SF 1302

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to metropolitan government; modifying provisions governing
metropolitan livable communities fund; authorizing the creation of a nonprofit
organization; authorizing the use of funds to establish the foundation; requiring a
report; authorizing a transfer of funds between metropolitan livable communities
fund accounts; authorizing a onetime transfer from the livable communities
demonstration account for local planning assistance grants and loans.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin NONPROFIT FOUNDATION.
new text end

new text begin Subdivision 1. new text end

new text begin Nonprofit foundation may be established. new text end

new text begin Under Minnesota
Statutes, section 465.717, subdivision 1, the Metropolitan Council established by
Minnesota Statutes, section 473.123, may incorporate, create, or otherwise establish
a foundation. The purpose of the foundation shall be to help acquire or finance the
acquisition of lands and other assets for public recreation and open space within the
metropolitan area defined in Minnesota Statutes, section 473.121, subdivision 2, in order
to preserve and develop regional parks and related facilities. The foundation shall be a
private nonprofit organization and tax exempt under appropriate federal and state laws.
The foundation may accept gifts, donations, money, property, and other assets and may
transfer, donate, or otherwise provide such gifts, donations, money, property, and other
assets consistent with its dedicated purpose. The foundation is subject to the application of
other laws provisions of Minnesota Statutes, section 465.719, subdivision 9.
new text end

new text begin Subd. 2. new text end

new text begin Formation; board of directors; employees. new text end

new text begin The foundation's initial
board of directors must include business leaders, representatives of civic and nonprofit
organizations, and at least one representative from each of the following: the Metropolitan
Council, the Metropolitan Parks and Open Space Commission, the Department of Natural
Resources, and conservation and parks and trails advocacy organizations like the Trust
for Public Land and the Parks and Trails Council of Minnesota. The members of the
initial board must not be compensated by the foundation for their services but may be
reimbursed for reasonable expenses incurred in connection with their duties as board
members. Persons employed by the foundation are not public employees and must not
participate in retirement, deferred compensation, insurance, or other plans that apply
to public employees generally.
new text end

new text begin Subd. 3. new text end

new text begin Advisory committee. new text end

new text begin The foundation may appoint an advisory committee
to help establish the foundation. The advisory committee should include one or more
representatives of the following: the regional park implementing agencies within the
metropolitan area, the National Park Service, the United States Fish and Wildlife Service,
the Metropolitan Council, the Department of Natural Resources, existing public park
organizations, and other organizations as the foundation deems appropriate. Advisory
committee members shall not be compensated for their membership on the advisory
committee but may be reimbursed for reasonable expenses incurred in connection with
their duties as advisory committee members. The advisory committee may be dissolved by
the foundation when the foundation determines the advisory committee's work is complete.
new text end

Sec. 2. new text begin METROPOLITAN COUNCIL ASSISTANCE.
new text end

new text begin The Metropolitan Council may provide from its general fund up to $500,000 to help
create and establish the foundation. Until the foundation is established and functioning,
the council may provide, from the funding made available under this section, office space
and administrative support. The council may accept gifts, donations, money, property,
and other assets for purposes consistent with the foundation's purposes and shall, when
the foundation is established and functioning, transfer such gifts, donations, money,
property, and other assets to the foundation. The use of council funds and resources for
these purposes is a public purpose.
new text end

Sec. 3. new text begin REPORT.
new text end

new text begin On or before January 15, 2009, the council shall prepare and submit to the chairs
of the legislative committees and divisions with jurisdiction over metropolitan and local
government, a report on the creation and establishment of the foundation, including a
description of the public and private funds and resources used to help create and establish
the foundation.
new text end

Sec. 4. new text begin ONETIME TRANSFER.
new text end

new text begin Notwithstanding Minnesota Statutes, section 473.253, in 2007 the council may
transfer to the planning assistance fund provided in Minnesota Statutes, section 473.867,
subdivision 2, up to $1,000,000 of the amount levied by the council under Minnesota
Statutes, section 473.253, subdivision 1, for taxes payable in 2007. The council shall
use the amount transferred to the planning assistance fund for grants or loans to local
governments under section 473.867.
new text end

Sec. 5. new text begin APPLICATION.
new text end

new text begin This act applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end