval of the board is in any way required by law.  Any 
        person violating the provisions of this paragraph shall be 
        guilty of a gross misdemeanor. 
           (f) At any time after acquiring a tax-forfeited parcel of 
        property pursuant to the provisions of this subdivision, the 
        board may direct the commissioner of administration to convey 
        the parcel of property by quitclaim deed to the city of Saint 
        Paul housing and redevelopment agency.  The conveyance of 
        property shall be without compensation and shall be subject to 
        any restrictive easements which the board may determine to be 
        necessary for implementation of the comprehensive plan. 
           Subd. 7.  [ADVERTISING.] No advertising devices may be 
        erected after June 10, 1969, within the boundaries of the 
        capitol area unless done so pursuant to reasonable rules of the 
        board.  "Advertising device" means any billboard, sign, poster, 
        display or other device visible to and primarily intended to 
        advertise or to attract, and shall include any structure erected 
        primarily for use in connection with the display of any such 
        device and all lighting or other attachments used in connection 
        therewith. Advertising devices to advertise a business conducted 
        on the premises where the advertising device is located may be 
        permitted and erected in accordance with reasonable rules 
        established by the board.  Advertising devices which do not meet 
        the requirements of the rules may be ordered by the board to be 
        removed.  The owner of the advertising device and the owner of 
        the real property involved shall be paid just compensation for 
        their interests affected. 
           Any person who shall violate the provisions of this section 
        shall be guilty of a misdemeanor. 
           Subd. 9.  [CAPITAL BUDGET REQUESTS.] For capital budget 
        requests in the capitol area as defined in subdivision 2, 
        paragraph (a), the commissioner of administration shall consult 
        with the capitol area architectural and planning board regarding 
        building sites and design standards. 
           Subd. 10.  [NATIVE VEGETATION PLANTING.] As part of its 
        comprehensive plan and adopted zoning rules, the board shall 
        give priority to the planting of native trees and shrubs, or 
        native grasses wherever appropriate, within the capitol area. 
           Subdivision 1.  [PURPOSES.] The purposes of the capitol 
        area architectural and planning board are:  
           (1) to preserve and enhance the dignity, beauty, and 
        architectural integrity of the capitol, the buildings 
        immediately adjacent to it, the capitol grounds, and the capitol 
        area; 
           (2) to protect, enhance, and increase the open spaces 
        within the capitol area when considered necessary and desirable 
        to improve the public enjoyment of them; 
           (3) to develop proper approaches to the capitol area for 
        pedestrians, the highway system, and mass transit system so that 
        the area achieves its maximum importance and accessibility; and 
           (4) to establish a flexible framework for growth of the 
        capitol buildings in keeping with the spirit of the original 
        design. 
           Subd. 2.  [MEMBERSHIP, APPOINTERS; OATH QUALIFIES.] (a) The 
        capitol area architectural and planning board, called the board 
        or the CAAPB in this chapter, has ten members. 
           (b) The lieutenant governor is a member. 
           (c) The governor must appoint four members.  
           (d) The mayor of St. Paul must appoint three members with 
        the advice and consent of the city council.  One of the mayor's 
        appointees must be a resident of the planning council district 
        that includes the capitol area. 
           (e) The speaker of the house must appoint a member of the 
        house of representatives and the president of the senate must 
        appoint a senator. 
           (f) Each appointee must qualify by taking the oath of 
        office. 
           Subd. 3.  [OFFICERS; LEGAL ADVISOR.] (a) The lieutenant 
        governor is the chair of the board.  
           (b) The attorney general is the legal advisor to the board. 
           (c) The board may elect a vice-chair.  The vice-chair may 
        preside at meetings in the absence of the lieutenant governor.  
           (d) The board may elect any other officers that it 
        considers necessary to carry out its duties. 
           Subd. 4.  [EXECUTIVE SECRETARY, CLASSIFIED PERSONNEL, 
        CONTRACTORS.] (a) The board must appoint an executive secretary 
        to serve the board.  
           (b) The board may employ any other officers and employees 
        it considers necessary.  Those employed under this paragraph are 
        in the state classified civil service.  
