Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 634-H.F.No. 984
An act relating to state government; modifying
provisions relating to the department of
administration; including state licensed facilities in
coverage by the state building code; clarifying
certain language and changing certain duties of the
state building inspector and fee provisions;
appropriating money; amending Minnesota Statutes 1992,
sections 13B.04; 16B.24, subdivision 6; 16B.32,
subdivision 2; 16B.42, subdivisions 2, 3, and 4;
16B.465, subdivisions 3 and 6; 16B.48, subdivisions 2
and 3; 16B.49; 16B.51, subdivisions 2 and 3; 16B.60,
subdivision 3, and by adding a subdivision; 16B.61,
subdivisions 1a and 4; 16B.62, subdivision 1; 16B.66;
16B.70, subdivision 2; 16B.72; 16B.73; 16B.85,
subdivision 1; 343.01, subdivisions 2, 3, and by
adding subdivisions; and 403.11, subdivision 1;
Minnesota Statutes 1993 Supplement, sections 16B.42,
subdivision 1; Laws 1979, chapter 333, section 18, as
amended; Laws 1991, chapter 345, article 1, section
17, subdivision 4, as amended; proposing coding for
new law in Minnesota Statutes, chapter 16B; repealing
Minnesota Statutes 1992, sections 3.3026; 16B.56,
subdivision 4; and Laws 1987, chapter 394, section 13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
DEPARTMENT OF ADMINISTRATION
Section 1. Minnesota Statutes 1992, section 13B.04, is
amended to read:
13B.04 [REPORT.]
A responsible authority that participates in a matching
program shall prepare a report describing matching programs in
which the responsible authority has participated during the
previous calendar year. The report must be included in a state
agency's description of its information systems prepared under
section 3.3026, subdivision 3 filed annually with the department
of administration.
Sec. 2. Minnesota Statutes 1992, section 16B.24,
subdivision 6, is amended to read:
Subd. 6. [PROPERTY RENTAL.] (a) [LEASES.] The commissioner
shall rent land and other premises when necessary for state
purposes. Notwithstanding subdivision 6a, paragraph (a), the
commissioner may lease land or premises for five up to ten years
or less, subject to cancellation upon 30 days written notice by
the state for any reason except rental of other land or premises
for the same use. The commissioner may not rent non-state-owned
land and buildings or substantial portions of land or buildings
within the capitol area as defined in section 15.50 unless the
commissioner first consults with the capitol area architectural
and planning board. If the commissioner enters into a
lease-purchase agreement for buildings or substantial portions
of buildings within the capitol area, the commissioner shall
require that any new construction of non-state-owned buildings
conform to design guidelines of the capitol area architectural
and planning board. Lands needed by the department of
transportation for storage of vehicles or road materials may be
rented for five years or less, such leases for terms over two
years being subject to cancellation upon 30 days written notice
by the state for any reason except rental of other land or
premises for the same use. An agency or department head must
consult with the chairs of the house appropriations and senate
finance committees before entering into any agreement that would
cause an agency's rental costs to increase by ten percent or
more per square foot or would increase the number of square feet
of office space rented by the agency by 25 percent or more in
any fiscal year.
(b) [USE VACANT PUBLIC SPACE.] No agency may initiate or
renew a lease for space for its own use in a private building
unless the commissioner has thoroughly investigated presently
vacant space in public buildings, such as closed school
buildings, and found that none is available or use of the space
is not feasible, prudent, and cost effective compared with
available alternatives.
(c) [PREFERENCE FOR CERTAIN BUILDINGS.] For needs beyond
those which can be accommodated in state-owned buildings, the
commissioner shall acquire and utilize space in suitable
buildings of historical, architectural, or cultural significance
for the purposes of this subdivision unless use of that space is
not feasible, prudent and cost effective compared with available
alternatives. Buildings are of historical, architectural, or
cultural significance if they are listed on the national
register of historic places, designated by a state or county
historical society, or designated by a municipal preservation
commission.
(d) [RECYCLING SPACE.] Leases for space of 30 days or more
for 5,000 square feet or more must require that space be
provided for recyclable materials.
Sec. 3. Minnesota Statutes 1992, section 16B.32,
subdivision 2, is amended to read:
Subd. 2. [ENERGY CONSERVATION GOALS; EFFICIENCY PROGRAM.]
