Office of the Revisor of Statutes
Minnesota Session Laws - 2003, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 20-H.F.No. 8
An act relating to capital improvements; authorizing
spending to acquire and better public land and
buildings and other public improvements of a capital
nature with certain conditions; requiring certain
studies and reports; authorizing sale of bonds;
appropriating money; amending Laws 2002, chapter 393,
section 13, subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CAPITAL IMPROVEMENTS
Section 1. [CAPITAL IMPROVEMENT APPROPRIATIONS.]
The sums in the column under "APPROPRIATIONS" are
appropriated from the bond proceeds fund, or another named fund,
to the state agencies or officials indicated, to be spent for
public purposes. Appropriations of bond proceeds must be spent
as authorized by the Minnesota Constitution, article XI, section
5, paragraph (a), to acquire and better public land and
buildings and other public improvements of a capital nature, or
as authorized by article XI, section 5, paragraphs (b) to (j),
or article XIV. Unless otherwise specified, the appropriations
in this article are available until the project is completed or
abandoned.
SUMMARY
UNIVERSITY OF MINNESOTA $ 48,708,000
MINNESOTA STATE COLLEGES AND UNIVERSITIES 59,716,000
CHILDREN, FAMILIES, AND LEARNING 11,500,000
NATURAL RESOURCES 10,755,000
BOARD OF WATER AND SOIL RESOURCES 6,400,000
AMATEUR SPORTS COMMISSION 5,000,000
ARTS 30,000,000
TRANSPORTATION 26,500,000
METROPOLITAN COUNCIL 1,000,000
HEALTH 775,000
TRADE AND ECONOMIC DEVELOPMENT 29,800,000
MINNESOTA HISTORICAL SOCIETY 500,000
BOND SALE EXPENSES 236,000
TOTAL $ 230,890,000
Bond Proceeds Fund
(General Fund Debt Service) 183,256,000
Bond Proceeds Fund
(User Financed Debt Service) 47,634,000
APPROPRIATIONS
$
Sec. 2. UNIVERSITY OF MINNESOTA
Subdivision 1. To the board of regents
of the University of Minnesota for the
purposes specified in this section 48,708,000
Subd. 2. Twin Cities - Minneapolis
(a) Jones Hall 8,000,000
To renovate Jones Hall on the
Minneapolis campus.
The board of regents may use the
single-phase design-build method
described in Minnesota Statutes,
section 16C.31, subdivision 6,
paragraph (c), to implement this
project.
(b) Translational Research Facility 24,700,000
To design, construct, furnish, and
equip the Translational Research
Facility, an addition to the Lyons
Research Lab building on the
Minneapolis campus.
This appropriation is not available
until the commissioner of finance has
determined that at least $12,300,000
has been committed from nonstate
sources.
The board of regents may use the
two-phase design-build method described
in Minnesota Statutes, section 16C.31,
to implement this project.
(c) Teaching and Technology Center 3,000,000
To predesign and design a teaching and
technology center for the Institute of
Technology.
Subd. 3. Twin Cities - St. Paul
Veterinary Diagnostic Laboratory 1,500,000
To renovate and upgrade the veterinary
diagnostic laboratory to provide
additional laboratory space for a
veterinary molecular diagnostic
laboratory. The renovation and upgrade
must include space for molecular
diagnostic testing for paratuberculosis
(Johne's Disease), porcine reproductive
and respiratory syndrome virus in
swine, avian pneumovirus in turkeys,
bovine mastitis, and emerging and
foreign animal diseases.
Subd. 4. Morris 8,600,000
To design, renovate, furnish, and equip
the social science building to correct
building code deficiencies, remodel the
interior, install new windows, upgrade
the building's mechanical and
electrical systems, replace the roof,
and construct an addition over the
existing auditorium wing to create
space for faculty offices, and to
install fire protection systems in
three student housing facilities.
This appropriation is not available
until the commissioner of finance has
determined that at least $400,000 has
been committed from nonstate sources.
Subd. 5. Research and Outreach
Centers 2,508,000
To acquire land and design, construct,
furnish, and equip facilities at
research and outreach centers.