           (c) The board may contract for professional and other 
        similar services on the terms it considers desirable. 
           Subd. 5.  [COMPREHENSIVE USE PLAN REQUIRED.] The board must 
        have, and prescribe for the capitol area, a comprehensive use 
        plan called the comprehensive plan in this chapter. 
           Subd. 6.  [CAPITOL AREA DESCRIBED.] (a) The capitol area is 
        that part of the city of St. Paul inside the boundary described 
        in paragraph (b). 
           (b)(1) Beginning at the point of intersection of the center 
        line of Pennsylvania Avenue and the center line of Marion 
        Street; 
           (2) then go southerly along the center line of Marion 
        Street and its extension to a point 50 feet southerly of the 
        south curb of Concordia Avenue; 
           (3) then, southeasterly along a line 50 feet southerly of, 
        and parallel with, the south curb of Concordia Avenue to a point 
        125 feet westerly of the west curb of southbound John Ireland 
        Boulevard; 
           (4) then, southwesterly along a line 125 feet westerly of, 
        and parallel with, the west curb of southbound John Ireland 
        Boulevard to the south curb of Dayton Avenue; 
           (5) then, easterly along the south curb of Dayton Avenue to 
        the west curb of southbound John Ireland Boulevard; 
           (6) then, northeasterly in a straight line to the 
        intersection of the center line of Old Kellogg Boulevard and the 
        center line of Summit Avenue; 
           (7) then, northeasterly along the center line of Summit 
        Avenue to the center line of eastbound new West Kellogg 
        Boulevard; 
           (8) then, southeasterly along the center line of eastbound 
        and then, southbound new West Kellogg Boulevard to the easterly 
        right-of-way line of Interstate Highway 35-E; 
           (9) then, northeasterly along the easterly right-of-way 
        line of Interstate Highway 35-E to the southerly right-of-way 
        line of Interstate Highway 94; 
           (10) then, easterly along the southerly right-of-way line 
        of Interstate Highway 94 to the west curb of St. Peter Street; 
           (11) then, southeasterly along the west curb of St. Peter 
        Street to the south curb of Exchange Street; 
           (12) then, northeasterly along the south curb of Exchange 
        Street to the west curb of Cedar Street; 
           (13) then, northwesterly along the west curb of Cedar 
        Street to the center line of Tenth Street; 
           (14) then, northeasterly along the center line of Tenth 
        Street to the center line of Minnesota Street; 
           (15) then, northwesterly along the center line of Minnesota 
        Street to the center line of Eleventh Street; 
           (16) then, northeasterly along the center line of Eleventh 
        Street to the center line of Jackson Street; 
           (17) then, northerly along the center line of Jackson 
        Street to the center line of Pennsylvania Avenue; 
           (18) then, westerly along the center line of Pennsylvania 
        Avenue and its extension to the point of beginning. 
           Subd. 7.  [BOARD MAY ADOPT ZONING RULES.] (a) Under the 
        comprehensive plan, the board may regulate in the capitol area: 
           (1) the kind, character, height, and location of buildings 
        and other structures; 
           (2) the size of yards and open spaces; 
           (3) the percentage of lots to be occupied; and 
           (4) the uses of land, buildings, and other structures. 
           (b) The regulation must be done by zoning rules adopted 
        under chapter 14, the Administrative Procedure Act. 
           Subd. 8.  [CONSTRUCTION STANDARDS AND DESIGN-REVIEW 
        PROCEDURES.] The board, in its zoning rules, may include 
        standards and design-review procedures for proposed construction 
        in the capitol area that significantly affect the area's 
        dignity, beauty, and architectural integrity. 
           Subd. 9.  [PREREQUISITES TO CONSTRUCTION.] (a) A person 
        must not begin construction in the capitol area until after 
        completing the steps in paragraph (b). 
           (b) The person must: 
           (1) submit the construction plans to the board; 
           (2) secure a zoning permit from the board; and 
           (3) secure a certificate from the board stating that the 
        person has complied with the board's standards and design-review 
        procedures. 
           (c) The board must define construction in its rules. 