(a) The commissioner of administration in consultation with the
department of public service, in cooperation with one or more
public utilities or comprehensive energy services providers, may
conduct a shared-savings program involving energy conservation
expenditures of up to $15,000,000 by July 1, 1996, on
state-owned buildings. The public utility or energy services
provider shall contract with appropriate state agencies to
implement energy efficiency improvements in the selected
buildings. A contract must require the public utility or energy
services provider to include all energy efficiency improvements
in selected buildings that are calculated to achieve a cost
payback within ten years. The contract must require that the
public utility or energy services provider be repaid solely from
energy cost savings and only to the extent of energy cost
savings. Repayments must be interest-free. The goal of the
program in this paragraph is to demonstrate that through
effective energy conservation the total energy consumption per
square foot of state-owned and wholly state-leased buildings
could be reduced by at least 25 percent, and climate control
energy consumption per square foot could be reduced by at least
15 percent from consumption in the base year of 1990. All
agencies participating in the program must report to the
commissioner of administration their monthly energy usage,
building schedules, inventory of energy-consuming equipment, and
other information as needed by the commissioner to manage and
evaluate the program.
(b) The commissioner may exclude from the program of
paragraph (a) a building in which energy conservation measures
are carried out. "Energy conservation measures" means measures
that are applied to a state building that improve energy
efficiency and have a simple return of investment in five ten
years or within the remaining period of a lease, whichever time
is shorter, and involves energy conservation, conservation
facilities, renewable energy sources, improvements in operations
and maintenance efficiencies, or retrofit activities.
(c) By January 1, 1993, the commissioner shall submit to
the legislature a report that includes:
(1) an energy use survey of new or added space state
buildings occupy;
(2) a plan for conserving energy without undertaking any
physical alterations of the space;
(3) recommendations for physical alterations that would
enable the agency to conserve additional energy along with an
estimate of the cost of the alterations; and
(4) recommendations for additional legislation needed to
achieve the goal along with an estimate of any costs associated
with the recommended legislation.
Sec. 4. Minnesota Statutes 1993 Supplement, section
16B.42, subdivision 1, is amended to read:
Subdivision 1. [COMPOSITION.] The commissioner of
administration shall appoint an intergovernmental information
systems advisory council, to serve at the pleasure of the
commissioner of administration, consisting of 25 members.
Fourteen members shall be appointed or elected officials of
local governments, seven shall be representatives of state
agencies, and four shall be selected from the community at
large. Further, the council shall be is composed of (1) two
members from each of the following groups: counties outside of
the seven county metropolitan area, cities of the second and
third class outside the metropolitan area, cities of the second
and third class within the metropolitan area, and cities of the
fourth class; (2) one member from each of the following groups:
the metropolitan council, an outstate regional body, counties
within the metropolitan area, cities of the first class, school
districts in the metropolitan area, and school districts outside
the metropolitan area, and public libraries; (3) one member each
from appointed by the state departments of administration,
education, human services, revenue, and jobs and training, the
office of strategic and long-range planning, and the legislative
auditor; (4) one member from the office of the state auditor,
appointed by the auditor; and (5) four members from the state
community at large. To the extent permitted by resources the
commissioner shall furnish staff and other assistance as
requested by the council the assistant commissioner of
administration for the information policy office; (6) one member
appointed by each of the following organizations: league of
Minnesota cities, association of Minnesota counties, Minnesota
association of township officers, and Minnesota association of
school administrators; and (7) one member of the house of
representatives appointed by the speaker and one member of the
senate appointed by the subcommittee on committees of the
committee on rules and administration. The legislative members
appointed under clause (7) are nonvoting members. The
commissioner of administration shall appoint members under
clauses (1) and (2). The terms, compensation, and removal of the
appointed members of the advisory council shall be are as
provided in section 15.059, but the council does not expire
until June 30, 1995 1997.
Sec. 5. Minnesota Statutes 1992, section 16B.42,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] The council shall: assist the
commissioner state and local agencies in developing and updating
intergovernmental information systems, including data
definitions, format, and retention standards; recommend to the
commissioner policies and procedures governing the collection,
security, and confidentiality of data; facilitate participation
of users during the development of major revisions of
intergovernmental information systems; review intergovernmental
information and computer systems involving intergovernmental
funding; encourage cooperative efforts among state and local
governments in developing intergovernmental information systems
to meet individual and collective, operational, and external
needs; bring about the necessary degree of standardization
consistent with local prerogatives; yield fiscal and other
information required by state and federal laws and regulations
in readily usable form; present local government concerns to
state government and state government concerns to local
government with respect to intergovernmental information
systems; develop and recommend standards and policies for
intergovernmental information systems to the information policy
office; foster the efficient use of available federal, state,
local, and private resources for the development
of intergovernmental systems; keep local governments government
agencies abreast of the state of the art in information systems,
and; prepare guidelines for intergovernmental systems; assist
the commissioner of administration in the development of
cooperative contracts for the purchase of information system
equipment and software; and assist the legislature by providing
advice on intergovernmental information systems issues.
