Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1990, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1990
CHAPTER 610-H.F.No. 2651
An act relating to public administration; authorizing
spending to acquire and to better public land and
buildings and other public improvements of a capital
nature with certain conditions; authorizing issuance
of state bonds; proposing an amendment to the
Minnesota Constitution, article XI, section 14;
clarifying legislative intent on certain matters;
creating new funds and accounts; requiring a
legislative study of capital needs; appropriating
money; amending Minnesota Statutes 1988, sections
16A.641, subdivision 6; 16A.672, by adding a
subdivision; 16B.16, by adding a subdivision; 16B.31,
by adding a subdivision; 41A.03, subdivision 5;
116O.12; 116P.04, subdivision 3; 136.31, subdivision
1; 136.62, by adding a subdivision; 136A.28,
subdivisions 3 and 7; 136A.35; 136C.04, subdivision 4;
136C.07, subdivision 5; Minnesota Statutes 1989
Supplement, sections 16A.631; 16A.641, subdivision 7;
16A.69, subdivision 1; 16B.335, subdivision 2;
136A.176; 136C.05, subdivision 5; 298.2211,
subdivision 4; 349A.10, subdivision 5; Laws 1979,
chapter 280, section 2, as amended; Laws 1989, chapter
329, article 5, section 21, subdivision 8; proposing
coding for new law in Minnesota Statutes, chapters
16A; and 462A; repealing Minnesota Statutes 1988,
sections 16A.651; 16A.661, subdivision 6; and 116P.04,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
Section 1. [CAPITAL IMPROVEMENTS APPROPRIATIONS.]
The sums in the column marked "APPROPRIATIONS" are
appropriated from the bond proceeds fund, or another named fund,
to the state agencies indicated, to be spent to acquire and to
better public land and buildings and other public improvements
of a capital nature, as specified in this act.
SUMMARY
TECHNICAL COLLEGES $ 25,362,000
COMMUNITY COLLEGES 50,500,000
STATE UNIVERSITIES 44,408,000
UNIVERSITY OF MINNESOTA 71,480,000
EDUCATION 27,793,000
JOBS AND TRAINING 750,000
VETERANS HOMES BOARD 1,750,000
HEALTH 1,376,000
CORRECTIONS 13,121,000
HUMAN SERVICES 22,675,000
TRANSPORTATION 21,734,000
PUBLIC SAFETY 545,000
BOARD OF WATER AND SOIL RESOURCES 2,395,000
MINNESOTA HISTORICAL SOCIETY 3,475,000
INDIAN AFFAIRS COUNCIL 50,000
ADMINISTRATION 16,750,000
CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD 300,000
NATURAL RESOURCES 17,950,000
PUBLIC FACILITIES AUTHORITY 30,954,000
POLLUTION CONTROL AGENCY 27,225,000
WASTE MANAGEMENT 7,000,000
TRADE AND ECONOMIC DEVELOPMENT 7,500,000
AMATEUR SPORTS COMMISSION 5,000,000
HOUSING FINANCE AGENCY 1,500,000
MILITARY AFFAIRS 200,000
BOND SALE EXPENSES 386,000
TOTAL $402,179,000
Bond Proceeds Fund 109,521,000
Infrastructure Development Fund 243,661,000
Maximum Effort School Loan Fund 23,000,000
Transportation Fund 11,200,000
Trunk Highway Fund 10,484,000
Airport Fund 50,000
General Fund 4,263,000
APPROPRIATIONS
Sec. 2. TECHNICAL COLLEGES
Subdivision 1. To the state board
of vocational technical education for the
purposes specified in this section $ 25,362,000
The appropriations in this section are
from the infrastructure development
fund.
Notwithstanding Minnesota Statutes,
section 475.61, subdivision 4, the
state board of vocational technical
education may approve a request by a
local school board to use any
unobligated balance in the technical
college debt redemption fund to pay the
district's share of construction
projects authorized in this section.
The state board shall report to the
house appropriations and senate finance
committees by January 15 of each year
on the status of the capital
improvement projects in this section.
Subd. 2. Statewide
During the biennium, as part of the
planning process for a new or remodeled
building, consideration must be given
to the child care needs of a campus and
the feasibility of locating child care
facilities in the building. The board
shall report on its consideration
process and its decision for each
project proposed in future bonding
requests.
Notwithstanding Minnesota Statutes,
section 136C.44, during the biennium
the state board of vocational technical
education must not make grants to
school districts but shall directly
supervise and control the preparation
of plans and specifications to
construct, alter, or enlarge the
technical college buildings,
structures, and improvements provided
for in this section. The state board
of vocational technical education may
provide grants to school districts for
land purchases authorized in this act.
The school district must still finance
15 percent of the cost of each project,
other than in a joint vocational
technical district as defined in
Minnesota Statutes, section 136C.60.
During the biennium, the state board of
vocational technical education shall
advertise for bids and award contracts
in connection with the improvements,
supervise and inspect the work, approve
necessary changes in the plans and
specifications, approve estimates for
payment, and accept the improvements
when completed according to the plans
and specifications.
During the biennium, the state board
may delegate the authority provided in
this section to the campus director for
repair and replacement projects with a
total cost of less than $50,000, if the
state board determines that the
projects can be efficiently managed at
the campus level.
Plans must be paid for out of this
appropriation. The remainder of the
appropriation must not be spent until
the board has secured suitable plans
and specifications, prepared by a
competent architect or engineer. The
plans and specifications must be
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, that contemplates
the expenditure for its completion of
more money than the appropriation for
it, unless otherwise provided in this
act.
The state board of vocational technical
education may delegate responsibilities
to technical college staff.
Subd. 3. Capital improvements 3,300,000
This appropriation is for capital
improvement grants to school districts
for roofs, parking lots, hazardous
material abatement, fuel tank removal,
electrical, mechanical, and other
physical plant repairs and betterments
at technical college campuses.
Subd. 4. Alexandria Technical
College 870,000
This appropriation is for a truck
mechanics instruction building. The
total cost of the project must not
exceed $1,024,000, whether paid from
state, local, or federal money.
Subd. 5. Anoka Technical College 3,500,000
This appropriation is to remodel and
construct space for classrooms,
parking, and other related purposes,
and to acquire land. The total cost of
the project must not exceed $4,118,000,
whether paid from state, local, or
federal money.
Subd. 6. Dakota County Technical
College 939,000
This appropriation is for a decision
driving course and truck driving areas
on land leased from the University of
Minnesota, or currently owned land. No
exchange of ownership of the property
may occur. Any unspent balance
remaining after completion of this
project may be spent for classrooms.
The total cost of the project must not
exceed $1,200,000, whether paid from
state, local, or federal money.
Subd. 7. Detroit Lakes
Technical College 4,429,000
This appropriation is to remodel and
construct space for classrooms, a
telecommunications center, child care,
laboratories, staff work areas, and
parking/site improvements. The total
cost of this project must not exceed
$5,211,000 whether paid from state,
local, or federal money.
Subd. 8. Duluth
Technical College 520,000
This appropriation is for exterior wall
stabilization and repair. The total
cost of this project must not exceed
$612,000 whether paid from state,
local, or federal money.
Subd. 9. East Grand Forks
Technical College 2,000,000
This appropriation is to remodel and
construct space for classrooms,
laboratories, offices,
telecommunications, truck driving
courses, parking, and other related
purposes. The total cost of the
project must not exceed $2,353,000,
whether paid from state, local, or
federal money.
Subd. 10. Hennepin Technical
College
Intermediate District 287, Hennepin
Technical College, is authorized to
construct classrooms, labs, staff
areas, parking/site work, and make
energy modifications. The total cost
of the project must not be more than
$1,409,000, to be paid from the
proceeds of the sale of land and from
local money.
In funding this project, the district
is required to use the post-secondary
share of the proceeds from the sale of
the west campus land. The
post-secondary share of the sale is the
percent of the net sales proceeds that
equals the state's percentage of the
original investment.
To determine the amount of local funds
available for this project, the state
director, district superintendent, and
commissioner of finance, or their
designees, shall determine the
post-secondary share of all district
funds according to Minnesota Statutes,
section 136C.05, subdivision 6.
If the project is not authorized by the
board of District No. 287 by December
1, 1990, the state board shall recover
the state's share of the post-secondary
portion of the proceeds of the sale of
the west campus land. The recovery may
be a direct payment from Intermediate
District No. 287 to the state board, or
the state board may reduce the
allotment for the operations budget.
Subd. 11. Hibbing Technical
College 500,000
This appropriation is to prepare a site
and a plan for a new campus. Before
any land is purchased, the terms of the
purchase and the site selected must be
submitted to the chairs of the senate
finance and house appropriations
committees for their review. The total
cost of the project must not exceed
$588,300, whether paid from state,
local, or federal money.
Subd. 12. Southwestern Technical
College 1,200,000
(a) Canby Campus
This appropriation is for connecting
links to the main classroom building
and the student services area.
(b) Granite Falls Campus
This appropriation is for construction
of a library and resource study area,
special needs, and student services
area.
(c) Jackson Campus
This appropriation is for construction
of an auto body and auto mechanic
laboratory and remodeling for a library.
(d) Pipestone Campus
This appropriation is for remodeling
for a library and resource study area,
and student services space.
Subd. 13. Thief River Falls
Technical College 2,338,000
This appropriation is to remodel and
construct space for an airplane hangar,
classrooms, staff work areas, storage,
parking, and site work at the airport
site. The total cost of the project
must not exceed $2,751,000, whether
paid from state, local, or federal
money.
Subd. 14. Willmar Technical
College 700,000
This appropriation is to construct and
remodel space for the auto body
training program. The total cost of
the project must not exceed $824,000,
whether paid from state, local, or
federal money.
Subd. 15. Winona Technical
College 4,666,000
This appropriation is to remodel and
construct space for an aviation center,
classrooms, laboratories, staff work
areas, hangar space, storage and
parking/site improvement. The total
cost of this project must not exceed
$5,489,000 whether paid from state,
local, or federal money.
Subd. 16. Land Acquisition 400,000
This appropriation is for the State
Board of Vocational Technical Education
to acquire land for a joint campus for
Brainerd Technical College and Brainerd
Community College.
The state board of vocational technical
education, the state board for
community colleges, Brainerd technical
college, and Brainerd community college
shall cooperatively undertake a plan
for a joint campus for Brainerd
technical college and Brainerd
community college.
Sec. 3. COMMUNITY COLLEGES
Subdivision 1. To the commissioner of
administration for the purposes specified
in the following subdivisions 50,500,000
The appropriations in this section are
from the infrastructure development
fund.
Notwithstanding Minnesota Statutes,
section 16B.24, subdivision 2, the
state board for community colleges
shall supervise and control the making
of necessary repairs to all state
community college buildings and
structures during the biennium.
The state board shall report to the
house appropriations and senate finance
committees by January 15 of each year
on the status of the capital
improvement projects in this section.
During the biennium, as part of the
planning process for a new or remodeled
building, consideration must be given
to the child care needs of a campus and
the feasibility of locating child care
facilities in the building. The board
shall report on its consideration
process and its decision for each
project proposed in future bonding
requests.
Subd. 2. Austin Community College 440,000
This appropriation is to prepare
working drawings to renovate and
construct space for laboratories, a
library, nursing, occupational therapy
center, receiving and maintenance,
dining, continuing education, theatre,
campus center, offices, classrooms,
bookstore, developmental learning,
journalism, and other related purposes.
Subd. 3. Brainerd Community College 5,148,000
This appropriation is to renovate and
construct space for drama, physical
education, laboratories, a library,
classrooms, a campus center, an art
studio, offices, parking, storage
areas, and other related purposes.
Subd. 4. Cambridge Center 400,000
This appropriation is to prepare
working drawings for classrooms,
laboratories, offices, and other
necessary purposes. This appropriation
is available only after receipt of a
gift of land, including provision for
sewer and water services, upon which
the structures will be located. The
site shall be submitted to the chairs
of the senate finance and house
appropriations committees for their
review, before final acceptance.
Subd. 5. Fergus Falls Community
College 3,429,000
This appropriation is to construct and
remodel space for a campus center,
laboratories, offices, administration
and counseling, classrooms, continuing
education, physical education, parking,
and storage.
Subd. 6. Fond du Lac Center 6,990,000
This appropriation is to construct
space for classrooms, laboratories,
offices, and other necessary purposes.
