2001 Minnesota Statutes

CHAPTER 16B. Department of administration

     16B.01 Definitions. 

    Subdivision 1.    Applicability.  For purposes of this 
 chapter, the following terms have the meanings given them, 
 unless the context clearly indicates otherwise.  

    Subd. 2.    Agency.  "Agency" means any state officer, 
 employee, board, commission, authority, department, or other 
 agency of the executive branch of state government.  Unless 
 specifically provided elsewhere in this chapter, agency does not 
 include the Minnesota state colleges and universities. 

    Subd. 3.    Commissioner.  "Commissioner" means the 
 commissioner of administration.  

    Subd. 4.    State contract.  "State contract" means any 
 written instrument or electronic document containing the 
 elements of offer, acceptance and consideration to which a state 
 agency is a party.  

    Subd. 5.    Supplies, materials, and equipment.  
 "Supplies," "materials," and "equipment" includes articles and 
 things used by or furnished to an agency, including printing, 
 binding, and publication of books and records, repairs, and 
 improvements.  

    Subd. 6.    Utility services.  "Utility services" 
 includes telephone, telegraph, postal, electric light, and power 
 service, and all other services required for the maintenance, 
 operation, and upkeep of buildings and offices.  

    HIST: 1984 c 544 s 6; 1994 c 632 art 3 s 28; 1996 c 398 s 3 

     16B.02 Department of administration. 

    The department of administration is under the supervision 
 and control of the commissioner of administration, who is 
 appointed by the governor under section 15.06.  

    HIST: 1984 c 544 s 7 

     16B.03 Appointments. 

    The commissioner is authorized to appoint staff, including 
 two deputy commissioners, in accordance with chapter 43A.  

    HIST: 1984 c 544 s 8; 1999 c 250 art 1 s 53 

     16B.04 Authority. 

    Subdivision 1.    Rulemaking authority.  Subject to 
 chapter 14, the commissioner may adopt, amend, and rescind rules 
 relating to any purpose, responsibility, or authorization in 
 this chapter.  Rules adopted must comply with any provisions in 
 this chapter which specify or restrict the adoption of 
 particular rules.  

    Subd. 2.    Powers and duties, general.  Subject to 
 other provisions of this chapter, the commissioner is authorized 
 to:  

    (1) supervise, control, review, and approve all state 
 contracts and purchasing; 

    (2) provide agencies with supplies and equipment and 
 operate all central store or supply rooms serving more than one 
 agency; 

    (3) approve all computer plans and contracts, and oversee 
 the state's data processing system; 

    (4) investigate and study the management and organization 
 of agencies, and reorganize them when necessary to ensure their 
 effective and efficient operation; 

    (5) manage and control state property, real and personal; 

    (6) maintain and operate all state buildings, as described 
 in section 16B.24, subdivision 1; 

    (7) supervise, control, review, and approve all capital 
 improvements to state buildings and the capitol building and 
 grounds; 

    (8) provide central duplicating, printing, and mail 
 facilities; 

    (9) oversee publication of official documents and provide 
 for their sale; 

    (10) manage and operate parking facilities for state 
 employees and a central motor pool for travel on state business; 

    (11) establish and administer a state building code; and 

    (12) provide rental space within the capitol complex for a 
 private day care center for children of state employees.  The 
 commissioner shall contract for services as provided in this 
 chapter.  The commissioner shall report back to the legislature 
 by October 1, 1984, with the recommendation to implement the 
 private day care operation.  

    Subd. 3.    Delegation from governor.  The governor, 
 unless otherwise provided by law, may delegate to the 
 commissioner the administration of programs and projects of the 
 office of the governor directed by either state or federal law, 
 or which may be made available to the state under a grant of 
 funds either public or private.  Unless specifically prohibited 
 by law, the governor may delegate to the commissioner general 
 supervision of any program or activity of any agency the head of 
 which is either appointed by the governor or by a 
 gubernatorially appointed board.  The provisions of this 
 subdivision shall not be construed as authority to transfer 
 programs or activities, or part of them, from one department to 
 another.  

    Subd. 4.    Mission; efficiency.  It is part of the 
 department's mission that within the department's resources the 
 commissioner shall endeavor to: 

    (1) prevent the waste or unnecessary spending of public 
 money; 

    (2) use innovative fiscal and human resource practices to 
 manage the state's resources and operate the department as 
 efficiently as possible; 

    (3) coordinate the department's activities wherever 
 appropriate with the activities of other governmental agencies; 

    (4) use technology where appropriate to increase agency 
 productivity, improve customer service, increase public access 
 to information about government, and increase public 
 participation in the business of government; 

    (5) utilize constructive and cooperative labor-management 
 practices to the extent otherwise required by chapters 43A and 
 179A; 

    (6) report to the legislature on the performance of agency 
 operations and the accomplishment of agency goals in the 
 agency's biennial budget according to section 16A.10, 
 subdivision 1; and 

    (7) recommend to the legislature appropriate changes in law 
 necessary to carry out the mission and improve the performance 
 of the department. 

    HIST: 1984 c 485 s 1; 1984 c 544 s 9; 1984 c 655 art 2 s 13 
 subd 1; 1995 c 248 art 11 s 2; 1998 c 359 s 2; 1998 c 366 s 26 

     16B.05 Delegation by commissioner. 

    Subdivision 1.    Delegation of duties by commissioner.  
 The commissioner may delegate duties imposed by this chapter to 
 the head of an agency and to any subordinates of the head. 
 Delegated duties are to be exercised in the name of the 
 commissioner and under the commissioner's supervision and 
 control.  

    Subd. 2.    Facsimile or digital signatures and electronic 
 approvals.  When authorized by the commissioner, facsimile 
 signatures, electronic approvals, or digital signatures may be 
 used in accordance with the commissioner's delegated authority 
 and instructions.  Copies of the delegated authority and 
 instructions must be filed with the commissioner of finance, 
 state treasurer, and the secretary of state.  A facsimile 
 signature, electronic approval, or digital signature, when used 
 in accordance with the commissioner's delegated authority and 
 instructions, is as effective as an original signature. 

    HIST: 1984 c 544 s 10; 1986 c 444; 1994 c 632 art 3 s 29; 1997 
 c 202 art 3 s 1 

     16B.052 Authority to transfer funds. 

    The commissioner may, with the approval of the commissioner 
 of finance, transfer from an internal service or enterprise fund 
 account to another internal service or enterprise fund account, 
 any contributed capital appropriated by the legislature.  The 
 transfer may be made only to provide working capital or positive 
 cash flow in the account to which the money is transferred.  The 
 commissioner shall report the amount and purpose of the transfer 
 to the chair of the committee or division in the senate and 
 house of representatives with primary jurisdiction over the 
 budget of the department of administration.  The transfer must 
 be repaid within 18 months.  

    HIST: 1988 c 613 s 3; 2000 c 488 art 12 s 14 

     16B.053 Grants. 

    The commissioner may apply for, receive, and expend money 
 made available from federal or other sources for the purposes of 
 carrying out the duties and responsibilities of the commissioner 
 under sections 16B.054 and 16B.055. 

    All moneys received by the commissioner under sections 
 16B.054 and 16B.055 must be deposited in the state treasury and 
 are appropriated to the commissioner for the purpose for which 
 the moneys are received.  The money does not cancel and is 
 available until expended. 

    HIST: 1998 c 359 s 3 

     16B.054 Developmental disabilities. 

    The department of administration is designated as the 
 responsible agency to assist the Minnesota governor's council on 
 developmental disabilities in carrying out all responsibilities 
 under United States Code, title 42, section 6021 et seq., as 
 well as those responsibilities relating to the program which are 
 not delegated to the council. 

    HIST: 1998 c 359 s 4 

     16B.055 Lead agency. 

    Subdivision 1.    Governor's advisory council on 
 technology for people with disabilities.  The department of 
 administration shall serve as the lead agency to assist the 
 Minnesota governor's advisory council on technology for people 
 with disabilities in carrying out all responsibilities pursuant 
 to United States Code, title 29, section 2211 et seq., and any 
 other responsibilities related to that program. 

    Subd. 2.    Duties of council.  The council has the 
 following duties related to technology for people with 
 disabilities: 

    (1) to identify individuals with disabilities, including 
 individuals from underserved groups, who reside in the state and 
 conduct an ongoing evaluation of their needs for 
 technology-related assistance; 

    (2) to identify and coordinate state policies, resources, 
 and services relating to the provision of assistive technology 
 devices and assistive technology services to individuals with 
 disabilities, including entering into interagency agreements; 

    (3) to provide assistive technology devices and assistive 
 technology services to individuals with disabilities and payment 
 for the provision of assistive technology devices and assistive 
 technology services; 

    (4) to disseminate information relating to 
 technology-related assistance and sources of funding for 
 assistive technology devices and assistive technology services 
 to individuals with disabilities, the families or 
 representatives of individuals with disabilities, individuals 
 who work for public agencies, and private entities that have 
 contact with individuals with disabilities, including insurers, 
 employers, and other appropriate individuals; 

    (5) to provide training and technical assistance relating 
 to assistive technology devices and assistive technology 
 services to individuals with disabilities, the families or 
 representatives of individuals with disabilities, individuals 
 who work for public agencies, and private entities that have 
 contact with individuals with disabilities, including insurers, 
 employers, and other appropriate individuals; 

    (6) to conduct a public awareness program focusing on the 
 efficacy and availability of assistive technology devices and 
 assistive technology services for individuals with disabilities; 

    (7) to assist statewide and community-based organizations 
 or systems that provide assistive technology services to 
 individuals with disabilities; 

    (8) to support the establishment or continuation of 
 partnerships and cooperative initiatives between the public 
 sector and the private sector; 

    (9) to develop standards, or where appropriate, apply 
 existing standards to ensure the availability of qualified 
 personnel for assistive technology devices; 

    (10) to compile and evaluate appropriate data relating to 
 the program; and 

    (11) to establish procedures providing for the active 
 involvement of individuals with disabilities, the families or 
 representatives of the individuals, and other appropriate 
 individuals in the development and implementation of the 
 program, and for individuals with disabilities who use assistive 
 technology devices and assistive technology services, for their 
 active involvement, to the maximum extent appropriate in 
 decisions relating to the assistive technology devices and 
 assistive technology services. 

    Subd. 3.    Expiration.  Notwithstanding section 15.059, 
 the council expires June 30, 2003. 

    HIST: 1998 c 359 s 5; 1999 c 250 art 1 s 114; 2001 c 162 s 2 

  16B.06 Repealed, 1998 c 386 art 1 s 35 

  16B.07 Repealed, 1998 c 386 art 1 s 35 

  16B.08 Repealed, 1998 c 386 art 1 s 35 

  16B.089 Renumbered 16B.189 

  16B.09 Repealed, 1998 c 386 art 1 s 35 

  16B.10 Repealed, 1984 c 544 s 88 

  16B.101 Repealed, 1998 c 386 art 1 s 35 

  16B.102 Repealed, 1998 c 386 art 1 s 35 

  16B.103 Repealed, 1998 c 386 art 1 s 35 

  16B.104 Renumbered 16C.145 

  16B.11 Repealed, 1984 c 544 s 88 

  16B.12 Repealed, 1984 c 544 s 88 

     16B.121 Purchase of recycled, repairable, and durable 
  materials. 

    The commissioner shall take the recycled content and 
 recyclability of commodities to be purchased into consideration 
 in bid specifications.  When feasible and when the price of 
 recycled materials does not exceed the price of nonrecycled 
 materials by more than ten percent, the commissioner, and state 
 agencies when purchasing under delegated authority, shall 
 purchase recycled materials.  In order to maximize the quantity 
 and quality of recycled materials purchased, the commissioner, 
 and state agencies when purchasing under delegated authority, 
 may also use other appropriate procedures to acquire recycled 
 materials at the most economical cost to the state. 

    When purchasing commodities and services, the commissioner, 
 and state agencies when purchasing under delegated authority, 
 shall apply and promote the preferred waste management practices 
 listed in section 115A.02, with special emphasis on reduction of 
 the quantity and toxicity of materials in waste.  The 
 commissioner, and state agencies when purchasing under delegated 
 authority, in developing bid specifications, shall consider the 
 extent to which a commodity or product is durable, reusable, or 
 recyclable and marketable through the state resource recovery 
 program and the extent to which the commodity or product 
 contains postconsumer material. 

    HIST: 1Sp1989 c 1 art 18 s 1; 1992 c 514 s 3; 1992 c 593 art 1 
 s 1; 1993 c 249 s 1 

     16B.122 Purchase and use of paper stock; printing. 

    Subdivision 1.    Definitions.  The definitions in this 
 subdivision apply to this section. 

    (a) "Copier paper" means paper purchased for use in copying 
 machines. 

    (b) "Office paper" means notepads, loose-leaf fillers, 
 tablets, and other paper commonly used in offices. 

    (c) "Postconsumer material" means a finished material that 
 would normally be discarded as a solid waste, having completed 
 its life cycle as a consumer item. 

    (d) "Practicable" means capable of being used, consistent 
 with performance, in accordance with applicable specifications, 
 and availability within a reasonable time. 

    (e) "Printing paper" means paper designed for printing, 
 other than newsprint, such as offset and publication paper. 

    (f) "Public entity" means the state, an office, agency, or 
 institution of the state, the metropolitan council, a 
 metropolitan agency, the metropolitan mosquito control district, 
 the legislature, the courts, a county, a statutory or home rule 
 charter city, a town, a school district, another special taxing 
 district, or any contractor acting pursuant to a contract with a 
 public entity. 

    (g) "Soy-based ink" means printing ink made from soy oil. 

    (h) "Uncoated" means not coated with plastic, clay, or 
 other material used to create a glossy finish. 

    Subd. 2.    Purchases; printing.  (a) Whenever 
 practicable, a public entity shall:  

    (1) purchase uncoated office paper and printing paper; 

    (2) purchase recycled content paper with at least ten 
 percent postconsumer material by weight; 

    (3) purchase paper which has not been dyed with colors, 
 excluding pastel colors; 

    (4) purchase recycled content paper that is manufactured 
 using little or no chlorine bleach or chlorine derivatives; 

    (5) use no more than two colored inks, standard or 
 processed, except in formats where they are necessary to convey 
 meaning; 

    (6) use reusable binding materials or staples and bind 
 documents by methods that do not use glue; 

    (7) use soy-based inks; and 

    (8) produce reports, publications, and periodicals that are 
 readily recyclable within the state resource recovery program. 

    (b) Paragraph (a), clause (1), does not apply to coated 
 paper that is made with at least 50 percent postconsumer 
 material. 

    (c) A public entity shall print documents on both sides of 
 the paper where commonly accepted publishing practices allow. 

    (d) Notwithstanding paragraph (a), clause (2), and section 
 16B.121, copier paper purchased by a state agency must contain 
 at least ten percent postconsumer material by fiber content. 

    Subd. 3.    Public entity purchasing.  (a) 
 Notwithstanding section 365.37, 375.21, 412.311, or 473.705, a 
 public entity may purchase recycled materials when the price of 
 the recycled materials does not exceed the price of nonrecycled 
 materials by more than ten percent.  In order to maximize the 
 quantity and quality of recycled materials purchased, a public 
 entity also may use other appropriate procedures to acquire 
 recycled materials at the most economical cost to the public 
 entity. 

    (b) When purchasing commodities and services, a public 
 entity shall apply and promote the preferred waste management 
 practices listed in section 115A.02, with special emphasis on 
 reduction of the quantity and toxicity of materials in waste.  A 
 public entity, in developing bid specifications, shall consider 
 the extent to which a commodity or product is durable, reusable, 
 or recyclable and marketable through the applicable local or 
 regional recycling program and the extent to which the commodity 
 or product contains postconsumer material.  When a project by a 
 public entity involves the replacement of carpeting, the public 
 entity may require all persons who wish to bid on the project to 
 designate a carpet recycling company in their bids. 

    HIST: 1Sp1989 c 1 art 18 s 2; 1991 c 337 s 3; 1992 c 464 art 1 
 s 7; 1992 c 593 art 1 s 2; 1993 c 249 s 2; 1994 c 465 art 1 s 1; 
 1995 c 247 art 1 s 1 

  16B.123 Repealed, 1998 c 386 art 1 s 35 

     16B.124 Consideration of environmental impacts of metal 
  recycling facilities. 

    (a) The state, counties, towns, and home rule charter or 
 statutory cities shall include consideration of environmental 
 impacts in selecting a recycling facility for the recycling of 
 scrap metal. 

    (b) For the purposes of this section, "recycling facility" 
 has the meaning given in section 115A.03, subdivision 25c. 

    HIST: 1995 c 247 art 1 s 2 

  16B.125 Repealed, 1991 c 337 s 90 

     16B.126 Funds for energy efficient bulbs. 

    State agencies in the executive, legislative, and judicial 
 branches that purchase replacement bulbs in accordance with 
 section 16B.61, subdivision 3, paragraph (k), must use money 
 allocated for utility expenditures for the purchase. 

    HIST: 1991 c 149 s 1; 2001 c 7 s 8 

  16B.13 Repealed, 1998 c 386 art 1 s 35 

  16B.14 Repealed, 1998 c 386 art 1 s 35 

  16B.15 Repealed, 1998 c 386 art 1 s 35 

  16B.16 Repealed, 1998 c 386 art 1 s 35 

  16B.165 Repealed, 1999 c 135 s 10 

  16B.167 Repealed, 1998 c 386 art 1 s 35 

  16B.17 Repealed, 1998 c 386 art 1 s 35 

  16B.171 Renumbered 16C.081 

  16B.175 Repealed, 1998 c 386 art 1 s 35 

  16B.18 Repealed, 1998 c 386 art 1 s 35 

     16B.181 Purchases from corrections industries. 

    Subdivision 1.    Definitions.  As used in this section: 

    (1) "public entity" or "public entities" includes the state 
 and an agency, department, or institution of the state, any 
 governmental unit as defined in section 471.59, the state 
 legislative and judicial branches, and state colleges and 
 universities; and 

    (2) "items" includes articles, products, supplies, and 
 services. 

    Subd. 2.    Public entities; purchases from corrections 
 industries.  (a) The commissioner of corrections, in 
 consultation with the commissioner of administration, shall 
 prepare updated lists of the items available for purchase from 
 department of corrections industries and annually forward a copy 
 of the most recent list to all public entities within the 
 state.  A public entity that is supported in whole or in part 
 with funds from the state treasury may purchase items directly 
 from corrections industries.  The bid solicitation process is 
 not required for these purchases. 

    (b) The commissioner of administration shall develop a 
 contract or contracts to enable public entities to purchase 
 items directly from corrections industries.  The commissioner of 
 administration, in consultation with the commissioner of 
 corrections, shall determine the fair market price for listed 
 items.  The commissioner of administration shall require that 
 all requests for bids or proposals, for items provided by 
 corrections industries, be forwarded to the commissioner of 
 corrections to enable corrections industries to submit bids.  
 The commissioner of corrections shall consult with the 
 commissioner of administration prior to introducing new products 
 to the state agency market. 

    (c) No public entity may evade the intent of this section 
 by adopting slight variations in specifications, when Minnesota 
 corrections industry items meet the reasonable needs and 
 specifications of the public entity. 

    (d) The commissioners of administration and corrections 
 shall develop annual performance measures outlining goals to 
 maximize inmate work program participation.  The commissioners 
 of administration and corrections shall appoint cochairs for a 
 task force whose purpose is to determine additional methods to 
 achieve the performance goals for public entity purchasing.  The 
 task force shall include representatives from the Minnesota 
 house of representatives, Minnesota senate, the Minnesota state 
 colleges and universities, University of Minnesota, Minnesota 
 League of Cities, Minnesota Association of Counties, and 
 administrators with purchasing responsibilities from the 
 Minnesota state departments of corrections, public safety, 
 finance, transportation, natural resources, human services, 
 health, and economic security.  Notwithstanding section 15.059, 
 the task force created in this paragraph expires on June 30, 
 2003. 

    (e) If performance goals for public entity purchasing are 
 not achieved in two consecutive fiscal years, public entities 
 shall purchase items available from corrections industries.  The 
 commissioner of administration shall be responsible for 
 notifying public entities of this requirement. 

    HIST: 1995 c 226 art 5 s 1; 1996 c 408 art 8 s 1; 1998 c 386 
 art 1 s 2; 2001 c 210 s 1 

*   NOTE:  Subdivision 2 was also amended by Laws 2001, chapter 
*161, section 4, to read as follows: 

*   "Subd. 2.    PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS 
*INDUSTRIES.  (a) The commissioner of corrections, in 
*consultation with the commissioner of administration, shall 
*prepare updated lists of the items available for purchase from 
*department of corrections industries and annually forward a copy 
*of the most recent list to all public entities within the 
*state.  A public entity that is supported in whole or in part 
*with funds from the state treasury may purchase items directly 
*from corrections industries.  The bid solicitation process is 
*not required for these purchases. 

*   (b) The commissioner of administration shall develop a 
*contract or contracts to enable public entities to purchase 
*items directly from corrections industries.  The commissioner of 
*administration, in consultation with the commissioner of 
*corrections, shall determine the fair market price for listed 
*items.  The commissioner of administration shall require that 
*all requests for bids or proposals, for items provided by 
*corrections industries, be forwarded to the commissioner of 
*corrections to enable corrections industries to submit bids.  
*The commissioner of corrections shall consult with the 
*commissioner of administration prior to introducing new products 
*to the state agency market. 

*   (c) No public entity may evade the intent of this section 
*by adopting slight variations in specifications, when Minnesota 
*corrections industry items meet the reasonable needs and 
*specifications of the public entity. 

*   (d) The commissioners of administration and corrections 
*shall develop annual performance measures outlining goals to 
*maximize inmate work program participation.  The commissioners 
*of administration and corrections shall appoint cochairs for a 
*task force whose purpose is to determine additional methods to 
*achieve the performance goals for public entity purchasing.  The 
*task force shall include representatives from the Minnesota 
*house of representatives, Minnesota senate, the Minnesota state 
*colleges and universities, University of Minnesota, Minnesota 
*League of Cities, Minnesota Association of Counties, and 
*administrators with purchasing responsibilities from the 
*Minnesota state departments of corrections, public safety, 
*finance, transportation, natural resources, human services, 
*health, and economic security.  The task force required by this 
*paragraph expires June 30, 2003.  

*   (e) If performance goals for public entity purchasing are 
*not achieved in two consecutive fiscal years, public entities 
*shall purchase items available from corrections industries.  The 
*commissioner of administration shall be responsible for 
*notifying public entities of this requirement."

  16B.185 Repealed, 1998 c 386 art 1 s 35 

  16B.189 Repealed, 1990 c 541 s 31 

  16B.19 Repealed, 1998 c 386 art 1 s 35 

  16B.20 Repealed, 1998 c 386 art 1 s 35 

  16B.21 Repealed, 1998 c 386 art 1 s 35 

  16B.22 Repealed, 1998 c 386 art 1 s 35 

  16B.226 Repealed, 1998 c 386 art 1 s 35 

  16B.227 Repealed, 1998 c 386 art 1 s 35 

  16B.23 Repealed, 1998 c 386 art 1 s 35 

     16B.24 General authority. 

    Subdivision 1.    Operation and maintenance of buildings. 
  The commissioner is authorized to maintain and operate the 
 state capitol building and grounds, subject to whatever 
 standards and policies are set for its appearance and 
 cleanliness by the capitol area architectural and planning board 
 and the commissioner under section 15.50, subdivision 2, clause 
 (j), and all other buildings, cafeterias, and grounds in 
 state-owned buildings in the capitol area under section 15.50, 
 subdivision 2, clause (a), the state department of public 
 safety, bureau of criminal apprehension building in St. Paul, 
 the state department of health building in Minneapolis, the 
 Duluth government services center in Duluth, 321 Grove Street 
 buildings in St. Paul, any other properties acquired by the 
 department of administration, and, when the commissioner 
 considers it advisable and practicable, any other building or 
 premises owned or rented by the state for the use of a state 
 agency.  The commissioner shall assign and reassign office space 
 in the capitol and state buildings to make an equitable division 
 of available space among agencies.  The commissioner shall 
 regularly update the long-range strategic plan for locating 
 agencies and shall follow the plan in assigning and reassigning 
 space to agencies.  The plan must include locational and urban 
 design criteria, a cost-analysis method to be used in weighing 
 state ownership against leasing of space in specific instances, 
 and a transportation management plan.  If the commissioner 
 determines that a deviation from the plan is necessary or 
 desirable in a specific instance, the commissioner shall provide 
 the legislature with a timely written explanation of the reasons 
 for the deviation.  The power granted in this subdivision does 
 not apply to state hospitals or to educational, penal, 
 correctional, or other institutions not enumerated in this 
 subdivision the control of which is vested by law in some other 
 agency.  

    Subd. 2.    Repairs.  The commissioner shall supervise 
 and control the making of necessary repairs to all state 
 buildings and structures, except: 

    (1) structures, other than buildings, under the control of 
 the state transportation department; and 

    (2) buildings and structures under the control of the board 
 of trustees of the Minnesota state colleges and universities. 

    All repairs to the public and ceremonial areas and the 
 exterior of the state capitol building shall be carried out 
 subject to the standards and policies of the capitol area 
 architectural and planning board and the commissioner of 
 administration adopted pursuant to section 15.50, subdivision 2, 
 clause (h).  

    Subd. 3.    Disposal of old buildings.  The 
 commissioner, upon request of the head of an agency which has 
 control of a state-owned building which is no longer used or 
 which is a fire or safety hazard, shall, after obtaining 
 approval of the chairs of the senate finance committee and house 
 of representatives appropriations committee, sell, wreck, or 
 otherwise dispose of the building.  In the event a sale is made 
 the proceeds shall be deposited in the proper account or in the 
 general fund.  

    Subd. 3a.    Sale of real property.  By February 1 of 
 each year, the commissioner shall report to the chairs of the 
 senate committee on finance and the house of representatives 
 committees on ways and means and capital investment all sales or 
 other transfers of real property owned by the state that have 
 taken place in the preceding calendar year.  The report shall 
 include a description of the property, reason for the sale, the 
 name of the buyer, and the price for which the property was 
 sold.  Sales of easements need not be included.  This 
 subdivision does not apply to real property held by the 
 department of natural resources, the department of 
 transportation, or the board of water and soil resources, except 
 for real property that has been used for office space by any of 
 those agencies.  This subdivision does not apply to property 
 owned by the board of trustees of the Minnesota state colleges 
 and universities or the University of Minnesota.  