Projects funded by this appropriation
include:
(1) research laboratory and office
space at the Northwest ROC at
Crookston;
(2) an addition to the aspen/larch
genetics laboratory at the North
Central ROC at Grand Rapids and
acquisition of land for the development
of two test planting sites to conduct
research on fast-growing trees;
(3) an addition to the administration
building at the Southern ROC at Waseca;
and
(4) of this amount, $70,000 is to
construct an environmentally friendly
swine farrowing demonstration facility
at the West Central ROC, subject to
Minnesota Statutes, section 16A.695.
Subd. 6. Genomics Building -
Rochester 400,000
To predesign and design a medical
genomics research building at the Mayo
Clinic in Rochester, Minnesota, subject
to Minnesota Statutes, section 16A.695.
Subd. 7. Debt Service
(a) The board of regents shall pay the
debt service on one-third of the
principal amount of state bonds sold to
finance projects authorized by this
section, except that, where a nonstate
match is required, the debt service is
due on a principal amount equal to
one-third of the total project cost,
less the match committed before the
bonds are sold. After each sale of
general obligation bonds, the
commissioner of finance shall notify
the board of regents of the amounts
assessed for each year for the life of
the bonds.
(b) The commissioner shall reduce the
board's assessment each year by
one-third of the net income from
investment of general obligation bond
proceeds in proportion to the amount of
principal and interest otherwise
required to be paid by the board. The
board shall pay its resulting net
assessment to the commissioner of
finance by December 1 each year. If
the board fails to make a payment when
due, the commissioner of finance shall
reduce allotments for appropriations
from the general fund otherwise
available to the board and apply the
amount of the reduction to cover the
missed debt service payment. The
commissioner of finance shall credit
the payments received from the board to
the bond debt service account in the
state bond fund each December 1 before
money is transferred from the general
fund under Minnesota Statutes, section
16A.641, subdivision 10.
Subd. 8. Contingencies
The commissioner of finance must
combine into one account, under the
control of the board of regents, the
portion of each appropriation in this
section that is attributable to the
amount budgeted for contingencies for
projects in this section. The board
must manage the account to pay for
exceptional but necessary costs of
projects authorized in this section.
Upon substantial completion or
abandonment of all projects authorized
in this section, the board must use any
funds remaining in the contingency
account for HEAPR under Minnesota
Statutes, section 135A.046. The board
of regents must report by February 1 of
each even-numbered year to the chairs
of the house and senate committees with
jurisdiction over capital investments
and higher education finance, and to
the chairs of the house ways and means
committee and the senate finance
committee on how the money in the
contingency account has been allocated
or spent.
Sec. 3. MINNESOTA STATE COLLEGES AND
UNIVERSITIES
Subdivision 1. To the board of trustees
of the Minnesota state colleges and
universities for the purposes specified in
this section 59,716,000
Subd. 2. Bemidji State University 1,000,000
To design the colocation of the
emerging technologies and health care
programs of Bemidji State University
and Northwest Technical College.
Subd. 3. Dakota Technical College 500,000
To design the renovation of the west
side of the main campus facility to
create an information technology and
telecommunications center of excellence
and an integrated library and library
information technology center.
Subd. 4. Fergus Falls
Community College 760,000
To design, construct, furnish, and
equip an expansion of the existing
maintenance shop.
To design an addition to link
Administration and Fine Arts to provide
a one-stop student service shop, smart
classrooms, open computer laboratories;
design renovation to provide space for
technology support next to the library;
and design asset preservation work.
Subd. 5. Hennepin Technical College 2,000,000
To design, renovate, furnish, and equip
existing space at the Brooklyn Park and
Eden Prairie campuses.
Subd. 6. Inver Hills Community
College 500,000
To design renovation of existing space
and construction of an addition to
create a one-stop student services
shop; enlarge and colocate central
services, the bookstore, and a new
loading dock; upgrade mechanical
systems; and provide a welcoming front
door and help desk for the campus.
Subd. 7. Lake Superior Community
and Technical College 700,000
To design a student center addition to
house a consolidated system of student
services, smart classrooms, and open
laboratories.
Subd. 8. Minnesota State University -
Mankato - Phase 3 8,400,000
To renovate, furnish, and equip Otto
Arena and adjacent areas to provide a
student fitness facility.
Subd. 9. Minnesota West Community and
Technical College at Worthington 6,300,000
To design, construct, furnish, and
equip a one-stop student services shop
and welcome counter addition.
To design, renovate, furnish, and equip
two science laboratories and associated
preparation, storage, and office spaces.
To design, renovate, furnish, and equip
consolidated nursing and allied health
department and other classroom spaces.