This appropriation is available only
after receipt of a gift of land,
including provision for sewer and water
services, upon which the structures
will be located.
Subd. 7. Hibbing Community
College 500,000
This appropriation is the state's share
for construction of athletic facilities
to be used jointly with the Hibbing
school district. The facilities must
be maintained by the school district.
Subd. 8. Lakewood Community
College 3,500,000
This appropriation is to renovate and
construct space for classrooms,
parking, student services,
administration, laboratories, campus
center, faculty office areas, and other
related purposes.
Subd. 9. Rainy River Community
College 1,400,000
This appropriation is to renovate and
construct space for classrooms,
laboratories, student services areas,
faculty offices, a bookstore,
maintenance facilities, library,
administration areas, and other related
purposes.
Subd. 10. Vermilion Community
College 1,050,000
This appropriation is to renovate and
construct space for shops, classrooms,
music, information processing,
developmental learning, and other
related purposes, and conceptual
planning for space for administration,
student services, offices, classrooms,
laboratories, and connecting links.
This project may not proceed beyond
plans until the plans have been
reviewed by the chairs of the senate
finance and house appropriations
committees and the chairs have made
their recommendations on the plans.
Subd. 11. Willmar Community
College 3,393,000
This appropriation is to renovate and
construct space for laboratories, a
library, offices, parking, heating,
ventilating, and air conditioning
systems, fine arts, classroom areas,
and other related purposes.
Subd. 12. Worthington Community
College 1,500,000
This appropriation is to renovate and
construct space for laboratories,
classrooms, administration, student
services, offices, a television studio,
and other related purposes.
Subd. 13. University Center at
Rochester 17,000,000
This appropriation is to construct and
renovate space for the center. For
purposes of allocating responsibility
for debt service for this project, the
commissioner of finance, after
consulting with the University of
Minnesota, state universities, and
community college systems, shall
develop an equitable amount for each
system to pay for its debt service
share. The total amount from the three
systems must equal the amount necessary
to pay the systems' share of the debt
service transfer.
Subd. 14. Systemwide capital
improvements 5,000,000
This appropriation is for capital
improvements at community colleges
statewide, including roofs, hazardous
material abatement, repair or
construction of parking lots,
electrical, mechanical, and other
physical plant repairs and betterments.
Subd. 15. Land Acquisition 750,000
This appropriation is to the state
board for community colleges to acquire
land for Lakewood and North Hennepin
community colleges.
Sec. 4. STATE UNIVERSITIES
Subdivision 1. To the state
university board for the purposes specified
in the following subdivisions 44,408,000
The appropriations in this section are
from the infrastructure development
fund.
Notwithstanding Minnesota Statutes,
sections 16B.30 and 16B.31, during the
biennium, the state university board
shall supervise and control the
preparation of plans and specifications
for the construction, alteration, or
enlargement of the state university
buildings, structures, and improvements
provided for in this section. During
the biennium, the board shall advertise
for bids and award contracts in
connection with the improvements,
supervise and inspect the work, approve
necessary changes in the plans and
specifications, approve estimates for
payment, and accept the improvements
when completed according to the plans
and specifications.
Plans must be paid for out of this
appropriation. The remainder of the
appropriation must not be spent until
the board has secured suitable plans
and specifications, prepared by a
competent architect or engineer. The
plans and specifications must be
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, that contemplates
the expenditure for its completion of
more money than the appropriation for
it, unless otherwise provided in this
act.
The board shall report to the house
appropriations and senate finance
committees by January 15 of each year
on the status of the capital
improvement projects in this section.
Notwithstanding Minnesota Statutes,
section 16B.24, subdivision 2, the
state university board shall supervise
and control the making of necessary
repairs to all state university
buildings and structures during the
biennium.
Notwithstanding other law, during the
biennium, the state university board
may purchase property adjacent to or in
the vicinity of the campuses as
necessary for the development of the
universities. Before taking action,
the board shall consult with the chairs
of the senate finance committee and the
house appropriations committee about
the proposed action. The board shall
explain the need to acquire property,
specify the property to be acquired,
and indicate the source and amount of
money needed for the acquisition.
During the biennium, the state
university board may pay relocation
costs, at its discretion, when
acquiring property.
During the biennium, as part of the
planning process for a new or remodeled
building, consideration must be given
to the child care needs of a campus and
the feasibility of locating child care
facilities in the building. The board
shall report on its consideration
process and its decision for each
project proposed in future bonding
requests.
Subd. 2. Bemidji Campus
(a) Heating plant rehabilitation 3,990,000
(b) Emergency generator 870,000
Subd. 3. Mankato Campus
(a) Heating plant rehabilitation 3,720,000
(b) Construct Phase I addition
to Trafton Hall 7,000,000
Subd. 4. Metropolitan Campus 13,000,000
This appropriation is to construct a
consolidated administrative and student
center, convert the power plant to low
pressure steam, and correct code
deficiencies in existing structures.
Subd. 5. Moorhead Campus
(a) Construct a classroom building 3,600,000
(b) Moorhead parking deck
$2,560,000 appropriated by Laws 1987,
chapter 400, section 19, subdivision 4,
item (c), to plan and construct a
vehicle parking deck at Moorhead State
University, may be used to acquire land
adjacent to or in the vicinity of the
Moorhead campus as necessary to develop
Moorhead State University, and may be
used to construct parking spaces on
university land. The state university
board may pay relocation costs, at its
discretion, when acquiring this
property.
Subd. 6. Southwest Campus
Recreational sports building 6,300,000
Notwithstanding Laws 1989, chapter 300,
article 1, section 4, subdivision 7,
the appropriation in Laws 1987, chapter
400, section 19, subdivision 6, item
(e), no more than $50,000 may be used
for the purpose stated in the 1989
law. The balance of the appropriation
shall be added to the appropriation for
the recreational sports building in
this subdivision.
Subd. 7. Systemwide Capital Improvements 2,515,000
This appropriation is for capital
improvements on state university
campuses statewide.
(a) Abate hazardous materials 1,300,000
(b) Roof replacements on the 1,215,000
Bemidji, Moorhead, St. Cloud,
Southwest, and Winona campuses
Subd. 8. Land Acquisition 1,750,000
This appropriation is to acquire land
adjacent to or in the vicinity of the
St. Cloud campus.
Subd. 9. Systemwide Library Planning 200,000
This appropriation is to develop
schematic plans for a college campus
library and its needs 15 years into the
future. The plan must be suitable for
construction of a library on any or all
state university system campuses. The
plans must account for anticipated
changes in electronic and
communications technology affecting
publishing, storage, access, reference,
administration, staffing, and related
capabilities appropriate to a
comprehensive library and efficient use
of its resources, including cooperative
collection building and storage with
other state university campuses. The
planning must be conducted with the
full involvement and participation of
St. Cloud, Bemidji, and Winona state
universities and must be incorporated
into plans for library improvements on
those campuses. The board shall report
to the chairs of the senate finance
committee and the house of
representatives appropriations
committee by May 1, 1991, describing
the model and its application to the
needs of the libraries at the St.
Cloud, Bemidji, and Winona campuses.
Subd. 10. Settlement of wood-fired
boiler litigation 1,463,000
This appropriation is from the general
fund.
Notwithstanding Laws 1987, chapter 401,
section 5, subdivision 3, paragraphs 2
and 3; Laws 1989, chapter 300, article
1, section 4, subdivision 10; and Laws
1989, chapter 293, section 5,
subdivision 4, this appropriation is
for the full and final payment of a
settlement agreed to by the parties to
the litigation among First Trust
Company, Inc., M.E.S. Corporation, and
the state of Minnesota to resolve
disputes over energy services systems
for the state universities at St. Cloud
and Bemidji. This appropriation is not
an admission of liability by the state
but represents only the sum of a
binding court judgment and
post-judgment interest for payments due
prior to the 1987 and 1989 legislative
nonappropriations enumerated above; a
payment for past use by the state of
certain equipment; a payment for
purchase by the state of certain
equipment; and a payment in lieu of all
other outstanding claims against the
state. Laws 1987, chapter 401, section
5, subdivision 3, paragraphs 2 and 3;
Laws 1989, chapter 300, article 1,
section 4, subdivision 10; and Laws
1989, chapter 293, section 5,
subdivision 4, remain permanently in
effect except as specifically provided
in this section.
Sec. 5. UNIVERSITY OF MINNESOTA
Subdivision 1. To the regents of the
University of Minnesota for the purposes
specified in the following subdivisions 71,480,000
The appropriations in this section are
from the infrastructure development
fund.
The regents shall report to the house
appropriations and senate finance
committees by January 15 of each year
on the status of the capital
improvement projects in this section.
During the biennium as part of the
planning process for a new or remodeled
building, consideration must be given
to the child care needs of a campus and
the feasibility of locating child care
facilities in the building. The board
shall report on its consideration
process and its decision for each
project proposed in future bonding
requests.
Subd. 2. Morris Campus 4,000,000
Remodel and construct addition to
student center
Subd. 3. Twin Cities Campus
(a) Construct biological sciences addition 16,500,000
(b) Remodel Wilson Library 2,080,000
(c) Construct addition to and
renovate veterinary diagnostic lab 7,900,000
(d) Construct music performance
hall addition to Ferguson Hall 6,700,000
This amount must be matched by a
minimum of $2,000,000 from nonstate
sources. The amount of money provided
to match the state appropriation
pursuant to Laws 1984, chapter 597,
section 16, subdivision 2, clause (j),
may be included in calculating the
match amount required in this paragraph.
(e) Construct an Integrated Waste
Management Facility 7,500,000
(f) Recreational sports and physical
education building 6,000,000
This appropriation is to complete the
university recreation center, the space
under the bleachers in the aquatics
center, repair the second and third
floors of Cooke Hall, and may include
moving gymnastics to Peik gym and
relocating the Human Performance
Laboratory. If all of the preceding
items are completed, the handball and
racquetball courts in St. Paul may also
be constructed.
(g) The appropriations in Laws 1978,
chapter 792, section 11, subdivision 2,
item (e); and in Laws 1984, chapter
597, section 16, subdivision 2, item
(f), to remodel Folwell Hall on the
Twin Cities campus of the University of
Minnesota may be added to the
appropriation in Laws 1987, chapter
400, section 20, subdivision 7, item
(l), to remodel Folwell Hall, phase II.
Subd. 4. Crookston Campus
(a) Construct agricultural operations
management center 4,410,000
(b) Plan Agricultural Utilization Research
Institute offices and labs and remodel current
space 590,000
Subd. 5. Duluth Campus
(a) Expand and renovate Natural Resources
Research Institute 2,500,000
(b) Construct college campus center 10,000,000
Subd. 6. North Central Experiment
Station
The appropriation in Laws 1989, chapter
335, article 1, section 21, subdivision
4, for hybrid aspen and hybrid larch
research and development at the North
Central Experiment Station at Grand
Rapids may also be spent to construct a
greenhouse.
Subd. 7. Systemwide
Health and safety 1,500,000
This appropriation is to continue the
program for upgrading university
facilities to eliminate fire and life
safety deficiencies and to continue the
ongoing university-wide program of
rendering facilities accessible to the
physically disabled.
Subd. 8. Minnesota Agricultural
Experiment Stations 1,800,000
This appropriation is for capital
improvements at the Horticulture
Research Center; the North Central
Experiment Station; the Southwest
Experiment Station; the West Central
Experiment Station; the Northwest
Experiment Station; and the Cloquet
Forestry Center. Any funds remaining
after completion of the first five
projects may be used to fund other
experiment station projects in
accordance with the priorities
established by the board of regents.
The board of regents may execute a
contract for deed for purchase of
unique farm land at Lamberton.
Sec. 6. HIGHER EDUCATION SYSTEMS
Subdivision 1. Debt Service Plans
Each public higher education system is
requested to include in the 1991
biennial budget document a plan for
incorporating debt service retirement
into its operating budget. The plan
should include, but not be limited to,
the amount of debt service, the types
of projects, a ten-year plan for
anticipated projects, and the method
for financing the plan.
Subd. 2. Parking Fees
Each public higher education system
shall develop a parking plan. The plan
shall include consideration of
establishing parking fees for each
campus at a level that will provide
adequate revenue to construct, repair,
and maintain the parking lots. The
plan must be submitted to the
legislature in the 1991 biennial budget
document.
