HF 3660

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children; proposing an amendment to the 
  1.3             Minnesota Constitution by adding a new article XV, and 
  1.4             by renumbering certain sections; creating a children's 
  1.5             development fund; appropriating money; proposing 
  1.6             coding for new law as Minnesota Statutes, chapter 119C.
  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 new article XV 
  1.11  consisting of renumbered sections and a new section shall be 
  1.12  added to read: 
  1.13                             ARTICLE XV
  1.14                             EDUCATION
  1.15     Section 1.  [Article XIII, section 1, renumbered] 
  1.16     Sec. 2.  [Article XIII, section 2, renumbered] 
  1.17     Sec. 3.  [Article XIII, section 3, renumbered] 
  1.18     Sec. 4.  The children's development fund consists of the 
  1.19  proceeds of the settlement of the tobacco lawsuit styled as 
  1.20  State v. Philip Morris Inc., No. C1-94-8565 (Minnesota District 
  1.21  Court, Second Judicial District), received by the state on or 
  1.22  after July 1, 2001.  The assets of the fund must be appropriated 
  1.23  by law for purposes that will enhance the physical, emotional, 
  1.24  and intellectual development of children through the age of 
  1.25  eight years, including preventing them from being exposed to and 
  1.26  smoking tobacco.  The amount appropriated for each year of a 
  2.1   biennium, commencing on July 1 in each odd-numbered year and 
  2.2   ending on and including June 30 in the next odd-numbered year, 
  2.3   may be up to the following percentages of the market value of 
  2.4   the fund on June 30 one year before the start of the biennium:  
  2.5   15 percent for fiscal years ending before July 1, 2006, and 5.5 
  2.6   percent for fiscal years ending after July 1, 2006, plus 100 
  2.7   percent of any tobacco settlement proceeds received after that 
  2.8   date. 
  2.9      Sec. 5.  [Article XI, section 8, renumbered] 
  2.10     Sec. 6.  [Article XI, section 9, renumbered] 
  2.11     Sec. 2.  [SCHEDULE AND QUESTION.] 
  2.12     The amendment shall be submitted to the people at the 2000 
  2.13  general election.  The question submitted shall be: 
  2.14     "Shall the Minnesota Constitution be amended to create a 
  2.15  children's development fund as part of an article on education? 
  2.16                                     Yes .......
  2.17                                     No ........"
  2.18     Sec. 3.  [119C.01] [DEFINITIONS.] 
  2.19     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  2.20  section apply to sections 119C.01 to 119C.05.  
  2.21     Subd. 2.  [DEVELOPMENT FUND.] "Development fund" means the 
  2.22  children's development fund established in the Minnesota 
  2.23  Constitution, article XV, section 4.  
  2.24     Subd. 3.  [YOUNG CHILDREN.] "Young children" means children 
  2.25  through the age of eight years.  
  2.26     Sec. 4.  [119C.02] [DEVELOPMENT FUND NOT TO SUPPLANT 
  2.27  EXISTING FUNDING.] 
  2.28     The development fund may not be used as a substitute for 
  2.29  traditional sources of funding activities for young children and 
  2.30  their parents or activities designed to prevent youth from 
  2.31  smoking, but the development fund must be used to supplement 
  2.32  traditional sources, including sources used to support the 
  2.33  activities in section 119C.03.  
  2.34     Sec. 5.  [119C.03] [DEVELOPMENT FUND EXPENDITURES.] 
  2.35     Money in the development fund may be spent as appropriated 
  2.36  by law to: 
  3.1      (1) collect, analyze, and distribute to communities and 
  3.2   families information that enhances the development of young 
  3.3   children; 
  3.4      (2) create a universal early care and childhood development 
  3.5   program, to begin as a pilot program in the year 2002 in one 
  3.6   urban county, one suburban county, one rural county, and one 
  3.7   tribal reservation, and to be considered for statewide expansion 
  3.8   in the year 2004; 
  3.9      (3) enhance public education, awareness, and understanding 
  3.10  necessary to promote and encourage activities and decisions that 
  3.11  protect and stimulate young children's development; 
  3.12     (4) improve the lives and health of young children by 
  3.13  reducing their incidence of and exposure to smoking; 
  3.14     (5) supplement funding to projects that have demonstrated 
  3.15  successful outcomes in improving and enhancing the development 
  3.16  of young children or in reducing the incidence of and exposure 
  3.17  to smoking; and 
  3.18     (6) pay administrative and investment expenses incurred by 
  3.19  the state board of investment in investing assets of the 
  3.20  development fund. 
  3.21     Sec. 6.  [119C.05] [ROYALTIES; COPYRIGHTS; PATENTS.] 
  3.22     This section applies to projects supported by the 
  3.23  development fund.  The development fund owns and must take title 
  3.24  to the percentage of a royalty, copyright, or patent resulting 
  3.25  from a project supported by the fund equal to the percentage of 
  3.26  the project's total funding provided by the fund.  Cash receipts 
  3.27  resulting from a royalty, copyright, or patent, or the sale of 
  3.28  the development fund's rights to a royalty, copyright, or 
  3.29  patent, must be credited immediately to the principal of the 
  3.30  development fund.  
  3.31     Sec. 7.  [ADVISORY TASK FORCE.] 
  3.32     The children's development fund advisory task force 
  3.33  consists of 18 members.  The governor shall appoint six members 
  3.34  to the task force, of whom no more than three may be state 
  3.35  officers or employees.  The subcommittee on committees of the 
  3.36  committee on rules and administration shall appoint six members, 
  4.1   of whom no more than three may be members of the senate.  The 
  4.2   speaker of the house shall appoint six members, of whom no more 
  4.3   than three may be members of the house.  The task force shall 
  4.4   elect a chair from among its members.  The advisory task force 
  4.5   shall report to the legislature by January 15, 2001, its 
  4.6   recommendations for a permanent process for making annual or 
  4.7   biennial recommendations to the legislature on how the assets of 
  4.8   the children's development fund should best be spent to 
  4.9   accomplish the purposes of the fund.  Upon submission of its 
  4.10  report, the advisory task force expires.  The legislature 
  4.11  intends not to appropriate any assets of the fund until the 
  4.12  permanent process has been established by law. 
  4.13     Sec. 8.  [APPROPRIATION.] 
  4.14     $....... is appropriated from the general fund to the 
  4.15  children's development fund advisory task force to pay its 
  4.16  expenses.  The appropriation is available until June 30, 2001. 
  4.17     Sec. 9.  [EFFECTIVE DATE.] 
  4.18     Sections 3 to 8 are effective the day after the 
  4.19  constitutional amendment proposed in sections 1 and 2 is adopted.