Subd. 10. Northeast Higher Education
District - Virginia 5,496,000
To design, renovate, and equip science
laboratories, a learning resource
center, a student commons, and
classrooms, including
technology-equipped classrooms, and
construct new loading dock and driveway.
Subd. 11. Northwest Technical College -
Moorhead Campus 400,000
To design the renovation of existing
facilities and design new facilities
for an allied health and applied
technology laboratory and support
facilities.
Subd. 12. Ridgewater Community and
Technical College 2,880,000
To design, renovate, furnish, and equip
existing chemistry, physics, and
biology laboratories and convert a
classroom into a geology laboratory on
the Willmar campus.
To design, renovate, furnish, and equip
interior space to convert obsolete
applied laboratory space on the
Hutchinson campus into chemistry,
physics, and biology laboratories.
Subd. 13. South Central Technical
College 300,000
To design renovation of teaching
laboratories at the North Mankato
campus and design asset preservation at
the Faribault campus.
Subd. 14. Southeast Technical
College 580,000
To design, renovate, furnish, and equip
a one-stop student services area and
workforce center entrance at Winona.
To design the renovation of a one-stop
student services area and student
center entrance at Red Wing.
Subd. 15. Southwest State University 9,200,000
To renovate and reconfigure, furnish,
and equip the library and construct a
new entrance.
Subd. 16. St. Cloud State University 10,000,000
To design the renovation of Centennial
Hall and to renovate, furnish, and
equip the renovation of Centennial Hall
and its conversion from library to
classroom use and to design the code
correction and renovation of Riverview
Hall. This appropriation may also be
used for design of the renovation of
Brown Hall and Eastman Hall.
Subd. 17. St. Cloud Technical College 700,000
To design the construction of a
multistory building connected to the
existing facility and the renovation of
part of "G" wing.
Subd. 18. Land Acquisition 10,000,000
To acquire real property near the state
college and university campuses.
Subd. 19. Debt Service
(a) The board shall pay the debt
service on one-third of the principal
amount of state bonds sold to finance
projects authorized by this section,
except that, where a nonstate match is
required, the debt service is due on a
principal amount equal to one-third of
the total project cost, less the match
committed before the bonds are sold.
After each sale of general obligation
bonds, the commissioner of finance
shall notify the board of the amounts
assessed for each year for the life of
the bonds.
(b) The commissioner shall reduce the
board's assessment each year by
one-third of the net income from
investment of general obligation bond
proceeds in proportion to the amount of
principal and interest otherwise
required to be paid by the board. The
board shall pay its resulting net
assessment to the commissioner of
finance by December 1 each year. If
the board fails to make a payment when
due, the commissioner of finance shall
reduce allotments for appropriations
from the general fund otherwise
available to the board and apply the
amount of the reduction to cover the
missed debt service payment. The
commissioner of finance shall credit
the payments received from the board to
the bond debt service account in the
state bond fund each December 1 before
money is transferred from the general
fund under Minnesota Statutes, section
16A.641, subdivision 10.
Subd. 20. Contingencies
The commissioner of finance must
combine into one account, under the
control of the board of trustees, the
portion of each appropriation in this
section that is attributable to the
amount budgeted for contingencies for
projects in this section. The board
must manage the account to pay for
exceptional but necessary costs of
projects authorized in this section.
Upon substantial completion or
abandonment of all projects authorized
in this section, the board must use any
funds remaining in the contingency
account for HEAPR under Minnesota
Statutes, section 135A.046. The board
of trustees must report by February 1
of each even-numbered year to the
chairs of the house and senate
committees with jurisdiction over
capital investments and higher
education finance, and to the chairs of
the house ways and means committee and
the senate finance committee on how the
money in the contingency account has
been allocated or spent.
Sec. 4. CHILDREN, FAMILIES, AND LEARNING
Subdivision 1. To the commissioner of
children, families, and learning to be
known as the commissioner of education
as of August 1, 2003, for the
purposes specified in this section 11,500,000
Subd. 2. Library Access Grants 1,000,000
For library access grants under
Minnesota Statutes, section 134.45, to
remove architectural barriers from a
library building or site.
Subd. 3. Paul and Sheila Wellstone
Center for Community Building 5,000,000
For a grant to the city of St. Paul to
acquire land for and to design,
construct, furnish, and equip the Paul
and Sheila Wellstone center for
community building. The city may enter
into a lease or management agreement
for the center, subject to Minnesota
Statutes, section 16A.695.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources.
