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Office of the Revisor of Statutes

Chapter 16B

Section 16B.24


Recent History

    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 15B.15, subdivision 2, and all other buildings,
cafeterias, and grounds in state-owned buildings in the Capitol Area under section 15B.02, the
state Department of Public Safety, Bureau of Criminal Apprehension building in St. Paul, the
state Department of Health building in Minneapolis, 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;
(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 15B.15,
subdivision 2
    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 Ways and Means 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) 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.
(d) 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, 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. Fifty percent of the money credited to the account each fiscal year must
be transferred to the general fund. The remaining 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. 5a. Veterans Service Building tenants. (a) The commissioner must assign quarters in
the Veterans Service Building to the Department of Veterans Affairs. Some of what is assigned, as
mutually determined with the commissioner of veterans affairs, must be on the first floor.
(b) The commissioner of administration must also assign space in the Veterans Service
Building to:
(1) the American Legion;
(2) Veterans of Foreign Wars;
(3) Disabled American Veterans;
(4) Military Order of the Purple Heart;
(5) Veterans of World War I;
(6) auxiliaries of the groups in clauses (1) to (5), if incorporated in Minnesota; and
(7) as space becomes available and as the commissioner of administration considers
desirable, other state departments and agencies.
    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 15B.02
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.
History: 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; 2003 c 17 s 2; 1Sp2003 c 1 art 2 s 39;
1Sp2003 c 8 art 1 s 2,3; 2004 c 255 s 1; 2004 c 284 art 2 s 7

Official Publication of the State of Minnesota
Revisor of Statutes