Subdivision 1. Authorization. The commissioner of administration may determine, in conjunction with the commissioner of management and budget, the personal property needs of the various state departments, agencies, boards, commissions and the legislature that may be economically funded through a master lease program and request the commissioner of management and budget to execute a master lease.
The commissioner of management and budget may authorize the sale and issuance of certificates of participation relative to a master lease in an amount sufficient to fund these personal property needs. The term of the certificates must be less than the expected useful life of the equipment whose purchase is financed by the certificates. The commissioner of administration may use the proceeds from the master lease or the sale of the certificates of participation to acquire the personal property through the appropriate procurement procedure in chapter 16C. Money appropriated for the lease or acquisition of this personal property is appropriated to the commissioner of management and budget to make master lease payments.
Subd. 2. Covenants. The commissioner of management and budget may covenant in a master lease that the state will abide by the terms and provisions that are customary in net lease or lease-purchase transactions including, but not limited to, covenants providing that the state:
(1) will maintain insurance as required under the terms of the lease agreement;
(2) is responsible to the lessor for any public liability or property damage claims or costs related to the selection, use, or maintenance of the leased equipment, to the extent of insurance or self-insurance maintained by the lessee, and for costs and expenses incurred by the lessor as a result of any default by the lessee;
(3) authorizes the lessor to exercise the rights of a secured party with respect to the equipment subject to the lease in the event of default by the lessee and, in addition, for the present recovery of lease rentals due during the current term of the lease as liquidated damages.
Subd. 3. Master leases not debt. The commissioner of management and budget may not enter into a master lease unless the commissioner of management and budget has conducted a demand survey of the amount of projected rentals and determines that money has been appropriated and allotted for the payment of the maximum amount of rentals that are projected to be payable from state money and that are projected to be due or to become due during the appropriation period in which the lease contract is entered into. A master lease does not constitute or create a general or moral obligation or indebtedness of the state in excess of the money from time to time appropriated or otherwise available for the payment of rent coming due under the lease, and the state has no continuing obligation to appropriate money for the payment of rent or other obligations under the lease. Rent due under a master lease during a current lease term for which money has been appropriated is a current expense of the state.
Subd. 4. Tax exemption. Property subject to a master lease is not subject to personal property taxes. Property purchased by a lessor for lease to the state under a valid master lease and rent due under the lease are not subject to sales tax.
Subd. 5. Investment income. The net income from investment of the proceeds of the certificates of participation, as estimated by the commissioner of management and budget, must be credited to the fund whose assets will be used to pay off the certificates of participation.
Subd. 6. Budget offset. The commissioner of management and budget shall reduce the operating budgets of state agencies that use the master lease program. The amount of the reduction is the difference between the budgeted purchase price of the equipment and the actual master lease payments.
1Sp1985 c 13 s 116; 1987 c 404 s 78; 1989 c 271 s 7,8; 1990 c 506 art 2 s 8; 1994 c 643 s 38; 1998 c 386 art 2 s 13; 1999 c 250 art 1 s 52; 2009 c 101 art 2 s 109
Structure Minnesota Statutes
Chapters 16A - 16E — Administration And Finance
Chapter 16A — Department Of Management And Budget
Section 16A.01 — Department Of Management And Budget; Commissioner; Employees.
Section 16A.011 — Definitions.
Section 16A.012 — Warrants; Discounts.
Section 16A.013 — Gifts; Acceptance.
Section 16A.014 — Administration Of Gifts.
Section 16A.015 — Investment Of Gifts.
Section 16A.016 — Payment; Appropriation.
Section 16A.04 — Budget And Cash Projection.
Section 16A.055 — Commissioner's Duties.
Section 16A.056 — Website With Searchable Database On State Expenditures.
Section 16A.0561 — Mapped Data On Expenditures.
Section 16A.057 — Internal Controls And Internal Auditing.
Section 16A.06 — Additional Commissioner Duties And Powers.
Section 16A.061 — May Issue Commemorative Medallions.
Section 16A.065 — Prepay Software, Subscriptions, United States Documents.
Section 16A.095 — State Budget System.
Section 16A.10 — Budget Preparation.
Section 16A.101 — Service Contracts; Expenditures.
Section 16A.102 — Budgeting Revenues Relative To Personal Income.
Section 16A.103 — Forecasts Of Revenue And Expenditures.
Section 16A.105 — Debt Capacity Forecast.
Section 16A.11 — Budget To Legislature.
Section 16A.115 — Relocation Requests.
Section 16A.122 — Work Force Planning And Reporting.
Section 16A.124 — Prompt Payment Of State Agency Bills Required.
Section 16A.1245 — Prompt Payment To Subcontractors.
Section 16A.126 — Revolving Fund Billing.
Section 16A.127 — Indirect Costs.
Section 16A.1283 — Legislative Approval Required For Fees.
Section 16A.1285 — Departmental Earnings; Charges Levied By Agency.
Section 16A.125 — State Trust Lands.
Section 16A.1286 — Statewide Systems Account.
Section 16A.129 — Other Commissioner Powers.
Section 16A.13 — Federal Tax Withholding.
Section 16A.131 — Deductions For United States Securities, Transit Cards.
Section 16A.133 — Credit Union, Parking, Other Deductions.
Section 16A.134 — Charitable Organizations Payroll Deductions.
Section 16A.138 — Officials Not To Exceed Appropriation.
Section 16A.139 — Misappropriation Of Money.
Section 16A.14 — Allotment And Encumbrance System.
Section 16A.15 — Accounting System; Allotment And Encumbrance.
Section 16A.151 — Proceeds Of Litigation Or Settlement.
Section 16A.152 — Budget Reserve And Cash Flow Accounts.
Section 16A.155 — Refunds; Charged When Paid.
Section 16A.17 — Preparation Of State Payroll.
Section 16A.18 — Accounting, Payroll For Courts, Legislature.
Section 16A.19 — Retirement, Social Security Deficiencies.
Section 16A.25 — Sale Of Securities Before Maturity.
Section 16A.26 — One Depository Account For Each Tax.
Section 16A.27 — State Funds; Deposit; Control By Commissioner.
Section 16A.271 — Depositories, Designation.
Section 16A.272 — Deposits Of Certain Funds Of Public Corporations, Security.
Section 16A.273 — Inducements To Make Deposits.
Section 16A.275 — Agency Receipts; Deposit, Report, Credit.
Section 16A.276 — Cash Overage And Shortage Account.
Section 16A.28 — Treatment Of Unused Appropriations.
Section 16A.281 — Appropriations To Legislature.
Section 16A.283 — Appropriations To Courts.
Section 16A.284 — Appropriations To Constitutional Officers.
Section 16A.285 — Allowed Appropriation Transfers.
Section 16A.36 — Grants From And Advances To United States.
Section 16A.40 — Warrants And Electronic Fund Transfers.
Section 16A.401 — Virtual Payments Authorized.
Section 16A.41 — Claims Against State.
Section 16A.42 — Claims: Form, Approval, Register.
Section 16A.43 — Warrant A Receipt.
Section 16A.44 — Commissioner May Compel Testimony.
Section 16A.45 — Outstanding Unpaid Warrants, Cancellation.
Section 16A.46 — Lost Or Destroyed Warrant Duplicate; Indemnity.
Section 16A.461 — Duplicate Bonds Issued.
Section 16A.462 — Execution Of Duplicates.
Section 16A.463 — Delivery Of Duplicates; Bond.
Section 16A.464 — Bond, When Canceled.
Section 16A.47 — Commissioner's Account, Document Duties.
Section 16A.48 — Refund Of Erroneous Deposits.
Section 16A.49 — Refunds Of $1 Or Less.
Section 16A.50 — Financial Report To Legislature.
Section 16A.501 — Report On Expenditure Of Bond Proceeds.
Section 16A.502 — Nonstate Commitments To Capital Projects.
Section 16A.53 — Bookkeeping Accounts.
Section 16A.531 — Funds Created.
Section 16A.532 — Minnesota State Colleges And Universities Enterprise Account.
Section 16A.54 — General Fund Defined.
Section 16A.56 — Commissioner's Receipt And Claim Duties.
Section 16A.57 — Appropriation, Allotment, And Warrant Needed.
Section 16A.575 — Appropriations; Not Disclosing Source.
Section 16A.58 — Commissioner Custodian Of Payment Documents.
Section 16A.61 — Certificate Money To General Fund.
Section 16A.62 — Money In Abolished Fund To General Fund.
Section 16A.626 — Electronic Payments.
Section 16A.631 — Bond Proceeds Fund.
Section 16A.632 — Capital Asset Preservation And Replacement Account.
Section 16A.633 — Capital Funding; Maintaining Data And Reporting.
Section 16A.641 — State Bonds; Appropriations.
Section 16A.642 — State Bonds: Reports; Cancellations.
Section 16A.643 — Assessments If Agency Must Pay Debt Service.
Section 16A.645 — Gopher State Bonds.
Section 16A.646 — Zero Coupon Bonds.
Section 16A.647 — Tax Credit And Interest Subsidy Bonds.
Section 16A.66 — Refunding Bonds.
Section 16A.661 — General Obligation Special Tax Bonds.
Section 16A.662 — Infrastructure Development Bonds.
Section 16A.671 — Certificates Of Indebtedness.
Section 16A.672 — Bonds And Certificates Of Indebtedness.
Section 16A.673 — Certificates Of Indebtedness Issued By State, Negotiability.
Section 16A.675 — Persons Executing Obligations Not Liable.
Section 16A.68 — Federal Funds To The Game And Fish Account.
Section 16A.69 — Appropriations Into Single Project Account.
Section 16A.695 — State Bond Financed Property.
Section 16A.72 — Income Credited To General Fund; Exceptions.
Section 16A.721 — State Seminar Fees, Appropriation.
Section 16A.722 — Loss Or Damage To State Property.
Section 16A.723 — Governor's Residence; Reimbursement Of Expenses.
Section 16A.724 — Health Care Access Fund.
Section 16A.726 — Sports Facilities Transfers; Appropriations.
Section 16A.727 — Backup Revenues; Football Stadium Funding.
Section 16A.79 — Matching Federal Appropriations.
Section 16A.81 — Technology Development Lease-purchase Financing.
Section 16A.85 — Master Lease.
Section 16A.86 — Capital Project Grants To Political Subdivisions.
Section 16A.88 — Transit Assistance Fund.
Section 16A.90 — Employee Gainsharing System.
Section 16A.93 — Minnesota Pay-for-performance Act.
Section 16A.94 — Pay-for-performance Program.
Section 16A.96 — Minnesota Pay-for-performance Program; Appropriation Bonds.
Section 16A.963 — Electric Vehicle Infrastructure Appropriation Bonds.
Section 16A.964 — Public Television Equipment Appropriation Bonds.
Section 16A.965 — Stadium Appropriation Bonds.
Section 16A.966 — Response To Releases Appropriation Bonds.
Section 16A.967 — Lewis And Clark Appropriation Bonds.
Section 16A.968 — Duluth Regional Exchange District Appropriation Bonds.
Section 16A.97 — Tobacco Bonds.