Sec. 7. EDUCATION
Subdivision 1. To the commissioner
of administration, except as otherwise specified,
for the purposes specified
in this section 27,793,000
Subd. 2. Minnesota State Academy
for the Blind and Deaf - Faribault 343,000
(a) Upgrade mechanical systems and make
health and life safety improvements
in Activities Building 128,000
(b) Retrofit science classrooms to meet
safety standards 50,000
(c) Replace windows 165,000
Subd. 3. Minnesota Center for
Arts Education
Purchase and rehabilitate Golden Valley site 4,250,000
Notwithstanding any other law to the
contrary, the commissioner of
administration may purchase the Golden
Valley site for a sum not more than
$4,250,000.
Subd. 4. Minnesota Center for Science,
Mathematics, and International Studies
Purchase facilities at Winona 200,000
This appropriation is to purchase
facilities on the campus of the former
College of Saint Teresa in Winona, to
be used to establish a state center for
science, mathematics, and international
studies. This appropriation may be
spent only if the Hiawatha Foundation
exercises its option to buy the
buildings. The Foundation must
maintain the facilities through June
30, 1991.
Subd. 5. Maximum Effort School Loans 23,000,000
This appropriation is from the maximum
effort school loan fund and must be
spent under the direction of the
commissioner of education to make debt
service loans and capital loans to
school districts as provided in
sections 124.36 to 124.47.
This appropriation is to the
commissioner of education, who shall
rank capital loan applications that
were recommended by the state board of
education and approved by voters of the
school district before April 15, 1990.
Ranking shall be based on the criteria
in Minnesota Statutes 1989 Supplement,
section 124.43, subdivision 1,
paragraph (b), clauses (2)(A) to (D),
and the amount of the appropriation in
this subdivision.
The commissioner shall review the
proposed plan and budgets of a project
to be funded and may reduce the amount
of the loan to ensure that the project
will be economical. The commissioner
may recover the cost incurred by the
commissioner for any professional
services associated with the final
review by reducing the proceeds of the
loan paid to the district.
The commissioner shall allot the amount
available for capital loans to the
top-ranked districts in rank order.
The commissioner shall not prorate a
capital loan. If the available money
will not fully fund a project, the
commissioner shall allot the money to
the next lower project that can be
fully funded. Capital loans are
approved for the districts funded by
the commissioner. The amount, terms,
and forgiveness of a capital loan are
governed by this subdivision and 1990
H.F. No. 2200, article 11.
Except for emergency requests, these
school district applications shall be
the top priority for funding capital
loans until July 1, 1995, if:
(1) the districts continue to meet the
criteria in Minnesota Statutes 1989
Supplement, section 124.43, subdivision
1, paragraph (b), clauses (2)(A) to
(D);
(2) the amount of the loan is within
the limit established by 1990 H.F. No.
2200, article 11, section 5,
subdivision 8, as modified by 1990 H.F.
No. 2200, article 11, section 10; and
(3) the districts levy according to
1990 H.F. No. 2200, article 11, section
2, and section 5, subdivision 11.
A district application may change
priority or rank order when the
conditions under which the state board
of education approved the loan
application or the voters approved
borrowing the money change sufficiently
to disqualify it for a capital loan,
raise or lower its rank, or eliminate
its status as top priority, according
to 1990 H.F. No. 2200, article 11.
Sec. 8. JOBS AND TRAINING
To the commissioner of administration
for the purposes specified in this section 750,000
This appropriation is to construct and
renovate a regional job service office
in south Minneapolis. The office must
be located at the southwest corner of
the intersection of Chicago and Lake
streets.
<$USE f1 FORMAT>
Sec. 9. VETERANS HOMES BOARD
Subdivision 1. To the commissioner
of administration for the purposes specified
in this section 1,750,000
The appropriations in this section
represent 35 percent of the estimated
cost of each project.
The Minnesota Veterans Homes Board must
apply for the federal money needed to
complete these projects. The
commissioner of administration shall
receive the federal money and make the
money available to the Veterans Homes
Board to spend for completion of the
projects. Any part of the total
appropriation in this section may be
spent for any of the projects in this
section before the federal money for
that project is received, provided that
the project must not be started until
enough federal or other money has been
committed to complete it.
Subd. 2. Minnesota Veterans Home -
Minneapolis
(a) Expand feeding and lounge areas in
building 17 187,000
(b) Restore bridge and utilities 367,000
(c) Demolish building 12B and remove
boiler from building 14A 34,000
Subd. 3. Minnesota Veterans Home -
Hastings
(a) Upgrade heating and air conditioning system 56,000
(b) Replace windows 26,000
(c) Repair roofs 28,000
(d) Reconfigure domiciliary rooms to
comply with standards 1,052,000
Sec. 10. HEALTH
To the commissioner of administration
to renovate laboratories at the present
health building and remodel the heating,
ventilating, and air conditioning systems 1,376,000
Sec. 11. CORRECTIONS
Subdivision 1. To the commissioner
of administration for the purposes specified
in this section 13,121,000
Subd. 2. Minnesota Correctional
Facility - Faribault
(a) Complete phase II conversion to
medium security and electrical upgrade
of facility 2,706,000
(b) Reconfigure roads, walks, and lots
in coordination with the department of
human services 537,000
Subd. 3. Minnesota Correctional
Facility - Lino Lakes
(a) Expand "Q" Building 500,000
(b) Construct two new medium security
cottages 6,000,000
(c) Connect to city water and sewer system 955,000
(d) Replace the emergency power generator 318,000
Subd. 4. Minnesota Correctional
Facility - Stillwater
Replace locks in cell hall B 594,000
Subd. 5. Minnesota Correctional
Facility - Willow River/Moose Lake
Expand and improve the wastewater
treatment system 85,000
Subd. 6. Minnesota Correctional
Facility - Shakopee
Plan and design for expansion 300,000
Subd. 7. Minnesota Correctional
Facility - St. Cloud
Complete the replacement of
steam/condensate lines 224,000
Subd. 8. Minnesota Correctional
Facility - Red Wing
Replace hot water lines from the industrial
building throughout the tunnel system of
the facility and remove asbestos 402,000
Subd. 9. Systemwide
Repair roofs, structures, and utilities
at various state correctional facilities 500,000
Sec. 12. HUMAN SERVICES
Subdivision 1. To the commissioner of
administration for the purposes specified
in this section 22,675,000
Subd. 2. Systemwide
(a) Upgrade heating and air conditioning
system in residential and program buildings 500,000
(b) Remodel resident living and program
areas to meet licensure and accreditation
requirements 450,000
(c) Repair roofs, structures, and utilities 426,000
Subd. 3. Construct ten additional
state-operated community services facilities
for people with developmental
disabilities 2,590,000
Subd. 4. State-operated
community-based residences 1,000,000
This appropriation is to plan, design,
renovate or construct two
state-operated community-based
residences for people with mental
illness. Each facility must be located
in conformance with deconcentration
requirements. One facility must be
located in the Twin Cities metropolitan
area, must have no more than 16 beds,
and must serve adults. One facility
must be located outside the Twin Cities
metropolitan area, must have 10 beds,
and must serve adolescents. Before
beginning construction, the
commissioner shall consult with the
chairs of the Health and Human Services
Division of the House Appropriations
Committee and the Health and Human
Services Division of the Senate Finance
Committee.
Subd. 5. Construct water line to
Cambridge Regional Treatment Center 400,000
This appropriation is to repair or
replace water and sewer mains at the
Cambridge regional human services
center in cooperation with the city of
Cambridge. Notwithstanding Minnesota
Statutes, sections 94.09 to 94.16, the
commissioner of administration may
transfer to the city of Cambridge any
property at the Cambridge regional
human services center that relates to
the provision of water or sewer
services or other utilities. The
department and the city may attach to
the transfer the conditions that they
agree are appropriate, including
conditions that relate to water and
sewer service at the center and in the
city. If the transfer requires the
conveyance of any interest in real
estate, the attorney general shall
prepare appropriate instruments of
conveyance. The deed to convey the
property must contain a clause that the
property will revert to the state if
the property ceases to be used for a
public purpose. This appropriation
expires upon the accomplishment or
abandonment of its purpose.
Subd. 6. Remodel, upgrade, and re-equip
dietary and kitchen facilities at
Ah-Gwah-Ching, Brainerd Human Services
Center, and St. Peter Regional
Treatment Center 774,000
Subd. 7. Regional Treatment
Centers 7,235,000
This appropriation is to prepare
working drawings to remodel or
reconstruct the Anoka, Moose Lake, and
Fergus Falls mental health units.
Plans must be ready for construction
bid by June 1, 1991, with a total
construction cost not to exceed
$97,000,000. Construction funds must
be available after review of the plans
by the 1991 legislature. Schematics
shall be submitted to the chair of the
health and human services division of
the senate finance committee and the
chair of the health and human services
division of the house appropriations
committee for their review.
Of this appropriation, $2,800,000 is
for Anoka Metro Regional Treatment
Center to complete schematics and
working drawings for construction of a
300-bed facility for treatment of
individuals with mental illness. The
new facility must include space for
ancillary and support functions for all
disability groups to be served by the
regional center.
Of this appropriation, $1,435,000 is
for Fergus Falls Regional Treatment
Center to develop schematics and
working drawings for a new 100-bed
freestanding facility for persons with
mental illness. The new facility must
include space for ancillary and support
functions for all disability groups to
be served by the regional center. The
plan and working drawings must be
drafted in a manner that will allow for
all construction to be completed in
totality or in phases. The first phase
must provide for completion of all
ancillary and support functions. Upon
completion of construction, custodial
control of the existing Kirkbride
Complex shall be transferred to the
commissioner of administration after a
public meeting in Fergus Falls to
receive recommendations for its
disposition.
Of this appropriation, $1,500,000 is
for Moose Lake Regional Treatment
Center to develop schematics and
working drawings for construction of a
new 150-bed freestanding facility for
the treatment of individuals with
mental illness. The new facility must
include space for ancillary and support
functions for all disability groups to
be served by the regional center. The
site for the new facility shall be
located, if feasible, on property
presently under the custodial control
of the Moose Lake Regional Treatment
Center. If a building site on regional
center property is not feasible, the
commissioners of human services and
natural resources shall cooperatively
explore the feasibility of an
alternative site location on state land
adjacent to the regional center which
at the present time is under the
custodial control of the department of
natural resources. The commissioner of
human services may also accept a gift
of real property as an alternative site
for the new regional facility. Upon
completion of construction, custodial
control of the existing regional center
complex shall be transferred to the
commissioner of corrections for the
purpose of establishing a correctional
facility.
Of this appropriation, $1,500,000 is
for remodeling the Brainerd Regional
Treatment Center for 35 mental health
security beds.
The department of administration, in
cooperation with the department of
human services, shall coordinate the
planning for the reconstruction of the
regional treatment centers. The
proposals for schematics and working
drawings for the psychiatric facilities
at Anoka, Fergus Falls, and Moose Lake
must be let in a single bid. The
department of finance may reduce the
authorization if the department
estimates the amount needed is less
than the authorized amount.
Subd. 8. Remodel residential buildings at
regional treatment centers to meet
standards for skilled nursing facilities 9,300,000
This appropriation is to complete
remodeling of buildings for 105 beds at
Brainerd, 70 beds at Cambridge, and 85
beds at Fergus Falls.
Sec. 13. TRANSPORTATION
Subdivision 1. To the commissioner of
transportation for the purposes specified
in this section 21,734,000
Subd. 2. Buildings
The appropriations in this subdivision
are from the trunk highway fund.
(a) Bemidji rest area 250,000
The commissioner of transportation may
not spend more than $400,000 from an
appropriation for trunk highway
development to develop the site and
design a facility for a trunk highway
rest area and tourist information
center at Bemidji. State money may not
be spent to operate the facility.
(b) Brainerd District Headquarters 6,525,000
This appropriation is to construct a
new headquarters on a site already
owned by the department of
transportation.
(c) Detroit Lakes Laboratory addition 344,000
(d) Marshall Area Maintenance Building 600,000
This appropriation is added to the
appropriation in Laws 1989, chapter
269, section 2, subdivision 11, item
(e).
(e) Mahnomen Truck Station 420,000
This appropriation is to construct a
new truck station.