           Subd. 10.  [ZONING VIOLATION IS A MISDEMEANOR.] A person 
        who violates a zoning rule of the board is guilty of a 
        misdemeanor. 
           Subd. 11.  [ABATEMENT BY INJUNCTION.] The board may move to 
        abate, by injunction, a violation of its zoning rules. 
           Subd. 12.  [HARMONIZE NEARBY DEVELOPMENT.] The board and 
        the city of St. Paul must cooperate to ensure that the area 
        adjacent to the capitol area is developed in keeping with the 
        purposes of the board and with the comprehensive plan.  
           Subd. 13.  [ADMINISTRATION COMMISSIONER MUST CONSULT, DO 
        STUDIES.] The commissioner of administration must: 
           (1) act as a consultant to the board on the physical 
        structural needs of the state; and 
           (2) do studies and report the results to the board when the 
        board requests reports for its planning. 
           Subd. 14.  [NEED TO FOLLOW COMPREHENSIVE PLAN, HAVE 
        COMPETITION.] (a) No construction on public land in the capitol 
        area may take place unless the comprehensive plan and the 
        requirement for a competition under subdivision 18 are 
        followed.  However, under subdivision 21 the board may waive the 
        requirement of a competition; and under subdivision 22 a 
        competition is not required.  
           (b) Some examples of construction under paragraph (a) are 
        building or changing (1) a public building; (2) a street; (3) a 
        parking lot; or (4) a monument. 
           Subd. 15.  [BOARD MUST PREAPPROVE CHANGES.] No substantial 
        change to what is described in clause (1) or (2) may be made 
        until after the board consents to the change:  
           (1) the external appearance of a public building existing 
        before July 1, 1967, that is approved in the comprehensive plan; 
        or 
           (2) the exterior or interior design of a new public 
        building proposed after April 11, 1974, whose plans are secured 
        by competition under subdivision 18.  
           Subd. 15a.  [CHANGES AFFECTING INTERIOR ARCHITECTURE.] The 
        commissioner of administration must consult with the board about 
        internal changes that bring about substantial changes to the 
        architecture of the interior of a proposed building. 
           Subd. 16.  [COMPREHENSIVE PLAN MUST SHOW LAND USES.] The 
        comprehensive plan must show the current uses and recommend 
        future uses of land including, but not limited to: 
           (1) areas for public taking and use; 
           (2) zoning for private land and criteria for development of 
        public land, including, but not limited to, building areas, open 
        spaces, and monuments and other memorials; 
           (3) circulation of vehicles and pedestrians; 
           (4) utility systems; 
           (5) storage of vehicles; and 
           (6) elements of landscape architecture. 
           Subd. 17.  [WRITTEN APPROVAL FOR CHANGE.] No substantial 
        change or improvement may be made to public lands or public 
        buildings in the capitol area without the written approval of 
        the board. 
           Subd. 18.  [REQUIRED AND PERMITTED COMPETITIONS.] (a) The 
        board must secure plans for a new public building by a 
        competition. 
           (b) A competition also may be used for plans for a proposed 
        (1) comprehensive plan; (2) landscaping scheme; (3) street plan; 
        (4) property acquisition; or (5) change to a public building, 
        landscaping scheme, or street plan. 
           (c) The competition must be conducted under rules adopted 
        by the board. 
           (d) The competition must be of a type that meets the 
        competition standards of the American Institute of Architects. 
           Subd. 19.  [STATE OWNS WINNING DESIGN.] When a design is 
        selected in a competition it becomes the property of the state. 
           Subd. 20.  [PREMIUMS, COSTS.] The board may award premiums 
        in a competition and may pay the costs and fees required to 
        conduct it. 
           Subd. 21.  [COMPETITION WAIVER.] (a) Notwithstanding 
        subdivision 18, the board, without a competition, may approve 
        plans for a project estimated to cost less than $1,000,000. 
           (b) The plans still must have been considered by the 
        advisory committee established under subdivision 24. 