Sec. 6. Minnesota Statutes 1992, section 16B.42,
subdivision 3, is amended to read:
Subd. 3. [OTHER DUTIES.] The intergovernmental
informations systems advisory council shall (1) recommend to the
commissioners of state departments, the legislative auditor, and
the state auditor a method for the expeditious gathering and
reporting of information and data between agencies and units of
local government in accordance with cooperatively developed
standards; (2) elect an executive committee, not to exceed seven
members from its membership; (3) develop an annual plan, to
include administration and evaluation of grants, in compliance
with applicable rules; (4) provide technical information systems
assistance or guidance to local governments for development,
implementation, and modification of automated systems, including
formation of consortiums for those systems; and (5) appoint
committees and task forces, which may include persons other than
council members, to assist the council in carrying out its
duties.
Sec. 7. Minnesota Statutes 1992, section 16B.42,
subdivision 4, is amended to read:
Subd. 4. [FUNDING.] Appropriations and other funds made
available to the council for staff, operational expenses,
projects, and grants must be administered through the department
of administration are under the control of the council. The
council may contract with the department of administration for
staff services and administrative support. The council shall
reimburse the department for these services. The council may
request assistance from other state and local agencies in
carrying out its duties. Fees charged to local units of
government for the administrative costs of the council and
revenues derived from royalties, reimbursements, or other fees
from software programs, systems, or technical services arising
out of activities funded by current or prior state
appropriations must be credited to the general fund. The
unencumbered balance of an appropriation for grants in the first
year of a biennium does not cancel but is available for the
second year of the biennium.
Sec. 8. Minnesota Statutes 1992, section 16B.465,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The commissioner, after consultation
with the council, shall:
(1) provide voice, data, video, and other
telecommunications transmission services to the state and to
political subdivisions through the statewide telecommunications
access routing system an account in the intertechnologies
revolving fund;
(2) manage vendor relationships, network function, and
capacity planning in order to be responsive to the needs of the
system users;
(3) set rates and fees for services;
(4) approve contracts relating to the system;
(5) develop the system plan, including plans for the
phasing of its implementation and maintenance of the initial
system, and the annual program and fiscal plans for the system;
and
(6) develop a plan for interconnection of the network with
private colleges in the state.
Sec. 9. Minnesota Statutes 1992, section 16B.465,
subdivision 6, is amended to read:
Subd. 6. [REVOLVING FUND.] The statewide
telecommunications access and routing system shall operate as
part of the intertechnologies revolving fund. Money
appropriated to the account for the statewide telecommunications
access routing system and fees for communications
telecommunications services provided by the statewide
telecommunications access and routing system must be deposited
in the an account in the intertechnologies revolving fund.
Money in the account is appropriated annually to the
commissioner to operate the statewide telecommunications access
and routing system services.
Sec. 10. Minnesota Statutes 1992, section 16B.48,
subdivision 2, is amended to read:
Subd. 2. [PURPOSE OF FUNDS.] Money in the state treasury
credited to the general services revolving fund and money that
is deposited in the fund is appropriated annually to the
commissioner for the following purposes:
(1) to operate a central store and equipment service;
(2) to operate a central duplication and printing service;
(3) to purchase postage and related items and to refund
postage deposits as necessary to operate the central mailing
service, including purchasing postage and related items and
refunding postage deposits;
(4) to operate a documents service as prescribed by section
16B.51;
(5) to provide advice and other services to political
subdivisions for the management of their telecommunication
systems;
(6) to provide services for the maintenance, operation, and
upkeep of buildings and grounds managed by the commissioner of
administration;
(7) (6) to provide analytical, statistical, and
organizational development services to state agencies, local
units of government, metropolitan and regional agencies, and
school districts;
(8) (7) to provide capitol security services through the
department of public safety;
(9) (8) to operate a records center and provide
micrographics products and services; and
(10) (9) to perform services for any other agency. Money
may be expended for this purpose only when directed by the
governor. The agency receiving the services shall reimburse the
fund for their cost, and the commissioner shall make the
appropriate transfers when requested. The term "services" as
used in this clause means compensation paid officers and
employees of the state government; supplies, materials,
equipment, and other articles and things used by or furnished to
an agency; and utility services and other services for the
maintenance, operation, and upkeep of buildings and offices of
the state government.
Sec. 11. Minnesota Statutes 1992, section 16B.48,
subdivision 3, is amended to read:
Subd. 3. [INTERTECHNOLOGIES REVOLVING FUND.] Money in the
intertechnologies revolving fund is appropriated annually to the
commissioner to operate information, records, and
telecommunications services, including management, consultation,
and design services.