(f) St. James Truck Station 420,000
(g) Statewide
(1) Asbestos removal and
reinsulation in Minnesota department
of transportation facilities statewide 250,000
(2) Underground storage
tank replacement at Minnesota department
of transportation facilities statewide 750,000
(3) Construct or repair chemical storage
sheds at department facilities 405,000
(4) Acquire land 145,000
This appropriation is to acquire land
for truck station sites at Roseau, Pine
City, Northfield, and Pipestone.
(5) Construct pole-type
storage sheds at Minnesota department
of transportation facilities statewide 375,000
Subd. 3. Planning for airport
hangar at St. Paul downtown airport 50,000
This appropriation is from the state
airports fund.
Subd. 4. Federal Aid Demonstration Program 5,600,000
This appropriation is from the state
transportation fund.
Subd. 5. Local Bridge Replacement
and Rehabilitation 5,600,000
This appropriation is from the state
transportation fund.
(a) This appropriation shall be
distributed by the commissioner of
transportation as grants to political
subdivisions for the construction and
reconstruction of key bridges on
highways and streets under their
jurisdiction. The grants shall not
exceed the following aggregate amounts:
(1) To counties $3,304,000
(2) To home rule charter
and statutory cities $ 784,000
(3) To towns $1,512,000
(b) The grants may be used by a
political subdivision to:
(1) Construct and reconstruct key
bridges under their jurisdiction;
(2) Match federal-aid grants for
construction and reconstruction of the
bridges;
(3) Pay the costs of preliminary
engineering and environmental studies
for the bridges;
(4) Pay the costs of abandoning an
existing bridge that is deficient and
is in need of replacement, but where no
replacement is made; and
(5) Pay the cost of constructing a road
or street that would facilitate the
abandonment of an existing deficient
bridge. The construction of the road
or street must be judged by the
commissioner to be more cost-efficient
than the reconstruction or replacement
of the existing bridge.
Sec. 14. PUBLIC SAFETY
Remodel Bureau of Criminal Apprehension
Building to comply with building code 545,000
Sec. 15. BOARD OF WATER AND
SOIL RESOURCES
To the board of water and soil
resources for the Reinvest in Minnesota
resources program 2,395,000
This appropriation is from the
infrastructure development fund.
This appropriation is to acquire
conservation easements under Minnesota
Statutes, section 40.43, subdivision
3. The board shall give priority to
acquiring easements on cropland in
sensitive groundwater areas.
Administrative costs for one position
of the board are to be paid from this
appropriation.
$1,645,000 of this appropriation is to
construct the Wellner-Hageman dam.
Sec. 16. MINNESOTA HISTORICAL SOCIETY
Subdivision 1. To the Minnesota historical
society for the purposes specified in this section 3,475,000
Subd. 2. Specific Projects
(a) Complete State History Center 2,300,000
This appropriation is added to the
appropriation in Laws 1987, chapter
400, section 15, subdivision 2.
$100,000 of this appropriation is to
construct exhibits at the State History
Center.
(b) Restore and repair deterioration of
Split Rock Lighthouse 125,000
(c) Restore and reconstruct Meighen
store complex 100,000
(d) Red Lake Tribal Information Center 300,000
This appropriation is for the Minnesota
historical society to make a grant to
independent school district No. 38, Red
Lake, to finalize construction
documents and operating agreements
before project bidding.
Subd. 3. For heritage zone
grant-in-aid 100,000
This appropriation is for grant-in-aid
purposes of the St. Anthony Falls
Heritage Preservation Zone. Grants may
be made for public improvements of a
capital nature according to the St.
Anthony Falls interpretive plan for
preservation of interpretive
components. The matching requirements
for the grants may be established by
the St. Anthony Falls Heritage Board.
Subd. 4. For the labor
history center 550,000
This appropriation is to plan and
design the Labor History Center. The
society shall develop a facility
program document that defines the space
and programming needs of the center
including operating expenses. The
society shall determine, through a site
location assessment study, the location
of the center on a site adjacent to the
history center and prepare working
drawings for the project. Cost
estimates for all elements necessary to
complete the project must be submitted
to the chairs of the agriculture,
transportation, and semi-states
divisions of the senate finance and
house appropriations committees for
their recommendations. The
recommendations are advisory only.
Failure or refusal to make a
recommendation promptly is deemed a
negative recommendation. The total
cost of the project must not exceed
$12,500,000. The project cost may
include exhibits and audio-visual
devices and systems.
Subd. 5. For site improvements
Notwithstanding any other law to the
contrary, unencumbered balances from
appropriations in Laws 1981, chapter 4,
section 11, are reappropriated to the
Minnesota Historical Society for site
contamination clean-up and access
requirements. The Minnesota Historical
Society shall report to the chair of
the senate committee on finance and the
chair of the house of representatives
committee on appropriations on
expenditures made under this
subdivision. The purpose of the
reappropriation is to pay for existing
projects and not to pay for new
projects.
Sec. 17. INDIAN AFFAIRS COUNCIL
Battle Point Historic Site 50,000
This appropriation is to prepare
preliminary plans for an interpretive
center at the Battle Point historic
site in Cass county on the Leech Lake
Indian Reservation. The plans must
provide for the center to be
constructed on land leased to the
Indian affairs council by the Leech
Lake Band of Chippewa Indians under a
ground lease having an initial term of
at least 20 years and a total term of
at least 40 years, including renewal
options. During the term of the ground
lease the facilities constructed on the
land will be owned by the council, but
when the ground lease expires the
facilities constructed on the land will
belong to the Leech Lake Band. The
plans must provide for the council to
contract with the Leech Lake Band to
operate the center on behalf of the
council. Through the center, the
council shall carry out a program of
public education on the history of the
Battle Point site, with primary
emphasis on the historical role of the
Leech Lake Band. The center and all
classes and programs run by or through
the center must be open to the public.
Sec. 18. ADMINISTRATION
To the commissioner of administration for
the purposes specified in this section 16,750,000
(a) Capital asset preservation and
replacement account 2,500,000
This appropriation is from the capital
asset preservation and replacement
account created in new Minnesota
Statutes, section 16A.632.
Unencumbered balances from
appropriations in Laws 1985, First
Special Session chapter 15, section 3,
subdivision 2, item (a), and Laws 1987,
chapter 400, section 3, item (a), may
be used by the commissioner of
administration to remove or encapsulate
asbestos-containing materials when
identified by a survey conducted by a
recognized and licensed asbestos
testing consultant as being the most
hazardous to building occupants.
(b) Centennial Building 8,000,000
This appropriation is to complete
renovation of the interior of the
building.
(c) To repair the ventilation
system in the Ford building 150,000
(d) For the Itasca Center Project 100,000
This appropriation is for a grant to
Itasca county to plan for construction
of the Itasca Center.
(e) Judicial Center 2,900,000
This appropriation is to complete phase
I of the center and phase II planning.
(f) Plan to remodel State Capitol 300,000
(g) Agency Relocation 2,800,000
This appropriation is to the
commissioner of administration from the
general fund and is to provide for
moving costs and estimated increased
rental costs associated with agency
relocations and shall not be used for
the purchase of furniture related to
agency relocations.
Notwithstanding any other law to the
contrary, during the biennium in
selecting sites for relocations, the
commissioner shall place a priority on
housing agencies in state-owned
buildings whenever possible.
(h) Agriculture Department Building
The unobligated balance of the
appropriation in Laws 1989, chapter
300, article 1, section 14, item (h),
to select a site and plan for a new
department of agriculture building, is
canceled to the state bond fund.
(i) Public School Building Survey
The commissioner of administration, in
cooperation with the commissioner of
education, may conduct a survey of all
public school buildings built after
1945 and before 1980 to determine the
degree of physical accessibility for
people with disabilities; may train
school maintenance personnel to conduct
on-site surveys to identify
accessibility deficiencies in school
buildings; and may prepare a report and
workplan including schedules and cost
estimates concerning necessary
accessibility improvements. In
preparing the report and workplan, the
commissioner shall consult with and
receive recommendations and priorities
from the council on disability.
These activities shall be conducted in
conjunction with the access survey
being conducted for state-owned
buildings, and the appropriation in
Laws 1989, chapter 300, article 1,
section 14, item (a), may be used for
this purpose.
Sec. 19. CAPITOL AREA ARCHITECTURAL
AND PLANNING BOARD
Roy Wilkins Memorial 300,000
The capitol area architectural and
planning board shall establish a Roy
Wilkins memorial in the capitol area.
The board shall select an appropriate
site for the memorial, establish design
requirements, choose the design, and
oversee construction of the memorial.
In establishing the memorial, the board
may accept money from nonstate sources
and contract with other private or
public agencies.
Sec. 20. NATURAL RESOURCES
Subdivision 1. To the
commissioner of natural resources, except
as otherwise specified, for the purposes
specified in this section 17,950,000
Subd. 2. State Forests, Parks, and Trails
(a) To acquire state forest
lands in the Richard J. Dorer Memorial
Hardwood Forest 500,000
(b) For betterment of state parks
according to the management plans required
in Minnesota Statutes, chapter 86A 3,000,000
This appropriation is from the
infrastructure development fund.
(c) To acquire and to better
state trails 3,500,000
This appropriation is from the
infrastructure development fund.
This appropriation is to acquire and to
develop the Barnum to Carlton segment
of the Willard Munger Trail, the Soo
Line Trail, and the Paul Bunyan Trail.
Subd. 3. For the reinvest in Minnesota
program under Minnesota Statutes,
sections 40.40 to 40.45 3,000,000
This appropriation is from the
infrastructure development fund.
Of this appropriation, $600,000 is for
acquisition of scientific and natural
areas.
Of this appropriation, $500,000 is for
transfer to the critical habitat
private sector matching account under
Minnesota Statutes, section 84.943.
Subd. 4. To acquire and to better
public water access sites under
Minnesota Statutes, section 97A.141 700,000
Subd. 5. For flood plain management
for grants under Minnesota Statutes,
section 104.11 3,200,000
The commissioner of natural resources
must give priority to projects with
federal matching money and to projects
currently under construction. Where
practical, the commissioner shall
encourage phased construction to
maximize the number of projects started.
In the case of a grant for the Good
Lake project in the Red Lake watershed
district, the impoundment structure
must be constructed on land leased to
the Red Lake watershed district by the
Red Lake Band of Chippewa Indians under
a ground lease having an initial term
of at least 20 years and a total term
of at least 40 years, including renewal
options. During the term of the ground
lease the facilities constructed on the
land will be owned by the watershed
district.
Subd. 6. For the waterbank program
under Minnesota Statutes, section
105.392 1,200,000
Subd. 7. Environmental Learning Centers
The commissioner in cooperation with
other affected agencies and residential
and nonresidential learning center
directors shall develop a long-range
plan for the development and program
coordination of environmental learning
centers statewide. The plan must focus
on identifying programming needs,
geographic areas to locate facilities,
capital cost estimates for development
and creation of a phased-in
implementation strategy. The plan must
be completed for presentation to the
legislature by January 1, 1992.
Subd. 8. Repair Lake
Bronson dam 300,000
Subd. 9. Buildings
The appropriations in this subdivision
are to the commissioner of
administration.
(a) Consolidate and renovate field
offices statewide 1,000,000
(b) Replace underground storage tanks 250,000
(c) For phase 1 construction of
the International Wolf Center 1,200,000
This appropriation is to the
commissioner of administration to
construct phase I of the International
Wolf Center. The state board for
community colleges and Vermilion
community college shall assist in
planning and constructing the
facility. Vermilion community college
shall serve as the administrative and
fiscal agent for the International Wolf
Center. Except for money specifically
appropriated to the state board for
community colleges for instructional
programs affiliated with the
International Wolf Center, operating or
administrative costs for the
International Wolf Center may not be
provided from money appropriated to the
state board for community colleges.
(d) Lac Qui Parle Visitor's Center 100,000
This appropriation is for planning and
working drawings and archaeological
excavation for a visitor center at Lac
Qui Parle Wildlife Management Area.
The commissioner, in cooperation with
the Minnesota Historical Society and
the Chippewa Area Soil and Water
Conservation District, shall develop a
plan for a visitor center at Lac Qui
Parle Wildlife Management Area to be
located at the historic mission site,
more specifically described as a parcel
of land lying northeast of County Road
32 in the northeast quarter of the
southwest quarter of Section 13,
township 118 north, range 42 west.