           (c) Notwithstanding paragraph (b), the advisory committee 
        need not consider projects that are in conformity with the 
        comprehensive plan and that are: 
           (1) to construct a street; or 
           (2) estimated to cost less than $400,000. 
           Subd. 22.  [LIGHT RAIL STATION AND ALIGNMENT.] (a) 
        Notwithstanding subdivision 18, an architectural competition is 
        not required for the design of a light rail transit station or 
        of light rail transit alignment within the capitol area. 
           (b) The board and its advisory committee must select a 
        preliminary design for each transit station in the capitol area. 
           (c) Then, each stage of a station's design through working 
        drawings must be reviewed by the board's advisory committee and 
        be approved by the board.  The review and approval are to ensure 
        that the station's design is compatible with the comprehensive 
        plan and the board's design criteria. 
           (d) The guideway and track design of light rail transit 
        alignment within the capitol area also must be reviewed by the 
        board's advisory committee and be approved by the board. 
           (e) From the money available for the light rail transit 
        design, adequate money must be available to the board for 
        design-framework studies and for review of preliminary plans for 
        light rail transit alignment and stations in the capitol area. 
           Subd. 23.  [NECESSITY OF ADVISORY COMMITTEE REVIEW.] The 
        board must not approve a plan for a new public building under 
        subdivision 18, 21, or 22, unless it first receives the comments 
        and criticism of the advisory committee established under 
        subdivision 24 or unless the plan is excepted from the 
        consideration of the advisory committee under subdivision 21. 
           Subd. 24.  [ADVISORY COMMITTEE.] (a) A three-member 
        advisory committee to the CAAPB is established.  Each of the 
        three must be either an architect or a planner.  One must be 
        appointed by the CAAPB; one, by the state board of the arts; and 
        one, by the Minnesota Society of the American Institute of 
        Architects.  
           (b) The advisory committee must advise the CAAPB on all 
        architectural and planning matters.  
           (c) Notwithstanding section 15.059, subdivision 5, or other 
        law, the authority for appointment of an advisory committee does 
        not expire.  
           (d) An advisory committee member must not be a contestant 
        in a CAAPB competition. 
           Subd. 25.  [DATA OF AND TO THE ADVISORY COMMITTEE.] (a) The 
        advisory committee's comments and criticism under subdivision 23 
        are public data under section 13.03, subdivision 1. 
           (b) To advise the board on all architectural and planning 
        matters, the advisory committee must be kept current about, and 
        have access to, all data relating to the capitol area as the 
        data is developed or being prepared.  Some examples of these 
        types of data are plans, studies, reports, and proposals. 
           (c) The obligation under paragraph (b) extends to data 
        developed or being prepared by (1) the commissioner of 
        administration; (2) the commissioner of trade and economic 
        development; (3) the metropolitan council; (4) the city of St. 
        Paul; or (5) one who is an architect, planner, agency, or 
        organization and who is engaged in any work or planning relating 
        to the capitol area. 
           (d) Paragraph (c), clause (5), applies to all the 
        developers or preparers whether they are public or private and 
        whether or not they are retained by the board. 
           (e) If the data described in paragraph (b) is from a public 
        employee or public agency it must be filed with the board 
        promptly after it is prepared. 
           (f) The board may employ a reasonable amount of clerical 
        and technical help to assist the committee to do its duties. 
           (g) When directed by the board, the advisory committee may 
        serve as, or any of its members may serve on, the jury for a 
        competition or as the architectural advisor for a competition 
        under subdivision 18. 
           (h) The board must get the advice of its advisory committee 
        before selecting the architectural advisor or jurors for a 
        competition. 
           Subd. 26.  [ST. PAUL'S ADVISORY DUTY.] The city of St. Paul 
        must advise the board.  
           Subd. 27.  [COOPERATION WITH CITY; DTED, ARTS BOARD.] The 
        CAAPB must develop and maintain the comprehensive plan in close 
        cooperation with the trade and economic development 
        commissioner, St. Paul's planning department and city council, 
        and the state board of the arts. 