Sec. 12. [16B.482] [REIMBURSEMENT FOR MATERIALS AND
SERVICES.]
The commissioner may provide materials and services under
this chapter to state legislative and judicial branch agencies,
political subdivisions, the University of Minnesota, and federal
government agencies. Legislative and judicial branch agencies,
political subdivisions, the University of Minnesota, and federal
government agencies purchasing materials and services from the
commissioner shall reimburse the general services,
intertechnologies, and cooperative purchasing revolving funds
for costs.
Sec. 13. Minnesota Statutes 1992, section 16B.49, is
amended to read:
16B.49 [CENTRAL MAILING SYSTEM.]
The commissioner shall maintain and operate for agencies a
central mailing system. Official mail of an agency occupying
quarters either in the capitol or in adjoining state buildings
within the boundaries of the city of St. Paul must be delivered
unstamped to the central mailing station. Account must be kept
of the postage required on that mail, which is then a proper
charge against the agency delivering the mail. To provide funds
for the payment of postage, each agency shall make advance
payments to the commissioner sufficient to cover its postage
obligations for at least 60 days.
Sec. 14. Minnesota Statutes 1992, section 16B.51,
subdivision 2, is amended to read:
Subd. 2. [PRESCRIBE FEES.] The commissioner may prescribe
fees to be charged for services rendered by the state or an
agency in furnishing to those who request them certified copies
of records or other documents, certifying that records or
documents do not exist and furnishing other reports,
publications, data, or related material which is requested. The
fees, unless otherwise prescribed by law, may be fixed at the
market rate. The commissioner of finance is authorized to
approve the prescribed rates for the purpose of assuring that
they, in total, will result in receipts greater than costs in
the fund. Fees prescribed under this subdivision are deposited
in the state treasury by the collecting agency and credited to
the general services revolving fund. Nothing in this
subdivision permits the commissioner of administration to
furnish any service which is now prohibited or unauthorized by
law.
Sec. 15. Minnesota Statutes 1992, section 16B.51,
subdivision 3, is amended to read:
Subd. 3. [SALE OF PUBLICATIONS.] The commissioner may sell
official reports, documents, data, and other publications of all
kinds, may delegate their sale to state agencies, and may
establish facilities for their sale within the department of
administration and elsewhere within the state service. The
commissioner may remit a portion of the price of any publication
or data to the agency producing the publication or data. Money
that is remitted to an agency is annually appropriated to that
agency to discharge the costs of preparing the publications or
data.
Sec. 16. [16B.581] [DISTINCTIVE TAX-EXEMPT LICENSE
PLATES.]
Vehicles owned or leased by the state of Minnesota must
display distinctive tax-exempt license plates unless otherwise
exempted under section 168.012. The commissioner shall design
these distinctive plates subject to the approval of the
registrar. An administrative fee of $20 and a license plate fee
of $10 for two plates per vehicle or a license plate fee of $5
for one plate per trailer is paid at the time of registration.
The license plate registration is valid for the life of the
vehicle or until the vehicle is no longer owned or leased by the
state of Minnesota.
When the state of Minnesota applies for distinctive
tax-exempt plates on vehicles previously owned by local units of
government, it shall pay an administrative fee of $10 and a
plate fee that covers the cost of replacement.
Sec. 17. Minnesota Statutes 1992, section 16B.85,
subdivision 1, is amended to read:
Subdivision 1. [ALTERNATIVES TO CONVENTIONAL INSURANCE.]
The commissioner may implement programs of insurance or
alternatives to the purchase of conventional insurance for.
This authority does not extend to areas of risk not subject to:
(1) collective bargaining agreements, (2) plans established
under section 43A.18, or (3) programs established under sections
176.540 to 176.611, except for the department of
administration. The mechanism for implementing possible
alternatives to conventional insurance is the risk management
fund created in subdivision 2.
Sec. 18. Minnesota Statutes 1992, section 343.01, is
amended by adding a subdivision to read:
Subd. 1a. [MINNESOTA HUMANE SOCIETY; CONTINUATION
CONFIRMED.] The Minnesota humane society, also known as the
Minnesota society for the prevention of cruelty, is confirmed
and continued as a nonprofit organization under chapter 317A.
Sec. 19. Minnesota Statutes 1992, section 343.01, is
amended by adding a subdivision to read:
Subd. 1b. [INDEPENDENT ORGANIZATIONS; POWERS OF THE
FEDERATED HUMANE SOCIETIES.] (a) The Minnesota humane society,
also known as the Minnesota society for the prevention of
cruelty, and the Minnesota federated humane societies are not
affiliated with each other or with the state of Minnesota.
(b) The Minnesota federated humane societies have the
powers given to it under this chapter.