This center must include sufficient
facilities to accommodate the needs of
the Minnesota Historical Society to
provide displays and interpretive
facilities for the Native American
culture and history of the area. The
plan must allow for the development of
the site in accordance with Minnesota
Statutes, chapter 138 and be completed
for presentation to the legislature by
January 1, 1991.
Sec. 21. PUBLIC FACILITIES
AUTHORITY
To the public facilities authority for
the purposes specified in this section 30,954,000
(a) State Independent Grants Program
under Minnesota Statutes, section 116.18,
subdivision 3a 15,354,000
This appropriation is from the
infrastructure development fund
$8,854,000 is for grants for
reimbursement projects authorized prior
to January 1, 1989, under Minnesota
Statutes, section 116.18, subdivision
3a, paragraph (c), for fiscal year 1991
to be distributed pro rata among the
communities in amounts not to exceed
their eligible grants. This
appropriation is not available to
communities that are eligible for
federal grants.
$5,500,000 is for continuation grants
under Minnesota Statutes, section
116.18, subdivision 3a, paragraphs (a)
and (b), for fiscal year 1991.
The legislative water commission shall
study the financing of wastewater
treatment projects. The study must
include a review of the state
independent grant program and
recommendations on how the grant
program should be modified to better
complement the state revolving loan
program. The department of trade and
economic development and the pollution
control agency shall cooperate in the
study. The legislative water
commission shall report its findings to
the house and senate environment and
natural resources committees, house
appropriations committee, and the
senate finance committee by January 1,
1991.
(b) State match to the federal grants
to capitalize the state water pollution
control revolving fund under Minnesota
Statutes, section 446A.07 15,600,000
$8,900,000 is for fiscal year 1991
$6,700,000 is for fiscal year 1992
This appropriation is from the
infrastructure development fund.
Any money in excess of the amount
needed for the 20 percent state match
to the federal grant may be used for
grants under Minnesota Statutes,
section 116.18, subdivisions 2a and
3a. Any money in excess of the amount
needed to fund projects under paragraph
(a), may be used for grants under
Minnesota Statutes, section 116.18,
subdivision 2a.
Sec. 22. POLLUTION CONTROL
AGENCY
To the commissioner of the pollution
control agency for the purposes
specified in this section 27,225,000
(a) Combined sewer overflow grants
under Minnesota Statutes, section
116.162 23,700,000
This appropriation is for the state's
share of the cost of combined sewer
overflow projects begun during fiscal
years 1991 and 1992. The allocation to
a city for projects begun in fiscal
year 1991 or 1992 may be used, by
choice of the city, to cover the
shortfall in federal funding of
projects begun by the city during
fiscal year 1990, but the legislature
does not intend to appropriate any more
money for projects begun in fiscal year
1991 or 1992 because a city has chosen
to use part of this appropriation for
projects begun in fiscal year 1990.
Notwithstanding any law to the
contrary, the city of St. Paul shall
use all revenues derived from its
clawback funding of sewer financing
only for sewer separation projects that
directly result in the elimination of
combined sewer overflow.
(b) Litigation Settlements 250,000
This appropriation is from the
infrastructure development fund.
This appropriation is for payment to
municipalities to assist in settling
claims made against the municipalities
in litigation to which the state and
the municipality are parties involving
the construction of municipal
wastewater treatment facilities funded
partly by state matching wastewater
treatment grant funds. No payment may
be made to settle litigation with a
municipality eligible for funding under
the corrective action grant program,
Minnesota Statutes, section 116.181.
No funds shall be used to pay
litigation costs. Payment shall be
subject to an agreement to which the
state and the municipality are
parties. Any funds not obligated by
December 31, 1990, may be used for
grants under Minnesota Statutes,
section 116.18, subdivision 2a, or
transferred to the public facilities
authority for grants under Minnesota
Statutes, section 116.18, subdivision
3a.
(c) Administrative costs under the
wastewater construction grants program,
Minnesota Statutes, section 116.18,
subdivisions 2a and 3a 925,000
This appropriation is from the
infrastructure development fund.
Effective July 1, 1991, bond proceeds
may not be used to pay the salaries and
other administrative expenses of state
employees in the pollution control
agency. The governor's budget request
to the 1991 legislature should include
a request for the amounts necessary to
pay these expenses from the general
fund or other funds that do not consist
of bond proceeds.
(d) For supplemental grant adjustments
to those municipalities identified in
Minnesota Statutes, section 116.18,
subdivision 3d 2,350,000
This appropriation is from the
infrastructure development fund.
A supplemental grant must not exceed
2.5 percent of the
total eligible construction costs.
Sec. 23. WASTE MANAGEMENT
To the director of the office of
waste management for capital assistance
program grants under Minnesota Statutes,
section 115A.54 7,000,000
Sec. 24. TRADE AND ECONOMIC
DEVELOPMENT
To the commissioner of trade and economic
development for the purposes specified in
this section 7,500,000
(a) Convention Center Facilities 500,000
This appropriation is for a grant to
the city of Minneapolis to construct a
convention center parking facility.
The city of Minneapolis shall transfer
to the Greater Minneapolis Convention
and Visitors Association an annual
amount equal to the projected debt
service as a supplement to the
association's budget.
(b) Local Recreation Grants 2,000,000
This appropriation is from the
infrastructure development fund.
This appropriation is to acquire and to
better recreation open space projects
upon application by local units of
government and Indian tribes and bands
recognized by the federal government.
Projects that receive federal grants
must be given priority. A grant under
this paragraph is not contingent upon
the receipt of federal grants. A
project may receive grant assistance of
up to 50 percent of the total capital
cost of the project or, if federal
money is used, 50 percent of the local
share. A project must not receive
grant assistance of more than
$400,000. A local unit of government
must not receive more than one grant
during each fiscal biennium.
$625,000 is granted for projects
outside the metropolitan area that is
defined in Minnesota Statutes, section
473.121, subdivision 2.
Up to ten percent of the appropriation
for local recreation grants may be used
for acquisition of park land that is
currently used as a park and is being
leased by a local unit of government.
This portion of the appropriation is
not subject to the 50 percent local
match. A local unit of government
receiving a grant under this provision
must agree to operate and maintain the
park.
(c) Metropolitan Open Space 5,000,000
This appropriation is from the
infrastructure development fund.
This appropriation is for payment by
the commissioner of energy and economic
development to the metropolitan council
established under Minnesota Statutes,
section 473.123. The commissioner
shall transfer the amount to the
metropolitan council upon receipt of a
certified copy of a council resolution
requesting payment. The appropriation
must be used to pay the cost of
acquisition and betterment by the
metropolitan council and local
government units of regional
recreational open space lands in
accordance with the council's policy
plan as provided in Minnesota Statutes,
sections 473.315 and 473.341, including
relocation costs and tax equivalents
required to be paid by Minnesota
Statutes, sections 473.315 and 473.341.
Using the authority granted in
Minnesota Statutes, section 473.325,
the metropolitan council may authorize
the issuance of general obligation
bonds of the council for the
acquisition and betterment of regional
recreational open space. The bonds
must be issued as provided in and
subject to the dollar limitation of
Minnesota Statutes, section 473.325.
None of the proceeds from the sale of
bonds authorized by this appropriation
or by the sale of metropolitan council
bonds may be used to reimburse a
development agency of a city of the
first class for land acquisition or
development costs incurred prior to
1988.
(d) Duluth Zoo
The amount appropriated for a grant to
the Duluth zoo in Laws 1989, chapter
335, article 1, section 25, subdivision
6, may be granted in more than one
disbursement. Each disbursement is
available after the commissioner of
finance has determined that the portion
of the grant to be disbursed has been
matched by an equal amount from
nonstate sources.
The appropriation in Laws 1989, chapter
335, article 1, section 25, subdivision
6, of $500,000 in the first year for
the Duluth Zoo does not cancel at the
end of the first year and is available
for the second year of the biennium.
Sec. 25. MINNESOTA AMATEUR SPORTS
COMMISSION
To the Minnesota amateur sports
commission for the purposes specified in
this section 5,000,000
(a) Construct Holmenkollen ski jump in
Bloomington 2,500,000
This appropriation is for a grant to
the city of Bloomington and is
available only after the commissioner
of finance has determined that the city
of Bloomington has committed $2,500,000
and private contributors have committed
$2,500,000 to complete the project.
(b) Construct indoor national shooting
sports center at Giant's Ridge in
Biwabik 2,500,000
This appropriation is for a grant to
the iron range resources and
rehabilitation board to construct a
national shooting sports center for the
Olympic sports of shooting and archery.
(c) Expand seating capacity of National
Sports Center in Blaine
$8,500,000 is appropriated from the
proceeds of sports facility revenue
bonds.
This appropriation is not available
until the commission has executed a
contract with the United States Soccer
Federation naming the National Sports
Center in Blaine a site for the 1994
World Cup of Soccer and the
commissioner of finance has determined
that the sports commission has secured
revenue from local and private sources
that will be sufficient to retire the
bonds sold to finance this
appropriation. The bonds sold for this
appropriation shall be revenue bonds.
The legislature intends not to
appropriate money from the general fund
to pay for these bonds.
Sec. 26. HOUSING FINANCE AGENCY
Transitional Housing 1,500,000
This appropriation is for transfer to
the local government unit housing
account created by new Minnesota
Statutes, section 462A.202, in the
housing development fund.
Sec. 27. MILITARY AFFAIRS
To the adjutant general to
prepare plans for an education center
at Camp Ripley 200,000
The adjutant general shall use the
unencumbered balance from the
appropriation in Laws 1984, chapter
597, section 9, paragraph (d), for the
planning of a new armory and military
affairs building. The department of
military affairs shall continue to
occupy the veterans service building
until the department has secured the
federal funds and the legislature has
acted on a governor's recommendation
for funding of a new armory/military
affairs building.
Sec. 28. BOND SALE EXPENSES
To the commissioner of finance
for bond sale expenses under Minnesota
Statutes, section 16A.641, subdivision 8 386,000
Sec. 29. DEBT SERVICE
The commissioner of finance shall
schedule the sale of state general
obligation bonds so that, during the
biennium ending June 30, 1991, no more
than $369,000,000 will need to be
transferred from the general fund to
the state bond fund to pay principal
and interest due and to become due on
outstanding state general obligation
bonds, other than general obligation
special tax bonds or infrastructure
development bonds. Before each sale of
state general obligation bonds, the
commissioner of finance shall calculate
the amount of debt service payments
needed on bonds previously issued and
shall estimate the amount of debt
service payments that will be needed on
the bonds scheduled to be sold. The
commissioner shall adjust the amount of
bonds scheduled to be sold so as to
remain within the limit set by this
section. The amount needed to make the
debt service payments is appropriated
from the general fund as provided in
Minnesota Statutes, section 16A.641.
Sec. 30. [BOND SALE.]
Subdivision 1. [BOND PROCEEDS FUND.] To provide the money
appropriated in this act from the state bond proceeds fund the
commissioner of finance, on request of the governor, shall sell
and issue bonds of the state in an amount up to $109,525,000 in
the manner, upon the terms, and with the effect prescribed by
Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7.
Subd. 2. [INFRASTRUCTURE DEVELOPMENT FUND.] To provide the
money appropriated in this act from the infrastructure
development fund, the commissioner of finance, on request of the
governor, shall sell and issue bonds of the state in an amount
up to $243,665,000 in the manner, upon the terms, and with the
effect prescribed by Minnesota Statutes, sections 16A.631 to
16A.675, and by the Minnesota Constitution, article XI, sections
4 to 7.
Subd. 3. [TRANSPORTATION FUND.] To provide the money
appropriated in this act from the state transportation fund, the
commissioner of finance, on request of the governor, shall sell
and issue bonds of the state in an amount up to $11,200,000 in
the manner, upon the terms, and with the effect prescribed by
Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7. The
proceeds of the bonds, except accrued interest and any premium
received on the sale of the bonds, must be credited to a bond
proceeds account in the state transportation fund.
Sec. 31. [PLANNING.]
During the biennium, in its planning for new program
offerings at a particular institution, each public
post-secondary education governing board shall consider the
availability of physical space and the adequacy of facilities at
that institution. If the board determines that new space or
facilities are required, it shall examine the feasibility of
developing the program at a different institution within its
system or in cooperation with other systems.