           Subd. 28.  [AMENDMENT PREREQUISITES.] An amendment to the 
        comprehensive plan does not take effect until after the CAAPB: 
           (1) gives 90 days' notice of the amendment to the St. Paul 
        planning department and the state board of the arts; and 
           (2) conducts a public hearing on the amendment with an 
        opportunity for public testimony at the hearing.  
           Subd. 29.  [CAPITOL STANDARDS, POLICIES; NOT UNDER APA.] 
        (a) The board and the commissioner of administration, jointly, 
        must have, prescribe, and periodically revise their standards 
        and policies on the repair, furnishing, appearance, and 
        cleanliness of, and change to, the public and ceremonial areas 
        of the capitol. 
           (b) The standards and policies are binding on the 
        commissioner. 
           (c) Section 14.386 and the rest of chapter 14, the 
        Administrative Procedure Act, do not apply to this subdivision. 
           Subd. 30.  [CONSULT WITH HISTORICAL SOCIETY.] The board 
        must consult with and receive advice from the director of the 
        Minnesota state historical society on the historic fidelity of 
        plans for the capitol.  
           Subd. 31.  [BIENNIAL REPORT TO LEGISLATURE.] (a) The board, 
        after consulting with the commissioner of administration, must 
        report to the legislature and the governor before October 2 of 
        each even-numbered year.  
           (b) The report must describe the status of implementing the 
        comprehensive plan. 
           (c) The report must also include a program for capital 
        improvements and site development.  The commissioner of 
        administration must provide the necessary cost estimates for the 
        program. 
           Subd. 32.  [LEGISLATURE TO GET PLAN CHANGES.] (a) A change 
        to the comprehensive plan that is adopted by the board must then 
        be reported by the board to the legislative committees with 
        jurisdiction over state governmental operations policy. 
           (b) If asked, the board must give testimony on the changes. 
           Subd. 33.  [TESTIMONY ON MEMORIALS.] (a) The board must 
        give testimony to the legislature on any proposal for a memorial 
        in the capitol area. 
           (b) The testimony must deal with the proposal's 
        compatibility with the standards, policies, and objectives of 
        the comprehensive plan. 
           Subd. 34.  [CAPITOL AREA LAND ACQUISITION.] (a) The state, 
        on recommendation of the board and within appropriations 
        available for the purpose, must acquire by gift, purchase, or 
        eminent domain proceedings, any real property in the capitol 
        area if the board finds that the property is needed to expand or 
        beautify the area.  The acquisition may be of less than a fee 
        simple interest in the property. 
           (b) The acquisition must be made for the state by the 
        attorney general. 
           Subd. 35.  [GENERAL RULEMAKING AUTHORITY.] The board may 
        adopt rules under chapter 14, the Administrative Procedure Act, 
        that it believes are needed and reasonable to accomplish the 
        purposes of this chapter.  
           Subd. 36.  [WHEN DOES THE BOARD MEET?] The board must meet 
        at the call of the chair and may meet at other times that it 
        sets.  
           Subd. 37.  [VETERANS SERVICE BUILDING TENANTS.] (a) The 
        commissioner of administration must assign quarters in the 
        veterans service building to the department of veterans 
        affairs.  Some of what is assigned, as mutually determined with 
        the commissioner of veterans affairs, must be on the first floor.
           (b) The commissioner of administration must also assign 
        space in the veterans service building to: 
           (1) the American Legion; 
           (2) Veterans of Foreign Wars; 
           (3) Disabled American Veterans; 
           (4) Military Order of the Purple Heart; 
           (5) Veterans of World War I; 
           (6) auxiliaries of the groups in clauses (1) to (5), if 
        incorporated in Minnesota; and 
           (7) as space becomes available and as the commissioner of 
        administration considers desirable, to other state departments 
        and agencies. 
           Subd. 38.  [TERMS, PAY, REMOVAL, VACANCIES.] The membership 
        terms, compensation, and removal of board members and filling of 
        vacancies on the board are governed by section 15.0575. 
           Subd. 39.  [ADMINISTRATIVE AND PLANNING EXPENSES.] (a) 
        Except as provided in paragraph (b), the state must pay the 
        administrative and planning expenses of the board. 