Subd. 4. Trollwood Performing
Arts School 5,500,000
For a grant to the city of Moorhead to
acquire land for and to design,
construct, furnish, and equip Trollwood
Performing Arts School in the city of
Moorhead, subject to Minnesota
Statutes, section 16A.695. Trollwood
must be available to regional arts
groups.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources.
Sec. 5. NATURAL RESOURCES
Subdivision 1. To the
commissioner of natural resources
for the purposes specified
in this section 10,755,000
Subd. 2. State Park and Recreation Area
Acquisition 1,000,000
For acquisition of land under Minnesota
Statutes, section 86A.05, subdivision
2, from willing sellers of private
lands within state park and recreation
area boundaries established by law.
Subd. 3. Metro Regional Park Acquisition
and Betterment 2,700,000
For a grant to the metropolitan council
to complete renovation of the Como Park
conservatory under phase 2. The
project must include renovation of the
fern room and construction of a bonsai
collection space, an orchid growing and
display house, and a children's
activity zone, as well as corridors and
connections to the education resource
building.
Subd. 4. State Trail Acquisition
and Development 475,000
To acquire, develop, and renovate state
trails as specified in Minnesota
Statutes, section 85.015.
$475,000 is for the Goodhue Pioneer
trail.
Subd. 5. Red Rock Rural
Water System 125,000
For a grant to the Red Rock rural water
system to acquire land, predesign,
design, construct, and equip the
southwest Minnesota regional water
supply project. This appropriation is
not available until at least an equal
amount of nonstate money has been
committed to the project.
Subd. 6. Dam Improvements 1,050,000
For a grant to the city of Crookston
for phases 2 and 3 of the Red Lake
River restoration and habitat
improvement project.
Subd. 7. Flood Hazard Mitigation Grants 1,405,000
For the state share of flood hazard
mitigation grants for publicly owned
capital improvements to prevent or
alleviate flood damage under Minnesota
Statutes, section 103F.161.
This appropriation includes money for
the following projects: Warren and Hay
Creek.
To the extent that the cost of the
project in Warren exceeds two percent
of the median household income in the
municipality multiplied by the number
of households in the municipality, this
appropriation is also for the local
share of the project.
Subd. 8. Stream Protection
and Restoration 500,000
For the design and implementation of
stream restoration projects that employ
natural channel design principles.
Subd. 9. Scientific and Natural Area
Acquisition and Improvement 2,000,000
To acquire land for scientific and
natural areas and for development,
protection, or improvements of a
capital nature to scientific and
natural areas throughout the state
under Minnesota Statutes, sections
84.033 and 86A.05, subdivision 5.
Up to $1,500,000 is to acquire and make
improvements of a capital nature to
restore and develop the Seminary fen in
the Assumption creek watershed in
Carver county. The commissioner shall
manage the Seminary fen in accordance
with Minnesota Statutes, chapter 86A,
in part as an aquatic management area,
in part as a scientific and natural
area, and in part as a wildlife
management area.
Subd. 10. Native Prairie
Bank Easements 1,000,000
For acquisition of native prairie bank
easements under Minnesota Statutes,
section 84.96.
Subd. 11. National Eagle Center 500,000
To the commissioner of administration
for a grant to the city of Wabasha to
construct the National Eagle Center.
The city of Wabasha may enter into a
lease or management agreement with a
nonprofit corporation under Minnesota
Statutes, section 16A.695. This
appropriation is not available until at
least $1,000,000 has been committed
from nonstate sources.
Sec. 6. BOARD OF WATER AND SOIL RESOURCES
Subdivision 1. To the board
of water and soil resources for the
purposes specified in this section 6,400,000
Subd. 2. RIM Conservation
Easements 1,000,000
This appropriation is to acquire
conservation easements from landowners
on marginal lands to protect soil and
water quality and to support fish and
wildlife habitat as provided in
Minnesota Statutes, section 103F.515.
Subd. 3. Wetland Replacement
Due to Public Road Projects 2,700,000
To acquire land for wetlands or restore
wetlands to be used to replace wetlands
drained or filled as a result of the
repair, maintenance, or rehabilitation
of existing public roads as required by
Minnesota Statutes, section 103G.222,
subdivision 1, paragraph (l).