Sec. 32. [BOND SALE REDUCTION.]
The bond sale authorization in Laws 1979, chapter 300,
section 4, subdivision 3 for construction of local dams is
reduced by $129,000.
Sec. 33. Minnesota Statutes 1989 Supplement, section
16A.631, is amended to read:
16A.631 [BOND PROCEEDS FUND.]
The bond proceeds fund is established to receive state bond
the proceeds appropriated to agencies to acquire and to better
public land and buildings and other public improvements of a
capital nature, as authorized by of state bonds issued under the
constitution, article XI, section 5, clause (a). The
commissioner shall establish in the fund accounts having titles
that reflect the state purpose or program for which the bond
proceeds are appropriated and authorized to be expended.
Sec. 34. [16A.632] [CAPITAL ASSET PRESERVATION AND
REPLACEMENT ACCOUNT.]
Subdivision 1. [ESTABLISHMENT.] A capital asset
preservation and replacement account is established in the state
bond proceeds fund established by section 16A.631, separate from
any other accounts maintained in that fund, to receive state
bond proceeds appropriated to the commissioner of administration
to be expended for the purpose and in accordance with the
standards and criteria set forth in this section.
Subd. 2. [STANDARDS.] Article XI, section 5, clause (a),
of the constitution states general obligation bonds may be
issued to finance only the acquisition or betterment of state
land, buildings, and improvements of a capital nature. In
interpreting this and applying it to the purposes of the program
contemplated in this section, the following standards are
adopted for the disbursement of money from the capital asset
preservation and replacement account:
(a) No new land, buildings, or major new improvements will
be acquired. These projects, including all capital expenditures
required to permit their effective use for the intended purpose
on completion, will be estimated and provided for individually
through a direct appropriation for each project.
(b) An expenditure will be made from the account only when
it is a capital expenditure on a capital asset previously owned
by the state, within the meaning of accepted accounting
principles as applied to public expenditures. The commissioner
of administration will consult with the commissioner of finance
to the extent necessary to ensure this and will furnish the
commissioner of finance a list of projects to be financed from
the account in order of their priority. The commissioner shall
also furnish each revision of the list. The legislature assumes
that many provisions for preservation and replacement of
portions of existing capital assets will constitute betterments
and capital improvements within the meaning of the constitution
and capital expenditures under correct accounting principles,
and will be financed more efficiently and economically under the
program than by direct appropriations for specific projects.
However, the purpose of the program is to accumulate data
showing how additional costs may be saved by appropriating money
from the general fund for preservation measures, the necessity
of which is predictable over short periods.
(c) The commissioner of administration will furnish
instructions to agencies to apply for funding of capital
expenditures for preservation and replacement from the account,
will review applications, will make initial allocations among
types of eligible projects enumerated below, will determine
priorities, and will allocate money in priority order until the
available appropriation has been committed. Under section
14.02, subdivision 4, these instructions and allocations do not
constitute rules and the other provisions of chapter 14 do not
apply to them.
(d) Categories of projects considered likely to be most
needed and appropriate for financing are the following:
(1) unanticipated emergencies of all kinds, for which a
relatively small amount should be initially reserved, replaced
from money allocated to low-priority projects, if possible, as
emergencies occur, and used for stabilization rather than
replacement if the cost would exhaust the account and should be
specially appropriated;
(2) projects to remove life safety hazards, like
replacement of mechanical systems, building code violations, or
structural defects, at costs not large enough to require major
capital requests to the legislature;
(3) elimination or containment of hazardous substances like
asbestos or PCBs; and
(4) moderate cost replacement and repair of roofs, windows,
tuckpointing, and structural members necessary to preserve the
exterior and interior of existing buildings.
Subd. 3. [CRITERIA FOR PRIORITY.] Criteria can be stated
only in general terms, as it is the purpose of the program to
improve the allocation of limited amounts of borrowed money by
enlisting the engineering expertise of the department of
administration and the closer knowledge and experience of this
and all other agencies in determining relative needs as they
develop. The following criteria must be considered:
(a) Urgency in ensuring the safety of use of existing
buildings is the first criterion to be applied. It will require
judgments, for example, about the useful life of electric and
mechanical systems and roofs, in relation to the remaining
useful life of each building, and about the presence of
hazardous substances and structural defects in the light of
present building regulations.
(b) Economy is also to be determined and may even reinforce
a decision based on the first criterion, if the project would
forestall a larger future capital expenditure or would reduce
operating expense.
(c) Absolute cost must also be considered. It may be too
high to warrant funding except by an additional appropriation,
or so high as to warrant a recommendation to abandon or to
replace the building. It may be so low as to permit payment out
of an agency's operating budget.
Sec. 35. Minnesota Statutes 1988, section 16A.641,
subdivision 6, is amended to read:
Subd. 6. [TAXABILITY; CERTIFICATION.] The commissioner
shall ascertain from state records and certify to the holders of
each series of state bonds, subject to the approval of the
attorney general, that all conditions exist and all actions have
been taken that are needed to make the bonds valid and binding
general obligations of the state in accordance with their terms.
The commissioner shall also certify for the state the facts,
estimates, and circumstances on the date of issue that lead the
commissioner reasonably to expect that the proceeds will not be
used in a way that would make the bonds arbitrage bonds under
section 103(c) of the Internal Revenue Code and related federal
regulations.
The bonds may be issued with or without regard to whether
the interest to be paid on them is includable in gross income
for federal tax purposes. If it is intended that the interest
on the bonds be exempt from federal income taxes, the
commissioner shall certify for the state on the date of issue
the facts, estimates, and circumstances that lead the
commissioner reasonably to expect that the proceeds of the bonds
and the projects financed by them will not be used in a way that
would cause the interest on the bonds to be subject to federal
income taxes. The commissioner may covenant with the holders of
the bonds that the state will comply with the provisions of the
United States Internal Revenue Code then or later enacted that
apply or may apply to the bonds and that establish conditions
under which the interest to be paid on the bonds will not be
subject to federal income taxes. The commissioner and all other
state officers shall act or refrain from acting as necessary to
comply with the covenants. A sum sufficient to meet the cost of
compliance is annually appropriated to the commissioner from the
general fund.
Sec. 36. Minnesota Statutes 1989 Supplement, section
16A.641, subdivision 7, is amended to read:
Subd. 7. [CREDIT OF PROCEEDS.] (a) Proceeds of bonds
issued under each law must be credited by the commissioner to a
special fund, as provided in this subdivision.
(b) Accrued interest and any premium received on sale of
the bonds must be credited to the state bond fund created by the
constitution, article XI, section 7.
(c) Except as otherwise provided by law, proceeds of
state building bonds issued under the constitution, article XI,
section 5, clause (a), must be credited to the bond proceeds
fund under established by section 16A.631.
(d) Proceeds of state highway bonds must be credited to the
trunk highway fund under the constitution, article XIV, section
6.
(e) Proceeds of bonds issued for programs of grants or
loans to political subdivisions must be credited to special
accounts in the bond proceeds fund or to special funds
established by laws stating the purposes of the grants or loans,
and the standards and criteria under which an executive agency
is authorized to make them.
(f) Proceeds of refunding bonds must be credited to the
state bond fund as provided in section 16A.66, subdivision 1.
(g) Proceeds of other bonds must be credited as provided in
the law authorizing their issuance.
Sec. 37. [16A.662] [INFRASTRUCTURE DEVELOPMENT BONDS.]
Subdivision 1. [INFRASTRUCTURE DEVELOPMENT FUND.] The
infrastructure development fund is created as an account in the
state treasury. The commissioner of finance shall credit to the
fund income from the sources provided by law. The commissioner
of finance shall from time to time certify to the state board of
investment the assets of the fund not currently needed. The
amount certified must be invested by the state board of
investment subject to section 11A.24. Investment income and
investment losses attributable to investment of fund assets must
be credited to or borne by the fund.
Subd. 2. [BONDS AUTHORIZED.] When authorized by law
enacted in accordance with the constitution, article XI,
sections 5 and 7, the commissioner may by order sell and issue
infrastructure development bonds of the state evidencing public
debt incurred for any purpose stated in the law. The bonds are
general obligations of the state, and the full faith and credit
of the state are pledged for their payment.
Subd. 3. [MANNER OF ISSUANCE; MATURITIES.] The bonds must
be issued and sold in accordance with section 16A.641. Sections
16A.672 and 16A.675 apply to the bonds.
Subd. 4. [ESTABLISHMENT OF DEBT SERVICE ACCOUNT;
APPROPRIATION OF DEBT SERVICE ACCOUNT MONEY.] There is
established within the state bond fund a separate and special
account designated as the infrastructure development bond debt
service account. There must be transferred to this debt service
account in each fiscal year from money in the infrastructure
development fund, other than bond proceeds and interest earned
on bond proceeds, an amount sufficient to increase the balance
on hand in the debt service account on each December 1 to an
amount equal to the full amount of principal and interest to
come due on all outstanding infrastructure development bonds to
and including the second following July 1. The amount necessary
to make the transfer is appropriated from the infrastructure
development fund. The money on hand in the debt service account
must be used solely for the payment of the principal of, and
interest on, the bonds, and is appropriated for this purpose.
This appropriation does not cancel as long as any of the bonds
remain outstanding.
Subd. 5. [ASSESSMENT TO HIGHER EDUCATION SYSTEMS.] (a) In
order to reduce the amount otherwise required to be transferred
under subdivision 4, the commissioner of finance shall assess
each higher education system for one-third the amount that would
otherwise need to be transferred with respect to infrastructure
development bonds sold to finance capital improvement projects
at institutions under the control of the system; provided that,
to the extent that the amount to be transferred is for payment
of principal and interest on bonds sold to finance life safety
improvements, the commissioner must not assess the higher
education systems for the transfer.
(b) After each sale of infrastructure development bonds,
the commissioner of finance shall notify the state board for
vocational technical education, the state board for community
colleges, the state university board, and the regents of the
University of Minnesota of the amounts for which each system is
responsible for each year for the life of the bonds. The
amounts payable each year are reduced by one-third of the net
income from investment of infrastructure development bond
proceeds that must be allocated among the systems in proportion
to the amount of principal and interest otherwise required to be
paid by each. Each higher education system shall pay its annual
share of debt service payments to the commissioner of finance by
December 1 each year. If a higher education system fails to
make a payment when due, the commissioner of finance shall
reduce allotments for appropriations from the general fund
otherwise payable to the system to cover the amount of the
missed debt service payment. The commissioner of finance shall
credit the payments received from the higher education systems
to the infrastructure development bond debt service account in
the state bond fund each December 1 before the transfer is made
under subdivision 4.
Subd. 6. [APPROPRIATION FROM GENERAL FUND.] There is
annually appropriated from the general fund for transfer to the
infrastructure development bond debt service account the amount
that, added to the amount in the infrastructure development bond
debt service account on December 1 each year, after giving
effect to subdivisions 4 and 5, is equal to the full amount of
principal and interest to come due on all bonds to and including
July 1 in the second ensuing year.
Subd. 7. [CONSTITUTIONAL TAX LEVY.] Under the
constitution, article XI, section 7, the state auditor must levy
each year on all taxable property within the state a tax
sufficient, with the amount then on hand in the infrastructure
development bond debt service account, to pay all principal and
interest on the bonds due and to become due to and including
July 1 in the second ensuing year. The tax is not subject to
limit as to rate or amount. However, the amount of money
appropriated from other sources as provided in subdivisions 4,
5, and 6, and actually received and on hand before the levy in
any year, reduces the amount of the tax otherwise required to be
levied. The proceeds of the tax must be credited to the
infrastructure development bond debt service account.
Subd. 8. [APPLICATION AND APPROPRIATION OF PROCEEDS.] The
proceeds of the bonds must be deposited and spent as provided in
this subdivision and are appropriated for those purposes. Any
accrued interest and any premium received on the sale of the
bonds must be credited to the infrastructure development bond
debt service account. Except as otherwise required by law, the
balance of the bond proceeds shall be credited to the
infrastructure development fund and spent for the purposes
specified in the law authorizing the issuance of the bonds. So
much of the proceeds as is necessary must be used to pay costs
incurred in issuing and selling the bonds.
Sec. 38. [TUITION NOT INCREASED.]