           (b) The administrative and planning expenses of the board 
        for federally funded capital expenditures must be reimbursed to 
        the state from the federal money as soon as it is received. 
           Subd. 40.  [PUBLIC BODIES WITH CAPITOL AREA PROPOSALS.] (a) 
        Before a state agency or other public body develops, to submit 
        to the legislature and the governor, a budget proposal or plans 
        for capital improvements within the capitol area, it must 
        consult with the board. 
           (b) The public body must provide enough money for the 
        board's review and planning if the board decides its review and 
        planning services are necessary. 
           Subd. 41.  [PREMIUM AND OTHER CAPITAL EXPENSES.] (a) The 
        state must pay the board's expenses for (1) competition 
        premiums; (2) land acquisition in the capitol area; and (3) 
        capital improvements in the capitol area to property owned or to 
        be owned by the state. 
           (b) A public body other than the board that has its own 
        expenses of the kinds described in paragraph (a), clauses (1) to 
        (3), must pay them itself. 
           Subd. 42.  [PROPERTY TO AND FROM ST. PAUL.] (a) The city of 
        St. Paul may convey to the state, without compensation, any 
        property within the capitol area that is owned by the city.  
           (b) The state may transfer to the city, without 
        compensation, any property acquired for the purposes in 
        subdivision 1 within the street lines of streets established as 
        a part of the city's part of the comprehensive plan. 
           (c) Capitol area tax-forfeited land held by the state in 
        trust for its taxing subdivisions is not subject to sale or 
        repurchase except as provided in this subdivision and 
        subdivision 43 unless a law expressly changes or supersedes this 
        subdivision or subdivision 43 to provide otherwise. 
           Subd. 43.  [AREA TAX-FORFEITED LANDS.] (a) This subdivision 
        governs the treatment of tax-forfeited lands in the capitol area.
        Sections 383A.17 and 383A.76 relating to Ramsey county also may 
        apply. 
           (b)(1) When the state gains custody of a tax-forfeited 
        parcel in the capitol area, the state's fee ownership of the 
        parcel held in trust for the state's taxing subdivisions must be 
        recorded in the county recorder's office. 
           (2) Then, the Ramsey county board must submit to the CAAPB 
        the property description of the parcel with a list of the 
        structures on the parcel. 
           (c) Within 90 calendar days after receiving the county 
        board's submission, the CAAPB may either: 
           (1) direct the commissioner of revenue to release the 
        tax-forfeited parcel from the trust for the taxing subdivisions 
        of the state, thus vesting unencumbered title to the property in 
        the name of the state; or 
           (2) authorize the parcel to be disposed of according to 
        chapter 282, but only if the parcel is then used in accordance 
        with some or all of the standards, policies, and guidelines of 
        the comprehensive plan. 
           (d) If the CAAPB fails to act on the parcel within the 90 
        days, the parcel's disposition is governed by chapter 282.  
           (e) A conveyance under paragraph (c), clauses (1) and (2), 
        is subject to the restrictive easements that the CAAPB 
        determines to be necessary to implement the comprehensive plan. 
           (f) Until the parcel is released from the trust and during 
        the 90-day period referred to in paragraphs (c) and (d), the 
        county board has the authority to maintain the parcel to 
        minimize risk to persons and to contiguous property.  
           (g) If the parcel is released from the trust and conveyed 
        unencumbered to the state, the commissioner of administration 
        must maintain the parcel. 
           (h) When the board directs the commissioner of revenue to 
        release a parcel under paragraph (c), clause (1): 
           (1) the commissioner of revenue must release the parcel 
        from the trust in favor of the taxing jurisdiction of the state; 
        and 
           (2) on executing the release, the commissioner of revenue 
        must certify the release to the county auditor. 
           (i) The attorney general must prescribe the forms of the 
        release and the certificate described in paragraph (h). 
           Subd. 44.  [CONVEYANCES TO ST. PAUL HRA.] (a) The board may 
        direct the commissioner of administration to convey a parcel to 
        the St. Paul housing and redevelopment agency after the parcel 
        vests, unencumbered, in the state under subdivision 42 or 43. 