The purchase price paid for acquisition
of land, fee, or perpetual easement
must be the fair market value as
determined by the board. The board may
enter into agreements with the federal
government, other state agencies,
political subdivisions, and nonprofit
organizations or fee owners to acquire
land and restore and create wetlands
and to acquire existing wetland banking
credits with money provided by this
appropriation. Acquisition of or the
conveyance of land may be in the name
of the political subdivision.
Subd. 4. Lazarus Creek 1,400,000
For a grant to Area II Minnesota River
Basin Projects, Inc. for construction
of the LQP-25/Lazarus Creek floodwater
retention project. The grant may not
exceed 75 percent of the project's
cost. The remaining share must be
provided by Area II Minnesota River
Basin Projects, Inc.
Subd. 5. Stillwater -
Brown's Creek 1,300,000
For a grant to the city of Stillwater
to provide environmental protection
capital improvements for Brown's Creek.
Sec. 7. AMATEUR SPORTS COMMISSION
Subdivision 1. To the amateur sports
commission for the purposes specified
in this section 5,000,000
Subd. 2. National Sport
Event Center 5,000,000
To construct, furnish, and equip a
national sport event center on the
campus of the National Sports Center
and for related capital development
costs, subject to Minnesota Statutes,
section 16A.695. No portion of this
appropriation may be used for either
the National Youth Golf Course or its
clubhouse. Release of this
appropriation is subject to approval by
the commissioner of finance of a plan
for the financing and operation of this
facility which describes the
relationship between the conference
center and the other elements of the
National Sports Center and the
involvement in this facility of the
National Sports Center Foundation.
Sec. 8. ARTS
Subdivision 1. To the commissioner of
administration for the purposes specified
in this section 30,000,000
Subd. 2. Minneapolis -
Children's Theatre Company 5,000,000
For a grant to Hennepin county to
design, construct, furnish, and equip
an expansion of the Children's Theatre
Company's current facility. Hennepin
county may enter into a lease or
management agreement for operation of
the theater, subject to Minnesota
Statutes, section 16A.695.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from nonstate sources.
Subd. 3. Minneapolis -
Guthrie Theater 25,000,000
For a grant to the Minneapolis
community development agency or its
successor to design, construct,
furnish, and equip a new Guthrie
Theater in the city of Minneapolis.
The Minneapolis community development
agency or its successor may enter into
a lease or management agreement for the
theater, subject to Minnesota Statutes,
section 16A.695.
This appropriation is not available
until the commissioner has determined
that at least three times the amount of
this appropriation has been committed
from nonstate sources.
Sec. 9. TRANSPORTATION
Subdivision 1. To the
commissioner of transportation for
the purposes specified in this section 26,500,000
Subd. 2. Local Road Improvement Program 20,000,000
To the commissioner of transportation
for deposit in the trunk highway
corridor projects account in the local
road improvement fund under Minnesota
Statutes, section 174.52, subdivision 2.
This appropriation is only available
for loans. Debt service on the bonds
sold to finance this appropriation must
be paid by the commissioner of
transportation from money in the trunk
highway corridor projects account in
the manner provided in Minnesota
Statutes, section 16A.643.
Subd. 3. Port Development Assistance 2,000,000
For grants under Minnesota Statutes,
sections 457A.01 to 457A.06. Any
improvements made with the proceeds of
these grants must be publicly owned.
Subd. 4. Freight Access Improvements 3,500,000
For a grant to the port authority of
Winona to construct intermodal
improvements at the Winona harbor. The
improvements may include commercial
harbor dredging, overpass construction,
street widening, signal installation,
and intersection reconstruction.
This appropriation is not available
until the commissioner has determined
that at least an equal amount has been
committed from any combination of
municipal state-aid money and nonstate
sources. The state share may be
allocated to any one or more of the
project elements, with the nonstate
money used to complete any elements not
completed with state money.
Subd. 5. Greater Minnesota
Transit Facilities 1,000,000
For capital assistance for greater
Minnesota transit systems to be used
for transit capital facilities under
Minnesota Statutes, section 174.24,
subdivision 3c. Money from this
appropriation may be used to pay up to
80 percent of the nonfederal share of
these facilities.
Sec. 10. METROPOLITAN COUNCIL 1,000,000
To the metropolitan council to design
the Northwest Busway Corridor.