Sec. 20. Minnesota Statutes 1992, section 343.01,
subdivision 2, is amended to read:
Subd. 2. [NAME OF FEDERATION UNAUTHORIZED USE OF NAMES
PROHIBITED.] It shall be is unlawful for any organization,
association, firm or corporation not authorized by named in this
chapter to refer to itself as or in any way to use the names
Minnesota federated humane societies, Minnesota society for the
prevention of cruelty, the Minnesota humane society, or any
combination of words or phrases using the above names which
would imply that it represents, acts in behalf or is a branch of
the society or the federation.
Sec. 21. Minnesota Statutes 1992, section 343.01,
subdivision 3, is amended to read:
Subd. 3. [POWERS AND DUTIES.] The federation and the
society must each be governed by a board of directors designated
in accordance with chapter 317A. The powers, duties, and
organization of the federation and the society and other matters
for the conduct of the business of the federation shall be and
the society are as provided in chapter 317A and in
the federation's articles of incorporation and bylaws of each
organization.
Sec. 22. Minnesota Statutes 1992, section 403.11,
subdivision 1, is amended to read:
Subdivision 1. [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each
customer of a local exchange company is assessed a fee to cover
the costs of ongoing maintenance and related improvements for
trunking and central office switching equipment for minimum 911
emergency telephone service, plus administrative and staffing
costs of the department of administration related to managing
the 911 emergency telephone service program. Recurring charges
by a public utility providing telephone service for updating the
information required by section 403.07, subdivision 3, must be
paid by the commissioner for information of administration if
the utility is included in an approved 911 plan and the charges
have been certified and approved under subdivision 3. Money
remaining in the 911 emergency telephone service account after
all other obligations are paid must not cancel and is carried
forward to subsequent years and may be appropriated from time to
time to the commissioner of administration to provide financial
assistance to counties for the improvement of local emergency
telephone services. The improvements may include providing
access to minimum 911 service for telephone service subscribers
currently without access and upgrading existing 911 service to
include automatic number identification, local location
identification, automatic location identification, and other
improvements specified in revised county 911 plans approved by
the department.
(b) The fee may not be less than eight cents nor more than
30 cents a month for each customer access line, including trunk
equivalents as designated by the public utilities commission for
access charge purposes. The fee must be the same for all
customers.
(c) The fee must be collected by each utility providing
local exchange telephone service. Fees are payable to and must
be submitted to the commissioner of administration monthly
before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a
month is due, or annually if less than $25 a month is due.
Receipts must be deposited in the state treasury and credited to
a 911 emergency telephone service account in the special revenue
fund. The money in the account may only be used for 911
telephone services as provided in paragraph (a).
(d) The commissioner of administration, with the approval
of the commissioner of finance, shall establish the amount of
the fee within the limits specified and inform the utilities of
the amount to be collected. Utilities must be given a minimum
of 45 days notice of fee changes.
Sec. 23. Laws 1979, chapter 333, section 18, as amended by
Laws 1987, chapter 365, section 23, is amended to read:
Sec. 18. [ADMINISTRATION]
General Operations and Management 15,136,500 15,595,900
Approved Complement - 956
General - 485
Special - 11
Federal - 7
Revolving - 453
The amounts that may be expended from this appropriation for
each program are as follows:
Management Services
$ 3,311,200 $ 3,493,300
The commissioner of administration shall transfer two positions
from management analysis to records management to allow the
department to meet its responsibilities for records management.
These positions may revert to management analysis when they are
no longer needed to meet those responsibilities.
Real Property Management
$ 7,804,200 $ 7,780,900
The commissioner of administration shall charge the department
of transportation and the iron range resources and
rehabilitation board for engineering services performed on
behalf of these agencies.
The unencumbered balance in appropriation accounts 16078:14-11
and 16072:14-11 shall be cancelled on July 1, 1979.
State Agency Services
$ 1,224,400 $ 1,222,000
For 1979 - $169,200
$169,200 is appropriated from the general fund to the surplus
property revolving fund. Of this amount, $67,700 is immediately
available for payment of outstanding obligations, $40,000 is
immediately available as working capital, and $61,500 is
available for the reduction of obligations incurred between
March 1, 1979, and February 29, 1980.
The commissioner of administration shall provide a monthly
report to the commissioner of finance consisting of: an
operations statement, a balance sheet, an analysis of changes in
retained earnings, and a source and use of funds statement. The
commissioner of finance is responsible for approving the
allotment of the $61,500 portion of the appropriation and shall
give his approval when potential deficiencies are forecast. If
it appears that the $61,500 portion of the appropriation will be
exhausted prior to January 15, 1980, the commissioner of finance
shall promptly notify the governor and the legislative advisory
commission of the need for an additional appropriation.