           (b) The conveyance must be without compensation and made by 
        quitclaim deed, and is subject to any restrictive easements the 
        board determines to be necessary to implement the comprehensive 
        plan. 
           Subd. 45.  [ELEMENTS OF FINANCIAL CONFLICT OF INTEREST.] 
        (a) A person has a conflict of interest under this subdivision 
        if: 
           (1) the person is a board member, or is employed or 
        retained by the board; 
           (2) the person has a financial interest in a business 
        enterprise or activity within the capitol area, or in 
        constructing or maintaining a facility within the capitol area 
        for the enterprise or activity; and 
           (3) the board's approval is in any way required by law for 
        the business enterprise or activity or for constructing or 
        maintaining the facility. 
           (b) For purposes of this subdivision, it does not matter 
        whether the financial interest mentioned in paragraph (a), 
        clause (2), is direct or indirect. 
           Subd. 46.  [CONFLICT IS GROSS MISDEMEANOR.] A person who 
        has a conflict of interest under subdivision 45 is guilty of a 
        gross misdemeanor. 
           Subd. 47.  [BOARD RULES CONTROL OUTDOOR ADVERTISING.] (a) 
        No advertising devices may be erected within the boundaries of 
        the capitol area unless done so pursuant to rules of the board. 
           (b) "Advertising device" means any billboard, sign, poster, 
        display, or other device visible to and primarily intended to 
        advertise or to attract, and includes: 
           (1) a structure erected primarily for use in connection 
        with the display of an advertising device; and 
           (2) all lighting and other attachments used in connection 
        with the advertising device.  
           (c) Advertising devices to advertise a business conducted 
        on the premises where the advertising is located may be 
        permitted and erected according to rules adopted by the board. 
           (d)(1) Advertising devices that do not comply with the 
        board's rules may be ordered by the board to be removed.  
           (2) The owner of the advertising device and the owner of 
        the real property involved must be paid just compensation for 
        their interests that are affected by the removal. 
           Subd. 48.  [ADVERTISING VIOLATION IS MISDEMEANOR.] A person 
        who violates subdivision 47 is guilty of a misdemeanor. 
           Subd. 49.  [ADMINISTRATION COMMISSIONER TO CONSULT ON 
        CAPITAL REQUESTS.] The commissioner of administration must 
        consult with the board about building sites and design standards 
        for capital budget requests in the capitol area. 
           Subd. 50.  [PRIORITY FOR NATIVE VEGETATION.] The board, as 
        part of its comprehensive plan and adopted zoning rules, must 
        give priority to planting native trees and shrubs, or native 
        grasses wherever appropriate, within the capitol area. 
           Sec. 2.  [REVISOR'S INSTRUCTIONS.] 
           (a) The revisor must organize the newly subdivided 
        Minnesota Statutes, section 15.50, into a new chapter of 
        Minnesota Statutes. 
           (b) The revisor must organize the subdivisions in this act 
        into several sections, as appropriate, under its powers in 
        Minnesota Statutes, chapter 3C. 
           (c) The revisor must place new subdivision 37 in an 
        appropriate place in Minnesota Statutes, chapter 16B. 
           (d) After the text is reorganized under paragraph (b), 
        references to Minnesota Statutes, section 15.50, that appear in 
        Minnesota Rules must be changed by the revisor to the 
        appropriate references. 
           (e) After the text is reorganized under paragraph (b), 
        references to Minnesota Statutes, section 15.50, that appear 
        elsewhere in Minnesota Statutes must be changed by the revisor 
        to the appropriate references. 
           Sec. 3.  [NO CHANGE IN MEANING; EFFECT OF MULTIPLE 
        AMENDMENTS.] 
           (a) The legislature intends the changes in the law amended 
        by this act to be changes in style and form only.  No change in 
        meaning is intended. 
           (b) If a provision is amended by this act and also by 
        another act adopted in 2003 and the provisions cannot be edited 
        together in Minnesota Statutes, the provision in this act is of 
        no effect. 
           Presented to the governor April 16, 2003 
           Signed by the governor April 17, 2003, 10:45 a.m.

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