Sec. 11. HEALTH 775,000
To design and construct a community
dental clinic at Lake Superior
Community College in Duluth and design
and renovate the Northwest Technical
College dental hygiene clinic in
Moorhead, subject to Minnesota
Statutes, section 16A.695.
Sec. 12. TRADE AND ECONOMIC DEVELOPMENT
Subdivision 1. To the commissioner of
trade and economic development, to be known
as the commissioner of employment and
economic development as of July 1,
2003, or other named agency for the
purposes specified in this section 29,800,000
Subd. 2. Redevelopment Account 1,000,000
For transfer to the redevelopment
account created in Minnesota Statutes,
section 116J.571. This appropriation
is only available for grants to
projects located outside of the
seven-county metropolitan area.
For a grant to the city of Little Falls
for environmental cleanup of the
Hennepin Paper Company property in the
city of Little Falls. No match is
required for this grant.
Subd. 3. Wastewater Infrastructure
Funding Program 15,000,000
To the public facilities authority for
grants to eligible municipalities under
the wastewater infrastructure program
established in Minnesota Statutes,
section 446A.072.
To the greatest practical extent, the
authority should use the grants for
projects on the 2002 project priority
list in priority order to qualified
applicants that submit plans and
specifications to the pollution control
agency or receive a funding commitment
from USDA rural development before
December 1, 2003.
$1,500,000 is for grants to the
Larsmont portion of the Knife
River-Larsmont sanitary district. This
appropriation must be used to reduce
the amount of the municipality's loan
from the water pollution revolving fund
that exceeds five percent of the market
value of the properties in the project
service area. This appropriation is in
addition to grants from other
appropriations.
Subd. 4. Greater Minnesota Business
Development Infrastructure Grant Program 7,500,000
For grants under Minnesota Statutes,
section 116J.431.
Subd. 5. St. Paul -
Roy Wilkins Auditorium 2,300,000
For a grant to the city of St. Paul for
asset preservation of the Roy Wilkins
Auditorium.
Subd. 6. St. Paul - Phalen Boulevard 4,000,000
For a grant to the city of St. Paul to
acquire land and to complete
contamination remediation on Phalen
Boulevard between I-35E and Johnson
Parkway. This appropriation is not
available until the commissioner has
determined that at least an equal
amount has been committed from nonstate
sources.
Sec. 13. MINNESOTA HISTORICAL SOCIETY
Subdivision 1. To the Minnesota
Historical Society for the purposes
specified in this section 500,000
Subd. 2. County and Local
Preservation Grants 300,000
To be allocated to county and local
jurisdictions as matching money for
historic preservation projects of a
capital nature. Grant recipients must
be public entities and must match state
funds on at least an equal basis. The
facilities must be publicly owned.
Subd. 3. Fort Belmont 200,000
For a grant to Jackson county to
design, construct, furnish, and equip a
new site for historic Fort Belmont,
subject to Minnesota Statutes, section
16A.695.
Sec. 14. BOND SALE EXPENSES 236,000
To the commissioner of finance for bond
sale expenses under Minnesota Statutes,
section 16A.641, subdivision 8. This
appropriation is from the bond proceeds
fund.
Sec. 15. BOND SALE SCHEDULE
The commissioner of finance shall
schedule the sale of state general
obligation bonds so that, during the
biennium ending June 30, 2005, no more
than $673,625,000 will need to be
transferred from the general fund to
the state bond fund to pay principal
and interest due and to become due on
outstanding state general obligation
bonds. During the biennium, before
each sale of state general obligation
bonds, the commissioner of finance
shall calculate the amount of debt
service payments needed on bonds
previously issued and shall estimate
the amount of debt service payments
that will be needed on the bonds
scheduled to be sold. The commissioner
shall adjust the amount of bonds
scheduled to be sold so as to remain
within the limit set by this section.
The amount needed to make the debt
service payments is appropriated from
the general fund as provided in
Minnesota Statutes, section 16A.641.
Sec. 16. [BOND SALE AUTHORIZATION.]
To provide the money appropriated in this article from the
bond proceeds fund, the commissioner of finance shall sell and
issue bonds of the state in an amount up to $230,890,000 in the
manner, upon the terms, and with the effect prescribed by
Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7.
Sec. 17. [FOREST ELEMENTARY SCHOOL.]