The commissioner of administration shall by January 15, 1980,
provide copies of all monthly reports through the period ending
December 31, 1979, to the senate finance committee and the house
appropriations committee. The commissioner of finance shall by
January 15, 1980, recommend the continuance or discontinuance of
the federal surplus property activity to the committee on
finance in the senate and the committee on appropriations of the
house of representatives.
Public Services
$ 1,748,900 $ 2,053,400
$37,000 the first year and $40,700 the second year is for the
state contribution to the National Conference of State
Legislatures.
$43,900 each year is for the state contribution to the Council
of State Governments.
$6,500 each year is for the expenses of the Interstate
Cooperation Commission.
$5,000 each year is for the Minnesota state employees band.
General Support
$ 1,047,800 $ 1,046,300
The commissioner of administration with the approval of the
commissioner of finance may transfer unencumbered balances not
specified for a particular purpose among the above programs.
Transfers shall be reported forthwith to the committee on
finance of the senate and the committee on appropriations of the
house of representatives.
Sec. 24. Laws 1991, chapter 345, article 1, section 17,
subdivision 4, as amended by Laws 1992, chapter 514, section 20,
is amended to read:
Subd. 4. Property Management
23,387,000 8,349,000
$175,000 the first year and $175,000
the second year from the program's
total appropriation are for capitol
area repairs and replacements. Any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year.
$3,825,000 the first year and
$3,884,000 the second year are for
office space costs of the legislature
and veterans organizations, for
ceremonial space, and for statutorily
free space.
The department of administration shall
discontinue food service management in
the state office building for the
biennium ending June 30, 1993. Food
service shall be managed by the house
rules committee as a pilot project for
the biennium.
$50,000 the first year is for the
commissioner of administration to study
the potential uses for the Waseca
campus. The commissioner shall appoint
an advisory committee to assist with
the study. The commissioner shall
report the findings and recommendations
from the study to the board of regents,
and the education, appropriations, and
finance committees of the legislature
by January 15, 1992. The appropriation
is available if matched by $1 of
nonstate money for each $10 of this
appropriation. In addition, the board
of regents of the University of
Minnesota is requested to provide
additional funding up to $50,000 to
assist in the cost of the study.
The department of administration in
consultation with the capitol area
architectural and planning board shall
study the historic renovation and
potential reuse of the Dahl house and
report to the senate finance and house
appropriations committees by February
1, 1992.
By January 31, 1993, The department of
administration shall relocate the state
printing operation and related
operations from the Ford building to a
more suitable location, preferably
outside the capitol complex and shall
relocate and consolidate offices of the
attorney general in the Ford
building. when the Ford building shall
be is remodeled as office space or when
a replacement building is constructed
on the site.
By December 31, 1992, the department of
administration shall relocate the
office of the state auditor to a
location within the capitol complex.
$350,000 the first year is for
developing a framework for an
integrated infrastructure management
system including the establishment of a
database of building classification
standards. The commissioner of
administration shall report by January
1, 1992, on the time and cost of
continuing the program for fiscal year
1993.
$961,000 the first year is to improve
security at state parking ramps and
lots, to be available upon final
enactment.
$13,781,000 is for the costs relating
to agency relocation, consolidation,
and collocation, to be available upon
final enactment.
Sec. 25. [APPROPRIATION.]
(a) $100,000 is appropriated from the 911 emergency
telephone service account in the special revenue fund to the
commissioner of administration to provide emergency poison
information through the 911 emergency telephone service.
$50,000 is for fiscal year 1994 and $50,000 is for fiscal year
1995.
(b) $100,000 is appropriated from the 911 emergency
telephone service account in the special revenue fund to the
commissioner of administration to provide financial assistance
to counties for the improvement of local emergency telephone
services. The improvements may include providing access to
minimum 911 service for telephone service subscribers currently
without access and upgrading existing 911 service to include
automatic number identification, local location identification,
automatic location identification, and other improvements
specified in revised county 911 plans approved by the department.
$50,000 is for fiscal year 1994 and $50,000 is for fiscal year
1995.
Sec. 26. [REPEALER.]
Minnesota Statutes 1992, sections 3.3026; 16B.56,
subdivision 4; and Laws 1987, chapter 394, section 13, are
repealed.
Sec. 27. [EFFECTIVE DATE.]
Sections 7 to 10 are effective on July 1, 1994. Sections 1
to 6 and 11 to 26 are effective the day following final
enactment.