    Subd. 4.    Inspections; appraisals; inventories.  The 
 commissioner shall provide for the periodic inspection and 
 appraisal of all state property, real and personal, and for 
 current and perpetual inventories of all state property.  The 
 commissioner shall require agencies to make reports of the real 
 and personal property in their custody at the intervals and in 
 the form the commissioner considers necessary.  

    Subd. 5.    Renting out state property.  (a)    
 Authority.  The commissioner may rent out state property, real 
 or personal, that is not needed for public use, if the rental is 
 not otherwise provided for or prohibited by law.  The property 
 may not be rented out for more than five years at a time without 
 the approval of the state executive council and may never be 
 rented out for more than 25 years.  A rental agreement may 
 provide that the state will reimburse a tenant for a portion of 
 capital improvements that the tenant makes to state real 
 property if the state does not permit the tenant to renew the 
 lease at the end of the rental agreement. 

    (b)    Restrictions.  Paragraph (a) does not apply to 
 state trust fund lands, other state lands under the jurisdiction 
 of the department of natural resources, lands forfeited for 
 delinquent taxes, lands acquired under section 298.22, or lands 
 acquired under section 41.56 which are under the jurisdiction of 
 the department of agriculture.  

    (c)    Fort Snelling Chapel; rental.  The Fort Snelling 
 Chapel, located within the boundaries of Fort Snelling State 
 Park, is available for use only on payment of a rental fee.  The 
 commissioner shall establish rental fees for both public and 
 private use.  The rental fee for private use by an organization 
 or individual must reflect the reasonable value of equivalent 
 rental space.  Rental fees collected under this section must be 
 deposited in the general fund.  

    (d)    Rental of living accommodations.  The 
 commissioner shall establish rental rates for all living 
 accommodations provided by the state for its employees.  Money 
 collected as rent by state agencies pursuant to this paragraph 
 must be deposited in the state treasury and credited to the 
 general fund. 

    (e)    Lease of space in certain state buildings to state 
 agencies.  The commissioner may lease portions of the 
 state-owned buildings in the capitol complex, the capitol square 
 building, the health building, the Duluth government center, and 
 the building at 1246 University Avenue, St. Paul, Minnesota, to 
 state agencies and the court administrator on behalf of the 
 judicial branch of state government and charge rent on the basis 
 of space occupied.  Notwithstanding any law to the contrary, all 
 money collected as rent pursuant to the terms of this section 
 shall be deposited in the state treasury.  Money collected as 
 rent to recover the bond interest costs of a building funded 
 from the state bond proceeds fund shall be credited to the 
 general fund.  Money collected as rent to recover the 
 depreciation costs of a building funded from the state bond 
 proceeds fund and money collected as rent to recover capital 
 expenditures from capital asset preservation and replacement 
 appropriations and statewide building access appropriations 
 shall be credited to a segregated account in a special revenue 
 fund.  Money in the account is appropriated to the commissioner 
 to be expended for asset preservation projects as determined by 
 the commissioner.  Money collected as rent to recover the 
 depreciation and interest costs of a building built with other 
 state dedicated funds shall be credited to the dedicated fund 
 which funded the original acquisition or construction.  All 
 other money received shall be credited to the general services 
 revolving fund. 

    Subd. 6.    Property leases.  (a)    Leases.  The 
 commissioner shall lease land and other premises when necessary 
 for state purposes.  Notwithstanding subdivision 6a, paragraph 
 (a), the commissioner may lease land or premises for up to ten 
 years, subject to cancellation upon 30 days' written notice by 
 the state for any reason except lease of other non-state-owned 
 land or premises for the same use.  The commissioner may not 
 lease non-state-owned land and buildings or substantial portions 
 of land or buildings within the capitol area as defined in 
 section 15.50 unless the commissioner first consults with the 
 capitol area architectural and planning board.  If the 
 commissioner enters into a lease-purchase agreement for 
 buildings or substantial portions of buildings within the 
 capitol area, the commissioner shall require that any new 
 construction of non-state-owned buildings conform to design 
 guidelines of the capitol area architectural and planning 
 board.  Lands needed by the department of transportation for 
 storage of vehicles or road materials may be leased for five 
 years or less, such leases for terms over two years being 
 subject to cancellation upon 30 days' written notice by the 
 state for any reason except lease of other non-state-owned land 
 or premises for the same use.  An agency or department head must 
 consult with the chairs of the house appropriations and senate 
 finance committees before entering into any agreement that would 
 cause an agency's rental costs to increase by ten percent or 
 more per square foot or would increase the number of square feet 
 of office space rented by the agency by 25 percent or more in 
 any fiscal year.  

    (b)    Use vacant public space.  No agency may initiate 
 or renew a lease for space for its own use in a private building 
 unless the commissioner has thoroughly investigated presently 
 vacant space in public buildings, such as closed school 
 buildings, and found that none is available or use of the space 
 is not feasible, prudent, and cost-effective compared with 
 available alternatives.  

    (c)    Preference for certain buildings.  For needs 
 beyond those which can be accommodated in state-owned buildings, 
 the commissioner shall acquire and utilize space in suitable 
 buildings of historical, architectural, or cultural significance 
 for the purposes of this subdivision unless use of that space is 
 not feasible, prudent and cost-effective compared with available 
 alternatives.  Buildings are of historical, architectural, or 
 cultural significance if they are listed on the national 
 register of historic places, designated by a state or county 
 historical society, or designated by a municipal preservation 
 commission.  

    (d)    Recycling space.  Leases for space of 30 days or 
 more for 5,000 square feet or more must require that space be 
 provided for recyclable materials. 

    Subd. 6a.    Lease-purchase agreement; cancellation.  (a)
 With the approval of the commissioner of finance and the 
 recommendation of the legislative advisory commission, the 
 commissioner of administration may enter into lease-purchase 
 agreements.  A lease-purchase agreement must provide the state 
 with a unilateral right to purchase the leased premises at 
 specified times for specified amounts.  Under these lease 
 agreements, the lease rental rates shall not be more than market 
 rental rates.  Notwithstanding subdivision 6, the term of the 
 lease may be for more than ten years, but must not exceed 20 
 years.  Prior to exercising the state's right to purchase the 
 premises, the purchase must be approved by an act of the 
 legislature. 

    (b) A lease-purchase agreement entered into under paragraph 
 (a) must be subject to cancellation by the state for any reason 
 except lease of other non-state-owned land or premises for the 
 same use. 

    Subd. 7.    Power, heating, and lighting plants.  The 
 commissioner shall inspect all state power, heating, and 
 lighting plants, make rules governing their operation, and 
 recommend improvements in the plants which will promote their 
 economical and efficient operation.  

    Subd. 8.    Regional service center.  The commissioner 
 may establish a regional service center on a demonstration basis.
 The commissioner shall select agencies to participate in the 
 demonstration service center and determine equitable methods of 
 sharing space, personnel and equipment.  The commissioner may 
 enter into a lease for a base term of five years with a five 
 year leasehold renewal option to acquire suitable space for the 
 service center.  

    Subd. 9.    Smoking in state buildings.  (a) To protect 
 the public health, comfort, and environment and to protect the 
 nonsmoker's right to a smoke-free environment, smoking in all 
 buildings managed or leased by the commissioner under 
 subdivisions 1 and 6 is prohibited except in veterans homes 
 where smoking areas have been designated under a policy adopted 
 in accordance with paragraph (b). 

    (b) A veterans home may permit smoking only in designated 
 areas, providing that existing physical barriers and ventilation 
 systems can be used to prevent the presence of smoke in adjacent 
 nonsmoking areas. 

    No employee complaining of a violation of this subdivision 
 to a lessor, lessee, manager, or supervisor may be subjected to 
 any disciplinary action as a result of making the complaint. 

    Subd. 10.    Child care/workplace school space.  For 
 state office space that is leased, purchased, or substantially 
 remodeled after August 1, 1988, the commissioner shall consider 
 including space usable for child care services or for a 
 workplace school.  Space must be included if the commissioner 
 determines that it is needed and that it could be provided at 
 reasonable cost.  The commissioner may prepare sites as a common 
 usage space for the capitol complex. 

    Subd. 11.    Recycling of fluorescent lamps.  When a 
 fluorescent lamp containing mercury is removed from service in a 
 building or premises owned by the state or rented by the state, 
 the commissioner shall ensure that the lamp is recycled if a 
 recycling facility, which has been licensed or permitted by the 
 agency or is operated subject to a compliance agreement with, or 
 other approval by, the commissioner, is available in this state. 

    HIST: 1983 c 216 art 1 s 87; 1984 c 544 s 29; 1Sp1985 c 13 s 
 121; 1986 c 444; 1987 c 98 s 1; 1988 c 613 s 9,10; 1988 c 685 s 
 1; 1988 c 686 art 1 s 44,45; 1989 c 335 art 1 s 62; 1990 c 506 
 art 2 s 11; 1990 c 572 s 4,5; 1990 c 594 art 1 s 46; 1991 c 345 
 art 1 s 60; 1992 c 514 s 5,6; 1992 c 558 s 33; 1993 c 192 s 70; 
 1993 c 249 s 4; 1994 c 483 s 1; 1994 c 634 art 1 s 2; 1994 c 643 
 s 39; 1Sp1995 c 2 art 1 s 23; 1996 c 395 s 18; 1996 c 463 s 
 33,34; 1997 c 202 art 2 s 23; 1997 c 206 s 1,2; 1998 c 359 s 6; 
 1999 c 250 art 1 s 55 

*   NOTE:  The amendment to subdivision 5 by Laws 1999, chapter 
*250, article 1, section 55, is effective July 1, 2001.  Laws 
*1999, chapter 250, article 1, section 116.

     16B.241 Coordinated facility planning. 

    The commissioner of administration shall develop a 
 coordinated facility planning process for offices located 
 outside the metropolitan area for the following agencies:  the 
 departments of health, agriculture, and natural resources; the 
 pollution control agency; and the board of water and soil 
 resources.  Any proposals for consolidation or construction of 
 facilities for these agencies that are included in budget 
 documents submitted to the legislature under section 16A.11 must 
 first be considered as part of the planning process required by 
 this section. 

    HIST: 1994 c 643 s 40 

     16B.25 Lost property on state lands. 

    Subdivision 1.    Permits.  The commissioner may grant a 
 permit to search upon lands, highways, or in buildings owned by 
 the state for lost or abandoned property.  Conditions of a 
 permit may include a formula for dividing between the state and 
 the finder the proceeds of any property found and unclaimed.  

    Subd. 2.    Notice.  Lost or abandoned property found on 
 state lands is placed in the custody of the commissioner.  If 
 the rightful owner is known, the owner must be notified by 
 certified mail and may reclaim the property on paying the 
 expenses of the search.  

    Subd. 3.    Disposal.  Unclaimed property may be sold at 
 public sale, disposed of as state surplus property, or 
 destroyed, based on the commissioner's judgment of its value.  

    Subd. 4.    Money.  All lost or abandoned money found 
 under a permit granted pursuant to this section, and the 
 proceeds from the sale of other abandoned or lost property found 
 under a permit, must be deposited in the general fund.  

    HIST: 1984 c 544 s 30; 1Sp2001 c 10 art 2 s 25 

     16B.26 Utility companies, permits to cross state-owned 
  lands. 

    Subdivision 1.    Easements.  (a)   Authority.  
 Except where the authority conferred by this section has been 
 imposed on some other state or county office, the commissioner 
 may grant an easement or permit over, under, or across any land 
 owned by the state for the purpose of constructing roads, 
 streets, telephone, telegraph, and electric power lines, cables 
 or conduits, underground or otherwise, or mains or pipe lines 
 for gas, liquids, or solids in suspension.  This authority does 
 not apply to land under the jurisdiction of the commissioner of 
 natural resources or land obtained for trunk highway purposes.  

    (b)   Notice of revocation.  An easement or permit is 
 revocable by written notice given by the commissioner if at any 
 time its continuance will conflict with a public use of the land 
 over, under, or upon which it is granted, or for any other 
 reason.  The notice must be in writing and is effective 90 days 
 after the notice is sent by certified mail to the last known 
 address of the record holder of the easement.  If the address of 
 the holder of the easement or permit is not known, it expires 90 
 days after the notice is recorded in the office of the county 
 recorder of the county in which the land is located.  Upon 
 revocation of an easement, the commissioner may allow a 
 reasonable time to vacate the premises affected.  

    (c)   Easement runs with land.  State land subject to an 
 easement or permit granted by the commissioner remains subject 
 to sale or lease, and the sale or lease does not revoke the 
 permit or easement granted.  

    Subd. 2.    Land controlled by other agencies.  If the 
 easement or permit involves land under the jurisdiction of an 
 agency other than the department of administration, it is 
 subject to the approval of the head of the agency and is subject 
 to revocation by the commissioner as provided in this section, 
 on request of the head of the agency.  

    Subd. 3.    Application.  An application for easement or 
 permit under this section must be in quadruplicate and must 
 include:  a legal description of the land affected; a map 
 showing the area affected by the easement or permit; and a 
 detailed design of any structures to be placed on the land.  The 
 commissioner may require that the application be in another form 
 and include other descriptions, maps, or designs.  The 
 commissioner may at any time order changes or modifications 
 respecting construction or maintenance of structures or other 
 conditions of the easement which the commissioner finds 
 necessary to protect the public health and safety.  

    Subd. 4.    Form; duration.  The easement or permit must 
 be in a form prescribed by the attorney general and must 
 describe the location of the easement granted.  The easement or 
 permit continues until revoked by the commissioner, subject to 
 change or modification as provided in this section.  

    Subd. 5.    Consideration; terms.  The commissioner may 
 prescribe consideration and conditions for granting an easement 
 or permit.  Money received by the state under this section must 
 be credited to the fund to which income or proceeds of sale from 
 the land would be credited, if provision for the sale is made by 
 law.  Otherwise, it must be credited to the general fund.  

    HIST: 1984 c 544 s 31 

     16B.27 Governor's residence. 

    Subdivision 1.    Use.  The governor's residence must be 
 used for official ceremonial functions of the state, and to 
 provide suitable living quarters for the governor of the state.  

    Subd. 2.    Maintenance.  The commissioner shall 
 maintain the governor's residence in the same way as other state 
 buildings are maintained and shall rehabilitate, decorate, and 
 furnish the building.  The decoration and furnishing shall be 
 guided by the governor's residence council.  

    Subd. 3.    Council.  The governor's residence council 
 consists of the following 19 members:  the commissioner; the 
 spouse or a designee of the governor; the executive director of 
 the Minnesota state arts board; the director of the Minnesota 
 historical society; a member of the senate appointed pursuant to 
 the rules of the senate; a member of the house of 
 representatives appointed pursuant to the rules of the house of 
 representatives; 13 persons appointed by the governor including 
 one in the field of higher education, one member of the American 
 Society of Interior Designers, Minnesota Chapter, one member of 
 the American Institute of Architects, Minnesota chapter, one 
 member of the American Society of Landscape Architects, 
 Minnesota Chapter, one member of the family that donated the 
 governor's residence to the state, if available, and eight 
 public members with four public members' terms being coterminous 
 with the governor who appoints them.  Members of the council 
 serve without compensation.  Membership terms, removal, and 
 filling of vacancies for members appointed by the governor are 
 governed by section 15.0575.  The council shall elect a chair 
 and a secretary from among its members.  The council expires on 
 June 30, 2003. 

    Subd. 4.    Duties.  The council shall develop an 
 overall restoration plan for the governor's residence and 
 surrounding grounds and approve alterations in the existing 
 structure.  

    Subd. 5.    Gifts.  (a) To maintain and improve the 
 quality of furnishings for the public areas of the building, the 
 council may solicit and accept donated money, furnishings, 
 objects of art and other items the council determines may have 
 historical value in keeping with the building's period and 
 purpose.  The gift acceptance procedures of sections 7.09 to 
 7.12 do not apply to this subdivision.  

    (b) Notwithstanding sections 7.09 to 7.12, the council may 
 solicit contributions for the renovation of and capital 
 improvements to the governor's residence.  

    (c) Gifts for the benefit of the governor's residence and 
 surrounding grounds are not accepted by the state unless 
 accepted by the council.  The council shall maintain a complete 
 inventory of all gifts and articles received.  

    HIST: 1984 c 544 s 32; 1984 c 655 art 1 s 5; art 2 s 13 subd 
 1; 1986 c 444; 1988 c 629 s 12; 1993 c 46 s 1; 1998 c 359 s 7; 
 2001 c 161 s 5; 2001 c 162 s 3 

     16B.275 Capitol area cafeterias. 

    In entering into contracts for operation of cafeterias in 
 the capitol complex, the commissioner must attempt to ensure the 
 department does not receive revenues in excess of those needed 
 to operate and maintain the cafeteria space.  

    HIST: 1997 c 202 art 2 s 24 

  16B.28 Repealed, 1998 c 386 art 1 s 35 

  16B.29 Repealed, 1998 c 386 art 1 s 35 

     16B.295 Notice of documents to libraries. 

    The commissioner of administration shall make available to 
 educational institution libraries and public libraries documents 
 the department of administration receives, does not need, and 
 would otherwise discard.  For purposes of this section, 
 "documents" has the meaning given in section 3.302, subdivision 
 3. 

    HIST: 1986 c 320 s 1 

     16B.30 General authority. 

    (a) Subject to other provisions in this chapter, the 
 commissioner shall supervise and control the making of all 
 contracts for the construction of buildings and for other 
 capital improvements to state buildings and structures, other 
 than buildings and structures under the control of the board of 
 trustees of the Minnesota state colleges and universities.  
 Except as provided in paragraphs (b) and (c), a state agency may 
 not undertake improvements of a capital nature without specific 
 legislative authority. 

    (b) Specific legislative authority is not required for 
 repairs or minor capital projects financed with operating 
 appropriations or agency receipts that: 

    (1) are undertaken for asset preservation or code 
 compliance purposes; or 

    (2) do not materially increase the net square footage of a 
 facility; and in either case 

    (3) do not materially increase the cost of agency programs. 

    (c) Unless the commissioner determines that an urgency 
 exists, the commissioner of an agency undertaking a project with 
 a cost in excess of $50,000 pursuant to paragraph (b) shall 
 notify the chairs of the senate finance committee, the house 
 capital investment committee, the house ways and means 
 committee, the appropriate house and senate finance divisions, 
 and the director of the legislative coordinating commission 
 prior to incurring any contractual obligation with regard to the 
 project.  Any agency undertaking any project pursuant to this 
 paragraph during fiscal year 1999 must report all such projects 
 to the legislature by January 1, 2000. 

    HIST: 1984 c 544 s 35; 1992 c 558 s 34; 1996 c 395 s 18; 1996 
 c 457 s 5; 1998 c 404 s 33; 1999 c 240 art 1 s 16 

     16B.305 Capital budget requests. 

    Subdivision 1.    Architectural and cost standards.  The 
 commissioner shall discuss various architectural and cost 
 standards with experts from the public and private sector and 
 recommend the use of appropriate design and cost standards for 
 all capital budget requests. 

    Subd. 2.    Review of requests.  The commissioner shall 
 review agency requests for state buildings and help agencies 
 prepare adequate plans for use in presenting their capital 
 budget requests to the commissioner of finance, the governor, 
 and the legislature.  The commissioner shall provide information 
 on how a building project is consistent with the department's 
 long-range strategic plan for locating state agencies in the 
 commissioner's recommendations on a request. 

    Subd. 3.    Consultation required.  State agencies and 
 other public bodies considering capitol area projects shall 
 consult with the capitol area architectural and planning board 
 before developing plans for capital improvements or capital 
 budget proposals for submission to the legislature and 
 governor.  The board shall provide to the governor and 
 legislature a statement as to the request's impact upon the 
 capitol area and its compatibility with the comprehensive plan 
 for the capitol area.  

    HIST: 1991 c 342 s 6; 1994 c 643 s 41 

     16B.31 Commissioner must approve plans. 

    Subdivision 1.    Construction plans and specifications. 
  The commissioner shall (1) have plans and specifications 
 prepared for the construction, alteration, or enlargement of all 
 state buildings, structures, and other improvements except 
 highways and bridges, and except for buildings and structures 
 under the control of the board of trustees of the Minnesota 
 state colleges and universities; (2) approve those plans and 
 specifications; (3) advertise for bids and award all contracts 
 in connection with the improvements; (4) supervise and inspect 
 all work relating to the improvements; (5) approve all lawful 
 changes in plans and specifications after the contract for an 
 improvement is let; and (6) approve estimates for payment.  This 
 subdivision does not apply to the construction of the zoological 
 gardens.  

    Subd. 2.    Appropriations.  Plans must be paid for out 
 of money appropriated for the purpose of improving or 
 constructing the building.  No part of the balance may be 
 expended until the commissioner has secured suitable plans and 
 specifications, prepared by a competent architect or engineer, 
 and accompanied by a detailed statement of the cost, quality, 
 and description of all material and labor required for the 
 completion of the work.  No plan may be adopted, and no 
 improvement made or building constructed by the commissioner or 
 any other agency to whom an appropriation is made for a capital 
 improvement, that contemplates the expenditure for its 
 completion of more money than the appropriation for it, unless 
 otherwise provided in this section or the act making the 
 appropriation.  The commissioner or other agency may not direct 
 or permit any expenditure beyond that appropriated, and any 
 agent of the commissioner violating this provision is guilty of 
 a gross misdemeanor. 

    Subd. 3.    Federal aid.  (a)    Application for aid. 
  The commissioner, or any other agency to whom an 
 appropriation is made for a capital improvement, shall apply for 
 the maximum federal share for each project.  

    (b)    Acceptance of aid.  The commissioner is the state 
 agency empowered to accept money provided for or made available 
 to this state by the United States of America or any federal 
 department or agency for the construction and equipping of any 
 building for state purposes not otherwise provided for by law, 
 other than University of Minnesota buildings, in accordance with 
 the provisions of federal law and any rules or regulations 
 promulgated under federal law.  The commissioner may do whatever 
 is required of this state by federal law, rules, and regulations 
 in order to obtain the federal money.  

    (c)    Federal funds considered part of appropriation.  
 The commissioner may after consultation with the chairs of the 
 senate finance committee and house of representatives 
 appropriations committee, adopt a plan, provide for an 
 improvement, or construct a building that contemplates 
 expenditure for its completion of more money than the 
 appropriation for it, if the excess money is provided by the 
 United States government and granted to the state of Minnesota 
 under federal law or any rule or regulation promulgated under 
 federal law.  This federal money, for the purpose of this 
 section, is a part of the appropriation for the project.  

    (d)    Delayed federal money.  If an amount is payable 
 to a creditor of the state from a project account which is 
 financed partly with federal money and the project is included 
 in appropriations made to the commissioner for public buildings 
 and equipment, and the amount cannot be paid on time because of 
 a deficiency of money in the project account caused by a delay 
 in the receipt of federal money, the commissioner may provide 
 money needed to pay the amount by temporarily transferring the 
 sum to the project account from any other appropriation made to 
 the commissioner in the same act.  Required money for a payment 
 is appropriated for that purpose.  When the delayed federal 
 money is received, the commissioner shall have the amount of 
 money transferred returned to the account from which it came.  

    Subd. 4.    Capitol area architectural and planning board. 
  (a)   Comprehensive use plan; competitions.  
 Notwithstanding any provision of this section to the contrary, 
 plans for proposed new buildings and for features of existing 
 public buildings in the capitol area which the capitol area 
 architectural and planning board consider to possess 
 architectural significance are subject to section 15.50, 
 subdivision 2, clauses (c) and (e). 

    (b)   Approval required.  The preparation of plans and 
 specifications for the capitol area, as defined in section 
 15.50, may not be initiated, contracted for, or conducted 
 without consultation with the capitol area architectural and 
 planning board to the extent the plans and specifications 
 involve the public and ceremonial areas and the exterior of the 
 capitol building and the lobbies, public concourses, and other 
 features of other public buildings in the capitol area which the 
 capitol area architectural and planning board considers to have 
 architectural significance.  The commissioner may not approve or 
 adopt plans or specifications for the capitol area unless they 
 have been approved by the capitol area architectural and 
 planning board.  The capitol area architectural and planning 
 board must also be advised of and approve changes in plans and 
 specifications which affect projects within the capitol area.  

    Subd. 5.    Methods of acquisition.  If money has been 
 appropriated to the commissioner to acquire lands or sites for 
 public buildings or real estate, the acquisition may be by gift, 
 purchase, or condemnation proceedings.  Condemnation proceedings 
 must be under chapter 117. 

    Subd. 6.    State buildings.  (a) The commissioner of 
 administration, in cooperation with the commissioner of finance 
 shall:  

    (1) establish a state building classification system for 
 state-owned buildings, with each class representing a different 
 quality of building construction, to be incorporated into the 
 capital budget format and instructions; and 

    (2) create and maintain an inventory of all major state 
 buildings and office space owned or leased by the state, 
 including a classification system on the condition and 
 suitability of each major building. 

    (b) The commissioner of administration shall present to the 
 legislature a supportable cost analysis whenever the 
 commissioner proposes, for the purpose of providing state agency 
 office space, to: 

    (1) enter into a lease for more than 50,000 square feet or 
 for more than ten years; 

    (2) enter into a lease-purchase agreement or an agreement 
 to lease with option to buy property; 

    (3) purchase an existing building; or 

    (4) construct a new building. 

    Subd. 7.    Department may keep litigation money.  
 Notwithstanding any law to the contrary, the department of 
 administration may keep money received from successful 
 litigations by or against the department involving capital 
 improvements to state buildings.  Awards made to the state or 
 the department resulting from litigation against or by the 
 department must be kept by the department to the credit of the 
 account or accounts from which the litigation and capital 
 improvement project were originally funded.  Awards may be used 
 to pay for litigation costs and the cost to correct the 
 deficiencies which were the subject of the litigation.  The 
 department shall report on any awards it receives as part of its 
 biennial budget request. 

    HIST: 1984 c 544 s 36; 1986 c 444; 1989 c 300 art 1 s 25,26; 
 1990 c 610 art 1 s 41; 1992 c 514 s 7; 1992 c 558 s 35; 1996 c 
 395 s 18; 1996 c 457 s 6; 1999 c 250 art 1 s 56 

     16B.32 Energy use. 

    Subdivision 1.    Alternative energy sources.  Plans 
 prepared by the commissioner for a new building or for a 
 renovation of 50 percent or more of an existing building or its 
 energy systems must include designs which use active and passive 
 solar energy systems, earth sheltered construction, and other 
 alternative energy sources where feasible.  

    Subd. 2.    Energy conservation goals.  The commissioner 
 of administration in consultation with the commissioner of 
 commerce, in cooperation with one or more public utilities or 
 comprehensive energy services providers, may conduct a 
 shared-savings program involving energy conservation 
 expenditures on state-owned and wholly state-leased buildings.  
 The public utility or energy services provider shall contract 
 with appropriate state agencies to implement energy efficiency 
 improvements in the selected buildings.  A contract must require 
 the public utility or energy services provider to include all 
 energy efficiency improvements in selected buildings that are 
 calculated to achieve a cost payback within ten years.  The 
 contract must require that the public utility or energy services 
 provider be repaid solely from energy cost savings and only to 
 the extent of energy cost savings.  Repayments must be 
 interest-free.  The goal of the program in this paragraph is to 
 demonstrate that through effective energy conservation the total 
 energy consumption per square foot of state-owned and wholly 
 state-leased buildings could exceed existing energy code by at 
 least 30 percent.  All agencies must report to the commissioner 
 of administration their monthly energy usage, building 
 schedules, inventory of energy-consuming equipment, and other 
 information as needed by the commissioner to manage and evaluate 
 the program. 

    Subd. 3.    Gifts.  The commissioner may accept gifts 
 for energy efficiency improvements in state-owned and wholly 
 leased buildings.  Energy cost savings from these improvements, 
 up to the cost of these improvements, shall be deposited in a 
 special revenue fund established in the state treasury.  Money 
 in the special revenue fund is appropriated to the commissioner 
 to implement further energy efficiency improvements in 
 state-owned or wholly leased buildings. 

    HIST: 1984 c 544 s 37; 1991 c 235 art 5 s 1,3; 1994 c 632 art 
 3 s 32; 1994 c 634 art 1 s 3; 1995 c 254 art 1 s 91; 1999 c 250 
 art 1 s 57,115; 2001 c 212 art 1 s 1; 1Sp2001 c 4 art 6 s 7 

*   NOTE:  Subdivision 2 was also amended by Laws 2001, chapter 
*162, section 4, to read as follows: 

*   "Subd. 2.    Energy conservation goals; efficiency 
*program.  (a) The commissioner of administration in 
*consultation with the department of public service, in 
*cooperation with one or more public utilities or comprehensive 
*energy services providers, may conduct a shared-savings program 
*involving energy conservation expenditures on state-owned 
*buildings.  The public utility or energy services provider shall 
*contract with appropriate state agencies to implement energy 
*efficiency improvements in the selected buildings.  A contract 
*must require the public utility or energy services provider to 
*include all energy efficiency improvements in selected buildings 
*that are calculated to achieve a cost payback within ten years.  
*The contract must require that the public utility or energy 
*services provider be repaid solely from energy cost savings and 
*only to the extent of energy cost savings.  Repayments must be 
*interest-free.  The goal of the program in this paragraph is to 
*demonstrate that through effective energy conservation the total 
*energy consumption per square foot of state-owned and wholly 
*state-leased buildings could be reduced by at least 25 percent 
*from consumption in the base year of 1990.  All agencies 
*participating in the program must report to the commissioner of 
*administration their monthly energy usage, building schedules, 
*inventory of energy-consuming equipment, and other information 
*as needed by the commissioner to manage and evaluate the program.

*   (b) The commissioner may exclude from the program of 
*paragraph (a) a building in which energy conservation measures 
*are carried out.  "Energy conservation measures" means measures 
*that are applied to a state building that improve energy 
*efficiency and have a simple return of investment in ten years 
*or within the remaining period of a lease, whichever time is 
*shorter, and involves energy conservation, conservation 
*facilities, renewable energy sources, improvements in operations 
*and maintenance efficiencies, or retrofit activities. 

*   (c) This subdivision expires January 1, 2006."

     16B.325 Sustainable building guidelines. 

    The department of administration and the department of 
 commerce, with the assistance of other agencies, shall develop 
 sustainable building design guidelines for all new state 
 buildings by January 15, 2003.  The primary objectives of these 
 guidelines are to ensure that all new state buildings initially 
 exceed existing energy code, as established in Minnesota Rules, 
 chapter 7676, by at least 30 percent.  The guidelines must focus 
 on achieving the lowest possible lifetime cost for new buildings 
 and allow for changes in the guidelines that encourage continual 
 energy conservation improvements in new buildings.  The design 
 guidelines must establish sustainability guidelines that include 
 air quality and lighting standards and that create and maintain 
 a healthy environment and facilitate productivity improvements; 
 specify ways to reduce material costs; and must consider the 
 long-term operating costs of the building, including the use of 
 renewable energy sources and distributed electric energy 
 generation that uses a renewable source or natural gas or a fuel 
 that is as clean or cleaner than natural gas.  In developing the 
 guidelines, the departments shall use an open process, including 
 providing the opportunity for public comment.  The guidelines 
 established under this section are mandatory for all new 
 buildings receiving funding from the bond proceeds fund after 
 January 1, 2004. 

    HIST: 2001 c 212 art 1 s 2 

     16B.33 Designer selection board. 

    Subdivision 1.    Definitions.  As used in this section, 
 the following terms have the meanings given them:  

    (a) "Agency" has the meaning given in section 16B.01.  

    (b) "Architect" means an architect or landscape architect 
 registered to practice under sections 326.02 to 326.15.  

    (c) "Board" means the state designer selection board.  

    (d) "Designer" means an architect or engineer, or a 
 partnership, association, or corporation comprised primarily of 
 architects or engineers or of both architects and engineers.  

    (e) "Engineer" means an engineer registered to practice 
 under sections 326.02 to 326.15.  

    (f) "Person" includes an individual, corporation, 
 partnership, association, or any other legal entity.  

    (g) "Primary designer" means the designer who is to have 
 primary design responsibility for a project, and does not 
 include designers who are merely consulted by the user agency 
 and do not have substantial design responsibility, or designers 
 who will or may be employed or consulted by the primary designer.

    (h) "Project" means an undertaking to construct, erect, or 
 remodel a building by or for the state or an agency.  

    (i) "User agency" means the agency undertaking a specific 
 project.  

    Subd. 2.    Organization of board.  (a)    Membership. 
  The state designer selection board consists of seven 
 individuals, the majority of whom must be Minnesota residents.  
 Each of the following four organizations shall nominate one 
 individual whose name and qualifications shall be submitted to 
 the commissioner of administration for consideration:  the 
 Consulting Engineers Council of Minnesota after consultation 
 with other professional engineering societies in the state; the 
 AIA Minnesota; the Minnesota chapter of the Associated General 
 Contractors after consultation with other commercial contractor 
 associations in the state; and the Minnesota board of the arts.  
 The commissioner may appoint the four named individuals to the 
 board but may reject a nominated individual and request another 
 nomination.  The fifth member shall be a representative of the 
 user agency, the University of Minnesota, or the Minnesota state 
 colleges and universities, designated by the user agency.  The 
 remaining two citizen members shall also be appointed by the 
 commissioner.  

    (b)    Nonvoting member.  In addition to the seven 
 members of the board, one nonvoting member representing the 
 commissioner shall participate in the interviewing and selection 
 of designers pursuant to this section.  

    (c)    Terms; compensation; removal; vacancies.  The 
 membership terms, compensation, removal of members, and filling 
 of vacancies on the board are as provided in section 15.0575.  
 No individual may serve for more than two consecutive terms.  

    (d)    Officers, rules.  At its first meeting, the board 
 shall elect a voting member of the board as chair.  The board 
 shall also elect other officers necessary for the conduct of its 
 affairs.  The board shall adopt rules governing its operations 
 and the conduct of its meetings.  The rules shall provide for 
 the terms of the chair and other officers.  

    (e)    Meetings.  The board shall meet as often as is 
 necessary, not less than twice annually, in order to act 
 expeditiously on requests submitted to it for selection of 
 primary designers.  

    (f)    Office, staff, records.  The department of 
 administration shall provide the board with suitable quarters to 
 maintain an office, hold meetings, and keep records.  The 
 commissioner shall designate an employee of the department of 
 administration to serve as executive secretary to the board and 
 shall furnish a secretarial staff to the board as necessary for 
 the expeditious conduct of the board's duties and 
 responsibilities.  

    Subd. 3.    Agencies must request designer.  (a)   
 Application.  Upon undertaking a project with an estimated 
 cost greater than $750,000 or a planning project with estimated 
 fees greater than $60,000, every user agency, except the capitol 
 area architectural and planning board, shall submit a written 
 request for a primary designer for its project to the 
 commissioner, who shall forward the request to the board.  The 
 University of Minnesota and the Minnesota state colleges and 
 universities shall follow the process in subdivision 3a to 
 select designers for their projects.  The written request must 
 include a description of the project, the estimated cost of 
 completing the project, a description of any special 
 requirements or unique features of the proposed project, and 
 other information which will assist the board in carrying out 
 its duties and responsibilities set forth in this section.  

    (b)    Reactivated project.  If a project for which a 
 designer has been selected by the board becomes inactive, 
 lapses, or changes as a result of project phasing, insufficient 
 appropriations, or other reasons, the commissioner, the 
 Minnesota state colleges and universities, or the University of 
 Minnesota may, if the project is reactivated, retain the same 
 designer to complete the project.  

    (c)    Fee limit reached after designer selected.  If a 
 project initially estimated to be below the cost and planning 
 fee limits of this subdivision has its cost or planning fees 
 revised so that the limits are exceeded, the project must be 
 referred to the board for designer selection even if a primary 
 designer has already been selected.  In this event, the board 
 may, without conducting interviews, elect to retain the 
 previously selected designer if it determines that the interests 
 of the state are best served by that decision and shall notify 
 the commissioner of its determination.  

    Subd. 3a.    Higher education projects.  (a) When the 
 University of Minnesota or the Minnesota state colleges and 
 universities undertakes a project involving construction or 
 major remodeling, as defined in section 16B.335, subdivision 1, 
 with an estimated cost greater than $2,000,000 or a planning 
 project with estimated fees greater than $200,000, the system 
 shall submit a written request for a primary designer to the 
 commissioner, as provided in subdivision 3. 

    (b) When the University of Minnesota or the Minnesota state 
 colleges and universities undertakes a project involving 
 renovation, repair, replacement, or rehabilitation, the system 
 office may submit a written request for a primary designer to 
 the commissioner as provided in subdivision 3. 

    (c) For projects at the University of Minnesota or the 
 state colleges and universities, the board shall select at least 
 two primary designers under subdivision 4 for recommendation to 
 the board of regents or the board of trustees.  Meeting records 
 or written evaluations that document the final selection are 
 public records.  The board of regents or the board of trustees 
 shall notify the commissioner of the designer selected from the 
 recommendations. 

    Subd. 4.    Designer selection process.  (a)    
 Publicity.  Upon receipt of a request from a user agency for a 
 primary designer, the board shall publicize the proposed project 
 in order to determine the identity of designers interested in 
 the design work on the project.  The board shall establish 
 criteria for the selection process and make this information 
 public, and shall compile data on and conduct interviews of 
 designers.  The board's selection criteria must include 
 consideration of each interested designer's performance on 
 previous projects for the state or any other person.  Upon 
 completing the process, the board shall select the primary 
 designer and shall state its reasons in writing.  Notification 
 to the commissioner of the selection shall be made not more than 
 60 days after receipt from a user agency of a request for a 
 primary designer.  The commissioner shall promptly notify the 
 designer and the user agency.  The commissioner shall negotiate 
 the designer's fee and prepare the contract to be entered into 
 between the designer and the user agency.  

    (b)    Conflict of interest.  A board member may not 
 participate in the review, discussion, or selection of a 
 designer or firm in which the member has a financial interest. 

    (c)    Selection by commissioner.  In the event the 
 board receives a request for a primary designer on a project, 
 the estimated cost of which is less than the limit established 
 by subdivision 3, or a planning project with estimated fees of 
 less than the limit established by subdivision 3, the board may 
 submit the request to the commissioner of administration, with 
 or without recommendations, and the commissioner shall thereupon 
 select the primary designer for the project.  

    (d)    Second selection.  If the designer selected for a 
 project declines the appointment or is unable to reach agreement 
 with the commissioner on the fee or the terms of the contract, 
 the commissioner shall, within 60 days after the first 
 appointment, request the board to make another selection.  

    (e)    Sixty days to select.  If the board fails to make 
 a selection and forward its recommendation to the commissioner 
 within 60 days of the user agency's request for a designer, the 
 commissioner may appoint a designer to the project without the 
 recommendation of the board.  

    (f)    Less than satisfactory performance.  The 
 commissioner, or the University of Minnesota and the Minnesota 
 state colleges and universities for projects under their 
 supervision, shall forward to the board a written report 
 describing each instance in which the performance of a designer 
 selected by the board or the commissioner has been less than 
 satisfactory.  Criteria for determining satisfaction include the 
 ability of the designer to complete design work on time, to 
 provide a design responsive to program needs within the 
 constraints of the budget, to solve design problems and achieve 
 a design consistent with the proposed function of the building, 
 to avoid costly design errors or omissions, and to observe the 
 construction work.  These reports are public data and are 
 available for inspection under section 13.03. 

    HIST: 1984 c 544 s 38; 1985 c 285 s 5; 1986 c 444; 1992 c 514 
 s 8; 1996 c 398 s 7-10; 2000 c 384 s 1,2; 2001 c 33 s 1 

     16B.335 Review of plans and projects. 

    Subdivision 1.    Construction and major remodeling.  (a)
 The commissioner, or any other recipient to whom an 
 appropriation is made to acquire or better public lands or 
 buildings or other public improvements of a capital nature, must 
 not prepare final plans and specifications for any construction, 
 major remodeling, or land acquisition in anticipation of which 
 the appropriation was made until the agency that will use the 
 project has presented the program plan and cost estimates for 
 all elements necessary to complete the project to the chair of 
 the senate finance committee and the chair of the house ways and 
 means committee and the chairs have made their recommendations, 
 and the chair of the house capital investment committee is 
 notified.  "Construction or major remodeling" means construction 
 of a new building, a substantial addition to an existing 
 building, or a substantial change to the interior configuration 
 of an existing building.  The presentation must note any 
 significant changes in the work that will be done, or in its 
 cost, since the appropriation for the project was enacted or 
 from the predesign submittal.  The program plans and estimates 
 must be presented for review at least two weeks before a 
 recommendation is needed.  The recommendations are advisory 
 only.  Failure or refusal to make a recommendation is considered 
 a negative recommendation.  The chairs of the senate finance 
 committee, the house capital investment committee, and the house 
 ways and means committee must also be notified whenever there is 
 a substantial change in a construction or major remodeling 
 project, or in its cost. 

    (b) Capital projects exempt from the requirements of this 
 subdivision include demolition or decommissioning of state 
 assets, hazardous material projects, utility infrastructure 
 projects, environmental testing, parking lots, exterior 
 lighting, fencing, highway rest areas, truck stations, storage 
 facilities not consisting primarily of offices or heated work 
 areas, roads, bridges, trails, pathways, campgrounds, athletic 
 fields, dams, floodwater retention systems, water access sites, 
 harbors, sewer separation projects, water and wastewater 
 facilities, port development projects for which the commissioner 
 of transportation has entered into an assistance agreement under 
 section 457A.04, ice centers, a local government project with a 
 construction cost of less than $1,500,000, or any other capital 
 project with a construction cost of less than $750,000. 

    Subd. 2.    Other projects.  All other capital projects 
 for which a specific appropriation is made must not proceed 
 until the recipient undertaking the project has notified the 
 chair of the senate finance committee, the chair of the house 
 capital investment committee, and the chair of the house ways 
 and means committee that the work is ready to begin.  Notice is 
 not required for capital projects needed to comply with the 
 Americans with Disabilities Act or funded by an agency's 
 operating budget or by a capital asset preservation and 
 replacement account under section 16A.632, or a higher education 
 capital asset preservation and renewal account under section 
 135A.046. 

    Subd. 3.    Predesign requirement.  The definitions in 
 paragraphs (a) and (b) apply to this section. 

    (a) "Predesign" means the stage in the development of a 
 project during which the purpose, scope, cost, and schedule of 
 the complete project are defined and instructions to design 
 professionals are produced.  

    (b) "Design" means the stage in the development of a 
 project during which schematic, design development, and contract 
 documents are produced. 

    (c) A recipient to whom an appropriation is made for a 
 project subject to review under subdivision 1 or notice under 
 subdivision 2 shall prepare a predesign package and submit it to 
 the commissioner for review and recommendation before proceeding 
 with design activities.  The commissioner must complete the 
 review and recommendation within ten working days after 
 receiving it.  Failure to review and recommend within the ten 
 days is considered a positive recommendation.  The predesign 
 package must be sufficient to define the purpose, scope, cost, 
 and schedule of the project and must demonstrate that the 
 project has been analyzed according to appropriate space needs 
 standards. 

    Subd. 4.    Energy conservation.  A recipient to whom a 
 direct appropriation is made for a capital improvement project 
 shall ensure that the project complies with the applicable 
 energy conservation standards contained in law, including 
 sections 216C.19 to 216C.20, and rules adopted thereunder.  The 
 recipient may obtain information and technical assistance from 
 the state energy office in the department of commerce on energy 
 conservation and alternative energy development relating to the 
 planning and construction of the capital improvement project. 

    Subd. 5.    Information technology.  Agency requests for 
 construction and remodeling funds shall include money for 
 cost-effective information technology investments that would 
 enable an agency to reduce its need for office space, provide 
 more of its services electronically, and decentralize its 
 operations.  The office of technology must review and approve 
 the information technology portion of construction and major 
 remodeling program plans before the plans are submitted to the 
 chairs of the senate finance committee and the house of 
 representatives ways and means committee for their 
 recommendations and the chair of the house of representatives 
 capital investment committee is notified as required by 
 subdivision 1. 

    Subd. 6.    Information technology review precondition.  
 No state agency or department shall propose and the legislature 
 shall not consider building or relocation projects without 
 reviewing implications of utilizing information technology on 
 space utilization. 

    HIST: 1989 c 300 art 1 s 27; 1990 c 591 art 6 s 1; 1990 c 610 
 art 1 s 42; 1992 c 513 art 4 s 23; 1993 c 4 s 11; 1994 c 643 s 
 42-45; 1Sp1995 c 2 art 1 s 24-26; 1996 c 463 s 35; 1997 c 159 
 art 2 s 5; 1997 c 202 art 3 s 35; 1997 c 246 s 11; 1998 c 404 s 
 34; 1999 c 86 art 1 s 9; 1Sp2001 c 4 art 6 s 8; 1Sp2001 c 12 s 
 12 

     16B.34 Inmate labor. 

    At a state institution or state park or in the maintenance 
 of a state armory, an appropriation for construction, 
 improvements, or maintenance may be expended through the use of 
 inmate or project labor when authorized by the commissioner with 
 the concurrence of the head of the interested state department.  

    HIST: 1984 c 544 s 39 

     16B.35 Art in state buildings. 

    Subdivision 1.    Percent of appropriations for art.  An 
 appropriation for the construction or alteration of any state 
 building may contain an amount not to exceed one percent of the 
 total appropriation for the building for the acquisition of 
 works of art, excluding landscaping, which may be an integral 
 part of the building or its grounds, attached to the building or 
 grounds or capable of being displayed in other state buildings. 
 Money used for this purpose is available only for the 
 acquisition of works of art to be exhibited in areas of a 
 building or its grounds accessible, on a regular basis, to 
 members of the public.  For the purposes of this section "state 
 building" means a building the construction or alteration of 
 which is paid for wholly or in part by the state.  

    Subd. 1a.    Not in prisons.  Notwithstanding 
 subdivision 1, no part of a state appropriation may be used to 
 acquire or install works of art in a state correctional facility.

    Subd. 1b.    Exception.  A prohibition on using state 
 appropriations to pay for art in correctional facilities does 
 not apply to art produced through programming in correctional 
 facilities.  

    Subd. 2.    Exempt buildings.  A building for which the 
 appropriation is less than $500,000 for construction or 
 alteration or a building for which the commissioner of 
 administration has determined that this section is inappropriate 
 is exempt from the requirements of this section.  

    Subd. 3.    Unused funds.  If an amount made available 
 under subdivision 1 is not expended for works of art for the 
 building, the unexpended portion is available to the Minnesota 
 board of the arts for the commission or purchase of works of art 
 for state buildings existing or for which an appropriation was 
 made prior to June 15, 1983, and is not available to pay 
 construction costs of the building.  

    Subd. 4.    Campuses.  Art for a building on a public 
 college or university campus shall be selected by the campus, in 
 consultation with the arts board.  Consideration of the artwork 
 of faculty and students on that campus is encouraged. 

    Subd. 5.    Contractor's bond not required.  Sections 
 574.26 to 574.32 do not apply to this section. 

    HIST: 1984 c 544 s 40; 1996 c 398 s 11; 1997 c 202 art 2 s 25; 
 1999 c 126 s 2; 1999 c 216 art 4 s 1 

     16B.36 Investigations. 

    Subdivision 1.    Authority.  The commissioner may 
 examine, investigate, or make a survey of the organization, 
 administration, and management of state agencies and 
 institutions under their control, and may assist state agencies 
 by providing analytical, statistical, and organizational 
 development services to them in order to secure greater 
 efficiency and economy through reorganization or consolidation 
 of agencies or functions and to eliminate duplication of 
 function, effort, or activity, so far as possible.  The 
 commissioner shall periodically submit to the legislature a list 
 of the studies being conducted for this purpose and any future 
 studies scheduled at the time the list is submitted.  For 
 purposes of this section, the Minnesota state colleges and 
 universities is a state agency. 

    Subd. 2.    Hearings.  The commissioner shall recommend 
 to the legislature any necessary changes in the laws of the 
 state as a result of a survey or investigation, or otherwise, in 
 order to secure a better organization of the state government or 
 greater efficiency and economy in administration.  For this 
 purpose, the commissioner may hold hearings, and issue subpoenas 
 for and compel the attendance of witnesses, the giving of 
 testimony, and the production of books, records, accounts, 
 documents, and papers, as provided in section 15.08.  

    HIST: 1984 c 544 s 41; 1Sp1985 c 13 s 123; 1991 c 345 art 1 s 
 61; 1996 c 398 s 12 

     16B.37 Reorganization of agencies. 

    Subdivision 1.    Commissioner's authority.  To improve 
 efficiency and avoid duplication, the commissioner may transfer 
 personnel, powers, or duties, or any combination of them, from a 
 state agency to another state agency that has been in existence 
 for at least one year prior to the date of transfer.  A transfer 
 must have received the prior approval of the governor.  The 
 commissioner shall no later than January 15 of each year submit 
 to the legislature a bill making all statutory changes required 
 by reorganization orders issued by the commissioner during the 
 preceding calendar year.  For purposes of this section, the 
 Minnesota state colleges and universities is a state agency. 

    Subd. 2.    Reorganization order.  A transfer made 
 pursuant to subdivision 1 must be in the form of a 
 reorganization order.  A proposed reorganization order must be 
 submitted to the chairs of the governmental operations 
 committees in the house of representatives and the senate at 
 least 30 days before being filed with the secretary of state.  A 
 reorganization order must be filed with the secretary of state, 
 be uniform in format, and be numbered consecutively.  An order 
 is effective upon filing with the secretary of state and remains 
 in effect until amended or superseded.  Copies of the filed 
 order must be delivered promptly by the commissioner to the 
 secretary of the senate, the chief clerk of the house, and the 
 chairs of the governmental operations committees in the senate 
 and house of representatives.  A reorganization order which 
 transfers all or substantially all of the powers or duties or 
 personnel of a department, the housing finance agency, or the 
 pollution control agency is not effective until it is ratified 
 by concurrent resolution or enacted into law.  

    Subd. 3.    Appropriation.  The commissioner of finance 
 shall determine the fractional part of the appropriation to the 
 transferor agency that is represented by the transferred 
 personnel, power, or duty, and that part of the appropriation is 
 reappropriated to the transferee agency.  

    Subd. 4.    Work of department for another.  To avoid 
 duplication and improve efficiency, the commissioner may direct 
 an agency to do work for another agency or may direct a division 
 or section of an agency to do work for another division or 
 section within the same agency and shall require reimbursement 
 for the work.  Reimbursements received by an agency are 
 reappropriated to the account making the original expenditure in 
 accordance with the transfer warrant procedure established by 
 the commissioner of finance.  

    Subd. 5.    Employees assigned.  With the approval of 
 the governor and by agreement of the heads of the departments or 
 agencies concerned, any appointive subordinate officer or 
 employee of a department or agency may be employed by or 
 assigned to perform duties under another department or agency.  

    HIST: 1984 c 544 s 42; 1986 c 444; 1991 c 262 s 1; 1996 c 398 
 s 13 

     16B.38 Dissolved or suspended agencies. 

    The commissioner shall undertake all necessary 
 administrative functions of an agency which has been temporarily 
 or permanently dissolved or suspended.  These functions may 
 include but are not limited to:  authorizing payment of all 
 obligations of the dissolved or suspended agency including 
 payroll certifications; serving as custodian for and disposing 
 of all property of the agency; and, in the event that the agency 
 is only temporarily dissolved or suspended, serving as its chief 
 administrative officer with all necessary powers until the 
 agency is reconstituted.  To implement these responsibilities 
 the commissioner may spend any necessary money from a dissolved 
 or suspended agency's appropriation.  

    HIST: 1984 c 544 s 43 

     16B.39 Programs for state employees. 

    Subdivision 1. Repealed, 1987 c 365 s 25 

    Subd. 1a.    Endowment fund.  The commissioner of 
 administration may establish an endowment fund to reward state 
 agencies and their employees for improving productivity and 
 service quality.  The commissioner shall use gift money to 
 establish the fund.  The interest earnings are appropriated to 
 the commissioner to make agency and employee awards.  

    Subd. 2. Renumbered 43A.319 

    HIST: 1984 c 531 s 3; 1984 c 544 s 44; 1984 c 655 art 2 s 13 
 subd 1; 1986 c 444; 1987 c 365 s 11; 1989 c 343 s 5; 1993 c 337 
 s 2; 1999 c 250 art 1 s 114 

  16B.40 Repealed, 1997 c 202 art 3 s 36 

     16B.405 Software sales. 

    Subdivision 1.    Authorization.  The commissioner may 
 sell or license computer software products or services developed 
 by state agencies or custom developed by a vendor, through 
 whatever sales method the commissioner considers appropriate.  
 Prices for the software products or services may be based on 
 market considerations. 

    Subd. 2.    Software sale fund.  (a) Except as provided 
 in paragraphs (b) and (c), proceeds of the sale or licensing of 
 software products or services by the commissioner must be 
 credited to the intertechnologies revolving fund.  If a state 
 agency other than the department of administration has 
 contributed to the development of software sold or licensed 
 under this section, the commissioner may reimburse the agency by 
 discounting computer services provided to that agency. 

    (b) Proceeds of the sale or licensing of software products 
 or services developed by the pollution control agency, or custom 
 developed by a vendor for the agency, must be credited to the 
 environmental fund. 

    (c) Proceeds of the sale or licensing of software products 
 or services developed by the department of children, families, 
 and learning, or custom developed by a vendor for the agency, to 
 support the achieved savings assessment program, must be 
 appropriated to the commissioner of children, families, and 
 learning and credited to the weatherization program to support 
 weatherization activities. 

    HIST: 1987 c 365 s 12; 1990 c 506 art 2 s 12; 1991 c 199 art 1 
 s 6; 1995 c 220 s 27; 1999 c 205 art 4 s 1 

  16B.41 Repealed, 1997 c 202 art 3 s 36 

     16B.415 Operation of information systems. 

    The commissioner, through a division of technology 
 management, is responsible for ongoing operations of state 
 agency information technology activities.  These include records 
 management, activities relating to the Government Data Practices 
 Act, arranging for operation of the state information 
 infrastructure, and activities necessary to make state 
 information systems year 2000 compliant. 

    HIST: 1997 c 202 art 3 s 2; 1998 c 359 s 8; 1999 c 250 art 1 s 
 58 

  16B.42 Expired 

  16B.43 Repealed, 1997 c 202 art 3 s 36 

     16B.44 Modification of operating and management 
  procedures. 

    When improved program effectiveness, better use of 
 services, and greater efficiency and economy in state government 
 can be demonstrated, the commissioner with the approval of the 
 governor may require a state agency to adjust its operating and 
 management procedures to take advantage of improved systems, 
 procedures, and methods resulting from systems analysis and 
 information science technology.  

    HIST: 1984 c 544 s 49 

     16B.45 Function of legislative auditor. 

    The legislative auditor may conduct performance evaluations 
 of all systems analysis, information services, and 
 computerization efforts of agencies, the University of 
 Minnesota, and metropolitan boards, agencies, and commissions. 
 Upon request of the governing body or the state information 
 systems advisory council, the legislative auditor shall conduct 
 the same services for political subdivisions of the state and 
 report the findings to the governor and the legislature.  The 
 cost of these evaluations must be paid by the agencies being 
 evaluated.  

    HIST: 1984 c 544 s 50 

     16B.46 Telecommunication; powers. 

    The commissioner shall supervise and control all state 
 telecommunication facilities and services, including any 
 transmission, emission, or reception of signs, signals, writing, 
 images, and sounds or intelligence of any nature by wire, radio, 
 optical, or other electromagnetic systems.  Nothing in this 
 section or section 16B.465 modifies, amends, or abridges any 
 powers and duties presently vested in or imposed upon the 
 commissioner of transportation or the commissioner of public 
 safety relating to telecommunications facilities or the 
 commissioner of transportation relating only to radio air 
 navigation facilities or other air navigation facilities.  

    HIST: 1984 c 544 s 51; 1999 c 250 art 1 s 60 

     16B.465 State information infrastructure. 

    Subdivision 1.    Policy.  (a) The state through its 
 departments and agencies shall seek ways to meet its 
 telecommunications needs in a manner that will help to promote 
 investment and growth of the private sector information 
 infrastructure throughout the state.  

    (b) The commissioner shall ensure that telecommunications 
 services are acquired in a manner that: 

    (1) promotes the availability of technologies with 
 statewide high-speed or advanced telecommunications capability 
 for both public and private customers in a reasonable and timely 
 fashion; 

    (2) enables the cost-effective provision of 
 telecommunications services to the entities identified in this 
 section; 

    (3) uses standards-based open, interoperable networks to 
 the extent practicable; 

    (4) promotes fair and open competition in the delivery of 
 telecommunications services; 

    (5) allows effective state information infrastructure 
 network management, responsiveness, and fault protection; 

    (6) provides networkwide security and confidentiality as 
 appropriate for promoting public safety, health, and welfare; 
 and 

    (7) meets performance standards that are reasonable and 
 necessary.  

    (c) The state may purchase, own, or lease customer premises 
 equipment.  Customer premises equipment consists of terminal and 
 associated equipment and inside wire located at an end user's 
 premises and connected with communication channels at the point 
 established in a building or a complex to separate customer 
 equipment from the network.  Customer premises equipment also 
 includes, but is not limited to, communications devices eligible 
 for distribution to communications impaired persons under 
 section 237.51, subdivision 1. 

    (d) This section does not prohibit the commissioner or 
 other governmental entity from owning, leasing, operating, and 
 staffing a network operation center that allows the commissioner 
 to test, troubleshoot, and maintain network operations.  

    Subd. 1a.    Creation.  Except as provided in 
 subdivision 4, the commissioner, through the state information 
 infrastructure, shall arrange for the provision of voice, data, 
 video, and other telecommunications transmission services to 
 state agencies.  The state information infrastructure may also 
 serve educational institutions, including public schools as 
 defined in section 120A.05, subdivisions 9, 11, 13, and 17, 
 nonpublic, church or religious organization schools that provide 
 instruction in compliance with sections 120A.22, 120A.24, and 
 120A.41, and private colleges; public corporations; Indian 
 tribal governments; and state political subdivisions.  It is not 
 a telephone company for purposes of chapter 237.  The 
 commissioner may purchase, own, or lease any telecommunications 
 network facilities or equipment after first seeking bids or 
 proposals and having determined that the private sector cannot, 
 will not, or is unable to provide these services, facilities, or 
 equipment as bid or proposed in a reasonable or timely fashion 
 consistent with policy set forth in this section.  The 
 commissioner shall not resell or sublease any services or 
 facilities to nonpublic entities except to serve private schools 
 and colleges.  The commissioner has the responsibility for 
 planning, development, and operations of the state information 
 infrastructure in order to provide cost-effective 
 telecommunications transmission services to state information 
 infrastructure users consistent with the policy set forth in 
 this section. 

    Subd. 2. Repealed by amendment, 1998 c 359 s 9 

    Subd. 3.    Duties.  (a) The commissioner shall: 

    (1) arrange for voice, data, video, and other 
 telecommunications transmission services to the state and to 
 political subdivisions through an account in the 
 intertechnologies revolving fund; 

    (2) manage vendor relationships, network function, and 
 capacity planning in order to be responsive to the needs of the 
 state information infrastructure users; 

    (3) set rates and fees for services; 

    (4) approve contracts for services, facilities, or 
 equipment relating to the system; 

    (5) develop a system plan and the annual program and fiscal 
 plans for the system; and 

    (6) in consultation with the commissioner of children, 
 families, and learning in regard to schools, assist state 
 agencies, political subdivisions of the state, and higher 
 education institutions, including private colleges and public 
 and private schools, to identify their telecommunication needs, 
 and develop plans for interoperability of the network consistent 
 with the policies in subdivision 1, paragraphs (a) and (b).  
 When requested, the commissioner may also assist in identifying, 
 purchasing, or leasing their customer premises equipment. 

    (b) The commissioner may purchase, own, or lease any 
 telecommunications network facilities or equipment after first 
 seeking bids or proposals and having determined that the private 
 sector cannot, will not, or is unable to provide these services, 
 facilities, or equipment as bid or proposed in a reasonable and 
 timely fashion consistent with the policy set forth in this 
 section.  

    Subd. 4.    Program participation.  The commissioner may 
 require the participation of state agencies and the commissioner 
 of children, families, and learning, and may request the 
 participation of the board of regents of the University of 
 Minnesota and the board of trustees of the Minnesota state 
 colleges and universities, in the planning and implementation of 
 the network to provide interconnective technologies.  The board 
 of trustees of the Minnesota state colleges and universities may 
 opt out of participation as a subscriber on the network, in 
 whole or in part, if the board is able to secure 
 telecommunications services from another source that ensures it 
 will achieve the policy objectives set forth in subdivision 1.  

    Subd. 4a.    Alternative aggregation.  The commissioner 
 may, but is not required to, approve community-based aggregation 
 of demand for telecommunications services for state agencies, 
 including Minnesota state colleges and universities.  To be 
 considered a community-based aggregation project: 

    (1) the project must aggregate telecommunications demands 
 of state agencies with that of the private sector in a community 
 or a group of communities in a geographic region to the extent 
 permitted by law; and 

    (2) the aggregation must result in telecommunications 
 infrastructure improvements that ensure the policy set forth in 
 subdivision 1, paragraphs (a) and (b). 

    Subd. 4b.    Rates.  (a) The commissioner shall 
 establish reimbursement rates in cooperation with the 
 commissioner of finance to be billed to participating agencies 
 and educational institutions sufficient to cover the operating, 
 maintenance, and administrative costs of the system. 

    (b) Except as otherwise provided in subdivision 4, a direct 
 appropriation made to an educational institution for usage costs 
 associated with the state information infrastructure must only 
 be used by the educational institution for payment of usage 
 costs of the network as billed by the commissioner of 
 administration.  

    Subd. 5. Repealed, 1990 c 506 art 2 s 24 

    Subd. 6.    Appropriation.  Money appropriated for the 
 state information infrastructure and fees for telecommunications 
 services must be deposited in an account in the 
 intertechnologies fund.  Money in the account is appropriated 
 annually to the commissioner to carry out the purposes of this 
 section. 

    Subd. 7.    Exemption.  The system is exempt from the 
 five-year limitation on contracts set by sections 16C.05, 
 subdivision 2, paragraph (a), clause (5), 16C.08, subdivision 3, 
 clause (7), and 16C.09, clause (6). 

    HIST: 1989 c 246 s 2; 1989 c 335 art 1 s 64; 1990 c 594 art 1 
 s 47; 1991 c 345 art 1 s 64; 1992 c 514 s 10-12; 1994 c 634 art 
 1 s 8,9; 1Sp1995 c 3 art 12 s 1; 1996 c 398 s 15; 1997 c 202 art 
 3 s 4; 1998 c 359 s 9; 1998 c 386 art 2 s 14; 1998 c 397 art 11 
 s 3; 1998 c 398 art 5 s 55; 1999 c 86 art 1 s 10; 1999 c 214 art 
 2 s 1; 1999 c 250 art 1 s 61; 2001 c 162 s 5 

     16B.466 Administration of state computer facilities. 

    Subdivision 1.    Commissioner's responsibility.  The 
 commissioner shall integrate and operate the state's centralized 
 computer facilities to serve the needs of state government.  The 
 commissioner shall provide technical assistance to state 
 agencies in the design, development, and operation of their 
 computer systems. 

    Subd. 2.    Joint actions.  The commissioner may, within 
 available funding, join with the federal government, other 
 states, local governments, and organizations representing those 
 groups either jointly or severally in the development and 
 implementation of systems analysis, information services, and 
 computerization projects. 

    HIST: 1997 c 202 art 3 s 5 

     16B.467 Electronic conduct of state business. 

    The commissioner of administration shall develop and 
 implement a system under which: 

    (1) state business can be conducted and permits or licenses 
 obtained through electronic communication with the appropriate 
 state agencies; and 

    (2) applications for grants can be made electronically to 
 state agencies when feasible. 

    HIST: 1994 c 559 s 2; 1997 c 202 art 3 s 6; 2000 c 332 s 2 

     16B.47 Micrographics. 

    The commissioner shall provide micrographics services and 
 products to meet agency needs.  Within available resources, the 
 commissioner may also provide micrographic services to political 
 subdivisions.  Agency plans and programs for micrographics must 
 be submitted to and receive the approval of the commissioner 
 prior to implementation.  Upon the commissioner's approval, 
 subsidiary or independent microfilm operations may be 
 implemented in other state agencies.  The commissioner may 
 direct that copies of official state documents be distributed to 
 official state depositories on microfilm.  

    HIST: 1984 c 544 s 52 

     16B.48 General services and intertechnologies revolving 
  funds. 

    Subdivision 1.    Reimbursements.  Fees prescribed under 
 section 16B.51, for the rendering of the services provided in 
 that section are deposited in the state treasury by the 
 collecting agency and credited to the general services revolving 
 fund.  

    Subd. 2.    Purpose of funds.  Money in the state 
 treasury credited to the general services revolving fund and 
 money that is deposited in the fund is appropriated annually to 
 the commissioner for the following purposes:  

    (1) to operate a central store and equipment service; 

    (2) to operate a central duplication and printing service; 

    (3) to operate the central mailing service, including 
 purchasing postage and related items and refunding postage 
 deposits; 

    (4) to operate a documents service as prescribed by section 
 16B.51; 

    (5) to provide services for the maintenance, operation, and 
 upkeep of buildings and grounds managed by the commissioner of 
 administration; 

    (6) to operate a materials handling service, including 
 interagency mail and product delivery, solid waste removal, 
 courier service, equipment rental, and vehicle and equipment 
 maintenance; 

    (7) to provide analytical, statistical, and organizational 
 development services to state agencies, local units of 
 government, metropolitan and regional agencies, and school 
 districts; 

    (8) to operate a records center and provide micrographics 
 products and services; and 

    (9) to perform services for any other agency.  Money may be 
 expended for this purpose only when directed by the governor. 
 The agency receiving the services shall reimburse the fund for 
 their cost, and the commissioner shall make the appropriate 
 transfers when requested.  The term "services" as used in this 
 clause means compensation paid officers and employees of the 
 state government; supplies, materials, equipment, and other 
 articles and things used by or furnished to an agency; and 
 utility services and other services for the maintenance, 
 operation, and upkeep of buildings and offices of the state 
 government. 

    Subd. 3.    Intertechnologies revolving fund.  Money in 
 the intertechnologies revolving fund is appropriated annually to 
 the commissioner to operate information and telecommunications 
 services, including management, consultation, and design 
 services.  

    Subd. 4.    Reimbursements.  Except as specifically 
 provided otherwise by law, each agency shall reimburse 
 intertechnologies and general services revolving funds for the 
 cost of all services, supplies, materials, labor, and 
 depreciation of equipment, including reasonable overhead costs, 
 which the commissioner is authorized and directed to furnish an 
 agency.  The cost of all publications or other materials 
 produced by the commissioner and financed from the general 
 services revolving fund must include reasonable overhead costs.  
 The commissioner of administration shall report the rates to be 
 charged for each revolving fund no later than July 1 each year 
 to the chair of the committee or division in the senate and 
 house of representatives with primary jurisdiction over the 
 budget of the department of administration.  The commissioner of 
 finance shall make appropriate transfers to the revolving funds 
 described in this section when requested by the commissioner of 
 administration.  The commissioner of administration may make 
 allotments, encumbrances, and, with the approval of the 
 commissioner of finance, disbursements in anticipation of such 
 transfers.  In addition, the commissioner of administration, 
 with the approval of the commissioner of finance, may require an 
 agency to make advance payments to the revolving funds in this 
 section sufficient to cover the agency's estimated obligation 
 for a period of at least 60 days.  All reimbursements and other 
 money received by the commissioner of administration under this 
 section must be deposited in the appropriate revolving fund.  
 Any earnings remaining in the fund established to account for 
 the documents service prescribed by section 16B.51 at the end of 
 each fiscal year not otherwise needed for present or future 
 operations, as determined by the commissioners of administration 
 and finance, must be transferred to the general fund.  

    Subd. 5.    Liquidation.  If the intertechnologies or 
 general services revolving fund is abolished or liquidated, the 
 total net profit from the operation of each fund must be 
 distributed to the various funds from which purchases were 
 made.  The amount to be distributed to each fund must bear to 
 the net profit the same ratio as the total purchases from each 
 fund bears to the total purchases from all the funds during the 
 same period of time.  

    HIST: 1984 c 544 s 53; 1984 c 654 art 2 s 50; 1984 c 655 art 2 
 s 13 subd 1; 1Sp1985 c 13 s 125; 1986 c 363 s 7; 1988 c 613 s 
 13; 1989 c 335 art 4 s 10; 1990 c 506 art 2 s 13; 1991 c 345 art 
 1 s 65; 1994 c 634 art 1 s 10,11; 1996 c 457 s 8; 2000 c 488 art 
 12 s 15 

     16B.481 Fees for training and maintenance. 

    The commissioner may charge state agencies and political 
 subdivisions a fee for the cost of energy conservation training 
 and preventive maintenance programs.  Fees collected by the 
 commissioner must be deposited in the state treasury and are 
 appropriated to the commissioner to pay the cost of the training 
 and maintenance programs. 

    HIST: 1987 c 365 s 13 

  16B.482 Repealed, 1998 c 386 art 1 s 35 

     16B.4821 Provision of materials and services to MNSCU. 

    Subdivision 1.    Materials and services available.  
 Notwithstanding any law to the contrary, the Minnesota state 
 colleges and universities may request from the commissioner of 
 administration any services and materials available to any state 
 agency under this chapter, including but not limited to 
 purchasing, contracting, leasing, energy conservation, 
 communications systems, construction, and all other programs and 
 contracts administered by the department of administration, 
 whether administered directly or indirectly by contract or 
 otherwise.  The commissioner of administration shall make 
 reasonable efforts to comply with any such request.  The 
 chancellor of the Minnesota state colleges and universities and 
 the commissioner of administration shall cooperate to identify 
 services and materials available to state agencies from the 
 department of administration. 

    Subd. 2.    Status requested by chancellor.  The 
 Minnesota state colleges and universities shall be a state 
 agency where being a state agency is a prerequisite to obtaining 
 or participating in any services, materials acquisition, or 
 programs under this chapter which are requested by the 
 chancellor. 

    Subd. 3.    Notification.  The Minnesota state colleges 
 and universities shall be a state agency for purposes of being 
 included on any state agency's list to receive notices and 
 information appropriate to the purposes of the Minnesota state 
 colleges and universities. 

    HIST: 1996 c 398 s 17 

     16B.483 Intellectual property. 

    Before executing a contract or license agreement involving 
 intellectual property developed or acquired by the state, a 
 state agency shall seek review and comment from the attorney 
 general on the terms and conditions of the contract or agreement.

    HIST: 1994 c 632 art 3 s 33 

     16B.485 Interfund loans. 

    The commissioner may, with the approval of the commissioner 
 of finance, make loans from an internal service or enterprise 
 fund to another internal service or enterprise fund, and the 
 amount necessary is appropriated from the fund that makes the 
 loan.  The commissioner shall report the amount and purpose of 
 the loan to the chair of the committee or division in the senate 
 and house of representatives with primary jurisdiction over the 
 budget of the department of administration.  The term of a loan 
 made under this section must be not more than 24 months. 

    HIST: 1995 c 254 art 1 s 59; 2000 c 488 art 12 s 16 

     16B.49 Central mailing system. 

    The commissioner shall maintain and operate for state 
 agencies, departments, institutions, and offices a central mail 
 handling unit.  Official, outgoing mail for units in St. Paul 
 must be delivered unstamped to the unit.  The unit shall also 
 operate an interoffice mail distribution system.  The department 
 may add personnel and acquire equipment that may be necessary to 
 operate the unit efficiently and cost-effectively.  Account must 
 be kept of the postage required on that mail, which is then a 
 proper charge against the agency delivering the mail.  To 
 provide funds for the payment of postage, each agency shall make 
 advance payments to the commissioner sufficient to cover its 
 postage obligations for at least 60 days.  For purposes of this 
 section, the Minnesota state colleges and universities is a 
 state agency. 

    HIST: 1984 c 544 s 54; 1994 c 634 art 1 s 13; 1996 c 398 s 18; 
 1997 c 206 s 4 

     16B.50 Communications.media division. 

    The commissioner shall maintain and operate for agencies a 
 communications.media division that is responsible for all 
 duplicating and printing services.  The commissioner shall 
 prescribe and designate classes of state printing.  The 
 duplicating and printing work to be done by the division is 
 restricted to producing any form, booklet or pamphlet to the 
 extent the commissioner deems appropriate.  

    HIST: 1984 c 544 s 55; 1997 c 206 s 5 

     16B.51 Agency reports. 

    Subdivision 1.    Supervision by commissioner.  The 
 commissioner shall supervise and control the making and 
 distribution of all reports and other publications of all kinds 
 issued by the state and state agencies when not otherwise 
 prescribed by law.  The commissioner shall also prescribe the 
 manner and form of issuing reports required by sections 8.08; 
 16A.50; 35.03; 129D.02, subdivision 5; 256.01; 299C.18; and 
 360.015, subdivision 17. 

    Subd. 2.    Prescribe fees.  The commissioner may 
 prescribe fees to be charged for services rendered by the state 
 or an agency in furnishing to those who request them certified 
 copies of records or other documents, certifying that records or 
 documents do not exist and furnishing other reports, 
 publications, data, or related material which is requested.  The 
 fees, unless otherwise prescribed by law, may be fixed at the 
 market rate.  The commissioner of finance is authorized to 
 approve the prescribed rates for the purpose of assuring that 
 they, in total, will result in receipts greater than costs in 
 the fund. Fees prescribed under this subdivision are deposited 
 in the state treasury by the collecting agency and credited to 
 the general services revolving fund.  Nothing in this 
 subdivision permits the commissioner of administration to 
 furnish any service which is now prohibited or unauthorized by 
 law.  

    Subd. 3.    Sale of publications.  The commissioner may 
 sell official reports, documents, data, and publications of all 
 kinds, may delegate their sale to state agencies, and may 
 establish facilities for their sale within the department of 
 administration and elsewhere within the state service.  The 
 commissioner may remit a portion of the price of any publication 
 or data to the agency producing the publication or data.  Money 
 that is remitted to an agency is annually appropriated to that 
 agency to discharge the costs of preparing the publications or 
 data. 

    Subd. 4.    Exceptions.  This section does not apply to 
 the Regents of the University of Minnesota or to the state 
 agricultural society.  

    Subd. 5.    Limitations on subject matter prohibited.  
 The commissioner may not adopt rules to prescribe the fees 
 permitted by subdivision 2 or which limit in any way the subject 
 matter of a report or publication which the law requires or 
 authorizes an agency to produce.  

    HIST: 1984 c 544 s 56; 1984 c 654 art 2 s 45,46; 1984 c 655 
 art 2 s 13 subd 1; 1987 c 365 s 14; 1987 c 394 s 1; 1994 c 634 
 art 1 s 14,15; 1998 c 254 art 1 s 6 

     16B.52 Misuse of state publications. 

    Subdivision 1.    Permissible publications; pictures.  
 No elected, administrative, or executive state officer, may have 
 printed, nor may the commissioner authorize the printing of, at 
 government expense, official reports and other publications 
 intended for general public circulation except those authorized 
 by law or included in the intent of the appropriation out of 
 which the cost will be defrayed.  Executive officers shall, 
 before presenting their annual reports and other publications to 
 the commissioner, examine them and exclude from them pictures of 
 elected and administrative officials, and any other pictorial 
 device calculated to or tending to attribute the publication to 
 an individual instead of the department of state government from 
 which it emanates.  All other engravings, maps, drawings and 
 illustrations must be excluded from the reports and 
 publications, except those the executive officers certify when 
 they present the reports for printing to be necessary and to 
 relate entirely to the transaction of the state's business, or 
 to be reasonably required to present for clear understanding the 
 substance of the report.  

    Subd. 2.    Attribution of publications.  A report or 
 publication authorized by law and paid for from public funds 
 must carry the imprimatur of the agency under whose authority it 
 is issued, but it may not carry the name of an official in any 
 way that might imply attributing the publication to any person, 
 except where certification of the officer is required for 
 authenticity of the document.  

    Subd. 3.    Distribution.  No report or publication 
 distributed by or from an administrative or executive officer 
 may contain any notice that it is sent with "the compliments" 
 and may not carry letters of personal greeting from an official. 

    Subd. 4.    Exception.  This section does not apply to 
 the legislative manuals provided for in chapter 5.  

    Subd. 5.    Publications by department of administration. 
  Notwithstanding the provisions of this section or any other 
 law relating to the subject matter of this section, the 
 department of administration may continue to publish reports, 
 documents, and related materials of the same manner described in 
 its catalogs of Minnesota state publications.  

    HIST: 1984 c 544 s 57 

     16B.53 Sale of laws and resolutions. 

    Subdivision 1.    Authority.  The commissioner shall 
 provide for the sale and distribution of copies of laws and 
 resolutions on file in the office of the secretary of state in 
 accordance with this section.  The secretary of state shall 
 cooperate with the commissioner in furnishing the services 
 provided for in this section.  

    Subd. 2.    Charges.  The commissioner shall establish 
 charges for those laws and resolutions sufficient to cover their 
 cost.  Fees established for the sale and distribution of laws 
 and resolutions, including mailing and postage charges, may be 
 accepted by the commissioner in advance, and any unused portions 
 amounting to $1 or more may be returned to the person entitled 
 to them upon request, notwithstanding the provision of any other 
 law prohibiting refunds.  

    Subd. 3.    Revolving fund.  Money collected by the 
 commissioner under this section must be deposited in the general 
 services revolving fund in the state treasury.  Money in that 
 fund is annually appropriated to the commissioner for the 
 purposes of carrying out this section.  

    HIST: 1984 c 480 s 15; 1984 c 544 s 58; 1984 c 655 art 2 s 13 
 subd 1; 1990 c 426 art 1 s 9 

     16B.531 Travel services. 

    The commissioner may offer a centralized travel service to 
 all state departments and agencies, and to the Minnesota state 
 colleges and universities, and may, in connection with that 
 service, accept payments from travel agencies under contracts 
 for the provision of travel services.  The payments must be 
 deposited in the motor pool revolving account established by 
 section 16B.54, subdivision 8, and must be used for the expenses 
 of managing the centralized travel service.  Revenues in excess 
 of the management costs of the centralized service must be 
 returned to the general fund. 

    HIST: 1987 c 365 s 15; 1996 c 398 s 19 

     16B.54 Central motor pool; establishment. 

    Subdivision 1.    Motor pools.  The commissioner shall 
 manage a central motor pool of passenger motor vehicles and 
 trucks used by state agencies with principal offices in the city 
 of St. Paul and may provide for branch central motor pools at 
 other places within the state.  For purposes of this section, (1)
 "agencies" includes the Minnesota state colleges and 
 universities, and (2) "truck" means a pickup or panel truck up 
 to one ton carrying capacity.  

    Subd. 2.    Vehicles.  (a) The commissioner may direct 
 an agency to make a transfer of a passenger motor vehicle or 
 truck currently assigned to it.  The transfer must be made to 
 the commissioner for use in the central motor pool.  The 
 commissioner shall reimburse an agency whose motor vehicles have 
 been paid for with funds dedicated by the constitution for a 
 special purpose and which are assigned to the central motor 
 pool.  The amount of reimbursement for a motor vehicle is its 
 average wholesale price as determined from the midwest edition 
 of the National Automobile Dealers Association official used car 
 guide. 

    (b) To the extent that funds are available for the purpose, 
 the commissioner may purchase or otherwise acquire additional 
 passenger motor vehicles and trucks necessary for the central 
 motor pool.  The title to all motor vehicles assigned to or 
 purchased or acquired for the central motor pool is in the name 
 of the department of administration.  

    (c) On the request of an agency, the commissioner may 
 transfer to the central motor pool any passenger motor vehicle 
 or truck for the purpose of disposing of it.  The department or 
 agency transferring the vehicle or truck must be paid for it 
 from the motor pool revolving account established by this 
 section in an amount equal to two-thirds of the average 
 wholesale price of the vehicle or truck as determined from the 
 midwest edition of the National Automobile Dealers Association 
 official used car guide. 

    (d) The commissioner shall provide for the uniform marking 
 of all motor vehicles.  Motor vehicle colors must be selected 
 from the regular color chart provided by the manufacturer each 
 year.  The commissioner may further provide for the use of motor 
 vehicles without marking by: 

    (1) the governor; 

    (2) the lieutenant governor; 

    (3) the division of criminal apprehension, the division of 
 alcohol and gambling enforcement, and arson investigators of the 
 division of fire marshal in the department of public safety; 

    (4) the financial institutions division of the department 
 of commerce; 

    (5) the division of disease prevention and control of the 
 department of health; 

    (6) the state lottery; 

    (7) criminal investigators of the department of revenue; 

    (8) state-owned community service facilities in the 
 department of human services; 

    (9) the investigative staff of the department of economic 
 security; 

    (10) the office of the attorney general; and 

    (11) the investigative staff of the gambling control board. 

    Subd. 3.    Responsible person; personnel.  The 
 commissioner is responsible for the control, regulation, 
 acquisition, operation, maintenance, repair, and disposal of all 
 motor vehicles of the central motor pool.  The commissioner may 
 employ a director and other necessary classified employees for 
 the operation of the central motor pool in accordance with 
 chapter 43A.  

    Subd. 4.    Maintenance, repair, and storage; 
 appropriation.  (a)   Maintenance, repair, storage.  The 
 commissioner may contract with the head of an agency or another 
 person operating facilities for the maintenance, repair, and 
 storage of motor vehicles to provide for maintenance, repair, 
 and storage of motor vehicles of the central motor pool.  

    (b)   Appropriation.  Money received by the head of an 
 agency under a contract with the commissioner under this 
 subdivision is annually appropriated to the agency for the same 
 purposes as money expended by the agency head for the operation 
 of state-owned facilities for the maintenance, repair, and 
 storage of motor pool vehicles.  

    Subd. 5.    Use of motor vehicles.  The motor vehicles 
 in the central motor pool are for official state business only.  
 An agency requiring the services of a motor vehicle shall 
 request it from the central motor pool on either a temporary or 
 permanent basis.  No privately owned motor vehicle may be used 
 for official state business except when authorized by the 
 commissioner.  

    Subd. 6.    Schedule of charges.  An agency using the 
 facilities of the central motor pool shall periodically 
 reimburse the commissioner for the services, in accordance with 
 the schedule of charges the commissioner establishes.  This 
 schedule of charges must be based on the costs incurred in 
 operating the central motor pool, including reasonable overhead 
 costs, vehicle depreciation, insurance for public liability and 
 property damage, and other costs.  The commissioner must retain 
 records and reports and all schedules used as a basis for 
 charging state agencies for the services furnished.  

    Subd. 7.    Exceptions.  This section does not apply to 
 motor vehicles of the state patrol or the University of 
 Minnesota, or to motor vehicles of any other agency which are 
 specially equipped for the needs of that agency.  

    Subd. 8.    Motor pool revolving account.  (a)    
 Account established.  Money or reimbursements the commissioner 
 receives from the operation of the central motor pool is 
 deposited in the state treasury and credited to a motor pool 
 revolving account.  Money in the account is annually 
 appropriated to the commissioner to carry out this section.  The 
 motor pool revolving account may be used to provide material 
 transfer services to agencies.  

    (b)    Unobligated excess transferred.  When the 
 unobligated amount of money in the state treasury credited to 
 the motor pool revolving account exceeds the average monthly 
 operating expense at the end of the fiscal year, the unobligated 
 amount in excess of one month's operating expense must be 
 transferred to the general fund in the state treasury.  

    HIST: 1984 c 544 s 59; 1Sp1985 c 13 s 126; 1986 c 444; 1989 c 
 277 art 1 s 1; 1989 c 334 art 6 s 4; 1990 c 506 art 2 s 14; 1990 
 c 572 s 8; 1991 c 233 s 109; 1992 c 486 s 1; 1994 c 483 s 1; 
 1996 c 269 s 1; 1996 c 398 s 20; 1997 c 129 art 2 s 1; 1997 c 
 206 s 6; 1Sp2001 c 8 art 2 s 9 

     16B.55 Use of state vehicles; compensation for use of 
  personal vehicles. 

    Subdivision 1.    Definition.  For purposes of this 
 section, "state vehicle" means a vehicle owned or leased by the 
 state or loaned to the state.  

    Subd. 2.    Prohibited uses.  A state vehicle may be 
 used only for authorized state business.  A state vehicle may 
 not be used for transportation to or from the residence of a 
 state employee, except as provided in subdivision 3.  

    Subd. 3.    Permitted uses.  A state vehicle may be used 
 by a state employee to travel to or from the employee's 
 residence:  

    (1) on a day on which it may be necessary for the employee 
 to respond to a work-related emergency during hours when the 
 employee is not normally working; 

    (2) if the employee has been assigned the use of a state 
 vehicle for authorized state business on an extended basis, and 
 the employee's primary place of work is not the state work 
 station to which the employee is permanently assigned; 

    (3) if the employee has been assigned the use of a state 
 vehicle for authorized state business away from the work station 
 to which the employee is permanently assigned, and the number of 
 miles traveled, or the time needed to conduct the business, will 
 be minimized if the employee uses a state vehicle to travel to 
 the employee's residence before or after traveling to the place 
 of state business; or 

    (4) if the employee is authorized to participate in a 
 ridesharing program established by the commissioner pursuant to 
 section 174.257.  

    Use of a state vehicle under this subdivision requires the 
 prior approval of the agency head or the designee of the agency 
 head. 

    Subd. 4.    Personal vehicles.  No state employee shall 
 be compensated by the state for use of a personal vehicle for 
 travel between the employee's residence and the state work 
 station to which the employee is permanently assigned, except 
 pursuant to a collective bargaining agreement negotiated under 
 chapter 179A or a compensation plan adopted by the commissioner 
 of employee relations under section 43A.05.  A collective 
 bargaining agreement or compensation plan may only provide for 
 this compensation in cases in which an employee is called back 
 to work during hours when the employee is not normally working. 

    Subd. 5.    Exclusions.  Subdivisions 2 to 4 do not 
 apply to the van pooling program established in section 16B.56, 
 to a ridesharing program established by the department of 
 transportation, to a trooper employed by the state patrol, or to 
 use of a state vehicle by the governor or lieutenant governor.  

    Subd. 6.    Vehicle operating procedures.  The 
 commissioner shall set operating procedures for use of state 
 vehicles.  These operating procedures are not subject to the 
 Administrative Procedure Act.  

    HIST: 1984 c 544 s 60; 1986 c 444; 1988 c 613 s 14,15; 2001 c 
 7 s 9 

     16B.56 Commuter vans; use by state employees and spouses 
  and others. 

    Subdivision 1.    Employee transportation program.  (a) 
   Establishment.  To conserve energy and alleviate traffic 
 congestion around state offices, the commissioner shall, in 
 cooperation with the commissioner of transportation, the state 
 energy office in the department of commerce, and interested 
 nonprofit agencies, establish and operate an employee 
 transportation program using commuter vans with a capacity of 
 not less than seven nor more than 16 passengers.  Commuter vans 
 may be used by state employees and others to travel between 
 their homes and their work locations.  However, only state 
 employee drivers may use the van for personal purposes after 
 working hours, not including partisan political activity.  The 
 commissioner shall acquire or lease commuter vans, or otherwise 
 contract for the provision of commuter vans, and shall make the 
 vans available for the use of state employees and others in 
 accordance with standards and procedures adopted by the 
 commissioner.  The commissioner shall promote the maximum 
 participation of state employees and others in the use of the 
 vans.  

    (b)    Administrative policies.  The commissioner shall 
 adopt standards and procedures under this section without regard 
 to chapter 14.  The commissioner shall provide for the recovery 
 by the state of vehicle acquisition, lease, operation, and 
 insurance costs through efficient and convenient assignment of 
 vans, and for the billing of costs and collection of fees.  A 
 state employee using a van for personal use shall pay, pursuant 
 to the standards and procedures adopted by the commissioner, for 
 operating and routine maintenance costs incurred as a result of 
 the personal use.  Fees collected under this subdivision shall 
 be deposited in the accounts from which the costs of operating, 
 maintaining, and leasing or amortization for the specific 
 vehicle are paid.  

    Subd. 2.    Eligible participants.  State employees and 
 their spouses and other people are eligible for the employee 
 transportation program established by this section, if the 
 driver and substitute driver of every van pool are state 
 employees and if state employees constitute a majority of the 
 members of every van pool.  Available space in van pools must, 
 whenever possible, be filled by state employees.  

    Subd. 3.    Areas of use.  Use of the vans pursuant to 
 this section is limited to areas not having adequate public 
 transportation between the residences of state employees and 
 others and their places of employment.  

    Subd. 4. Repealed, 1994 c 634 art 1 s 26 

    Subd. 5.    Insurance; limitations.  Notwithstanding 
 section 15.31 or any other law to the contrary, the commissioner 
 may purchase, pursuant to this chapter, collision insurance 
 coverage for the commuter vans.  Notwithstanding sections 
 16B.54, subdivision 2, and 168.012, the vans may not be marked.  
 The vans may not be equipped with tax-exempt motor vehicle 
 number plates.  

    Subd. 6.  Repealed, 1984 c 408 s 4 

    HIST: 1984 c 408 s 1-3; 1984 c 544 s 61; 1984 c 655 art 2 s 13 
 subd 1; 1987 c 312 art 1 s 10 subd 2; 1Sp2001 c 4 art 6 s 9 

     16B.57 Gasoline and petroleum products, source of supply 
  for agencies. 

    Subdivision 1.    Petroleum products facilities.  The 
 commissioner may require a state agency which has facilities for 
 the storage and distribution of gasoline and other petroleum 
 products to furnish gasoline and other petroleum products to any 
 other state agency and shall require payment to compensate for 
 the cost of those products.  The commissioner shall prescribe 
 all procedures for the guidance of state agencies in carrying 
 out the requirements of this section.  

    Subd. 2.    Appropriation.  Money paid by one state 
 agency to another to compensate for the cost of products 
 furnished under subdivision 1 is annually appropriated to the 
 state agency which furnishes those products.  

    HIST: 1984 c 544 s 62 

     16B.58 State parking facilities. 

    Subdivision 1.    Powers and duties of commissioner.  No 
 person may park a motor vehicle, either privately or publicly 
 owned, upon any parking lot or facility owned or operated by the 
 state except as authorized by this section.  The commissioner 
 shall operate and supervise all state parking lots and 
 facilities associated with buildings described in section 
 16B.24, subdivision 1, or when the commissioner considers it 
 advisable and practicable, any other parking lots or facilities 
 owned or rented by the state for the use of a state agency or 
 state employees.  The commissioner may also provide employee 
 shuttle service and promote alternative transportation modes, 
 including initiatives to increase the number of multi-occupancy 
 vehicles.  The commissioner may fix and collect rents, charges, 
 or fees in connection with and for the use of any state parking 
 lot or facility within the cities of St. Paul and Minneapolis 
 except for any state lot or facility the control of which is 
 vested by law in a state agency other than the department of 
 administration. 

    Subd. 2.    Rules.  Copies of the commissioner's rules 
 under this section must be provided to all contract parkers.  
 Each parking lot or facility must be posted with notice of who 
 is entitled to park there.  

    Subd. 3.    Removal and impounding of vehicles.  A motor 
 vehicle parked on a state parking lot or facility in violation 
 of the rules of the commissioner is a public nuisance and the 
 commissioner shall provide for the abatement of the nuisance by 
 rules, including provision for the removal and impounding of the 
 motor vehicle.  The cost of the removal and impounding is a lien 
 against the motor vehicle until paid.  

    Subd. 4.    Violations.  A person, elective or appointed 
 state official, firm, association, or corporation which violates 
 any of the provisions of this section or any rule made by the 
 commissioner under this section is guilty of a misdemeanor.  

    Subd. 5.    Money collected.  Money collected by the 
 commissioner as rents, charges, or fees in connection with and 
 for the use of a parking lot or facility is appropriated to the 
 commissioner for the purpose of operating, maintaining, 
 improving, and replacing parking lots or facilities owned or 
 operated by the state, including providing necessary and 
 suitable uniforms for employees, and to carry out the purposes 
 of this section, except as provided in subdivision 7.  

    Subd. 6.    Legislative parking resolutions.  The 
 provisions of this section do not affect rules of parking 
 adopted by resolution of the legislature during legislative 
 sessions.  

    Subd. 7. Repealed, 2001 c 162 s 10 

    Subd. 8. Repealed, 1997 c 202 art 2 s 64 

    HIST: 1984 c 544 s 63; 1984 c 597 s 30; 1984 c 655 art 2 s 13 
 subd 1; 1986 c 444; 1990 c 572 s 9; 1992 c 514 s 13; 1994 c 628 
 art 3 s 6; 1998 c 359 s 10 

     16B.581 Distinctive tax-exempt license plates. 

    Vehicles owned or leased by the state of Minnesota must 
 display distinctive tax-exempt license plates unless otherwise 
 exempted under section 168.012.  The commissioner shall design 
 these distinctive plates subject to the approval of the 
 registrar.  An administrative fee of $20 and a license plate fee 
 of $10 for two plates per vehicle or a license plate fee of $5 
 for one plate per trailer is paid at the time of registration.  
 The license plate registration is valid for the life of the 
 vehicle or until the vehicle is no longer owned or leased by the 
 state of Minnesota. 

    When the state of Minnesota applies for distinctive 
 tax-exempt plates on vehicles previously owned by local units of 
 government, it shall pay an administrative fee of $10 and a 
 plate fee that covers the cost of replacement. 

    HIST: 1994 c 634 art 1 s 16 

     16B.59 State Building Code; policy and purpose. 

    The State Building Code governs the construction, 
 reconstruction, alteration, and repair of buildings and other 
 structures to which the code is applicable.  The commissioner 
 shall administer and amend a state code of building construction 
 which will provide basic and uniform performance standards, 
 establish reasonable safeguards for health, safety, welfare, 
 comfort, and security of the residents of this state and provide 
 for the use of modern methods, devices, materials, and 
 techniques which will in part tend to lower construction costs.  
 The construction of buildings should be permitted at the least 
 possible cost consistent with recognized standards of health and 
 safety.  

    HIST: 1984 c 544 s 64; 1995 c 254 art 2 s 1 

     16B.60 Definitions, State Building Code. 

    Subdivision 1.    Scope.  For the purposes of sections 
 16B.59 to 16B.75, the terms defined in this section have the 
 meanings given them.  

    Subd. 2.    City.  "City" means a home rule charter or 
 statutory city.  

    Subd. 3.    Municipality.  "Municipality" means a city, 
 county, or town, the University of Minnesota, or the state for 
 public buildings and state licensed facilities.  

    Subd. 4.    Code.  "Code" means the State Building Code 
 adopted by the commissioner in accordance with sections 16B.59 
 to 16B.75. 

    Subd. 5.    Agricultural building.  "Agricultural 
 building" means a structure on agricultural land as defined in 
 section 273.13, subdivision 23, designed, constructed, and used 
 to house farm implements, livestock, or agricultural produce or 
 products used by the owner, lessee, and sublessee of the 
 building and members of their immediate families, their 
 employees, and persons engaged in the pickup or delivery of 
 agricultural produce or products.  

    Subd. 6.    Public building.  "Public building" means a 
 building and its grounds the cost of which is paid for by the 
 state or a state agency regardless of its cost, and a school 
 district building project the cost of which is $100,000 or more. 

    Subd. 7.    Physically handicapped.  "Physically 
 handicapped" means having sight disabilities, hearing 
 disabilities, disabilities of incoordination, disabilities of 
 aging, or other disabilities that significantly reduce mobility, 
 flexibility, coordination, or perceptiveness.  

    Subd. 8.    Remodeling.  "Remodeling" means deliberate 
 reconstruction of an existing public building in whole or in 
 part in order to bring it up to date in conformity with present 
 uses of the structure and to which other rules on the upgrading 
 of health and safety provisions are applicable.  

    Subd. 9.    Historic building.  "Historic building" 
 means a state-owned building that is on the National Register of 
 Historic Places. 

    Subd. 10.    Equivalent protection.  "Equivalent 
 protection" means a measure other than a code requirement that 
 provides essentially the same protection that would be provided 
 by a code requirement. 

    Subd. 11.    State licensed facilities.  "State licensed 
 facilities" means a building and its grounds that are licensed 
 by the state as a hospital, nursing home, supervised living 
 facility, free-standing outpatient surgical center, or 
 correctional facility. 

    Subd. 12.    Designate.  "Designate" means the formal 
 designation by a municipality's administrative authority of a 
 certified building official accepting responsibility for code 
 administration. 

    Subd. 13.    Administrative authority.  "Administrative 
 authority" means a municipality's governing body or their 
 assigned administrative authority. 

    HIST: 1984 c 544 s 65; 1Sp1985 c 14 art 4 s 3; 1987 c 387 s 
 1,2; 1989 c 329 art 5 s 1; 1990 c 458 s 1; 1990 c 572 s 10,11; 
 1994 c 634 art 2 s 1,2; 1995 c 254 art 2 s 2,3; 1Sp2001 c 10 art 
 2 s 26-28 

     16B.61 General powers of commissioner; State Building 
  Code. 

    Subdivision 1.    Adoption of code.  Subject to sections 
 16B.59 to 16B.75, the commissioner shall by rule establish a 
 code of standards for the construction, reconstruction, 
 alteration, and repair of buildings, governing matters of 
 structural materials, design and construction, fire protection, 
 health, sanitation, and safety, including design and 
 construction standards regarding heat loss control, 
 illumination, and climate control.  The code must also include 
 duties and responsibilities for code administration, including 
 procedures for administrative action, penalties, and suspension 
 and revocation of certification.  The code must conform insofar 
 as practicable to model building codes generally accepted and in 
 use throughout the United States, including a code for building 
 conservation.  In the preparation of the code, consideration 
 must be given to the existing statewide specialty codes 
 presently in use in the state.  Model codes with necessary 
 modifications and statewide specialty codes may be adopted by 
 reference.  The code must be based on the application of 
 scientific principles, approved tests, and professional 
 judgment.  To the extent possible, the code must be adopted in 
 terms of desired results instead of the means of achieving those 
 results, avoiding wherever possible the incorporation of 
 specifications of particular methods or materials.  To that end 
 the code must encourage the use of new methods and new 
 materials.  Except as otherwise provided in sections 16B.59 to 
 16B.75, the commissioner shall administer and enforce the 
 provisions of those sections. 

    The commissioner shall develop rules addressing the plan 
 review fee assessed to similar buildings without significant 
 modifications including provisions for use of building systems 
 as specified in the industrial/modular program specified in 
 section 16B.75.  Additional plan review fees associated with 
 similar plans must be based on costs commensurate with the 
 direct and indirect costs of the service. 

    Subd. 1a.    Administration by commissioner.  The 
 commissioner shall administer and enforce the State Building 
 Code as a municipality with respect to public buildings and 
 state licensed facilities in the state.  The commissioner shall 
 establish appropriate permit, plan review, and inspection fees 
 for public buildings and state licensed facilities.  Fees and 
 surcharges for public buildings and state licensed facilities 
 must be remitted to the commissioner, who shall deposit them in 
 the state treasury for credit to the special revenue fund. 

    Municipalities other than the state having a contractual 
 agreement with the commissioner for code administration and 
 enforcement service for public buildings and state licensed 
 facilities shall charge their customary fees, including 
 surcharge, to be paid directly to the contractual jurisdiction 
 by the applicant seeking authorization to construct a public 
 building or a state licensed facility.  The commissioner shall 
 contract with a municipality other than the state for plan 
 review, code administration, and code enforcement service for 
 public buildings and state licensed facilities in the 
 contractual jurisdiction if the building officials of the 
 municipality meet the requirements of section 16B.65 and wish to 
 provide those services and if the commissioner determines that 
 the municipality has enough adequately trained and qualified 
 building inspectors to provide those services for the 
 construction project. 

    Administration and enforcement in a municipality under this 
 section must apply any optional provisions of the State Building 
 Code adopted by the municipality.  A municipality adopting any 
 optional code provision shall notify the state building official 
 within 30 days of its adoption. 

    The commissioner shall administer and enforce the 
 provisions of the code relating to elevators statewide, except 
 as provided for under section 16B.747, subdivision 3. 

    Subd. 2.    Enforcement by certain bodies.  Under the 
 direction and supervision of the commissioner, the provisions of 
 the code relating to electrical installations shall be enforced 
 by the state board of electricity, pursuant to the Minnesota 
 Electrical Act, the provisions relating to plumbing shall be 
 enforced by the commissioner of health, the provisions relating 
 to high pressure steam piping and appurtenances shall be 
 enforced by the department of labor and industry.  Fees for 
 inspections conducted by the state board of electricity shall be 
 paid in accordance with the rules of the state board of 
 electricity.  Under direction of the commissioner of public 
 safety, the state fire marshal shall enforce the Minnesota 
 Uniform Fire Code as provided in chapter 299F.  The 
 commissioner, in consultation with the commissioner of labor and 
 industry, shall adopt amendments to the mechanical code portion 
 of the State Building Code to implement standards for process 
 piping. 

    Subd. 3.    Special requirements.  (a)    Space for 
 commuter vans.  The code must require that any parking ramp or 
 other parking facility constructed in accordance with the code 
 include an appropriate number of spaces suitable for the parking 
 of motor vehicles having a capacity of seven to 16 persons and 
 which are principally used to provide prearranged commuter 
 transportation of employees to or from their place of employment 
 or to or from a transit stop authorized by a local transit 
 authority.  

    (b)    Smoke detection devices.  The code must require 
 that all dwellings, lodging houses, apartment houses, and hotels 
 as defined in section 299F.362 comply with the provisions of 
 section 299F.362.  

    (c)    Doors in nursing homes and hospitals.  The State 
 Building Code may not require that each door entering a sleeping 
 or patient's room from a corridor in a nursing home or hospital 
 with an approved complete standard automatic fire extinguishing 
 system be constructed or maintained as self-closing or 
 automatically closing.  

    (d)    Child care facilities in churches; ground level 
 exit.  A licensed day care center serving fewer than 30 
 preschool age persons and which is located in a below ground 
 space in a church building is exempt from the State Building 
 Code requirement for a ground level exit when the center has 
 more than two stairways to the ground level and its exit.  

    (e)    Child care facilities in churches; vertical access. 
  Until August 1, 1996, an organization providing child care in 
 an existing church building which is exempt from taxation under 
 section 272.02, subdivision 6, shall have five years from the 
 date of initial licensure under chapter 245A to provide interior 
 vertical access, such as an elevator, to persons with 
 disabilities as required by the State Building Code.  To obtain 
 the extension, the organization providing child care must secure 
 a $2,500 performance bond with the commissioner of human 
 services to ensure that interior vertical access is achieved by 
 the agreed upon date. 

    (f)    Family and group family day care.  Until the 
 legislature enacts legislation specifying appropriate standards, 
 the definition of Group R-3 occupancies in the State Building 
 Code applies to family and group family day care homes licensed 
 by the department of human services under Minnesota Rules, 
 chapter 9502. 

    (g)    Enclosed stairways.  No provision of the code or 
 any appendix chapter of the code may require stairways of 
 existing multiple dwelling buildings of two stories or less to 
 be enclosed. 

    (h)    Double cylinder dead bolt locks.  No provision of 
 the code or appendix chapter of the code may prohibit double 
 cylinder dead bolt locks in existing single-family homes, 
 townhouses, and first floor duplexes used exclusively as a 
 residential dwelling.  Any recommendation or promotion of double 
 cylinder dead bolt locks must include a warning about their 
 potential fire danger and procedures to minimize the danger. 

    (i)    Relocated residential buildings.  A residential 
 building relocated within or into a political subdivision of the 
 state need not comply with the State Energy Code or section 
 326.371 provided that, where available, an energy audit is 
 conducted on the relocated building. 

    (j)    Automatic garage door opening systems.  The code 
 must require all residential buildings as defined in section 
 325F.82 to comply with the provisions of sections 325F.82 and 
 325F.83.  

    (k)    Exit sign illumination.  For a new building on 
 which construction is begun on or after October 1, 1993, or an 
 existing building on which remodeling affecting 50 percent or 
 more of the enclosed space is begun on or after October 1, 1993, 
 the code must prohibit the use of internally illuminated exit 
 signs whose electrical consumption during nonemergency operation 
 exceeds 20 watts of resistive power.  All other requirements in 
 the code for exit signs must be complied with.  

    (l)    Exterior wood decks, patios, and balconies.  The 
 code must permit the decking surface and upper portions of 
 exterior wood decks, patios, and balconies to be constructed of 
 (1) heartwood from species of wood having natural resistance to 
 decay or termites, including redwood and cedars, (2) grades of 
 lumber which contain sapwood from species of wood having natural 
 resistance to decay or termites, including redwood and cedars, 
 or (3) treated wood.  The species and grades of wood products 
 used to construct the decking surface and upper portions of 
 exterior decks, patios, and balconies must be made available to 
 the building official on request before final construction 
 approval. 

    Subd. 3a.    Recycling space.  The code must require 
 suitable space for the separation, collection, and temporary 
 storage of recyclable materials within or adjacent to new or 
 significantly remodeled structures that contain 1,000 square 
 feet or more.  Residential structures with fewer than four 
 dwelling units are exempt from this subdivision. 

    Subd. 4.    Review of plans for public buildings and state 
 licensed facilities.  Construction or remodeling may not begin 
 on any public building or state licensed facility until the 
 plans and specifications have been approved by the commissioner 
 or municipality under contractual agreement pursuant to 
 subdivision 1a.  The plans and specifications must be submitted 
 for review, and within 30 days after receipt of the plans and 
 specifications, the commissioner or municipality under 
 contractual agreement shall notify the submitting authority of 
 any corrections.  