Subdivision 1. [BONDS AUTHORIZED.] Independent school
district No. 281, Robbinsdale, upon approval of its board and
subject to subdivision 4, may issue and sell general obligation
bonds under this section to finance the Forest Elementary School
project. The bonds must be issued in accord with Minnesota
Statutes, chapter 475, except that Minnesota Statutes, sections
475.58 and 475.59, do not apply. The total amount of bonds
authorized under this section must not exceed $11,315,000. The
authority to issue bonds under this section is in addition to
any bonding authority authorized by other law.
Subd. 2. [LEVY AUTHORIZED.] Independent school district No.
281, Robbinsdale, may levy the amounts necessary to make
payments for the bonds issued under this section.
Subd. 3. [NOTICE REQUIRED.] Before independent school
district No. 281, Robbinsdale, levies under this section, it
must publish notice of the intended project, including the total
estimated project cost and the estimated property tax impact of
the project.
Subd. 4. [REVERSE REFERENDUM.] A levy tentatively
authorized by the board under this section becomes finally
authorized unless a petition signed by more than 15 percent of
the registered voters of the district is filed with the school
board within 30 days of the board's adoption of a resolution
stating the board's intention to levy. The percentage is to be
determined with reference to the number of registered voters in
the district on the last day before the petition is filed with
the board. The petition must call for a referendum on the
question of whether to levy for the project authorized under
this section. The approval of 50 percent plus one of those
voting on the question is required to pass a referendum
authorized by this section. The referendum must be held on a
date set by the board. The ballot must provide a general
description of the proposed project and state the estimated
total cost of the project, the specific number of years, not to
exceed 20, for which the referendum authorization applies, the
maximum amount of the levy for each year, and the estimated tax
rate as a percentage of net tax capacity for the amount
specified for the first year and for the maximum amount
specified in the schedule. The ballot must contain a textual
portion with the information required in this subdivision and a
question stating substantially the following:
"Shall the special facilities levy for the Forest
Elementary School project proposed by the board of Independent
School District No. 281, Robbinsdale, be approved?"
If approved, the amount stated for each year may be
certified for the number of years approved. The district must
notify the commissioner of the results of the referendum.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 18. Laws 2002, chapter 393, section 13, subdivision
8, is amended to read:
Subd. 8. State-owned Property
The commissioner may enter into a
ground lease for state-owned property
in the capitol complex in conjunction
with the execution of a lease-purchase
agreement for any improvements
constructed on that site.
Notwithstanding the requirements of
Minnesota Statutes, section 16A.695,
subdivision 2, paragraph (b), the
ground lease must be for a term equal
to the term of the lease-purchase
agreement, and must include an option
to purchase the land at its then fair
market value if the improvements are
not purchased by the state at the end
of the term of the lease-purchase
agreement, or at any earlier time that
the lease-purchase agreement is
terminated.
The commissioner of administration may
lease surface, air, and utility rights
for state-owned property in a parking
structure constructed under subdivision
7 and this subdivision for a term up to
50 years, subject to the right of the
state to terminate the lease if the
parking structure is demolished.
Sec. 19. [FLOOD HAZARD MITIGATION GRANTS; PARTIAL
COMPLETION OF PROJECTS.]
The commissioner of natural resources may allocate money
for the flood hazard mitigation grants from the appropriation in
Laws 2002, chapter 393, section 7, subdivision 20, as amended by
Laws 2002, First Special Session chapter 1, section 12, and from
the appropriations in this act, for partial construction of
projects, notwithstanding that the projects will not be
completed until an additional appropriation is made, and
notwithstanding Minnesota Statutes, section 16B.31, subdivision
2.
Sec. 20. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
ARTICLE 2
ROSEAU FLOOD APPROPRIATIONS
Section 1. [CAPITAL IMPROVEMENT APPROPRIATIONS.]
The sums in the column under "APPROPRIATIONS" are
appropriated from the bond proceeds fund, or another named fund,
to the state agencies or officials indicated, to be spent for
public purposes. Appropriations of bond proceeds must be spent
as authorized by the Minnesota Constitution, article XI, section
5, paragraph (a), to acquire and better public land and
buildings and other public improvements of a capital nature, or
as authorized by article XI, section 5, paragraphs (b) to (j),
or article XIV. Unless otherwise specified, the appropriations
in this article are available until the project is completed or
abandoned. If there is a shortage of money for a program or
project funded in this article, or in the money available for
state and local match under Minnesota Statutes, section 12.221,
unused general fund money appropriated for any other program or
project in this article may be transferred by an interagency
agreement approved by the commissioner of finance to cover the
shortfall.
