HF 780

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:41am

A bill for an act
relating to education finance; prohibiting the payment of management costs from
permanent school trust fund land proceeds; appropriating money; amending
Minnesota Statutes 2008, sections 16A.125, subdivision 5; 93.22, subdivision 1;
93.2236.

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

Section 1.

Minnesota Statutes 2008, section 16A.125, subdivision 5, is amended to
read:

Subd. 5.

Forest trust lands.

(a) The term "state forest trust fund lands" as used in
this subdivision, means public land in trust under the Constitution new text begin , excluding permanent
school trust fund lands, new text end set apart as "forest lands under the authority of the commissioner"
of natural resources as defined by section 89.001, subdivision 13.

(b) The commissioner of finance shall credit the revenue from the forest trust fund
lands to the forest suspense account. The account must specify the trust funds interested in
the lands and the respective receipts of the lands.

(c) After a fiscal year, the commissioner of finance shall certify the total costs
incurred for forestry during that year under appropriations for the protection, improvement,
administration, and management of state forest trust fund lands and construction and
improvement of forest roads to enhance the forest value of the lands. The certificate must
specify the trust funds interested in the lands. The commissioner of natural resources shall
supply the commissioner of finance with the information needed for the certificate.

(d) After a fiscal year, the commissioner shall distribute the receipts credited to the
suspense account during that fiscal year as follows:

(1) the amount of the certified costs incurred by the state for forest management,
forest improvement, and road improvement during the fiscal year shall be transferred to
the forest management investment account established under section 89.039;

(2) the balance of the certified costs incurred by the state during the fiscal year
shall be transferred to the general fund; and

(3) the balance of the receipts shall then be returned prorated to the trust funds in
proportion to their respective interests in the lands which produced the receipts.

new text begin (e) The commissioner of natural resources must provide the same levels of
protection, improvement, administration, and management of permanent school trust fund
lands as it provides for the other lands included in this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 2.

Minnesota Statutes 2008, section 93.22, subdivision 1, is amended to read:

Subdivision 1.

Generally.

(a) All payments under sections 93.14 to 93.285 shall
be made to the Department of Natural Resources and shall be credited according to this
section.

(b) Twenty percent of all payments new text begin , except for those payments received for
permanent school trust fund lands, new text end under sections 93.14 to 93.285 shall be credited to the
minerals management account in the natural resources fund as costs for the administration
and management of state mineral resources by the commissioner of natural resources.

(c) The remainder of the payments shall be credited as follows:

(1) if the lands or minerals and mineral rights covered by a lease are held by the state
by virtue of an act of Congress, payments made under the lease shall be credited to the
permanent fund of the class of land to which the leased premises belong;

(2) if a lease covers the bed of navigable waters, payments made under the lease
shall be credited to the permanent school fund of the state;

(3) if the lands or minerals and mineral rights covered by a lease are held by the state
in trust for the taxing districts, payments made under the lease shall be distributed annually
on the first day of September to the respective counties in which the lands lie, to be
apportioned among the taxing districts interested therein as follows: county, three-ninths;
town or city, two-ninths; and school district, four-ninths;

(4) if the lands or mineral rights covered by a lease became the absolute property of
the state under the provisions of chapter 84A, payments made under the lease shall be
distributed as follows: county containing the land from which the income was derived,
five-eighths; and general fund of the state, three-eighths; and

(5) except as provided under this section and except where the disposition of
payments may be otherwise directed by law, payments made under a lease shall be paid
into the general fund of the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end

Sec. 3.

Minnesota Statutes 2008, section 93.2236, is amended to read:

93.2236 MINERALS MANAGEMENT ACCOUNT.

(a) The minerals management account is created as an account in the natural
resources fund. Interest earned on money in the account accrues to the account. Money in
the account may be spent or distributed only as provided in paragraphs (b) and (c).

(b) If the balance in the minerals management account exceeds $3,000,000 on June
30, the amount exceeding $3,000,000 must be distributed to the deleted text begin permanent school fund
and the deleted text end permanent university fund. deleted text begin The amount distributed to each fund must be in the
same proportion as the total mineral lease revenue received in the previous biennium
from school trust lands and university lands.
deleted text end

(c) Subject to appropriation by the legislature, money in the minerals management
account may be spent by the commissioner of natural resources for mineral resource
management and projects to enhance future mineral income and promote new mineral
resource opportunities.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 4. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Forestry. new text end

new text begin $....... is appropriated in fiscal year 2011 from the general
fund to the commissioner of natural resources for the forest management activities
required under Minnesota Statutes, section 16A.125, subdivision 5.
new text end

new text begin Subd. 2. new text end

new text begin Minerals. new text end

new text begin $....... is appropriated in fiscal year 2011 from the general
fund to the commissioner of natural resources for the minerals management activities for
permanent school trust fund lands.
new text end