    Subd. 5.    Accessibility.  (a)    Public buildings.  
 The code must provide for making public buildings constructed or 
 remodeled after July 1, 1963, accessible to and usable by 
 physically handicapped persons, although this does not require 
 the remodeling of public buildings solely to provide 
 accessibility and usability to the physically handicapped when 
 remodeling would not otherwise be undertaken.  

    (b)    Leased space.  No agency of the state may lease 
 space for agency operations in a non-state-owned building unless 
 the building satisfies the requirements of the State Building 
 Code for accessibility by the physically handicapped, or is 
 eligible to display the state symbol of accessibility.  This 
 limitation applies to leases of 30 days or more for space of at 
 least 1,000 square feet.  

    (c)    Meetings or conferences.  Meetings or conferences 
 for the public or for state employees which are sponsored in 
 whole or in part by a state agency must be held in buildings 
 that meet the State Building Code requirements relating to 
 accessibility for physically handicapped persons.  This 
 subdivision does not apply to any classes, seminars, or training 
 programs offered by the Minnesota state colleges and 
 universities or the University of Minnesota.  Meetings or 
 conferences intended for specific individuals none of whom need 
 the accessibility features for handicapped persons specified in 
 the State Building Code need not comply with this subdivision 
 unless a handicapped person gives reasonable advance notice of 
 an intent to attend the meeting or conference.  When sign 
 language interpreters will be provided, meetings or conference 
 sites must be chosen which allow hearing impaired participants 
 to see their signing clearly. 

    (d)    Exemptions.  The commissioner may grant an 
 exemption from the requirements of paragraphs (b) and (c) in 
 advance if an agency has demonstrated that reasonable efforts 
 were made to secure facilities which complied with those 
 requirements and if the selected facilities are the best 
 available for access for handicapped persons.  Exemptions shall 
 be granted using criteria developed by the commissioner in 
 consultation with the council on disability.  

    (e)    Symbol indicating access.  The wheelchair symbol 
 adopted by Rehabilitation International's Eleventh World 
 Congress is the state symbol indicating buildings, facilities, 
 and grounds which are accessible to and usable by handicapped 
 persons.  In the interests of uniformity, this symbol is the 
 sole symbol for display in or on all public or private 
 buildings, facilities, and grounds which qualify for its use.  
 The secretary of state shall obtain the symbol and keep it on 
 file.  No building, facility, or grounds may display the symbol 
 unless it is in compliance with the rules adopted by the 
 commissioner under subdivision 1.  Before any rules are proposed 
 for adoption under this paragraph, the commissioner shall 
 consult with the council on disability.  Rules adopted under 
 this paragraph must be enforced in the same way as other 
 accessibility rules of the State Building Code.  

    (f)    Municipal enforcement.  Municipalities which have 
 not adopted the State Building Code may enforce the building 
 code requirements for handicapped persons by either entering 
 into a joint powers agreement for enforcement with another 
 municipality which has adopted the State Building Code; or 
 contracting for enforcement with an individual certified under 
 section 16B.65, subdivision 3, to enforce the State Building 
 Code.  

    (g)    Equipment allowed.  The code must allow the use 
 of vertical wheelchair lifts and inclined stairway wheelchair 
 lifts in public buildings.  An inclined stairway wheelchair lift 
 must be equipped with light or sound signaling device for use 
 during operation of the lift.  The stairway or ramp shall be 
 marked in a bright color that clearly indicates the outside edge 
 of the lift when in operation.  The code shall not require a 
 guardrail between the lift and the stairway or ramp.  Compliance 
 with this provision by itself does not mean other handicap 
 accessibility requirements have been met. 

    Subd. 6.    Energy efficiency.  The code must provide 
 for building new low-income housing in accordance with energy 
 efficiency standards adopted under subdivision 1.  For purposes 
 of this subdivision, low-income housing means residential 
 housing built for low-income persons and families under a 
 program of a housing and redevelopment authority, the Minnesota 
 housing finance agency, or another entity receiving money from 
 the state to construct such housing. 

    Subd. 7.    Access for the hearing-impaired.  All rooms 
 in the state office building and in the capitol that are used by 
 the house of representatives or the senate for legislative 
 hearings, and the public galleries overlooking the house and 
 senate chambers, must be fitted with assistive listening devices 
 for the hearing-impaired.  Each hearing room and the public 
 galleries must have a sufficient number of receivers available 
 so that hearing-impaired members of the public may participate 
 in the committee hearings and public sessions of the house and 
 senate. 

    HIST: 1984 c 544 s 66; 1984 c 655 art 2 s 13 subd 1; 1984 c 
 658 s 1; 1985 c 194 s 30; 1985 c 248 s 70; 1986 c 444; 1Sp1986 c 
 3 art 4 s 2; 1987 c 291 s 192; 1987 c 354 s 8; 1987 c 387 s 3; 
 1988 c 608 s 1; 1988 c 685 s 2; 1989 c 82 s 1; 1989 c 335 art 1 
 s 65; 1990 c 414 s 1; 1991 c 104 s 1; 1991 c 134 s 1; 1991 c 149 
 s 2; 1991 c 235 art 3 s 1; 1991 c 240 s 1; 1991 c 337 s 4; 1992 
 c 597 s 1; 1993 c 327 s 1; 1994 c 480 s 6; 1994 c 567 s 1; 1994 
 c 634 art 2 s 3,4; 1995 c 100 s 1; 1995 c 166 s 1,2,17; 1995 c 
 213 art 1 s 1; 1995 c 254 art 2 s 4-6; 1996 c 395 s 18; 1999 c 
 135 s 1,2; 1999 c 185 s 1; 2000 c 297 s 1; 2001 c 7 s 10; 2001 c 
 207 s 1,2; 1Sp2001 c 10 art 2 s 29 

     16B.615 Restroom facilities. 

    Subdivision 1.    Definition.  For purposes of this 
 section, "place of public accommodation" means a publicly or 
 privately owned sports or entertainment arena, stadium, theater, 
 community or convention hall, special event center, amusement 
 facility, or special event center in a public park, that is 
 designed for occupancy by 200 or more people. 

    Subd. 2.    Application.  This section applies only to a 
 place of public accommodation for which construction, or 
 alterations exceeding 50 percent of the estimated replacement 
 value of the existing facility, begins after July 1, 1995.  

    Subd. 3.    Ratio.  In a place of public accommodation 
 subject to this section, the ratio of water closets for women to 
 the total of water closets and urinals provided for men must be 
 at least three to two, unless there are two or fewer fixtures 
 for men. 

    Subd. 4.    Rules.  The commissioner of administration 
 shall adopt rules to implement this section.  The rules may 
 provide for a greater ratio of women's to men's facilities for 
 certain types of occupancies than is required in subdivision 3, 
 and may apply the required ratios to categories of occupancies 
 other than those defined as places of public accommodation under 
 subdivision 1. 

    HIST: 1994 c 632 art 3 s 34 

     16B.616 Bleacher safety. 

    Subdivision 1.    Definitions.  (a) For purposes of this 
 section, the following terms have the meanings given. 

    (b) "Place of public accommodation" means a public or 
 privately owned sports or entertainment arena, gymnasium, 
 auditorium, stadium, hall, special event center in a public 
 park, or other facility for public assembly. 

    (c) "Bleacher" refers to any tiered or stepped seating 
 facility, whether temporary or permanent, used in a place of 
 public accommodation for the seating of its occupants. 

    Subd. 2.    Application.  All places of public 
 accommodation must comply with the provisions of this section. 

    Subd. 3.    Safety requirements.  In places of public 
 accommodation using bleacher seating, all bleachers or bleacher 
 open spaces over 55 inches above grade or the floor below, and 
 all bleacher guardrails if any part of the guardrail is over 30 
 inches above grade or the floor below must conform to the 
 following safety requirements: 

    (1) the open space between bleacher footboards, seats, and 
 guardrails must not exceed four inches, unless approved safety 
 nets are installed, except that retractable bleachers already in 
 place as of January 1, 2001, may have open spaces not exceeding 
 nine inches and any bleachers owned by the University of 
 Minnesota, the Minnesota state colleges and universities, or a 
 private college or university may have open spaces not exceeding 
 nine inches; 

    (2) bleachers must have vertical perimeter guardrails with 
 no more than four-inch rail spacing between vertical rails or 
 other approved guardrails that address climbability and are 
 designed to prevent accidents; and 

    (3) the state building official shall determine whether the 
 safety nets and guardrail climbability meet the requirements of 
 the alternate design section of the State Building Code.  All 
 new bleachers manufactured, installed, sold, or distributed 
 after January 1, 2001, must comply with the State Building Code 
 in effect and this subdivision. 

    Subd. 4.    Enforcement.  (a) A statutory or home rule 
 charter city that is not covered by the code because of action 
 taken under section 16B.72 or 16B.73 is responsible for 
 enforcement in the city of the code's requirements for bleacher 
 safety.  In all other areas where the code does not apply 
 because of action taken under section 16B.72 or 16B.73, the 
 county is responsible for enforcement of those requirements. 

    (b) Municipalities that have not adopted the code may 
 enforce the code requirements for bleacher safety by either 
 entering into a joint powers agreement for enforcement with 
 another municipality that has adopted the code or contracting 
 for enforcement with a qualified and certified building official 
 or state licensed design professional to enforce the code. 

    (c) Municipalities, school districts, organizations, 
 individuals, and other persons operating or owning places of 
 public accommodation with bleachers that are subject to the 
 safety requirements in subdivision 3 shall provide a signed 
 certification of compliance to the commissioner by January 1, 
 2002.  For bleachers subject to the exception in subdivision 3, 
 clause (1), entities covered by this paragraph must have on file 
 a bleacher safety management plan and amortization schedule.  
 The certification shall be prepared by a qualified and certified 
 building official or state licensed design professional and 
 shall certify that the bleachers have been inspected and are in 
 compliance with the requirements of this section and are 
 structurally sound.  For bleachers owned by a school district or 
 nonpublic school, the person the district or nonpublic school 
 designates to be responsible for buildings and grounds may make 
 the certification. 

    Subd. 5.    Noncomplying bleachers prohibited.  The 
 commissioner, in addition to other remedies provided for 
 violations of this chapter, shall forbid use of bleachers not in 
 compliance with this section. 

    Subd. 6.    Periodic inspections.  Bleacher footboards 
 and guardrails must be reinspected at least every five years and 
 a structural inspection must be made at least every ten years.  
 Inspections may be completed in the same manner as provided in 
 subdivision 4.  This section does not preclude a municipal 
 authority from establishing additional reinspections under the 
 State Building Code.  

    HIST: 1999 c 250 art 1 s 62; 2000 c 417 s 1,2; 2000 c 492 art 
 1 s 35,36; 1Sp2001 c 6 art 4 s 1 

     16B.617 Energy code rules remain in effect. 

    (a) Notwithstanding Laws 1999, chapter 135, section 9, 
 Minnesota Rules, chapter 7670, does not expire on April 15, 
 2000, but remains in effect for residential buildings not 
 covered by Minnesota Rules, chapter 7676.  The provisions of 
 Minnesota Rules, chapter 7670, that apply to category 1 
 buildings govern new, detached single one- and two-family R-3 
 occupancy residential buildings.  All new, detached single one- 
 and two-family R-3 occupancy buildings subject to Minnesota 
 Rules, chapter 7670, submitting an application for a building 
 permit after April 14, 2000, must meet the requirements for 
 category 1 buildings, as set out in Minnesota Rules, chapter 
 7670.  All new detached single one- and two-family R-3 occupancy 
 buildings having fuel burning equipment using nonsolid fuels for 
 space heating, service water heating, or hearth products must 
 install direct vent, power vent, or sealed combustion 
 equipment.  All new detached single one- and two-family R-3 
 occupancy buildings must have a mechanical ventilation system 
 which replaces, by direct or indirect means, air from habitable 
 rooms with outdoor air.  If any single exhaust device over 300 
 cubic feet per minute is installed, sealed combustion space 
 heating equipment or an alternative make-up air source must be 
 used. 

    (b) As an alternative to compliance with paragraph (a), 
 compliance with Minnesota Rules, chapters 7672 and 7674, is 
 optional for a contractor or owner. 

    (c) The department of administration, building codes and 
 standards division (BCSD), shall issue a report to the 
 legislature by December 1, 2001, addressing the cost benefit, as 
 well as air quality, building durability, moisture, enforcement, 
 enforceability, and liability regarding implementation of 
 Minnesota Rules, chapters 7670, 7672, and 7674.  The report must 
 include a feasibility study of establishing new criteria for 
 category 2 detached single one- and two-family R-3 occupancy 
 buildings that are energy efficient, enforceable, and provide 
 sufficient nonmechanical ventilation or permeability for a home 
 to maintain good air quality, building durability, and adequate 
 release of moisture. 

    HIST: 2000 c 407 s 1 

     16B.62 State Building Code; application. 

    Subdivision 1.    Municipal enforcement.  The State 
 Building Code applies statewide and supersedes the building code 
 of any municipality.  A municipality must not by ordinance or 
 through development agreement require building code provisions 
 regulating components or systems of any residential structure 
 that are different from any provision of the State Building 
 Code.  A municipality may, with the approval of the state 
 building official, adopt an ordinance that is more restrictive 
 than the State Building Code where geological conditions warrant 
 a more restrictive ordinance.  A municipality may appeal the 
 disapproval of a more restrictive ordinance to the 
 commissioner.  An appeal under this subdivision is subject to 
 the schedule, fee, procedures, cost provisions, and appeal 
 rights set out in section 16B.67.  The State Building Code does 
 not apply to agricultural buildings except with respect to state 
 inspections required or rulemaking authorized by sections 
 103F.141, 216C.19, subdivision 8, and 326.244.  All 
 municipalities shall adopt and enforce the State Building Code 
 with respect to new construction within their respective 
 jurisdictions.  

    If a city has adopted or is enforcing the State Building 
 Code on June 3, 1977, or determines by ordinance after that date 
 to undertake enforcement, it shall enforce the code within the 
 city.  A city may by ordinance extend the enforcement of the 
 code to contiguous unincorporated territory not more than two 
 miles distant from its corporate limits in any direction.  Where 
 two or more noncontiguous cities which have elected to enforce 
 the code have boundaries less than four miles apart, each is 
 authorized to enforce the code on its side of a line equidistant 
 between them.  Once enforcement authority is extended 
 extraterritorially by ordinance, the authority may continue to 
 be exercised in the designated territory even though another 
 city less than four miles distant later elects to enforce the 
 code.  After the extension, the city may enforce the code in the 
 designated area to the same extent as if the property were 
 situated within its corporate limits.  

    A city which, on June 3, 1977, had not adopted the code may 
 not commence enforcement of the code within or outside of its 
 jurisdiction until it has provided written notice to the 
 commissioner, the county auditor, and the town clerk of each 
 town in which it intends to enforce the code.  A public hearing 
 on the proposed enforcement must be held not less than 30 days 
 after the notice has been provided.  Enforcement of the code by 
 the city outside of its jurisdiction commences on the first day 
 of January in the year following the notice and hearing.  

    Municipalities may provide for the issuance of permits, 
 inspection, and enforcement within their jurisdictions by means 
 which are convenient, and lawful, including by means of 
 contracts with other municipalities pursuant to section 471.59, 
 and with qualified individuals.  The other municipalities or 
 qualified individuals may be reimbursed by retention or 
 remission of some or all of the building permit fee collected or 
 by other means.  In areas of the state where inspection and 
 enforcement is unavailable from qualified employees of 
 municipalities, the commissioner shall train and designate 
 individuals available to carry out inspection and enforcement on 
 a fee basis.  Nothing in this section prohibits a municipality 
 from adopting ordinances relating to zoning, subdivision, or 
 planning unless the ordinance conflicts with a provision of the 
 State Building Code that regulates components or systems of any 
 residential structure. 

    Subd. 2.    Enforcement by state building official.  If 
 the commissioner determines that a municipality is not properly 
 administering and enforcing the State Building Code as provided 
 in section 16B.71, the commissioner may have the administration 
 and enforcement in the involved municipality undertaken by the 
 state building official.  The commissioner shall notify the 
 affected municipality in writing immediately upon making the 
 determination, and the municipality may challenge the 
 determination as a contested case before the commissioner 
 pursuant to the Administrative Procedure Act.  In municipalities 
 not properly administering and enforcing the State Building 
 Code, and in municipalities who determine not to administer and 
 enforce the State Building Code, the commissioner shall have 
 administration and enforcement undertaken by the state building 
 official or by another inspector certified by the state.  In 
 carrying out administration and enforcement under this 
 subdivision, the commissioner shall apply any optional provision 
 of the State Building Code adopted by the municipality.  A 
 municipality adopting any optional code provision shall notify 
 the state building official within 30 days of its adoption.  The 
 commissioner shall determine appropriate fees to be charged for 
 the administration and enforcement service rendered.  Any cost 
 to the state arising from the state administration and 
 enforcement of the State Building Code shall be borne by the 
 subject municipality.  

    HIST: 1984 c 544 s 67; 1987 c 312 art 1 s 10 subd 1; 1990 c 
 391 art 8 s 2; 1994 c 634 art 2 s 5,10; 1999 c 135 s 3; 2001 c 
 207 s 3 

     16B.625 Exemptions. 

    The commissioner may exempt a part of a historic building 
 occupied by the state from the state or another building, fire, 
 safety, or other code if the exemption is necessary to preserve 
 the historic or esthetic character of the building or to prevent 
 theft, vandalism, terrorism, or another crime.  When the 
 commissioner grants an exemption, the commissioner shall 
 consider providing equivalent protection.  A certificate of 
 occupancy may not be denied because of an exemption under this 
 section. 

    HIST: 1990 c 572 s 12 

     16B.63 State building official. 

    Subdivision 1.    Appointment.  The commissioner shall 
 appoint a state building official who under the direction and 
 supervision of the commissioner shall administer the code.  

    Subd. 2.    Qualifications.  To be eligible for 
 appointment as state building official an individual must be 
 competent in the field of administration and shall have the 
 experience in building design, construction, and supervision 
 which the commissioner considers necessary.  

    Subd. 3.    Powers and duties.  The state building 
 official may, with the approval of the commissioner, employ 
 personnel necessary to carry out the inspector's function under 
 sections 16B.59 to 16B.75.  The state building official shall 
 distribute without charge one copy of the code to each 
 municipality within the state.  Additional copies shall be made 
 available to municipalities and interested parties for a fee 
 prescribed by the commissioner.  The state building official 
 shall perform other duties in administering the code assigned by 
 the commissioner.  

    Subd. 4.    Accessibility specialists.  The state 
 building official shall, with the approval of the commissioner, 
 assign three department employees to assist municipalities in 
 complying with section 16B.61, subdivision 5. 

    Subd. 5.    Interpretative authority.  To achieve 
 uniform and consistent application of the State Building Code, 
 the state building official has final interpretative authority 
 applicable to all codes adopted as part of the State Building 
 Code except for the plumbing code and the electrical code when 
 enforced by the state board of electricity.  A final 
 interpretative committee composed of seven members, consisting 
 of three building officials, two inspectors from the affected 
 field, and two construction industry representatives, shall 
 review requests for final interpretations relating to that 
 field.  A request for final interpretation must come from a 
 local or state level building code board of appeals.  The state 
 building official must establish procedures for membership of 
 the interpretative committees.  The appropriate committee shall 
 review the request and make a recommendation to the state 
 building official for the final interpretation within 30 days of 
 the request.  The state building official must issue an 
 interpretation within ten business days from the recommendation 
 from the review committee.  A final interpretation may be 
 appealed within 30 days of its issuance to the commissioner 
 under section 16B.67.  The final interpretation must be 
 published within ten business days of its issuance and made 
 available to the public.  Municipal building officials shall 
 administer all final interpretations issued by the state 
 building official until the final interpretations are considered 
 for adoption as part of the State Building Code. 

    HIST: 1984 c 544 s 68; 1986 c 444; 1991 c 345 art 1 s 66; 1994 
 c 634 art 2 s 10; 1995 c 254 art 2 s 7; 2001 c 207 s 4 

     16B.64 Application of Administrative Procedure Act. 

    Subdivision 1.    Applicability.  Subject to this 
 section, the adoption of the code and amendment is subject to 
 the Administrative Procedure Act.  

    Subd. 2.    Distribution of incorporations by reference. 
  The commissioner need not publish or distribute those parts 
 of the code which are adopted by reference pursuant to section 
 14.07, subdivision 4.  

    Subd. 3.    Filing.  The commissioner shall file one 
 copy of the complete code with the secretary of state, except 
 that all standards referred to in any model or statewide 
 specialty code or any of the modifications of a code need not be 
 filed.  All standards referred to in the code must be kept on 
 file and available for inspection in the office of the 
 commissioner.  

    Subd. 4.    Hearings.  The commissioner shall hold all 
 state hearings and make all determinations regarding any subject 
 matter dealt with in the code including those in which another 
 state agency proposes to adopt or amend rules which are 
 incorporated by reference into the code or whenever the 
 commissioner proposes to incorporate those rules into the State 
 Building Code.  In no event may a state agency subsequently 
 authorized to adopt rules involving State Building Code subject 
 matter proceed to adopt the rules without prior consultation 
 with the commissioner. 

    Subd. 5.    Proposed amendments; hearings.  Any 
 interested person may propose amendments to the code which may 
 be either applicable to all municipalities or, where it is 
 alleged and established that conditions exist within a 
 municipality which are not generally found within other 
 municipalities, amendments may be restricted in application to 
 that municipality.  Notice of public hearings on proposed 
 amendments shall be given to the governing bodies of all 
 municipalities in addition to those persons entitled to notice 
 under the Administrative Procedure Act.  

    Subd. 6.    Adoption.  The commissioner shall approve 
 any proposed amendments deemed by the commissioner to be 
 reasonable in conformity with the policy and purpose of the code 
 and justified under the particular circumstances involved.  Upon 
 adoption, a copy of each amendment must be distributed to the 
 governing bodies of all affected municipalities.  

    Subd. 7.    Investigation and research.  With the 
 approval of the commissioner the state building official shall 
 investigate or provide for investigations, or may accept 
 authenticated reports from authoritative sources, concerning new 
 materials or modes of construction intended for use in the 
 construction of buildings or structures, and shall propose 
 amendments to the code setting forth the conditions under which 
 the new materials or modes may be used.  

    HIST: 1984 c 544 s 69; 1985 c 248 s 8; 1986 c 444; 1987 c 312 
 art 1 s 10 subd 1; 1994 c 634 art 2 s 10; 1999 c 135 s 4 

     16B.65 Building officials. 

    Subdivision 1.    Designation.  By January 1, 2002, each 
 municipality shall designate a building official to administer 
 the code.  A municipality may designate no more than one 
 building official responsible for code administration defined by 
 each certification category established in rule.  Two or more 
 municipalities may combine in the designation of a building 
 official for the purpose of administering the provisions of the 
 code within their communities.  In those municipalities for 
 which no building officials have been designated, the state 
 building official may use whichever state employees are 
 necessary to perform the duties of the building official until 
 the municipality makes a temporary or permanent designation.  
 All costs incurred by virtue of these services rendered by state 
 employees must be borne by the involved municipality and 
 receipts arising from these services must be paid into the state 
 treasury and credited to the general fund.  

    Subd. 2.    Qualifications.  A building official, to be 
 eligible for designation, must be certified and have the 
 experience in design, construction, and supervision which the 
 commissioner deems necessary and must be generally informed on 
 the quality and strength of building materials, accepted 
 building construction requirements, and the nature of equipment 
 and needs conducive to the safety, comfort, and convenience of 
 building occupants.  No person may be designated as a building 
 official for a municipality unless the commissioner determines 
 that the official is qualified as provided in subdivision 3.  

    Subd. 3.    Certification.  The commissioner shall:  

    (1) prepare and conduct written and practical examinations 
 to determine if a person is qualified pursuant to subdivision 2 
 to be a building official; 

    (2) accept documentation of successful completion of 
 testing programs developed by nationally recognized testing 
 agencies, as proof of qualification pursuant to subdivision 2; 
 or 

    (3) determine qualifications by both clauses (1) and (2).  

    Upon a determination of qualification under clause (1), 
 (2), or both of them, the commissioner shall issue a certificate 
 to the building official stating that the official is 
 certified.  Each person applying for examination and 
 certification pursuant to this section shall pay a nonrefundable 
 fee of $70.  The commissioner or a designee may establish 
 categories of certification that will recognize the varying 
 complexities of code enforcement in the municipalities within 
 the state.  The commissioner shall provide educational programs 
 designed to train and assist building officials in carrying out 
 their responsibilities. 

    The department of employee relations may, at the request of 
 the commissioner, provide statewide testing services. 

    Subd. 4.    Duties.  Building officials shall, in the 
 municipality for which they are designated, be responsible for 
 all aspects of code administration for which they are certified, 
 including the issuance of all building permits and the 
 inspection of all manufactured home installations.  The 
 commissioner may direct a municipality with a building official 
 to perform services for another municipality, and in that event 
 the municipality being served shall pay the municipality 
 rendering the services the reasonable costs of the services.  
 The costs may be subject to approval by the commissioner.  

    Subd. 5.    Oversight committee.  (a) The commissioner 
 shall establish a code administration oversight committee to 
 evaluate, mediate, and recommend to the commissioner any 
 administrative action, penalty, suspension, or revocation with 
 respect to complaints filed with or information received by the 
 commissioner alleging or indicating the unauthorized performance 
 of official duties or unauthorized use of the title certified 
 building official, or a violation of statute, rule, or order 
 that the commissioner has issued or is empowered to enforce.  
 The committee consists of five certified building officials, at 
 least two of whom must be from nonmetropolitan counties.  
 Committee members must be compensated according to section 
 15.059, subdivision 3.  The commissioner's designee shall act as 
 an ex-officio member of the oversight committee.  

    (b) If the commissioner has a reasonable basis to believe 
 that a person has engaged in an act or practice constituting the 
 unauthorized performance of official duties, the unauthorized 
 use of the title certified building official, or a violation of 
 a statute, rule, or order that the commissioner has issued or is 
 empowered to enforce, the commissioner may proceed with 
 administrative actions or penalties as described in subdivision 
 5a or suspension or revocation as described in subdivision 5b.  

    Subd. 5a.    Administrative action and penalties.  The 
 commissioner shall, by rule, establish a graduated schedule of 
 administrative actions for violations of sections 16B.59 to 
 16B.75 and rules adopted under those sections.  The schedule 
 must be based on and reflect the culpability, frequency, and 
 severity of the violator's actions.  The commissioner may impose 
 a penalty from the schedule on a certification holder for a 
 violation of sections 16B.59 to 16B.75 and rules adopted under 
 those sections.  The penalty is in addition to any criminal 
 penalty imposed for the same violation.  Administrative monetary 
 penalties imposed by the commissioner must be paid to the 
 general fund.  

    Subd. 5b.    Suspension; revocation.  Except as 
 otherwise provided for by law, the commissioner may, upon notice 
 and hearing, revoke or suspend or refuse to issue or reissue a 
 building official certification if the applicant, building 
 official, or certification holder: 

    (1) violates a provision of sections 16B.59 to 16B.75 or a 
 rule adopted under those sections; 

    (2) engages in fraud, deceit, or misrepresentation while 
 performing the duties of a certified building official; 

    (3) makes a false statement in an application submitted to 
 the commissioner or in a document required to be submitted to 
 the commissioner; or 

    (4) violates an order of the commissioner.  

    Notice must be provided and the hearing conducted in 
 accordance with the provisions of chapter 14 governing contested 
 case proceedings.  Nothing in this subdivision limits or 
 otherwise affects the authority of a municipality to dismiss or 
 suspend a building official at its discretion, except as 
 otherwise provided for by law. 

    Subd. 6.    Vacancies.  In the event that a designated 
 building official position is vacant within a municipality, that 
 municipality shall designate a certified building official to 
 fill the vacancy as soon as possible.  The commissioner must be 
 notified of any vacancy or designation in writing within 15 
 days.  If the municipality fails to designate a certified 
 building official within 15 days of the occurrence of the 
 vacancy, the state building official may provide state employees 
 to serve that function as provided in subdivision 1 until the 
 municipality makes a temporary or permanent designation.  
 Municipalities must not issue permits without a designated 
 certified building official.  

    Subd. 7.    Continuing education.  Subject to sections 
 16B.59 to 16B.75, the commissioner may by rule establish or 
 approve continuing education programs for municipal building 
 officials dealing with matters of building code administration, 
 inspection, and enforcement.  

    Each person certified as a building official for the state 
 must satisfactorily complete applicable educational programs 
 established or approved by the commissioner every three calendar 
 years to retain certification. 

    Each person certified as a building official must submit in 
 writing to the commissioner an application for renewal of 
 certification within 60 days of the last day of the third 
 calendar year following the last certificate issued.  Each 
 application for renewal must be accompanied by proof of 
 satisfactory completion of minimum continuing education 
 requirements and the certification renewal fee established by 
 the commissioner.  

    HIST: 1984 c 544 s 70; 1984 c 578 s 1; 1984 c 655 art 2 s 13 
 subd 1; 1Sp1985 c 17 s 6; 1986 c 444; 1988 c 613 s 16; 1995 c 
 254 art 2 s 8-11; 1998 c 359 s 11,12; 1Sp2001 c 10 art 2 s 30 

     16B.66 Certain inspections. 

    The state building official may, upon an application 
 setting forth a set of plans and specifications that will be 
 used in more than one municipality to acquire building permits, 
 review and approve the application for the construction or 
 erection of any building or structure designed to provide 
 dwelling space for no more than two families if the set of plans 
 meets the requirements of the State Building Code.  All costs 
 incurred by the state building official by virtue of the 
 examination of the set of plans and specifications must be paid 
 by the applicant.  A building official shall issue a building 
 permit upon application and presentation to the official of a 
 set of plans and specifications bearing the approval of the 
 state building official if the requirements of all other local 
 ordinances are satisfied.  

    HIST: 1984 c 544 s 71; 1986 c 444; 1994 c 634 art 2 s 6,10 

     16B.665 Permit fee limitation on minor residential 
  improvements. 

    A municipality as defined in section 16B.60, subdivision 3, 
 or a town may not charge a permit fee that exceeds $15 or 5 
 percent of the cost of the improvement, installation, or 
 replacement, whichever is greater, for the improvement, 
 installation, or replacement of a residential fixture or 
 appliance that: 

    (1) does not require modification to electric or gas 
 service; 

    (2) has a total cost of $500 or less, excluding the cost of 
 the fixture or appliance; and 

    (3) is improved, installed, or replaced by the home owner 
 or a licensed contractor. 

    HIST: 2001 c 207 s 5 

     16B.67 Appeals. 

    A person aggrieved by the final decision of any 
 municipality as to the application of the code, including any 
 rules adopted under sections 471.465 to 471.469, may, within 180 
 days of the decision, appeal to the commissioner.  Appellant 
 shall submit a nonrefundable fee of $70, payable to the 
 commissioner, with the request for appeal.  An appeal must be 
 heard as a contested case under chapter 14.  The commissioner 
 shall submit written findings to the parties.  The party not 
 prevailing shall pay the costs of the contested case hearing, 
 including fees charged by the office of administrative hearings 
 and the expense of transcript preparation.  Costs under this 
 section do not include attorney fees.  Any person aggrieved by a 
 ruling of the commissioner may appeal in accordance with chapter 
 14.  For the purpose of this section "any person aggrieved" 
 includes the council on disability.  No fee or costs shall be 
 required when the council on disability is the appellant.  

    HIST: 1984 c 544 s 72; 1986 c 444; 1987 c 354 s 4; 1988 c 613 
 s 17; 1995 c 254 art 2 s 12 

     16B.68 Certain permits. 

    Building permits or certificates of occupancy validly 
 issued before July 1, 1972, regarding buildings or structures 
 being constructed or altered according to the permits or 
 certificates, are valid after that date.  The construction may 
 be completed according to the building permit, unless the 
 building official determines that life or property is in 
 jeopardy.  

    HIST: 1984 c 544 s 73 

     16B.685 Annual report. 

    Beginning with the first report filed by April 1, 2003, 
 each municipality shall annually report by April 1 to the 
 department, in a format prescribed by the department, all 
 construction and development-related fees collected by the 
 municipality from developers, builders, and subcontractors.  The 
 report must include: 

    (1) the number and valuation of units for which fees were 
 paid; 

    (2) the amount of building permit fees, plan review fees, 
 administrative fees, engineering fees, infrastructure fees, and 
 other construction and development-related fees; and 

    (3) the expenses associated with the municipal activities 
 for which fees were collected. 

    HIST: 2001 c 207 s 6 

     16B.69 Violation, penalty. 

    A violation of the code is a misdemeanor.  

    HIST: 1984 c 544 s 74 

     16B.70 Surcharge. 

    Subdivision 1.    Computation.  To defray the costs of 
 administering sections 16B.59 to 16B.75, a surcharge is imposed 
 on all permits issued by municipalities in connection with the 
 construction of or addition or alteration to buildings and 
 equipment or appurtenances after June 30, 1971, as follows:  

    If the fee for the permit issued is fixed in amount the 
 surcharge is equivalent to one-half mill (.0005) of the fee or 
 50 cents, whichever amount is greater.  For all other permits, 
 the surcharge is as follows: 

    (1) if the valuation of the structure, addition, or 
 alteration is $1,000,000 or less, the surcharge is equivalent to 
 one-half mill (.0005) of the valuation of the structure, 
 addition, or alteration; 

    (2) if the valuation is greater than $1,000,000, the 
 surcharge is $500 plus two-fifths mill (.0004) of the value 
 between $1,000,000 and $2,000,000; 

    (3) if the valuation is greater than $2,000,000, the 
 surcharge is $900 plus three-tenths mill (.0003) of the value 
 between $2,000,000 and $3,000,000; 

    (4) if the valuation is greater than $3,000,000, the 
 surcharge is $1,200 plus one-fifth mill (.0002) of the value 
 between $3,000,000 and $4,000,000; 

    (5) if the valuation is greater than $4,000,000, the 
 surcharge is $1,400 plus one-tenth mill (.0001) of the value 
 between $4,000,000 and $5,000,000; and 

    (6) if the valuation exceeds $5,000,000, the surcharge is 
 $1,500 plus one-twentieth mill (.00005) of the value that 
 exceeds $5,000,000.  

    Subd. 2.    Collection and reports.  All permit 
 surcharges must be collected by each municipality and a portion 
 of them remitted to the state.  Each municipality having a 
 population greater than 20,000 people shall prepare and submit 
 to the commissioner once a month a report of fees and surcharges 
 on fees collected during the previous month but shall retain the 
 greater of two percent or that amount collected up to $25 to 
 apply against the administrative expenses the municipality 
 incurs in collecting the surcharges.  All other municipalities 
 shall submit the report and surcharges on fees once a quarter 
 but shall retain the greater of four percent or that amount 
 collected up to $25 to apply against the administrative expenses 
 the municipalities incur in collecting the surcharges.  The 
 report, which must be in a form prescribed by the commissioner, 
 must be submitted together with a remittance covering the 
 surcharges collected by the 15th day following the month or 
 quarter in which the surcharges are collected.  All money 
 collected by the commissioner through surcharges and other fees 
 prescribed by sections 16B.59 to 16B.75 shall be deposited in 
 the state government special revenue fund and is appropriated to 
 the commissioner for the purpose of administering and enforcing 
 the State Building Code under sections 16B.59 to 16B.75. 

    Subd. 3.    Revenue to equal costs.  Revenue received 
 from the surcharge imposed in subdivision 1 should approximately 
 equal the cost, including the overhead cost, of administering 
 sections 16B.59 to 16B.75.  By November 30 each year, the 
 commissioner must report to the commissioner of finance and to 
 the legislature on changes in the surcharge imposed in 
 subdivision 1 needed to comply with this policy.  In making this 
 report, the commissioner must assume that the services 
 associated with administering sections 16B.59 to 16B.75 will 
 continue to be provided at the same level provided during the 
 fiscal year in which the report is made. 

    HIST: 1984 c 544 s 75; 1Sp1985 c 13 s 127; 1989 c 303 s 1; 
 1989 c 335 art 4 s 11; 1991 c 2 art 7 s 5; 1994 c 634 art 2 s 7; 
 1995 c 254 art 2 s 13; 1997 c 202 art 2 s 26; 1Sp2001 c 10 art 2 
 s 31 

     16B.71 Permit fees, to whom applicable. 

    Municipal building officials shall administer and enforce 
 the State Building Code with respect to all subject structures 
 constructed within their jurisdiction, including all buildings 
 constructed by municipalities other than the state, as defined 
 in section 16B.60, and the University of Minnesota.  These 
 governmental bodies shall pay the building permit fees and 
 surcharges that the inspecting municipality customarily imposes 
 for its administration and enforcement of the code. 

    HIST: 1984 c 544 s 76; 1987 c 387 s 4 

     16B.72 Referenda on State Building Code in 
  nonmetropolitan counties. 

    Notwithstanding any other provision of law to the contrary, 
 a county that is not a metropolitan county as defined by section 
 473.121, subdivision 4, may provide, by a vote of the majority 
 of its electors residing outside of municipalities that have 
 adopted the State Building Code before January 1, 1977, that no 
 part of the State Building Code except the building requirements 
 for handicapped persons, the requirements for bleacher safety, 
 and the requirements for elevator safety applies within its 
 jurisdiction.  

    The county board may submit to the voters at a regular or 
 special election the question of adopting the building code.  
 The county board shall submit the question to the voters if it 
 receives a petition for the question signed by a number of 
 voters equal to at least five percent of those voting in the 
 last general election.  The question on the ballot must be 
 stated substantially as follows:  

    "Shall the State Building Code be adopted in .......... 
 County?"  

    If the majority of the votes cast on the proposition is in 
 the negative, the State Building Code does not apply in the 
 subject county, outside home rule charter or statutory cities or 
 towns that adopted the building code before January 1, 1977, 
 except the building requirements for handicapped persons, the 
 requirements for bleacher safety, and the requirements for 
 elevator safety do apply.  

    Nothing in this section precludes a municipality or town 
 that has not adopted the State Building Code from adopting and 
 enforcing by ordinance or other legal means the State Building 
 Code within its jurisdiction.  

    HIST: 1984 c 544 s 77; 1994 c 634 art 2 s 8; 1995 c 166 s 3; 
 1997 c 206 s 7; 1998 c 359 s 13; 1999 c 250 art 1 s 63 

     16B.73 State Building Code in municipalities under 
  2,500; local option. 

    The governing body of a municipality whose population is 
 less than 2,500 may provide that the State Building Code, except 
 the requirements for handicapped persons, the requirements for 
 bleacher safety, and the requirements for elevator safety, will 
 not apply within the jurisdiction of the municipality, if the 
 municipality is located in whole or in part within a county 
 exempted from its application under section 16B.72.  If more 
 than one municipality has jurisdiction over an area, the State 
 Building Code continues to apply unless all municipalities 
 having jurisdiction over the area have provided that the State 
 Building Code, except the requirements for handicapped persons, 
 the requirements for bleacher safety, and the requirements for 
 elevator safety, does not apply within their respective 
 jurisdictions.  Nothing in this section precludes a municipality 
 or town from adopting and enforcing by ordinance or other legal 
 means the State Building Code within its jurisdiction. 

    HIST: 1984 c 544 s 78; 1994 c 634 art 2 s 9; 1995 c 166 s 4; 
 1997 c 206 s 8; 1999 c 250 art 1 s 64 

     16B.735 Enforcement of requirements for handicapped 
  persons. 

    A statutory or home rule charter city that is not covered 
 by the State Building Code because of action taken under section 
 16B.72 or 16B.73 is responsible for enforcement in the city of 
 the State Building Code's requirements for handicapped persons.  
 In all other areas where the State Building Code does not apply 
 because of action taken under section 16B.72 or 16B.73, the 
 county is responsible for enforcement of those requirements. 

    HIST: 1998 c 359 s 14 

     16B.74 Definitions. 

    Subdivision 1.  As used in sections 16B.74 to 16B.746 the 
 terms "passenger or freight elevator," "automatic operation" and 
 "continuous pressure operation" shall have the following 
 meanings.  

    Subd. 2.    Passenger or freight elevator.  "Passenger 
 or freight elevator" means all elevators except those that 
 comply with the safety rules of the department of administration 
 relating to construction and installation and that have 
 automatic operation or continuous pressure operation.  

    Subd. 3.  Automatic operation shall mean operation wherein 
 the starting of the elevator car is effected in response to 
 momentary actuation of operating devices at the landing or of 
 operating devices in the car identified with the landings, or 
 both, or in response to an automatic starting mechanism and 
 wherein the car is stopped automatically at the landings.  

    Subd. 4.  Continuous pressure operation shall mean 
 operation by means of buttons or switches in the car and at the 
 landing, any one of which may be used to control the movement of 
 the car as long as the button or switch is manually maintained 
 in the actuating position.  

    Subd. 5.    Elevator.  As used in this chapter, 
 "elevator" means moving walks and vertical transportation 
 devices such as escalators, passenger elevators, freight 
 elevators, dumbwaiters, handpowered elevators, endless belt 
 lifts, and wheelchair platform lifts, but does not include 
 external temporary material lifts or temporary construction 
 personnel elevators at sites of construction of new or remodeled 
 buildings. 

    Subd. 6.    Municipality.  "Municipality," as used in 
 sections 16B.74 to 16B.748, means a city, county, or town 
 meeting the requirements of section 368.01, subdivision 1. 

    HIST: 1955 c 561 s 1; Ex1967 c 1 s 6; 1985 c 248 s 70; 1989 c 
 303 s 5,6; 1995 c 166 s 5,6,17 

     16B.741 Elevator available for inspection. 

    A person, firm, entity, or corporation that owns or 
 controls a building or other structure housing an elevator that 
 is subject to inspection by the department, shall, upon request, 
 provide access at a reasonable hour to the elevator for purposes 
 of inspection. 

    HIST: 1989 c 303 s 4; 1995 c 166 s 17 

     16B.742 Elevator operators. 

    The owner, manager, or lessee of any building in which 
 there is installed a passenger or freight elevator, as 
 hereinafter defined, shall designate a competent person or 
 competent persons regularly to operate such elevator; provided, 
 however, that any such owner, manager or lessee may arrange with 
 one or more tenants of such building to designate one or more of 
 their employees regularly to operate such elevator.  No person 
 not so designated shall operate any such elevator and no person 
 shall employ or permit a person not so designated to operate any 
 such elevator.  The foregoing prohibitions shall not apply 
 during any period of time when any such elevator is being 
 constructed, installed, inspected, repaired or maintained.  

    HIST: 1955 c 561 s 1; 1986 c 444; 1995 c 166 s 17 

     16B.743 Licensing authorities. 

    Any municipality may by ordinance establish a licensing 
 authority with jurisdiction over all passenger and freight 
 elevators within such municipality, fix the initial and renewal 
 fee for, and the period of duration of, licenses to operate such 
 elevators, and setting forth the requirements for applicants for 
 and the terms and conditions of licenses to operate such 
 elevators.  

    HIST: 1955 c 561 s 2; 1973 c 123 art 5 s 7; 1995 c 166 s 7,17 

     16B.744 Elevators, entrances sealed. 

    It shall be the duty of the department of administration 
 and the licensing authority of any municipality which adopts any 
 such ordinance whenever it finds any such elevator under its 
 jurisdiction in use in violation of any provision of sections 
 16B.74 to 16B.745 to seal the entrances of such elevator and 
 attach a notice forbidding the use of such elevator until the 
 provisions thereof are complied with.  

    HIST: 1955 c 561 s 3; Ex1967 c 1 s 6; 1973 c 123 art 5 s 7; 
 1995 c 166 s 8,17 

     16B.745 Violations, penalties. 

    Subdivision 1.    Removal of seal.  No person, firm, or 
 corporation may remove any seal or notice forbidding the use of 
 an elevator, except by authority of the department of 
 administration or the licensing authority having jurisdiction 
 over the elevator, or operate an elevator after a notice has 
 been attached forbidding its use, unless the notice has been 
 removed by authority of the department of administration or the 
 licensing authority having jurisdiction over the elevator.  

    Subd. 2.    False certification.  No inspector, or other 
 party authorized by this section or by rule to inspect 
 elevators, may falsely certify the safety of an elevator, or 
 grant a license or permit contrary to any provision of this 
 chapter. 

    Subd. 3.    Minimum requirements.  No person, firm, or 
 corporation may construct, install, alter, remove, or repair an 
 elevator that does not meet the minimum requirements of this 
 chapter, adopted rules, or national codes adopted by rule. 
 Notwithstanding any provision of rule or national code adopted 
 by rule to the contrary, however, a stairway chair lift that is 
 not hard-wired to the building's electrical system, but is 
 instead plugged into an electrical outlet, may be installed in a 
 private residence for the use of its occupants. 

    Subd. 4.    Penalties.  The commissioner of 
 administration shall administer sections 16B.74 to 16B.749.  In 
 addition to the remedies provided for violations of this 
 chapter, the commissioner may impose a penalty of up to $1,000 
 for a violation of any provision of sections 16B.74 to 16B.749. 

    HIST: 1955 c 561 s 4; Ex1967 c 1 s 6; 1989 c 303 s 7; 1995 c 
 166 s 9-11,17; 1999 c 185 s 2 

     16B.746 Licenses for operators. 

    In the event an operator is employed to operate an 
 automatic elevator or continuous pressure elevator as provided 
 in sections 16B.74 to 16B.745, such operator shall be duly 
 licensed as provided in sections 16B.74 to 16B.745.  

    HIST: 1955 c 561 s 5; 1995 c 166 s 17 

     16B.747 Fees for licensure and inspection. 

    Subdivision 1.    Permits.  No person, firm, or 
 corporation may construct, install, alter, or remove an elevator 
 without first filing an application for a permit with the 
 department of administration or a municipality authorized by 
 subdivision 3 to inspect elevators.  Upon successfully 
 completing inspection and the payment of the appropriate fee, 
 the owner must be granted an operating permit for the elevator. 

    Subd. 2.    Contractor licenses.  The commissioner may 
 establish criteria for the qualifications of elevator 
 contractors and issue licenses based upon proof of the 
 applicant's qualifications.  

    Subd. 3.    Permissive municipal regulation.  A 
 municipality may conduct a system of elevator inspection in 
 conformity with this chapter, State Building Code requirements, 
 and adopted rules that includes the inspection of elevator 
 installation, repair, alteration, and removal, construction, and 
 the routine and periodic inspection and testing of existing 
 elevators.  The municipality shall employ inspectors meeting the 
 minimum requirements established by Minnesota Rules to perform 
 the inspections and to witness the tests.  A municipality may 
 establish and retain its own fees for inspection of elevators 
 and related devices in its jurisdiction.  A municipality may not 
 adopt standards that do not conform to the uniform standards 
 prescribed by the department. 

    If the commissioner determines that a municipality is not 
 properly administering and enforcing the law, rules, and codes, 
 the commissioner shall have the inspection, administration, and 
 enforcement undertaken by a qualified inspector employed by the 
 department. 

    Subd. 4.    Deposit of fees.  Fees received under this 
 section must be deposited in the state treasury and credited to 
 the special revenue fund. 

    HIST: 1989 c 303 s 8; 1995 c 166 s 12,13,17; 1997 c 206 s 9 

     16B.748 Rules. 

    The commissioner may adopt rules for the following purposes:

    (1) to establish minimum qualifications for elevator 
 inspectors that must include possession of a current elevator 
 constructor electrician's license issued by the state board of 
 electricity and proof of successful completion of the national 
 elevator industry education program examination or equivalent 
 experience; 

    (2) to establish criteria for the qualifications of 
 elevator contractors; 

    (3) to establish elevator standards under sections 16B.61, 
 subdivisions 1 and 2, and 16B.64; 

    (4) to establish procedures for appeals of decisions of the 
 commissioner under chapter 14 and procedures allowing the 
 commissioner, before issuing a decision, to seek advice from the 
 elevator trade, building owners or managers, and others 
 knowledgeable in the installation, construction, and repair of 
 elevators; and 

    (5) to establish requirements for the registration of all 
 elevators. 

    HIST: 1989 c 303 s 9; 1995 c 166 s 14,17; 1996 c 305 art 3 s 
 1; 1999 c 250 art 3 s 3 

*   NOTE:  The amendment to this section by Laws 1999, chapter 
*250, article 3, section 3, is effective July 1, 2001.  Laws 
*1999, chapter 250, article 3, section 29.

*   NOTE:  Laws 1999, chapter 250, article 3, does not repeal 
*rules or fees in effect on June 30, 2001.  Laws 2000, chapter 
*488, article 12, section 23.

     16B.749 Conflict of laws. 

    Nothing in sections 16B.74 to 16B.749 supersedes the 
 Minnesota Electrical Act in chapter 326. 

    HIST: 1995 c 166 s 15,17 

     16B.75 Interstate Compact on Industrialized/Modular 
  Buildings. 

    The state of Minnesota ratifies and approves the following 
 compact: 

      INTERSTATE COMPACT ON INDUSTRIALIZED/MODULAR BUILDINGS 
                            ARTICLE I
               FINDINGS AND DECLARATIONS OF POLICY

    (1) The compacting states find that: 

    (a) Industrialized/modular buildings are constructed in 
 factories in the various states and are a growing segment of the 
 nation's affordable housing and commercial building stock. 

    (b) The regulation of industrialized/modular buildings 
 varies from state to state and locality to locality, which 
 creates confusion and burdens state and local building officials 
 and the industrialized/modular building industry. 

    (c) Regulation by multiple jurisdictions imposes additional 
 costs, which are ultimately borne by the owners and users of 
 industrialized/modular buildings, restricts market access and 
 discourages the development and incorporation of new 
 technologies. 

    (2) It is the policy of each of the compacting states to: 

    (a) Provide the states which regulate the design and 
 construction of industrialized/modular buildings with a program 
 to coordinate and uniformly adopt and administer the states' 
 rules and regulations for such buildings, all in a manner to 
 assure interstate reciprocity. 

    (b) Provide to the United States Congress assurances that 
 would preclude the need for a voluntary preemptive federal 
 regulatory system for modular housing, as outlined in Section 
 572 of the Housing and Community Development Act of 1987, 
 including development of model standards for modular housing 
 construction, such that design and performance will insure 
 quality, durability and safety; will be in accordance with 
 life-cycle cost-effective energy conservation standards; all to 
 promote the lowest total construction and operating costs over 
 the life of such housing. 

                            ARTICLE II 
                           DEFINITIONS

    As used in this compact, unless the context clearly 
 requires otherwise: 

    (1) "Commission" means the interstate 
 industrialized/modular buildings commission. 

    (2) "Industrialized/modular building" means any building 
 which is of closed construction, i.e. constructed in such a 
 manner that concealed parts or processes of manufacture cannot 
 be inspected at the site, without disassembly, damage or 
 destruction, and which is made or assembled in manufacturing 
 facilities, off the building site, for installation, or assembly 
 and installation, on the building site.  "Industrialized/modular 
 building" includes, but is not limited to, modular housing which 
 is factory-built single-family and multifamily housing 
 (including closed wall panelized housing) and other modular, 
 nonresidential buildings.  "Industrialized/modular building" 
 does not include any structure subject to the requirements of 
 the National Manufactured Home Construction and Safety Standards 
 Act of 1974. 

    (3) "Interim reciprocal agreement" means a formal 
 reciprocity agreement between a noncompacting state wherein the 
 noncompacting state agrees that labels evidencing compliance 
 with the model rules and regulations for industrialized/modular 
 buildings, as authorized in Article VIII, section (9), shall be 
 accepted by the state and its subdivisions to permit 
 installation and use of industrialized/modular buildings.  
 Further, the noncompacting state agrees that by legislation or 
 regulation, and appropriate enforcement by uniform 
 administrative procedures, the noncompacting state requires all 
 industrialized/modular building manufacturers within that state 
 to comply with the model rules and regulations for 
 industrialized/modular buildings. 

    (4) "State" means a state of the United States, territory 
 or possession of the United States, the District of Columbia, or 
 the Commonwealth of Puerto Rico. 

    (5) "Uniform administrative procedures" means the 
 procedures adopted by the commission (after consideration of any 
 recommendations from the rules development committee) which 
 state and local officials, and other parties, in one state, will 
 utilize to assure state and local officials, and other parties, 
 in other states, of the substantial compliance of 
 industrialized/modular building construction with the 
 construction standard of requirements of such other states; to 
 assess the adequacy of building systems; and to verify and 
 assure the competency and performance of evaluation and 
 inspection agencies. 

    (6) "Model rules and regulations for industrialized/modular 
 buildings" means the construction standards adopted by the 
 commission (after consideration of any recommendations from the 
 rules development committee) which govern the design, 
 manufacture, handling, storage, delivery and installation of 
 industrialized/modular buildings and building components.  The 
 construction standards and any amendments thereof shall conform 
 insofar as practicable to model building codes and referenced 
 standards generally accepted and in use throughout the United 
 States. 

                           ARTICLE III 
                      CREATION OF COMMISSION

    The compacting states hereby create the Interstate 
 Industrialized/Modular Buildings Commission, hereinafter called 
 commission.  Said commission shall be a body corporate of each 
 compacting state and an agency thereof.  The commission shall 
 have all the powers and duties set forth herein and such 
 additional powers as may be conferred upon it by subsequent 
 action of the respective legislatures of the compacting states. 

                            ARTICLE IV 
                    SELECTION OF COMMISSIONERS

    The commission shall be selected as follows.  As each state 
 becomes a compacting state, one resident shall be appointed as 
 commissioner.  The commissioner shall be selected by the 
 governor of the compacting state, being designated from the 
 state agency charged with regulating industrialized/modular 
 buildings or, if such state agency does not exist, being 
 designated from among those building officials with the most 
 appropriate responsibilities in the state.  The commissioner may 
 designate another official as an alternate to act on behalf of 
 the commissioner at commission meetings which the commissioner 
 is unable to attend. 

    Each state commissioner shall be appointed, suspended, or 
 removed and shall serve subject to and in accordance with the 
 laws of the state which said commissioner represents; and each 
 vacancy occurring shall be filled in accordance with the laws of 
 the state wherein the vacancy exists. 

    For every three state commissioners that have been 
 appointed in the manner described, those state commissioners 
 shall select one additional commissioner who shall be a 
 representative of manufacturers of residential- or 
 commercial-use industrialized/modular buildings.  For every six 
 state commissioners that have been appointed in the manner 
 described, the state commissioners shall select one additional 
 commissioner who shall be a representative of consumers of 
 industrialized/modular buildings.  In the event states withdraw 
 from the compact or, for any other reason, the number of state 
 commissioners is reduced, the state commissioners shall remove 
 the last added representative commissioner as necessary to 
 maintain the ratio of state commissioners to representative 
 commissioners described herein. 

    Upon a majority vote of the state commissioners, the state 
 commissioners may remove, fill a vacancy created by, or replace 
 any representative commissioner, provided that any replacement 
 is made from the same representative group and the ratio 
 described herein is maintained.  Unless provided otherwise, the 
 representative commissioners have the same authority and 
 responsibility as the state commissioners. 

    In addition, the commission may have as a member one 
 commissioner representing the United States government if 
 federal law authorizes such representation.  Such commissioner 
 shall not vote on matters before the commission.  Such 
 commissioner shall be appointed by the President of the United 
 States, or in such other manner as may be provided by Congress. 

                            ARTICLE V 
                              VOTING

    Each commissioner (except the commissioner representing the 
 United States government) shall be entitled to one vote on the 
 commission.  A majority of the commissioners shall constitute a 
 quorum for the transaction of business.  Any business transacted 
 at any meeting of the commission must be by affirmative vote of 
 a majority of the quorum present and voting. 

                            ARTICLE VI 
                   ORGANIZATION AND MANAGEMENT

    The commission shall elect annually, from among its 
 members, a chairman, a vice chairman and a treasurer.  The 
 commission shall also select a secretariat, which shall provide 
 an individual who shall serve as secretary of the commission. 
 The commission shall fix and determine the duties and 
 compensation of the secretariat.  The commissioners shall serve 
 without compensation, but shall be reimbursed for their actual 
 and necessary expenses from the funds of the commission. 

    The commission shall adopt a seal. 

    The commission shall adopt bylaws, rules, and regulations 
 for the conduct of its business, and shall have the power to 
 amend and rescind these bylaws, rules, and regulations. 

    The commission shall establish and maintain an office at 
 the same location as the office maintained by the secretariat 
 for the transaction of its business and may meet at any time, 
 but in any event must meet at least once a year.  The chairman 
 may call additional meetings and upon the request of a majority 
 of the commissioners of three or more of the compacting states 
 shall call an additional meeting.  

    The commission annually shall make the governor and 
 legislature of each compacting state a report covering its 
 activities for the preceding year.  Any donation or grant 
 accepted by the commission or services borrowed shall be 
 reported in the annual report of the commission and shall 
 include the nature, amount and conditions, if any, of the 
 donation, gift, grant or services borrowed and the identity of 
 the donor or lender.  The commission may make additional reports 
 as it may deem desirable. 

                           ARTICLE VII 
                            COMMITTEES

    The commission will establish such committees as it deems 
 necessary, including, but not limited to, the following: 

    (1) An executive committee which functions when the full 
 commission is not meeting, as provided in the bylaws of the 
 commission.  The executive committee will ensure that proper 
 procedures are followed in implementing the commission's 
 programs and in carrying out the activities of the compact.  The 
 executive committee shall be elected by vote of the commission.  
 It shall be comprised of at least three and no more than nine 
 commissioners, selected from the state commissioners and one 
 member of the industry commissioners and one member of the 
 consumer commissioners. 

    (2) A rules development committee appointed by the 
 commission.  The committee shall be consensus-based and consist 
 of not less than seven nor more than 21 members.  Committee 
 members will include state building regulatory officials; 
 manufacturers of industrialized/modular buildings; private, 
 third-party inspection agencies; and consumers.  This committee 
 may recommend procedures which state and local officials, and 
 other parties, in one state, may utilize to assure state and 
 local officials, and other parties, in other states, of the 
 substantial compliance of industrialized/modular building 
 construction with the construction standard requirements of such 
 other states; to assess the adequacy of building systems; and to 
 verify and assure the competency and performance of evaluation 
 and inspection agencies.  This committee may also recommend 
 construction standards for the design, manufacture, handling, 
 storage, delivery and installation of industrialized/modular 
 buildings and building components.  The committee will submit 
 its recommendations to the commission, for the commission's 
 consideration in adopting and amending the uniform 
 administrative procedures and the model rules and regulations 
 for industrialized/modular buildings.  The committee may also 
 review the regulatory programs of the compacting states to 
 determine whether those programs are consistent with the uniform 
 administrative procedures or the model rules and regulations for 
 industrialized/modular buildings and may make recommendations 
 concerning the states' programs to the commission.  In carrying 
 out its functions, the rules committee may conduct public 
 hearings and otherwise solicit public input and comment. 

    (3) Any other advisory, coordinating or technical 
 committees, membership on which may include private persons, 
 public officials, associations or organizations.  Such 
 committees may consider any matter of concern to the commission. 

    (4) Such additional committees as the commission's bylaws 
 may provide. 

                           ARTICLE VIII 
                       POWER AND AUTHORITY

    In addition to the powers conferred elsewhere in this 
 compact, the commission shall have power to: 

    (1) Collect, analyze and disseminate information relating 
 to industrialized/modular buildings. 

    (2) Undertake studies of existing laws, codes, rules and 
 regulations, and administrative practices of the states relating 
 to industrialized/modular buildings. 

    (3) Assist and support committees and organizations which 
 promulgate, maintain and update model codes or recommendations 
 for uniform administrative procedures or model rules and 
 regulations for industrialized/modular buildings. 

    (4) Adopt and amend uniform administrative procedures and 
 model rules and regulations for industrialized/modular buildings.

    (5) Make recommendations to compacting states for the 
 purpose of bringing such states' laws, codes, rules and 
 regulations and administrative practices into conformance with 
 the uniform administrative procedures or the model rules and 
 regulations for industrialized/modular buildings, provided that 
 such recommendations shall be made to the appropriate state 
 agency with due consideration for the desirability of uniformity 
 while also giving appropriate consideration to special 
 circumstances which may justify variations necessary to meet 
 unique local conditions. 

    (6) Assist and support the compacting states with 
 monitoring of plan review programs and inspection programs, 
 which will assure that the compacting states have the benefit of 
 uniform industrialized/modular building plan review and 
 inspection programs. 

    (7) Assist and support organizations which train state and 
 local government and other program personnel in the use of 
 uniform industrialized/modular building plan review and 
 inspection programs. 

    (8) Encourage and promote coordination of state regulatory 
 action relating to manufacturers, public or private inspection 
 programs. 

    (9) Create and sell labels to be affixed to 
 industrialized/modular building units, constructed in or 
 regulated by compacting states, where such labels will evidence 
 compliance with the model rules and regulations for 
 industrialized/modular buildings, enforced in accordance with 
 the uniform administrative procedures.  The commission may use 
 receipts from the sale of labels to help defray the operating 
 expenses of the commission. 

    (10) Assist and support compacting states' investigations 
 into and resolutions of consumer complaints which relate to 
 industrialized/modular buildings constructed in one compacting 
 state and sited in another compacting state. 

    (11) Borrow, accept or contract for the services of 
 personnel from any state or the United States or any subdivision 
 or agency thereof, from any interstate agency, or from any 
 institution, association, person, firm or corporation. 

    (12) Accept for any of its purposes and functions under 
 this compact any and all donations, and grants of money, 
 equipment, supplies, materials and services (conditional or 
 otherwise) from any state or the United States or any 
 subdivision or agency thereof, from any interstate agency, or 
 from any institution, person, firm or corporation, and may 
 receive, utilize and dispose of the same. 

    (13) Establish and maintain such facilities as may be 
 necessary for the transacting of its business.  The commission 
 may acquire, hold, and convey real and personal property and any 
 interest therein. 

    (14) Enter into contracts and agreements, including but not 
 limited to, interim reciprocal agreements with noncompacting 
 states. 

                            ARTICLE IX 
                             FINANCE

    The commission shall submit to the governor or designated 
 officer or officers of each compacting state a budget of its 
 estimated expenditures for such period as may be required by the 
 laws of that state for presentation to the legislature thereof. 

    Each of the commission's budgets of estimated expenditures 
 shall contain specific recommendations of the amounts to be 
 appropriated by each of the compacting states.  The total amount 
 of appropriations requested under any such budget shall be 
 apportioned among the compacting states as follows:  one-half in 
 equal shares; one-fourth among the compacting states in 
 accordance with the ratio of their populations to the total 
 population of the compacting states, based on the last decennial 
 federal census; and one-fourth among the compacting states in 
 accordance with the ratio of industrialized/modular building 
 units manufactured in each state to the total of all units 
 manufactured in all of the compacting states. 

    The commission shall not pledge the credit of any 
 compacting state.  The commission may meet any of its 
 obligations in whole or in part with funds available to it by 
 donations, grants, or sale of labels:  provided that the 
 commission takes specific action setting aside such funds prior 
 to incurring any obligation to be met in whole or in part in 
 such manner.  Except where the commission makes use of funds 
 available to it by donations, grants or sale of labels, the 
 commission shall not incur any obligation prior to the allotment 
 of funds by the compacting states adequate to meet the same. 

    The commission shall keep accurate accounts of all receipts 
 and disbursements.  The receipts and disbursements of the 
 commission shall be subject to the audit and accounting 
 procedures established under its bylaws.  All receipts and 
 disbursements of funds handled by the commission shall be 
 audited yearly by a certified or licensed public accountant and 
 the report of the audit shall be included in and become part of 
 the annual report of the commission. 

    The accounts of the commission shall be open at any 
 reasonable time for inspection by duly constituted officers of 
 the compacting states and any person authorized by the 
 commission. 

    Nothing contained in this article shall be construed to 
 prevent commission compliance relating to audit or inspection of 
 accounts by or on behalf of any government contributing to the 
 support of the commission. 

                            ARTICLE X 
                 ENTRY INTO FORCE AND WITHDRAWAL

    This compact shall enter into force when enacted into law 
 by any three states.  Thereafter, this compact shall become 
 effective as to any other state upon its enactment thereof.  The 
 commission shall arrange for notification of all compacting 
 states whenever there is a new enactment of the compact. 

    Any compacting state may withdraw from this compact by 
 enacting a statute repealing the same.  No withdrawal shall 
 affect any liability already incurred by or chargeable to a 
 compacting state prior to the time of such withdrawal. 

                            ARTICLE XI 
                            RECIPROCITY 

    If the commission determines that the standards for 
 industrialized/modular buildings prescribed by statute, rule or 
 regulation of compacting state are at least equal to the 
 commission's model rules and regulations for 
 industrialized/modular buildings, and that such state standards 
 are enforced by the compacting state in accordance with the 
 uniform administrative procedures, industrialized/modular 
 buildings approved by such a compacting state shall be deemed to 
 have been approved by all the compacting states for placement in 
 those states in accordance with procedures prescribed by the 
 commission. 

                           ARTICLE XII 
               EFFECT ON OTHER LAWS AND JURISDICTION 

    Nothing in this compact shall be construed to: 

    (1) Withdraw or limit the jurisdiction of any state or 
 local court or administrative officer or body with respect to 
 any person, corporation or other entity or subject matter, 
 except to the extent that such jurisdiction pursuant to this 
 compact, is expressly conferred upon another agency or body. 

    (2) Supersede or limit the jurisdiction of any court of the 
 United States. 

                           ARTICLE XIII 
                   CONSTRUCTION AND SEVERABILITY 

    This compact shall be liberally construed so as to 
 effectuate the purposes thereof.  The provisions of this compact 
 shall be severable and if any phrase, clause, sentence or 
 provision of this compact is declared to be contrary to the 
 constitution of any state or of the United States or the 
 applicability thereof to any government, agency, person or 
 circumstances is held invalid, the validity of the remainder of 
 this compact and the applicability thereof to any government, 
 agency, person or circumstance shall not be affected thereby.  
 If this compact shall be held contrary to the constitution of 
 any state participating therein, the compact shall remain in 
 full force and effect as to the remaining party states and in 
 full force and effect as to the state affected as to all 
 severable matters. 

    HIST: 1990 c 458 s 2; 1995 c 254 art 4 s 1 

     16B.76 Construction codes advisory council. 

    Subdivision 1.    Membership.  (a) The construction 
 codes advisory council consists of the following members: 

    (1) the commissioner of administration or the 
 commissioner's designee representing the department's building 
 codes and standards division; 

    (2) the commissioner of health or the commissioner's 
 designee representing an environmental health section of the 
 department; 

    (3) the commissioner of public safety or the commissioner's 
 designee representing the department's state fire marshal 
 division; 

    (4) the commissioner of commerce or the commissioner's 
 designee representing the department's state energy office; and 

    (5) one member representing each of the following 
 occupations or entities, appointed by the commissioner of 
 administration: 

    (i) a certified building official; 

    (ii) a fire service representative; 

    (iii) a licensed architect; 

    (iv) a licensed engineer; 

    (v) a building owners and managers representative; 

    (vi) a licensed residential building contractor; 

    (vii) a commercial building contractor; 

    (viii) a heating and ventilation contractor; 

    (ix) a plumbing contractor; 

    (x) a representative of a construction and building trades 
 union; and 

    (xi) a local unit of government representative. 

    (b) For members who are not state officials or employees, 
 terms, compensation, removal, and the filling of vacancies are 
 governed by section 15.059.  The council shall select one of its 
 members to serve as chair. 

    (c) The council expires June 30, 2003. 

    Subd. 2.    Duties of council.  The council shall review 
 laws, codes, rules, standards, and licensing requirements 
 relating to building construction and may: 

    (1) recommend ways to eliminate inconsistencies, to 
 streamline construction regulation and construction processes, 
 and to improve procedures within and among jurisdictions; 

    (2) review and comment on current and proposed laws and 
 rules to promote coordination and consistency; 

    (3) advise agencies on possible changes in rules to make 
 them easier to understand and apply; and 

    (4) promote the coordination, within each jurisdiction, of 
 the administration and enforcement of construction codes. 

    The council shall report its findings and recommendations 
 to the commissioner of administration and the head of any other 
 affected agency by the end of each calendar year.  The council 
 may recommend changes in laws or rules governing building 
 construction.  The council may establish subcommittees to 
 facilitate its work.  If the council establishes subcommittees, 
 it shall include in their memberships representation from 
 entities and organizations expressing an interest in 
 membership.  The commissioner of administration shall maintain a 
 list of interested entities and organizations.  

    Subd. 3.    Agency cooperation.  State agencies and 
 local governmental units shall cooperate with the council and, 
 so far as possible, provide information or assistance to it upon 
 its request.  The commissioner of administration shall provide 
 necessary staff and administrative support to the council. 

    HIST: 1998 c 366 s 28; 2001 c 161 s 6; 2001 c 162 s 6; 1Sp2001 
 c 4 art 6 s 10 

     16B.85 Risk management. 

    Subdivision 1.    Alternatives to conventional insurance. 
  The commissioner may implement programs of insurance or 
 alternatives to the purchase of conventional insurance.  This 
 authority does not extend to areas of risk subject to:  (1) 
 collective bargaining agreements, (2) plans established under 
 section 43A.18, or (3) programs established under sections 
 176.5401 to 176.611, except for the department of 
 administration.  The mechanism for implementing possible 
 alternatives to conventional insurance is the risk management 
 fund created in subdivision 2. 

    Subd. 2.    Risk management fund.  (a) All state 
 agencies, political subdivisions, and the Minnesota state 
 colleges and universities, may, in cooperation with the 
 commissioner, participate in insurance programs and other 
 funding alternative programs provided by the risk management 
 fund. 

    (b) When an entity described in paragraph (a) enters into 
 an insurance or self-insurance program, each entity shall 
 contribute the appropriate share of its costs as determined by 
 the commissioner. 

    (c) The money in the fund to pay claims arising from state 
 activities and for administrative costs, including costs for the 
 adjustment and defense of the claims, is appropriated to the 
 commissioner. 

    (d) Interest earned from the investment of money in the 
 fund shall be credited to the fund and be available to the 
 commissioner for the expenditures authorized in this subdivision.

    (e) The fund is exempt from the provisions of section 
 16A.152, subdivision 4.  In the event that proceeds in the fund 
 are insufficient to pay outstanding claims and associated 
 administrative costs, the commissioner, in consultation with the 
 commissioner of finance, may assess entities participating in 
 the fund amounts sufficient to pay the costs.  The commissioner 
 shall determine the proportionate share of the assessment of 
 each entity. 

    Subd. 3.    Responsibilities.  The commissioner shall: 

    (1) review the state's exposure to various types of 
 potential risks in consultation with affected entities and 
 advise them as to the reduction of risk and fiscal management of 
 those losses; 

    (2) be responsible for statewide risk management 
 coordination, evaluation of funding and insuring alternatives, 
 and the approval of all insurance purchases in consultation with 
 affected entities; 

    (3) identify ways to eliminate redundant efforts in the 
 management of state risk management and insurance programs; 

    (4) maintain the state risk management information system; 
 and 

    (5) administer and maintain the state risk management fund. 

    Subd. 4.    Competitive bidding.  The commissioner may 
 request bids from insurance carriers or negotiate with insurance 
 carriers and may enter into contracts of insurance carriers that 
 in the judgment of the division are best qualified to underwrite 
 and service the insurance programs. 

    Subd. 5.    Risk management fund not considered insurance. 
  A state agency, including an entity defined as a part of the 
 state in section 3.732, subdivision 1, clause (1), may procure 
 insurance against liability of the agency and its employees for 
 damages resulting from the torts of the agency and its 
 employees.  The procurement of this insurance constitutes a 
 waiver of the limits of governmental liability under section 
 3.736, subdivisions 4 and 4a, only to the extent that valid and 
 collectible insurance, including where applicable, proceeds from 
 the Minnesota Guarantee Fund, exceeds those limits and covers 
 the claim.  Purchase of insurance has no other effect on the 
 liability of the agency and its employees.  Procurement of 
 commercial insurance, participation in the risk management fund 
 under this section, or provisions of an individual 
 self-insurance plan with or without a reserve fund or 
 reinsurance does not constitute a waiver of any governmental 
 immunities or exclusions. 

    HIST: 1986 c 455 s 3; 1988 c 613 s 18; 1992 c 513 art 4 s 32; 
 1993 c 192 s 111; 1994 c 634 art 1 s 17; 1996 c 398 s 21; 2001 c 
 162 s 7,8 

     16B.86 Productivity loan account. 

    The productivity loan account is a special account in the 
 state treasury.  Money in the account is appropriated to the 
 commissioner of administration to make loans to finance agency 
 projects that will result in either reduced operating costs or 
 increased revenues, or both, for a state agency. 

    HIST: 1987 c 365 s 16 

     16B.87 Award and repayment of productivity loans. 

    Subdivision 1.    Committee.  The productivity loan 
 committee consists of the commissioners of administration, 
 finance, revenue, and employee relations, and the state planning 
 director.  The commissioner of administration serves as chair of 
 the committee.  The members serve without compensation or 
 reimbursement for expenses. 

    Subd. 2.    Award and terms of loans.  An agency shall 
 apply for a loan on a form provided by the commissioner of 
 administration.  The committee shall review applications for 
 loans and shall award a loan based upon criteria adopted by the 
 committee.  The committee shall determine the amount, interest, 
 and other terms of the loan.  The time for repayment of a loan 
 may not exceed five years. 

    Subd. 3.    Repayment.  An agency receiving a loan under 
 this section shall repay the loan according to the terms of the 
 loan agreement.  The principal and interest must be paid to the 
 commissioner of administration who shall deposit it in the 
 productivity loan fund. 

    Subd. 4. Repealed, 1997 c 7 art 2 s 67 

    HIST: 1987 c 365 s 17 

     16B.875 Review by commissioner of administration. 

    The commissioner of administration shall review on a 
 regular basis the duties and responsibilities of the various 
 state departments, agencies and boards which have an operational 
 effect upon the safety of the public, and recommend to the 
 governor and the legislature such organizational and statutory 
 policies as will best serve the purposes of Laws 1969, Chapter 
 1129. 

    HIST: 1969 c 1129 art 1 s 1; 1976 c 5 s 1; 1977 c 305 s 35,36; 
 1981 c 356 s 248; 1982 c 424 s 130; 1983 c 289 s 115 subd 1; 
 1985 c 248 s 70; 1Sp1985 c 10 s 87; 1987 c 312 art 1 s 26 subd 
 2; 1993 c 163 art 1 s 29; 1995 c 248 art 11 s 21; 1998 c 366 s 
 68; 1999 c 238 art 2 s 69 

    16B.88 Subdivision 1. Renumbered 4.50 subd 1 

    Subd. 2. Renumbered 4.50 subd 2 

    Subd. 3. Renumbered 4.50 subd 3 

    Subd. 3a. Renumbered 4.50 subd 4 

    Subd. 4. Renumbered 4.50 subd 5 

    Subd. 5. Repealed, 1999 c 86 art 2 s 6 

    Subd. 6. Repealed, 1997 c 206 s 13 

  16B.89 Repealed, 1998 c 386 art 1 s 35 

  16B.92 Renumbered 4A.05 

     16B.93 Definitions. 

    Subdivision 1.    Applicability.  For purposes of 
 sections 16B.93 to 16B.96, the terms in this section have the 
 meanings given them. 

    Subd. 2.    Contractor.  "Contractor" means an 
 individual, business entity, or other private organization that 
 is awarded a contract by the commissioner to negotiate and 
 administer the price contracts for prescription drugs under 
 section 16B.94, subdivision 2. 

    Subd. 3.    Nongovernmental Pharmaceutical Contracting 
 Alliance or Nongovernmental Alliance.  "Nongovernmental 
 Pharmaceutical Contracting Alliance" or "Nongovernmental 
 Alliance" means the alliance established and administered by the 
 commissioner under the authority granted in section 16B.94. 

    Subd. 4.    Manufacturer.  "Manufacturer" means a 
 manufacturer as defined under section 151.44, paragraph (c). 

    Subd. 5.    Prescription drug.  "Prescription drug" 
 means a drug as defined in section 151.44, paragraph (d). 

    Subd. 6.    Purchaser.  "Purchaser" means a pharmacy as 
 defined in section 151.01, subdivision 2, including pharmacies 
 operated by health maintenance organizations and hospitals. 

    Subd. 7.    Seller.  "Seller" means a person, other than 
 a manufacturer, who sells or distributes drugs to purchasers or 
 other sellers within the state. 

    HIST: 1997 c 202 art 2 s 27 

     16B.94 Nongovernmental Pharmaceutical Contracting 
  Alliance. 

    Subdivision 1.    Establishment and administration.  The 
 commissioner, in consultation with appropriate experts on 
 pharmaceutical pricing, shall establish and administer a 
 Nongovernmental Pharmaceutical Contracting Alliance.  The 
 Nongovernmental Alliance shall negotiate contracts for 
 prescription drugs with manufacturers and sellers and shall make 
 the contract prices negotiated available to purchasers.  The 
 commissioner shall select the prescription drugs for which price 
 contracts are negotiated.  The commissioner shall, to the 
 greatest extent feasible, operate the alliance using the 
 administrative and contracting procedures of the Minnesota 
 Multistate Governmental Contracting Alliance for Pharmaceuticals 
 administered by the commissioner under the authority granted in 
 section 471.59.  The commissioner may negotiate a price 
 differential based on volume purchasing and may also grant 
 multiple awards. 

    Subd. 2.    Use of contractor.  The commissioner may 
 contract with an individual, business entity, or other private 
 organization to serve as a contractor to negotiate and 
 administer the price contracts for prescription drugs.  In 
 developing requirements for the contractor, the commissioner 
 shall consult with appropriate experts on pharmaceutical pricing.

    Subd. 3.    Administrative costs.  The commissioner may 
 charge manufacturers and sellers that enter into prescription 
 drug price contracts with the commissioner under subdivision 1 a 
 fee to cover the commissioner's expenses in negotiating and 
 administering the price contracts.  The fee established shall 
 have the force and effect of law if the requirements of section 
 14.386, paragraph (a), are met.  Section 14.386, paragraph (b), 
 does not apply.  Fees collected by the commissioner under this 
 subdivision must be deposited in the state treasury and credited 
 to a special account.  Money in the account is appropriated to 
 the commissioner to pay the costs of negotiating and 
 administering price contracts under this section. 

    Subd. 4.    Expansion to other states.  The commissioner 
 may expand the Nongovernmental Alliance to other states and make 
 the contract prices negotiated available to non-Minnesota 
 purchasers. 

    HIST: 1997 c 202 art 2 s 28 

     16B.95 State contract price. 

    Subdivision 1.    Manufacturer and seller requirement.  
 A manufacturer or seller that contracts with the commissioner 
 shall make the contract price negotiated available to all 
 purchasers.  

    Subd. 2.    Purchaser requirement.  The commissioner 
 shall require purchasers that purchase prescription drugs at the 
 contract price to pass at least 75 percent of the savings 
 resulting from purchases at the negotiated contract price to 
 consumers.  The commissioner may require a purchaser that plans 
 to purchase prescription drugs at the contract price negotiated 
 by the commissioner to submit any information regarding 
 prescription drug purchase projections the commissioner 
 determines is necessary for contract price negotiations. 

    HIST: 1997 c 202 art 2 s 29 

     16B.96 Nondiscrimination. 

    A health plan company, as defined in section 62Q.01, shall 
 not discriminate against a purchaser for taking advantage of the 
 contract price negotiated by the commissioner. 

    HIST: 1997 c 202 art 2 s 30