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HF 3426

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to natural resources; proposing an amendment 
  1.3             to the Minnesota Constitution, article XI, by adding a 
  1.4             section; providing for a state account and review 
  1.5             committee; providing appointments; proposing coding 
  1.6             for new law in Minnesota Statutes, chapter 97A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.9      An amendment to the Minnesota Constitution is proposed to 
  1.10  the people.  If the amendment is adopted, a section shall be 
  1.11  added to article XI, to read: 
  1.12     Sec. 15.  The sales and use tax receipts equal to the state 
  1.13  sales and use tax of 3/16 of one percent on sales and uses 
  1.14  taxable under the general state sales and use tax law, plus 
  1.15  penalties and interest are dedicated as follows:  45 percent of 
  1.16  the receipts shall be deposited in a game and fish enhancement 
  1.17  account in the game and fish fund and may be spent only on 
  1.18  activities that improve, enhance, or protect game and fish 
  1.19  resources, including conservation, restoration, and enhancement 
  1.20  of land, water, nongame wildlife, and other natural resources of 
  1.21  the state; 25 percent of the receipts shall be deposited in the 
  1.22  natural resources fund and may be spent only for state parks and 
  1.23  trails; 25 percent of the receipts shall be deposited in the 
  1.24  natural resources fund and may be spent only on metropolitan 
  1.25  park and trail grants; three percent of the receipts shall be 
  1.26  deposited in the natural resources fund and may be spent only on 
  2.1   local trail grants; and two percent of the receipts shall be 
  2.2   deposited in the natural resources fund and may be spent only 
  2.3   for the Minnesota zoological garden, the Como park zoo and 
  2.4   conservatory, and the Duluth zoo.  The money dedicated under 
  2.5   this section may not be used as a substitute for traditional 
  2.6   sources of funding for the purposes specified, but the dedicated 
  2.7   money shall supplement traditional funding sources to provide 
  2.8   expanded revenue for those purposes.  Land acquired with money 
  2.9   deposited in the game and fish enhancement account under this 
  2.10  section must be open to public hunting and fishing during the 
  2.11  open season. 
  2.12     Sec. 2.  [SUBMISSION TO VOTERS.] 
  2.13     The proposed amendment shall be submitted to the people at 
  2.14  the 2000 general election.  The question submitted shall be: 
  2.15     "Shall the Minnesota Constitution be amended to provide 
  2.16  that the sales and use tax receipts equal to the state sales and 
  2.17  use tax of 3/16 of one percent on taxable sales be dedicated for 
  2.18  game and fish resource enhancement, improvement, and protection; 
  2.19  natural resource conservation; state parks and trails; 
  2.20  metropolitan parks and trails; local trail grants; and state and 
  2.21  local zoos? 
  2.22                                     Yes .......
  2.23                                     No ........"
  2.24     Sec. 3.  [97A.056] [GAME AND FISH ENHANCEMENT ACCOUNT; 
  2.25  REVIEW COMMITTEE.] 
  2.26     Subdivision 1.  [ACCOUNT CREATION.] The game and fish 
  2.27  enhancement account is established as an account in the game and 
  2.28  fish fund.  At least 90 percent of the money appropriated from 
  2.29  the account must be allocated for expenditures in regional and 
  2.30  local area offices.  
  2.31     Subd. 2.  [REVIEW COMMITTEE MEMBERSHIP.] (a) A game and 
  2.32  fish enhancement account review committee of nine members is 
  2.33  created, consisting of: 
  2.34     (1) two members of the senate appointed by the subcommittee 
  2.35  on committees of the committee on rules and administration; 
  2.36     (2) two members of the house appointed by the speaker; 
  3.1      (3) three public members representing sporting interests 
  3.2   appointed by the senate subcommittee on committees of the 
  3.3   committee on rules and administration; and 
  3.4      (4) three public members representing sporting interests 
  3.5   appointed by the speaker. 
  3.6      (b) Legislative members appointed under paragraph (a), 
  3.7   clauses (1) and (2), serve as nonvoting members.  One member 
  3.8   from the senate and one member from the house must be from the 
  3.9   minority caucus.  Legislative members are entitled to 
  3.10  reimbursement for per diem expenses plus travel expenses 
  3.11  incurred in the services of the committee.  The compensation and 
  3.12  removal of public members are as provided in section 15.0575. 
  3.13     (c) Members shall appoint a chair who shall preside and 
  3.14  convene meetings as often as necessary to conduct duties 
  3.15  prescribed by this section. 
  3.16     (d) Membership terms shall be two years, except that 
  3.17  members shall serve on the committee until their successors are 
  3.18  appointed. 
  3.19     (e) Vacancies occurring on the committee shall not affect 
  3.20  the authority of the remaining members of the committee to carry 
  3.21  out their duties and vacancies shall be filled according to 
  3.22  paragraph (a). 
  3.23     Subd. 3.  [DUTIES OF THE COMMISSIONER AND THE REVIEW 
  3.24  COMMITTEE.] (a) The commissioner, in consultation with the game 
  3.25  and fish enhancement review committee, shall develop a biennial 
  3.26  budget plan for expenditures from the game and fish enhancement 
  3.27  account.  By August 15 of each even-numbered year, the 
  3.28  commissioner shall submit the budget plan to the review 
  3.29  committee in a form determined by the committee.  By October 1 
  3.30  of each even-numbered year, the review committee shall meet and 
  3.31  make recommendations to the commissioner on the budget plan.  
  3.32  The review committee may include alternative expenditure items 
  3.33  in its recommendations. 
  3.34     (b) In the biennial budget submitted to the legislature, 
  3.35  the commissioner shall: 
  3.36     (1) submit separate budget detail for planned expenditures 
  4.1   from the game and fish enhancement account; and 
  4.2      (2) include any recommendations of the game and fish 
  4.3   enhancement review committee under paragraph (a). 
  4.4      (c) The commissioner shall submit a work program and 
  4.5   quarterly progress reports for appropriations from the game and 
  4.6   fish enhancement account to the members of the game and fish 
  4.7   enhancement review committee in the form determined by the 
  4.8   committee.  The chair may call quarterly meetings of the review 
  4.9   committee to review the progress reports. 
  4.10     Sec. 4.  [EFFECTIVE DATE.] 
  4.11     Sections 1 and 2 are effective the day following final 
  4.12  enactment, and apply to taxes on sales and uses after December 
  4.13  31, 2000.  Section 3 is effective the day following adoption by 
  4.14  the voters of the constitutional amendment proposed in section 1.