Tuition must not be increased to meet each higher education
system's annual share of debt service payments. Existing
internal resources must be used to meet each system's share as
follows: (i) existing instructional funds must be used for
capital improvement projects for instructional purposes, and
(ii) existing noninstructional funds must be used for capital
improvement projects for noninstructional purposes. This
section is repealed July 1, 1991.
Sec. 39. Minnesota Statutes 1988, section 16A.672, is
amended by adding a subdivision to read:
Subd. 9a. [TAXABILITY; CERTIFICATION.] Certificates may be
issued with or without regard to whether the interest to be paid
on them is includable in gross income for federal tax purposes.
If it is intended that the interest on the certificates be
exempt from federal income taxes, the commissioner shall certify
for the state on the date of issue the facts, estimates, and
circumstances that lead the commissioner reasonably to expect
that the proceeds of the certificates will not be used in a way
that would cause the interest on the certificates to be subject
to federal income taxes. The commissioner may covenant with the
holders of the certificates that the state will comply with the
provisions of the United States Internal Revenue Code then or
later enacted that apply or may apply to the certificates and
that establish conditions under which the interest to be paid on
the certificates will not be subject to federal income taxes.
The commissioner and all other state officers shall act or
refrain from acting as necessary to comply with the covenants.
A sum sufficient to meet the cost of compliance is annually
appropriated to the commissioner from the general fund.
Sec. 40. Minnesota Statutes 1989 Supplement, section
16A.69, subdivision 1, is amended to read:
Subdivision 1. [APPROPRIATIONS INTO SINGLE PROJECT
ACCOUNT.] The commissioner shall place the money from two or
more appropriations for the same or related projects in one
account if all the appropriations do not lapse until their
purposes are accomplished or abandoned. The commissioner of
administration agency to whom the appropriation was made shall
first certify which accounts are involved to the commissioner.
Sec. 41. Minnesota Statutes 1988, section 16B.31, is
amended by adding a subdivision to read:
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 five 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.
Sec. 42. Minnesota Statutes 1989 Supplement, section
16B.335, subdivision 2, is amended to read:
Subd. 2. [OTHER PROJECTS.] All other capital projects
except for those contained in agency operations budgets,
including building improvements, small structures at experiment
stations, asbestos removal, life safety, PCB removal,
tuckpointing, roof repair, code compliance, landscaping,
drainage, electrical and mechanical systems work, paving of
streets, parking lots, and the like must not proceed until the
agency undertaking the project has notified the chair of the
senate finance committee and the chair of the house
appropriations committee that the work is ready to begin.
Sec. 43. Minnesota Statutes 1988, section 116O.12, is
amended to read:
116O.12 [GREATER MINNESOTA ACCOUNT.]
(a) The Greater Minnesota account is in the special revenue
fund. Money in the account not needed for the immediate
purposes of the corporation may be invested by the state board
of investment in any way authorized by section 11A.24. Money in
the account is appropriated to the corporation to be used as
provided in this chapter.
(b) The account consists of:
(1) money appropriated and transferred from other state
funds;
(2) fees and charges collected by the corporation;
(3) income from investments and purchases;
(4) revenue from loans, rentals, royalties, dividends, and
other proceeds collected in connection with lawful corporate
purposes;
(5) gifts, donations, and bequests made to the corporation;
and
(6) through the first five full fiscal years, during which
proceeds from the lottery are received, one-half of the net
proceeds of the state-operated lottery must be credited to the
Greater Minnesota Corporation account. Thereafter, up to
one-half, as determined by law each biennium, of the net
proceeds from the state-operated lottery must be credited to the
Greater Minnesota Corporation account other income credited to
the account by law.
Sec. 44. Minnesota Statutes 1988, section 116P.04,
subdivision 3, is amended to read:
Subd. 3. [REVENUE.] Revenue collected in accordance with
subdivision 2 must be deposited monthly in the trust fund
account. Nothing in sections 116P.01 to 116P.12 limits the
source of contributions to the trust fund.
Sec. 45. [BOND ISSUE; MAXIMUM EFFORT LOANS; 1990.]
To provide money to be loaned to school districts as
agencies and political subdivisions of the state to acquire and
to better public land and buildings and other public
improvements of a capital nature, in the manner provided by the
maximum effort school aid law, the commissioner of finance shall
issue and sell school loan bonds of the state of Minnesota in
the maximum amount of $23,000,000, in addition to the bonds
already authorized for this purpose. The bonds must be issued
and sold and provision for their payment must be made according
to section 124.46. Expenses incidental to the sale, printing,
execution, and delivery of the bonds, including, but without
limitation, actual and necessary travel and subsistence expenses
of state officers and employees for those purposes, must be paid
from the maximum effort school loan fund, and the money
necessary for the expenses is appropriated from that fund.
Sec. 46. Minnesota Statutes 1988, section 136.62, is
amended by adding a subdivision to read:
Subd. 9. [AUTHORIZATION TO SEEK FINANCING.] A community
college must not seek financing for child care facilities
through the higher education facilities authority, as provided
in section 47, without the explicit authorization of the state
board.
Sec. 47. Minnesota Statutes 1988, section 136A.28,
subdivision 3, is amended to read:
Subd. 3. "Project" means a structure or structures
available for use as a dormitory or other student housing
facility, a dining hall, student union, administration building,
academic building, library, laboratory, research facility,
classroom, athletic facility, health care facility, child care
facility, and maintenance, storage, or utility facility and
other structures or facilities related thereto or required or
useful for the instruction of students or the conducting of
research or the operation of an institution of higher education,
whether proposed, under construction, or completed, including
parking and other facilities or structures essential or
convenient for the orderly conduct of such institution for
higher education, and shall also include landscaping, site
preparation, furniture, equipment and machinery and other
similar items necessary or convenient for the operation of a
particular facility or structure in the manner for which its use
is intended but shall not include such items as books, fuel,
supplies or other items the costs of which are customarily
deemed to result in a current operating charge, and shall not
include any facility used or to be used for sectarian
instruction or as a place of religious worship nor any facility
which is used or to be used primarily in connection with any
part of the program of a school or department of divinity for
any religious denomination.
Sec. 48. Minnesota Statutes 1988, section 136A.28,
subdivision 7, is amended to read:
Subd. 7. "Participating institution of higher education"
means an institution of higher education which, pursuant to
that, under the provisions of sections 136A.25 to 136A.42,
undertakes the financing and construction or acquisition of a
project or undertakes the refunding or refinancing of
obligations or of a mortgage or of advances as provided in
sections 136A.25 to 136A.42. Community colleges and technical
colleges may be considered participating institutions of higher
education for the purpose of financing and constructing child
care facilities.
Sec. 49. Minnesota Statutes 1988, section 136C.04,
subdivision 4, is amended to read:
Subd. 4. [BUDGET REQUESTS.] The state board shall review
and approve, disapprove, or modify the biennial budget requests
for post-secondary vocational education operations and
facilities submitted by the state director. The state board
shall submit the approved biennial budget requests to the
governor. A technical college must not seek financing for child
care facilities through the higher education facilities
authority, as provided in section 47, without the explicit
authorization of the state board.
Sec. 50. Minnesota Statutes 1989 Supplement, section
136C.05, subdivision 5, is amended to read:
Subd. 5. [USE OF PROPERTY.] (a) A school board must not
sell, lease, or assign technical institute property for purposes
other than technical institute activities without the approval
of the state director. A school board need not obtain approval
for uses that are incidental.
(b) Notwithstanding section 123.36, subdivision 13,
proceeds from the sale, exchange, lease, or assignment of
technical college land or buildings shall be used to repay any
remaining debt service on the land or buildings. Subject to the
approval of the state director, any remaining proceeds shall be
placed in the post-secondary capital expenditure, repair and
replacement, or construction fund.
(c) The proceeds of any arbitration or litigation resulting
from claims involving technical college property shall be placed
in the technical college repair and replacement fund.
Sec. 51. Minnesota Statutes 1988, section 136C.07,
subdivision 5, is amended to read:
Subd. 5. No district shall expend funds from any source
for the acquisition or betterment of lands or buildings or, for
capital improvements, or for plans or specifications for
betterment of lands or buildings needed for a technical
institute without the approval of the state board and
authorization by specific legislative act if that acquisition,
betterment or capital improvement requires the expenditure of
$250,000 or more, or adds more than 1,000 gross square feet to a
post-secondary vocational facility, or requires the issuance of
school district bonds. No acquisition or betterment of lands or
buildings or capital improvement which requires the expenditure
of $50,000 or more but less than $250,000 or which changes the
perimeter walls of an existing facility shall be carried out
without the approval of the state board. No acquisition or
betterment of lands or buildings or capital improvement which
requires the expenditure of less than $50,000, which does not
change a perimeter wall and which does not require the issuance
of school district bonds, shall be carried out without the
approval of the state director of vocational technical
education. As used in this subdivision, the terms "acquisition"
and "betterment," as applied to lands and buildings, and
"capital improvement" shall have the meanings ascribed to them
in chapter 475, but shall not include the acquisition or
betterment of machinery or equipment.
Sec. 52. Minnesota Statutes 1989 Supplement, section
349A.10, subdivision 5, is amended to read:
Subd. 5. [DEPOSIT OF NET PROCEEDS.] Within 30 days after
the end of each month, the director shall pay to the state
treasurer deposit in the state treasury the net proceeds of the
lottery, which is the balance in the lottery fund after
transfers to the lottery prize fund and credits to the lottery
operations account. Of the net proceeds, 40 percent must be
credited to the Minnesota environment and natural resources
trust fund, 28.3 percent must be credited to the infrastructure
development fund for capital improvement projects at state
institutions of higher education, 6.7 percent must be credited
to the infrastructure development fund for capital improvement
projects to develop or protect the state's environment and
natural resources, and, through the first ten full fiscal years
during which proceeds from the lottery are received, 25 percent
must be credited to the Greater Minnesota account in the special
revenue fund.
Sec. 53. [462A.202] [LOCAL GOVERNMENT UNIT HOUSING
ACCOUNT.]
Subdivision 1. [ACCOUNT.] The local government unit
housing account is established as a separate account in the
housing development fund. Money in the account is appropriated
to the agency for the purposes specified in this section.
Subd. 2. [TRANSITIONAL HOUSING.] The agency may make loans
or grants to local government units to finance the acquisition,
improvement, and rehabilitation of existing housing properties
for the purposes of providing transitional housing, upon terms
and conditions the agency determines. Preference must be given
to local government units that propose to acquire properties
being sold by the resolution trust corporation or the department
of housing and urban development. The local government unit may
contract with a nonprofit or for-profit organization to manage
the property and to operate a transitional housing program on
the property on behalf of the local government unit, on terms
and conditions approved by the agency. The local government
unit shall retain ownership of the property for at least 20
years. After 20 years, the sale of a property before the
expiration of its useful life must be at its fair market value,
and the net proceeds of sale must be used for the same purpose
or repaid to the agency for deposit in the local government unit
housing account.
Subd. 3. [PUBLICLY OWNED HOUSING REHABILITATION AND
MODERNIZATION.] The agency may make loans or grants to local
government units to finance the rehabilitation and modernization
of publicly owned housing units. The local government unit
shall retain ownership of the property for at least 20 years.
The sale of property prior to the expiration of its useful life
shall be at its fair market value, and the net proceeds of sale
shall be used for the same purpose or repaid to the agency for
deposit in the account established in subdivision 1.
Subd. 4. [SUBSIDIZED RENTAL HOUSING PRESERVATION.] The
agency may make loans or grants to local government units to
finance the acquisition and rehabilitation of federally
subsidized multifamily rental housing for the purpose of
preserving the housing for the use of low- and moderate-income
persons, upon the terms and conditions as the agency may
determine. The local government unit may contract with a
nonprofit or for-profit organization to manage the property, on
terms and conditions approved by the agency. The local
government unit shall retain ownership of the property for at
least 20 years. The sale of a property prior to the expiration
of its useful life shall be at its fair market value, and the
net proceeds of sale shall be used for the same purpose or
repaid to the agency for deposit in the account established in
subdivision 1.
Subd. 5. [SPECIFIC APPROPRIATION NECESSARY.] The agency
may only make grants or loans to local governments under
subdivisions 3 and 4 from funds specifically appropriated by the
legislature for that purpose.
Sec. 54. [CONSTITUTIONAL AMENDMENT.]