The term "the area included in DR-1419," when used in this
article, means the area designated under Presidential
Declaration of Major Disaster, DR-1419, whether included in the
original declaration or added later by federal government action.
SUMMARY
TRADE AND ECONOMIC DEVELOPMENT $ 1,625,000
NATURAL RESOURCES 3,000,000
TRANSPORTATION 1,400,000
TOTAL $ 6,025,000
Bond Proceeds Fund 4,625,000
Transportation Fund 1,400,000
APPROPRIATIONS
$
Sec. 2. TRADE AND ECONOMIC DEVELOPMENT
Subdivision 1. To the commissioner of
trade and economic development, to be
known as the commissioner of employment
and economic development as of July 1,
2003, for the purposes specified in
this section 1,625,000
Subd. 2. Public Infrastructure 1,125,000
To the public facilities authority for
grants to local units of government to
assist with the cost of rehabilitation
and replacement of publicly owned
infrastructure, including storm sewers,
wastewater and municipal utility
service, drinking water systems, and
other infrastructure damaged by
flooding in the area included in
DR-1419.
For the purposes of this appropriation,
criteria, limitations, and repayment
requirements in Minnesota Statutes,
sections 446A.07, 446A.072, and
446A.081, are waived.
Subd. 3. Capital Project Grant 500,000
For a grant to the city of Roseau to
relocate the flood damaged city hall,
auditorium, library, museum, and police
department out of the Roseau River
floodway as a result of flooding as
declared in DR-1419, and in accordance
with Minnesota Statutes, section 16A.86.
Sec. 3. NATURAL RESOURCES
Subdivision 1. To the commissioner of
natural resources for the purposes
specified in this section 3,000,000
Subd. 2. Flood Hazard Mitigation Grants 3,000,000
For the state share of flood hazard
mitigation grants for publicly owned
capital improvements to prevent or
alleviate flood damage under Minnesota
Statutes, section 103F.161.
The commissioner shall determine
project priorities as appropriate based
on need.
To the extent that the costs of the
100-year flood protection projects in
Roseau exceed two percent of the median
household income in the municipality
multiplied by the number of households
in the municipality, this appropriation
is also for the local share of the
project.
$1,000,000 is to buy out property
substantially damaged by flooding in
the area included in DR-1419.
Sec. 4. TRANSPORTATION
To the commissioner of transportation
for the purposes specified in this section 1,400,000
This appropriation is from the bond
proceeds account in the state
transportation fund.
$1,000,000 is from grants to local
governments for capital costs related
to the rehabilitation, replacement, or
reconstruction of roads or bridges
damaged or destroyed by flooding or
that provide future protection from
flood damages in the area included in
DR-1419. A grantee must submit to the
commissioner of transportation final
plans for each project before grant
money may be released. The
commissioner shall determine project
priorities and plans and require
changes to ensure the most prudent use
of state resources.
$400,000 is for a grant to the county
of Polk to repair a structure north of
Climax on marked state highway 220
damaged by flooding.
For grants under this section, the
requirements of Minnesota Statutes,
section 174.50, subdivisions 4, 5, 6,
6a, and 7, are waived.
Sec. 5. [BOND SALE AUTHORIZATION.]
Subdivision 1. [BOND PROCEEDS FUND.] To provide the money
appropriated in this article from the bond proceeds fund, the
commissioner of finance shall sell and issue bonds of the state
in an amount up to $4,625,000 in the manner, upon the terms, and
with the effect prescribed by Minnesota Statutes, sections
16A.631 to 16A.675, and by the Minnesota Constitution, article
XI, sections 4 to 7.
Subd. 2. [TRANSPORTATION FUND.] To provide the money
appropriated in this article from the state transportation fund,
the commissioner of finance shall sell and issue bonds of the
state in an amount up to $1,400,000 in the manner, upon the
terms, and with the effect prescribed by Minnesota Statutes,
sections 16A.631 to 16A.675, and by the Minnesota Constitution,
article XI, sections 4 to 7. The proceeds of the bonds, except
accrued interest and any premium received on the sale of the
bonds, must be credited to a bond proceeds account in the state
transportation fund.
Sec. 6. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
Presented to the governor May 30, 2003
Signed by the governor June 12, 2003, 9:41 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes