HF 27

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to constitutional amendments; proposing an amendment to the Minnesota
Constitution by adding a section to article XI; dedicating sales and use tax
receipts equal to a rate of one-eighth of one percent on taxable sales and uses
to provide angler and hunter access and to improve, preserve, or protect game
and fish habitat; creating a game and fish preservation fund; providing for a
walk-in public access program; amending Minnesota Statutes 2006, sections
97A.055, subdivision 4b; 297A.94; proposing coding for new law in Minnesota
Statutes, chapter 84.

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

Section 1. new text begin CONSTITUTIONAL AMENDMENT.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, a section will be added to article XI, to read:
new text end

new text begin Sec. 15. Because hunting and fishing and the taking of game and fish are forever
preserved for the people under article XIII, section 12, beginning July 1, 2009, the sales
and use tax receipts equal to the state sales and use tax of one-eighth of one percent on
sales and uses taxable under the general state sales and use tax law, plus penalties and
interest and reduced by any refunds, are dedicated only to provide hunter and angler
access and to improve, preserve, or protect game and fish habitat. The money dedicated
under this section shall not be used as a substitute for traditional funding sources for
the purposes specified, but the dedicated money shall supplement traditional sources of
funding for those purposes. Easements in land acquired with money deposited in the
game and fish preservation fund under this section must be open to public taking of game
and fish during the open season.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment shall be submitted to the people at the 2008 general
election. The question submitted shall be:
new text end

new text begin "Because hunting and fishing are forever preserved under the Minnesota
Constitution, shall the Minnesota Constitution be amended to provide funding, without
increasing the state sales and use tax, beginning July 1, 2009, to provide hunter and angler
access and to improve, preserve, or protect game and fish habitat by dedicating the sales
and use tax receipts equal to the state sales and use tax of one-eighth of one percent on
taxable sales?
new text end

new text begin Yes ....... new text end

new text begin No ......." new text end

Sec. 3.

new text begin [84.946] GAME AND FISH PRESERVATION FUND.
new text end

new text begin The commissioner of finance shall create a game and fish preservation fund. The
fund shall consist of revenue deposited under the Minnesota Constitution, article XI,
section 15, and all money earned by the fund.
new text end

Sec. 4.

new text begin [84.947] GAME AND FISH PRESERVATION FUND; EXPENDITURE
ALLOCATION.
new text end

new text begin The commissioner of natural resources' Budgetary Oversight Committee, under
section 97A.055, subdivision 4b, shall allocate expenditures from the game and fish
preservation fund. The amount of the game and fish preservation fund that is available
for appropriation under the terms of the Minnesota Constitution, article XI, section 15, is
appropriated to the commissioner of natural resources' Budgetary Oversight Committee.
The expenditure allocations must be only for projects that provide hunter and angler
access and to improve, preserve, or protect game and fish habitat.
new text end

Sec. 5.

new text begin [84.992] ACCESS TO MINNESOTA OUTDOORS.
new text end

new text begin Subdivision 1. new text end

new text begin Walk-in access plan. new text end

new text begin (a) The commissioner shall create a walk-in
public access plan under which the commissioner may encourage owners and operators of
privately held land to voluntarily make that land available for walk-in access by the public
for hunting and fishing under programs administered by the commissioner and funded by
revenue created under the Minnesota Constitution, article XI, section 15.
new text end

new text begin (b) As part of the plan, the commissioner shall explore entering into contracts with
the owners or lessees of land to establish voluntary walk-in public access for hunting,
fishing, or other wildlife-dependent recreational activities.
new text end

new text begin (c) In the plan, the commissioner must describe:
new text end

new text begin (1) the benefits that private land will provide the public, such as hunting, fishing,
bird watching, and related outdoor activities; and
new text end

new text begin (2) the types of game, fish, and wildlife habitat improvements made to the land that
will enhance public uses.
new text end

new text begin (d) The commissioner shall explore walk-in public access programs in other states
and develop a walk-in program for public access to private lands for hunting, fishing,
and related recreational activities.
new text end

new text begin Subd. 2. new text end

new text begin Preemption. new text end

new text begin Nothing in this section is intended to preempt other state
laws, including trespass and liability laws.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin Before implementation, the commissioner must present the
walk-in public access plan to the house and senate committees with jurisdiction over
natural resources policy and finance, with recommendations on program implementation,
by December 31, 2008.
new text end

Sec. 6.

Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read:

Subd. 4b.

Citizen oversight subcommittees.

(a) The commissioner shall appoint
subcommittees of affected persons to review the reports prepared under subdivision 4;
review the proposed work plans and budgets for the coming year; propose changes
in policies, activities, and revenue enhancements or reductions; review other relevant
information; and make recommendations to the legislature and the commissioner for
improvements in the management and use of money in the game and fish fund.