The following amendment to the Minnesota Constitution,
article XI, section 14, is proposed to the people. If the
amendment is adopted, the section will read as follows:
Sec. 14. A permanent Minnesota environment and natural
resources trust fund is established in the state treasury. The
principal of the environment and natural resources trust fund
must be perpetual and inviolate forever, except appropriations
may be made from up to 25 percent of the annual revenues
deposited in the fund until fiscal year 1997 and loans may be
made of up to five percent of the principal of the fund for
water system improvements as provided by law. This restriction
does not prevent the sale of investments at less than the cost
to the fund, however, all losses not offset by gains shall be
repaid to the fund from the earnings of the fund. The net
earnings from the fund shall be appropriated in a manner
prescribed by law for the public purpose of protection,
conservation, preservation, and enhancement of the state's air,
water, land, fish, wildlife, and other natural resources. Not
less than 40 percent of the net proceeds from any state-operated
lottery must be credited to the fund until the year 2001.
Sec. 55. [SUBMISSION TO VOTERS.]
The proposed amendment shall be submitted to the people at
the 1990 general election. The question submitted shall be:
"Shall the Minnesota Constitution be amended to dedicate
not less than 40 percent of the net proceeds from the state
lottery to the Minnesota environment and natural resources trust
fund for environment, natural resources, and wildlife purposes
until the year 2001?
Yes .......
No ........"
Sec. 56. Laws 1979, chapter 280, section 2, as amended by
Laws 1982, chapter 617, section 25, Laws 1985, chapter 299,
section 39, Laws 1985, First Special Session, chapter 16,
article 2, section 16, and Laws 1989, chapter 300, article 1,
section 34, is amended to read:
Sec. 2. [APPROPRIATION.] Subdivision 1. $60,000,000, or
so much thereof as is determined to be needed, is appropriated
from the Minnesota state transportation fund to the department
of transportation to be expended for disbursement in the form of
grants by the commissioner of transportation for construction
and reconstruction of key bridges on the state transportation
system and shall be allocated pursuant to subdivisions 2 and 3.
The appropriation shall not lapse, but shall remain available
until expended.
Subd. 2. $58,500,000 (a) $59,309,000 or so much thereof as
is needed, is available for expenditure for grants to political
subdivisions for construction and reconstruction of key bridges
on highways, streets and roads under their jurisdiction. The
grants shall not exceed the following aggregate amounts:
(1) To counties.... $16,220,000 $16,720,000
(2) To home rule charter and statutory cities....
$2,620,000 $2,729,000
(3) To towns.... $23,160,000 $23,360,000
(b) Grants under clauses (1) to (3) may be used by
political subdivisions to match federal-aid grants for
construction and reconstruction of key bridges under their
jurisdictions. Additional grants may be made in an aggregate
amount not to exceed $16,500,000 to the political subdivisions
to match federal-aid grants for construction and reconstruction
of key bridges under their jurisdiction. Appropriations made in
subdivisions 1, 2, or and 3 may also be used for the following
purposes:
(1) The costs of abandoning an existing bridge that is
deficient and is in need of replacement, but where no
replacement will be made.
(2) The costs of constructing a road or street that would
facilitate the abandonment of an existing bridge determined to
be deficient. The construction of the road or street must be
judged to be more cost efficient than the reconstruction or
replacement of the existing bridge.
Subd. 3. An additional amount not to exceed
$1,500,000 $691,000 is available for grants for preliminary
engineering and environmental studies pursuant to section 3
Minnesota Statutes, section 174.50, subdivision 6a.
Sec. 57. Laws 1989, chapter 329, article 5, section 21,
subdivision 8, is amended to read:
Subd. 8. [MAXIMUM EFFORT SCHOOL LOAN FUND.] For the
maximum effort school loan fund:
$855,500 ....... 1990
$2,100,000 $3,082,000 ..... 1991
These appropriations shall be placed in the loan repayment
account of the maximum effort school loan fund for the payment
of the principal and interest on school loan bonds, as provided
in Minnesota Statutes, section 124.46, to the extent that money
in the fund is not sufficient to pay when due the full amount of
principal and interest due on school loan bonds. The purpose of
these appropriations is to ensure that sufficient money is
available in the fund to prevent a statewide property tax levy
as would otherwise be required pursuant to Minnesota Statutes,
section 124.46, subdivision 3. Notwithstanding the provisions
of Minnesota Statutes, section 124.39, subdivision 5, any amount
of the appropriation made in this section which is not needed to
pay when due the principal and interest due on school loan bonds
shall not be transferred to the debt service loan account of the
maximum effort school loan fund but instead shall cancel and
revert to the general fund.
The 1990 appropriation does not cancel and is available
until July 1, 1991.
Sec. 58. [JOINT LEGISLATIVE STUDY.]
Subdivision 1. [MEMBERSHIP.] A joint legislative study on
capital needs shall be conducted. The study shall be overseen
by a panel composed of the following:
(1) four members of the senate, two of whom must be members
of the majority caucus and two of whom must be members of the
minority caucus, appointed by the subcommittee on committees of
the committee on rules and administration;
(2) four members of the house of representatives, two of
whom must be members of the majority caucus and two of whom must
be members of the minority caucus, appointed by the speaker;
(3) the commissioner of finance or the commissioner's
designee; and
(4) the commissioner of administration or the
commissioner's designee.
Subd. 2. [DUTIES.] The study shall consider ways to
improve the process for planning and funding state capital
projects. The study shall consider:
(1) current and future needs for new state buildings;
(2) repair and maintenance needs of existing buildings;
(3) existing and future use of leased office space or
buildings;
(4) all matters concerning the maintenance, remodeling, and
furnishing of the governor's residence;
(5) other public capital improvements;
(6) methods of improving the capital budget process;
(7) including operating costs for all recommended building
or remodeling projects in capital budget requests;
(8) establishing and continually maintaining a long-term
plan for state building needs and capital improvements;
(9) examining alternative methods of planning state capital
improvements;
(10) examining alternative methods of financing state
capital improvements;
(11) determining the kinds and scope of projects that
should be funded with bond proceeds; and
(12) whether a building commission should be established.
Subd. 3. [REPORT.] The findings and recommendations of the
study shall be reported to the house appropriations and senate
finance committees by February 1, 1991.
Sec. 59. [REPEALER.]
Minnesota Statutes 1988, sections 16A.651; 16A.661,
subdivision 6; and 116P.04, subdivision 2, are repealed.
Sec. 60. [EFFECTIVE DATE.]
This article is effective the day after its final enactment.
Section 51 applies to plans and specifications prepared after
that date.
ARTICLE 2
Section 1. Minnesota Statutes 1988, section 16B.16, is
amended by adding a subdivision to read:
Subd. 3. [LEGISLATIVE INTENT.] The purpose of the energy
efficiency installment purchase contracts authorized by this
section is to save money on energy costs. The entire cost of
the contract must be a percentage of the resultant savings in
energy costs. Neither the state nor any state agency is liable
to make payments on the contract except to the extent that there
are savings in energy costs that must be shared with other
parties to the contract. The legislature intends not to
appropriate any more money to pay for energy costs as a result
of these contracts than would be payable without them.
Sec. 2. Minnesota Statutes 1988, section 41A.03,
subdivision 5, is amended to read:
Subd. 5. [LIMITATION ON LIABILITY.] The liability of the
state for loan guaranties or bonds authorized under this chapter
is limited to the amount of funds appropriated to the guaranty
fund pursuant to section 41A.06. The legislature intends not to
appropriate money from the general fund to the guaranty fund,
other than the sales and use taxes from a project as provided
for in section 41A.06, subdivision 4. The loan guaranties or
bonds are not a general obligation or debt of the state.
Sec. 3. Minnesota Statutes 1988, section 136.31,
subdivision 1, is amended to read:
Subdivision 1. All references in sections 136.31 to 136.38
to the state university board shall be deemed and construed to
include any successor thereof created or established by law.
The state university board is hereby authorized to do the
following:
(a) acquire by purchase or otherwise, construct, complete,
remodel, equip, operate, control, and manage residence halls,
dormitories, dining halls, student union buildings and any other
similar revenue-producing buildings of such type and character
as said board shall from time to time find necessary for the
good and benefit of any of the state universities under the
jurisdiction of said board, and for that purpose may acquire
property of any and every kind and description, whether real,
personal or mixed, by gift, purchase or otherwise; provided that
no contract for the construction of any building shall be
entered into until financing therefor has been approved by the
legislature;
(b) maintain and operate any such buildings or structures
and charge for the use thereof, and carry on such activities, as
are commonly conducted in connection with any such buildings or
structures;
(c) enter into contracts touching in any manner or any
matter within the objects and purposes of sections 136.31 to
136.38;
(d) acquire building sites and buildings or structures by
gift, purchase or otherwise and pledge the revenues thereof for
the payment of any bonds issued for such purpose as provided in
sections 136.31 to 136.38;
(e) borrow money and issue and sell bonds in such amount or
amounts as the legislature shall authorize for the purpose of
acquiring, constructing, completing, remodeling, or equipping
any such buildings or structures, and acquiring sites therefor,
and refund and refinance the same from time to time by the
issuance and sale of refunding bonds as often as it shall in the
board's judgment be advantageous to the public interest so to
do. All such bonds shall be sold and issued by said board in
the manner and upon the terms and conditions provided by chapter
475, except as otherwise provided in this section. Such bonds
shall be payable solely from and secured by an irrevocable
pledge of the revenues to be derived from the operation of any
such buildings or structures acquired, constructed, completed,
remodeled, or equipped in whole or in part with the proceeds of
such bonds and in addition thereto from such other income and
revenues described in section 136.33, clause (a) as said board
by resolution shall specify, and notwithstanding this limitation
all bonds issued hereunder shall have the qualities of
negotiable instruments under the laws of this state. The
legislature intends not to appropriate money from the general
fund to pay for these bonds.
Sec. 4. Minnesota Statutes 1989 Supplement, section
136A.176, is amended to read:
136A.176 [BONDS NOT STATE OBLIGATIONS.]
Bonds issued under authority of sections 136A.15 to
136A.179 do not, and shall state that they do not, represent or
constitute a debt or pledge of the faith and credit of the
state, grant to the owners or holders thereof any right to have
the state levy any taxes or appropriate any funds for the
payment of the principal thereof or interest thereon. Such
bonds are payable and shall state that they are payable solely
from the rentals, revenues, and other income, charges, and
moneys as are pledged for their payment in accordance with the
bond proceedings. The legislature intends not to appropriate
money from the general fund to pay for these bonds.
Sec. 5. Minnesota Statutes 1988, section 136A.35, is
amended to read:
136A.35 [BONDS ARE NOT STATE OBLIGATION.]
Bonds issued under authority of sections 136A.25 to 136A.42
do not, and shall state that they do not, represent or
constitute a debt or pledge of the faith and credit of the
state, grant to the owners or holders thereof any right to have
the state levy any taxes or appropriate any funds for the
payment of the principal thereof or interest thereon. Such
bonds are payable and shall state that they are payable solely
from the rentals, revenues, and other income, charges, and
moneys as are pledged for their payment in accordance with the
bond proceedings. The legislature intends not to appropriate
money from the general fund to pay for these bonds.
Sec. 6. Minnesota Statutes 1989 Supplement, section
298.2211, subdivision 4, is amended to read:
Subd. 4. [OBLIGATIONS NOT STATE DEBT.] Bonds and other
obligations issued by the commissioner pursuant to this section,
along with all related documents, are not general obligations of
the state of Minnesota and are not subject to section 16B.06.
The full faith and credit and taxing powers of the state are not
and may not be pledged for the payment of these bonds or other
obligations, and no person has the right to compel the levy of
any state tax for their payment or to compel the appropriation
of any moneys of the state for their payment except as
specifically provided herein. These bonds and obligations shall
be payable solely from the property and moneys derived by the
commissioner pursuant to the authority granted in this section
that the commissioner pledges to their payment. The legislature
intends not to appropriate money from the general fund to pay
for these bonds or other obligations. All these bonds or other
obligations must contain the provisions of this subdivision or
words to the same effect on their face.
Sec. 7. [EFFECTIVE DATE.]
This article is effective July 1, 1990.
Presented to the governor April 28, 1990
Signed by the governor May 8, 1990, 3:09 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes