HF 1671

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to constitutional amendments; proposing 
  1.3             amendments to the Minnesota Constitution, article XI; 
  1.4             dedicating the sales tax receipts equal to a sales tax 
  1.5             of 3/16 of one percent on taxable sales for natural 
  1.6             resource purposes and for an education excellence 
  1.7             fund; requiring reciprocity for admission to the 
  1.8             Minnesota zoo; requiring the secretary of state to 
  1.9             prepare and post a voter guide on proposed 
  1.10            constitutional amendments; creating an education 
  1.11            excellence fund; amending Minnesota Statutes 2000, 
  1.12            section 85A.02, by adding a subdivision; Minnesota 
  1.13            Statutes 2001 Supplement, section 126C.10, subdivision 
  1.14            2; proposing coding for new law in Minnesota Statutes, 
  1.15            chapters 3; 126C. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17                             ARTICLE 1
  1.18               CONSTITUTIONAL AMENDMENT; CONSERVATION
  1.19     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.20     An amendment to the Minnesota Constitution is proposed to 
  1.21  the people.  If the amendment is adopted, a section will be 
  1.22  added to article XI, to read: 
  1.23     Sec. 15.  Beginning July 1, 2005, until June 30, 2026, the 
  1.24  sales and use tax receipts equal to the state sales and use tax 
  1.25  of 3/16 of one percent on sales and uses taxable under the 
  1.26  general state sales and use tax law, plus penalties and interest 
  1.27  and reduced by any refunds, are dedicated as follows:  51 
  1.28  percent of the receipts shall be deposited in the Minnesota 
  1.29  conservation heritage enhancement fund and may be spent only to 
  1.30  improve, enhance, and protect the state's natural resources, 
  2.1   fish and wildlife and habitats for fishing, hunting, and other 
  2.2   uses, forests, wetlands, prairies, lakes, rivers, and 
  2.3   watersheds; 20 percent of the receipts may be spent only for 
  2.4   state parks and trails; 20 percent of the receipts may be spent 
  2.5   only on metropolitan park and trail grants; seven percent of the 
  2.6   receipts may be spent only on grant-in-aid trails and local and 
  2.7   regional park and trail grants; and two percent of the receipts 
  2.8   may be spent only for state and local zoos.  A Minnesota 
  2.9   conservation heritage enhancement fund is created in the state 
  2.10  treasury.  The money dedicated under this section shall be 
  2.11  appropriated by law.  Land acquired by fee or easement with 
  2.12  money deposited in the Minnesota conservation heritage 
  2.13  enhancement fund under this section must be open to public 
  2.14  taking of fish or game during the open seasons. 
  2.15     Sec. 2.  [SUBMISSION TO VOTERS.] 
  2.16     The proposed amendment shall be submitted to the people at 
  2.17  the 2002 general election.  The question submitted shall be: 
  2.18     "Shall the Minnesota Constitution be amended to provide 
  2.19  funding beginning July 1, 2005, to improve, enhance, and protect 
  2.20  the state's natural resources; its fish and wildlife and 
  2.21  habitats for fishing, hunting, and other uses; its forests, 
  2.22  wetlands, and prairies; its lakes, rivers, and watersheds; its 
  2.23  state parks and trails, metropolitan parks and trails, 
  2.24  grant-in-aid trails and local and regional parks and trails, and 
  2.25  state and local zoos by dedicating the sales and use tax 
  2.26  receipts equal to the state sales and use tax of 3/16 of one 
  2.27  percent on taxable sales until the year 2026? 
  2.28                                     Yes .......
  2.29                                     No ........"
  2.30     Sec. 3.  Minnesota Statutes 2000, section 85A.02, is 
  2.31  amended by adding a subdivision to read: 
  2.32     Subd. 19.  [RECIPROCITY.] The Minnesota zoological garden 
  2.33  shall offer free admission throughout the year to individuals 
  2.34  and groups who are members of a Minnesota institution accredited 
  2.35  by the American Zoo and Aquarium Association, provided the 
  2.36  accredited Minnesota institution offers free or discounted 
  3.1   admission to members of the Minnesota zoological garden. 
  3.2      Sec. 4.  [EFFECTIVE DATE.] 
  3.3      Sections 1 and 2 apply to sales and uses occurring after 
  3.4   June 30, 2005. 
  3.5                              ARTICLE 2 
  3.6                CONSTITUTIONAL AMENDMENT; INFORMATION 
  3.7      Section 1.  [3.215] [INFORMATION.] 
  3.8      At least 90 days before a general election at which a 
  3.9   proposed constitutional amendment is to be submitted to voters, 
  3.10  the secretary of state must post on the office of secretary of 
  3.11  state Web site the statement of the purpose and effect of the 
  3.12  amendment prepared by the attorney general under section 3.21.  
  3.13  In addition, the secretary of state, in consultation with the 
  3.14  attorney general, must prepare and post a voter guide that 
  3.15  summarizes impartially the issues presented to the voters by the 
  3.16  constitutional amendment and the arguments commonly advanced in 
  3.17  support of and opposition to the amendment.  The secretary of 
  3.18  state must also provide Internet links to information provided 
  3.19  by supporters and opponents of the amendment. 
  3.20                             ARTICLE 3
  3.21                CONSTITUTIONAL AMENDMENT; EDUCATION
  3.22     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  3.23     An amendment to the Minnesota Constitution is proposed to 
  3.24  the people.  If the amendment is adopted, a section will be 
  3.25  added to article XI, to read: 
  3.26     Sec. 16.  [EDUCATION EXCELLENCE FUND.] Beginning July 1, 
  3.27  2005, the sales and use tax receipts equal to the state sales 
  3.28  and use tax of 3/16 of one percent on sales and uses taxable 
  3.29  under the general state sales and use tax law, plus penalties 
  3.30  and interest and reduced by any refunds, are dedicated and must 
  3.31  be deposited in the education excellence fund and may be spent 
  3.32  only to improve, enhance, and sustain public education.  The 
  3.33  money dedicated under this section shall be appropriated by law. 
  3.34  An education excellence fund is created in the state treasury. 
  3.35     Sec. 2.  [SUBMISSION TO VOTERS.] 
  3.36     The proposed amendment shall be submitted to the people at 
  4.1   the 2002 general election.  The question submitted shall be: 
  4.2      "Shall the Minnesota Constitution be amended to provide 
  4.3   funding beginning July 1, 2005, to improve, enhance, and sustain 
  4.4   public education by dedicating the sales and use tax receipts 
  4.5   equal to the state sales and use tax of 3/16 of one percent on 
  4.6   taxable sales? 
  4.7                                      Yes .......
  4.8                                      No ........"
  4.9      Sec. 3.  [126C.09] [EDUCATION EXCELLENCE FUND.] 
  4.10     The education excellence fund is established in the 
  4.11  Minnesota Constitution, article XI, section 16.  The money 
  4.12  deposited in the fund is appropriated to increase the general 
  4.13  education formula allowance under section 126C.10, subdivision 2.
  4.14     Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  4.15  126C.10, subdivision 2, is amended to read: 
  4.16     Subd. 2.  [BASIC REVENUE.] (a) The basic revenue for each 
  4.17  district equals the formula allowance times the adjusted 
  4.18  marginal cost pupil units for the school year.  The formula 
  4.19  allowance for fiscal year 2001 is $3,964.  The formula allowance 
  4.20  for fiscal year 2002 is $4,068.  The formula allowance for 
  4.21  fiscal year 2003 and subsequent years is $4,601. 
  4.22     (b) For fiscal year 2006 and later, the formula allowance 
  4.23  in paragraph (a) is increased by the revenue available in the 
  4.24  education excellence account for that year established under 
  4.25  section 126C.09 divided by the adjusted marginal cost pupil 
  4.26  units for that year. 
  4.27     Sec. 5.  [EFFECTIVE DATE.] 
  4.28     Sections 1 and 2 apply to sales and uses occurring after 
  4.29  June 30, 2005.  Sections 3 and 4 are effective July 1, 2005, if 
  4.30  the constitutional amendment proposed in sections 1 and 2 is 
  4.31  adopted by the voters.