ARTICLE 2
STATE BUILDING CODE
Section 1. Minnesota Statutes 1992, section 16B.60,
subdivision 3, is amended to read:
Subd. 3. [MUNICIPALITY.] "Municipality" means a city,
county, or town meeting the requirements of section 368.01,
subdivision 1, the University of Minnesota, or the state for
public buildings and state licensed facilities.
Sec. 2. Minnesota Statutes 1992, section 16B.60, is
amended by adding a subdivision to read:
Subd. 11. [STATE LICENSED FACILITIES.] "State licensed
facilities" means a building and its grounds that are licensed
by the state as a hospital, nursing home, supervised living
facility, free-standing outpatient surgical center, or
correctional facility.
Sec. 3. Minnesota Statutes 1992, section 16B.61,
subdivision 1a, is amended to read:
Subd. 1a. [ADMINISTRATION BY COMMISSIONER.] The
commissioner shall administer and enforce the state building
code as a municipality with respect to public buildings and
state licensed facilities in the state. The commissioner shall
establish appropriate permit, plan review, and inspection fees
for public buildings and state licensed facilities. Fees and
surcharges for public buildings and state licensed facilities
must be remitted to the commissioner, who shall deposit them in
the state treasury for credit to the special revenue fund.
Municipalities other than the state having a contractual
agreement with the commissioner for code administration and
enforcement service for public buildings and state licensed
facilities shall charge their customary fees, including
surcharge, to be paid directly to the contractual jurisdiction
by the applicant seeking authorization to construct a public
building or a state licensed facility. The commissioner shall
contract with a municipality other than the state for plan
review, code administration, and code enforcement service for
public buildings and state licensed facilities in the
contractual jurisdiction if the building officials of the
municipality meet the requirements of section 16B.65 and wish to
provide those services and if the commissioner determines that
the municipality has enough adequately trained and qualified
building inspectors to provide those services for the
construction project.
Sec. 4. Minnesota Statutes 1992, section 16B.61,
subdivision 4, is amended to read:
Subd. 4. [REVIEW OF PLANS FOR PUBLIC BUILDINGS AND STATE
LICENSED FACILITIES.] Construction or remodeling may not begin
on any public building owned by the or state licensed facility
until the plans and specifications of the public building have
been approved by the commissioner or municipality under
contractual agreement pursuant to subdivision 1a. In the case
of any other public building, The plans and specifications must
be submitted to the commissioner for review, and within 30 days
after receipt of the plans and specifications, the
commissioner or municipality under contractual agreement shall
notify the submitting authority of any
recommendations corrections.
Sec. 5. Minnesota Statutes 1992, section 16B.62,
subdivision 1, is amended to read:
Subdivision 1. [MUNICIPAL ENFORCEMENT.] The state building
code applies statewide and supersedes the building code of any
municipality. The state building code does not apply to
agricultural buildings except with respect to state inspections
required or rulemaking authorized by sections 103F.141, 216C.19,
subdivision 8, and 326.244. All municipalities shall adopt and
enforce the state building code with respect to new construction
within their respective jurisdictions.
If a city has adopted or is enforcing the state building
code on June 3, 1977, or determines by ordinance after that date
to undertake enforcement, it shall enforce the code within the
city. A city may by ordinance extend the enforcement of the
code to contiguous unincorporated territory not more than two
miles distant from its corporate limits in any direction. Where
two or more noncontiguous cities which have elected to enforce
the code have boundaries less than four miles apart, each is
authorized to enforce the code on its side of a line equidistant
between them. Once enforcement authority is extended
extraterritorially by ordinance, the authority may continue to
be exercised in the designated territory even though another
city less than four miles distant later elects to enforce the
code. After the extension, the city may enforce the code in the
designated area to the same extent as if the property were
situated within its corporate limits.
A city which, on June 3, 1977, had not adopted the code may
not commence enforcement of the code within or outside of its
jurisdiction until it has provided written notice to the
commissioner, the county auditor, and the town clerk of each
town in which it intends to enforce the code. A public hearing
on the proposed enforcement must be held not less than 30 days
after the notice has been provided. Enforcement of the code by
the city outside of its jurisdiction commences on the first day
of January in the year following the notice and hearing.
Municipalities may provide for the issuance of permits,
inspection, and enforcement within their jurisdictions by means
which are convenient, and lawful, including by means of
contracts with other municipalities pursuant to section 471.59,
and with qualified individuals. In areas outside of the
enforcement authority of a city, the fee charged for the
issuance of permits and inspections for single family dwellings
may not exceed the greater of $100 or .005 times the value of
the structure, addition, or alteration. The other
municipalities or qualified individuals may be reimbursed by
retention or remission of some or all of the building permit fee
collected or by other means. In areas of the state where
inspection and enforcement is unavailable from qualified
employees of municipalities, the commissioner shall train and
designate individuals available to carry out inspection and
enforcement on a fee basis.