(b) The commissioner shall appoint the following subcommittees, each comprised
of at least three affected persons:

(1) a Fisheries Operations Subcommittee to review fisheries funding, excluding
activities related to trout and salmon stamp funding;

(2) a Wildlife Operations Subcommittee to review wildlife funding, excluding
activities related to migratory waterfowl, pheasant, and turkey stamp funding and
excluding review of the amounts available under section 97A.075, subdivision 1,
paragraphs (b) and (c);

(3) a Big Game Subcommittee to review the report required in subdivision 4,
paragraph (a), clause (2);

(4) an Ecological Services Operations Subcommittee to review ecological services
funding;

(5) a subcommittee to review game and fish fund funding of enforcement, support
services, and Department of Natural Resources administration;

(6) a subcommittee to review the trout and salmon stamp report and address funding
issues related to trout and salmon;

(7) a subcommittee to review the report on the migratory waterfowl stamp and
address funding issues related to migratory waterfowl;

(8) a subcommittee to review the report on the pheasant stamp and address funding
issues related to pheasants; and

(9) a subcommittee to review the report on the turkey stamp and address funding
issues related to wild turkeys.

(c) The chairs of each of the subcommittees shall form a Budgetary Oversight
Committee to coordinate the integration of the subcommittee reports into an annual
report to the legislature; recommend changes on a broad level in policies, activities, and
revenue enhancements or reductions; provide a forum to address issues that transcend the
subcommittees; and submit a report for any subcommittee that fails to submit its report
in a timely manner.

(d) The Budgetary Oversight Committee shall develop recommendations for a
biennial budget plan and report for expenditures on game and fish activities. By August 15
of each even-numbered year, the committee shall submit the budget plan recommendations
to the commissioner and to the senate and house committees with jurisdiction over natural
resources finance. new text begin In addition, the committee must review and decide on recommended
expenditures from the game and fish preservation fund under section 84.947.
new text end

(e) Each subcommittee shall choose its own chair, except that the chair of the
Budgetary Oversight Committee shall be appointed by the commissioner and may not
be the chair of any of the subcommittees.

(f) The Budgetary Oversight Committee must make recommendations to the
commissioner and to the senate and house committees with jurisdiction over natural
resources finance for outcome goals from expenditures.

(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the
Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010. new text begin
Expenses for performing their duties under this section are governed by section 15.059,
subdivision 6.
new text end

Sec. 7.

Minnesota Statutes 2006, section 297A.94, is amended to read:

297A.94 DEPOSIT OF REVENUES.

(a) Except as provided in this section new text begin and the Minnesota Constitution, article XI,
section 15 new text end , the commissioner shall deposit the revenues, including interest and penalties,
derived from the taxes imposed by this chapter in the state treasury and credit them to the
general fund.

(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:

(1) the taxes are derived from sales and use of property and services purchased for
the construction and operation of an agricultural resource project; and

(2) the purchase was made on or after the date on which a conditional commitment
was made for a loan guaranty for the project under section 41A.04, subdivision 3.

The commissioner of finance shall certify to the commissioner the date on which the
project received the conditional commitment. The amount deposited in the loan guaranty
account must be reduced by any refunds and by the costs incurred by the Department of
Revenue to administer and enforce the assessment and collection of the taxes.

(c) The commissioner shall deposit the revenues, including interest and penalties,
derived from the taxes imposed on sales and purchases included in section 297A.61,
subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them
as follows:

(1) first to the general obligation special tax bond debt service account in each fiscal
year the amount required by section 16A.661, subdivision 3, paragraph (b); and

(2) after the requirements of clause (1) have been met, the balance to the general
fund.

(d) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.64, subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall transfer to the highway user
tax distribution fund an amount equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.

(e) For fiscal year 2001, 97 percent; for fiscal years 2002 and 2003, 87 percent; and
for fiscal year 2004 and thereafter, 72.43 percent of the revenues, including interest and
penalties, transmitted to the commissioner under section 297A.65, must be deposited by
the commissioner in the state treasury as follows:

(1) 50 percent of the receipts must be deposited in the heritage enhancement account
in the game and fish fund, and may be spent only on activities that improve, enhance, or
protect fish and wildlife resources, including conservation, restoration, and enhancement
of land, water, and other natural resources of the state;

(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only for state parks and trails;

(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only on metropolitan park and trail grants;

(4) three percent of the receipts must be deposited in the natural resources fund, and
may be spent only on local trail grants; and

(5) two percent of the receipts must be deposited in the natural resources fund,
and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and
Conservatory, and the Duluth Zoo.

(f) The revenue dedicated under paragraph (e) may not be used as a substitute
for traditional sources of funding for the purposes specified, but the dedicated revenue
shall supplement traditional sources of funding for those purposes. Land acquired with
money deposited in the game and fish fund under paragraph (e) must be open to public
hunting and fishing during the open season, except that in aquatic management areas or
on lands where angling easements have been acquired, fishing may be prohibited during
certain times of the year and hunting may be prohibited. At least 87 percent of the money
deposited in the game and fish fund for improvement, enhancement, or protection of fish
and wildlife resources under paragraph (e) must be allocated for field operations.

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 apply to sales and uses occurring after June 30, 2009. Sections 3, 4,
6, and 7 are effective July 1, 2009, if the constitutional amendment proposed in section 1
is adopted by the voters. Section 5 is effective the day following final enactment.
new text end