Sec. 6. Minnesota Statutes 1992, section 16B.66, is
amended to read:
16B.66 [CERTAIN INSPECTIONS.]
The state building inspector may, upon an application
setting forth a set of plans and specifications that will be
used in more than one municipality to acquire building permits,
review and approve the application for the construction or
erection of any building or structure designed to provide
dwelling space for no more than two families if the set of plans
meets the requirements of the state building code. All costs
incurred by the state building inspector by virtue of the
examination of the set of plans and specifications must be paid
by the applicant. The plans and specifications or any plans and
specifications required to be submitted to a state agency must
be submitted to the state building inspector who shall examine
them and if necessary distribute them to the appropriate state
agencies for scrutiny regarding adequacy as to electrical, fire
safety, and all other appropriate features. These state
agencies shall examine and promptly return the plans and
specifications together with their certified statement as to the
adequacy of the instruments regarding that agency's area of
concern. A building official shall issue a building permit upon
application and presentation to the official of a set of plans
and specifications bearing the approval of the state building
inspector if the requirements of all other local ordinances are
satisfied.
Sec. 7. Minnesota Statutes 1992, section 16B.70,
subdivision 2, is amended to read:
Subd. 2. [COLLECTION AND REPORTS.] All permit surcharges
must be collected by each municipality and a portion of them
remitted to the state. Each municipality having a population
greater than 20,000 people shall prepare and submit to the
commissioner once a month a report of fees and surcharges on
fees collected during the previous month but shall retain the
greater of two percent of the surcharges or that amount
collected up to $25 to apply against the administrative expenses
the municipality incurs in collecting the surcharges. All other
municipalities shall submit the report and surcharges on fees
once a quarter but shall retain the greater of four percent of
the surcharges or that amount collected up to $25 to apply
against the administrative expenses the municipalities incur in
collecting the surcharges. The report, which must be in a form
prescribed by the commissioner, must be submitted together with
a remittance covering the surcharges collected by the 15th day
following the month or quarter in which the surcharges are
collected. All surcharges and other fees prescribed by sections
16B.59 to 16B.71 16B.73, which are payable to the state, must be
paid to the commissioner who shall deposit them in the state
treasury for credit to the general fund.
Sec. 8. Minnesota Statutes 1992, section 16B.72, is
amended to read:
16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN
COUNTIES.]
Notwithstanding any other provision of law to the contrary,
a county that is not a metropolitan county as defined by section
473.121, subdivision 4, may provide, by a vote of the majority
of its electors residing outside of municipalities that have
adopted the state building code before January 1, 1977, that no
part of the state building code except the building requirements
for handicapped persons applies within its jurisdiction.
The county board may submit to the voters at a regular or
special election the question of adopting the building code.
The county board shall submit the question to the voters if it
receives a petition for the question signed by a number of
voters equal to at least five percent of those voting in the
last general election. The question on the ballot must be
stated substantially as follows:
"Shall the state building code be adopted in ..........
County?"
If the majority of the votes cast on the proposition is in
the negative, the state building code does not apply in the
subject county, outside home rule charter or statutory cities or
towns that adopted the building code before January 1, 1977,
except the building requirements for handicapped persons do
apply.
Nothing in this section precludes a home rule charter or
statutory city or town municipality that did not adopt the state
building code before January 1, 1977, from adopting and
enforcing by ordinance or other legal means the state building
code within its jurisdiction.
Sec. 9. Minnesota Statutes 1992, section 16B.73, is
amended to read:
16B.73 [STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500;
LOCAL OPTION.]
The governing body of a municipality whose population is
less than 2,500 may provide that the state building code, except
the requirements for handicapped persons, will not apply within
the jurisdiction of the municipality, if the municipality is
located in whole or in part within a county exempted from its
application under section 16B.72. If more than one municipality
has jurisdiction over an area, the state building code continues
to apply unless all municipalities having jurisdiction over the
area have provided that the state building code, except the
requirements for handicapped persons, does not apply within
their respective jurisdictions. Nothing in this section
precludes a municipality from adopting and enforcing by
ordinance or other legal means the state building code within
its jurisdiction.
Sec. 10. [INSTRUCTION TO REVISOR.]
In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall change each reference to "state
building inspector" to "state building official" in sections
16B.62, subdivision 2; 16B.63, subdivisions 1 to 4; 16B.64,
subdivision 7; and 16B.66.
Sec. 11. [EFFECTIVE DATE.]
This article is effective the day following final
enactment, except that section 7 is effective July 1, 1994.
Presented to the governor May 6, 1994
Signed by the governor May 10, 1994, 3:45 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes