1.1A bill for an act1.2relating to Minnesota heritage finance; appropriating money for tourism, 1.3historical, arts, humanities, public broadcasting, amateur sports, and zoological 1.4purposes; for the Councils on Black Minnesotans, Chicano/Latino Affairs, and 1.5Asian-Pacific Minnesotans and the Indian Affairs Council; and for the Science 1.6Museum of Minnesota; changing certain provisions related to care and control of 1.7battle flags;amending Minnesota Statutes 2006, section 190.096.1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.9ARTICLE 11.10MINNESOTA HERITAGE FINANCE APPROPRIATIONS

1.11Section 1.  SUMMARY OF APPROPRIATIONS.

1.12    The amounts shown in this section summarize direct appropriations by fund made 1.13in this article.

1.1420082009Total1.15General$64,538,000$60,839,000$125,377,0001.16Natural Resources137,000138,000275,0001.17Total$64,675,000$60,977,000$125,652,000

1.18Sec. 2. MINNESOTA HERITAGE APPROPRIATIONS.

1.19    The sums shown in the columns marked "Appropriations" are appropriated to the 1.20agencies and for the purposes specified in this article. The appropriations are from the 1.21general fund, or another named fund, and are available for the fiscal years indicated 1.22for each purpose. The figures "2008" and "2009" used in this article mean that the 1.23appropriations listed under them are available for the fiscal year ending June 30, 2008, or 1.24June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal 2.1year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal 2.2year ending June 30, 2007, are effective the day following final enactment.

2.3APPROPRIATIONS2.4Available for the Year2.5Ending June 302.620082009

2.7Sec. 3. EXPLORE MINNESOTA TOURISM$11,669,000$12,587,000

2.8(a) To develop maximum private sector 2.9involvement in tourism, $1,000,000 in the 2.10first year and $2,000,000 in the second year 2.11must be matched by Explore Minnesota 2.12Tourism from nonstate sources. Each $1 of 2.13state incentive must be matched with $3 of 2.14private sector funding. Cash match is defined 2.15as revenue to the state or documented cash 2.16expenditures directly expended to support 2.17Explore Minnesota Tourism programs. Up 2.18to one-half of the private sector contribution 2.19may be in-kind or soft match. The incentive 2.20in the first year shall be based on fiscal 2.21year 2007 private sector contributions as 2.22prescribed in Laws 2005, First Special 2.23Session chapter 1, article 3, section 6. The 2.24incentive increase in the second year will 2.25be based on fiscal year 2008 private sector 2.26contributions. This incentive is ongoing.2.27(b) Funding for the marketing grants is 2.28available either year of the biennium. 2.29Unexpended grant funds from the first year 2.30are available in the second year.2.31(c) Any unexpended money from the general 2.32fund appropriations made under this section 2.33does not cancel but must be placed in a 2.34special marketing account for use by Explore 3.1Minnesota Tourism for additional marketing 3.2activities.3.3(d) $250,000 the first year and $250,000 3.4the second year are for operating costs of 3.5the Minnesota Film and TV Board. The 3.6appropriation in each year is available 3.7only upon receipt by the board of $1 in 3.8matching contributions of money or in-kind 3.9contributions from nonstate sources for every 3.10$3 provided by this appropriation.3.11(e) $750,000 is appropriated each year for a 3.12grant to the Minnesota Film and TV Board 3.13for the film jobs production program under 3.14Minnesota Statutes, section 116U.26. Of 3.15this amount, up to $25,000 each year may 3.16be used for administration. The budget base 3.17for the film jobs production program shall be 3.18$500,000 in fiscal year 2010 and $500,000 in 3.19fiscal year 2011.3.20(f) $150,000 in the first year is for a onetime 3.21grant to St. Louis County to be used for 3.22feasibility studies and planning activities 3.23concerning additional uses for the St. Louis 3.24County Heritage and Arts Center at the 3.25Duluth depot. The studies and planning 3.26activities must include:3.27(1) examining the costs and benefits of 3.28relocating the Northeast Minnesota Office of 3.29Tourism to the Duluth depot;3.30(2) establishing a heritage tourism center at 3.31the Duluth depot;3.32(3) developing a multimodal operational plan 3.33integrating railroad and bus service; and4.1(4) identifying additional services and 4.2activities that would contribute toward 4.3returning the Duluth depot to being a 4.4working railroad station and cultural gateway 4.5to Duluth and St. Louis County.4.6This appropriation is available until June 30, 4.72009.

4.84.9Sec. 4. MINNESOTA HISTORICAL SOCIETY

4.10Subdivision 1.Total Appropriation$29,031,000$24,441,000

4.11The amounts that may be spent for each 4.12purpose are specified in the following 4.13subdivisions.4.14$500,000 the first year and $500,000 the 4.15second year are for increased rent costs. This 4.16amount is added to the society's base budget.

4.17Subd. 2.Education and Outreach17,307,00013,765,000

4.18(a) Of this amount, $1,700,000 the first year 4.19is a onetime appropriation for the Minnesota 4.20Sesquicentennial Commission. Of this 4.21appropriation, $750,000 is for competitive 4.22matching grants for local events and projects; 4.23$750,000 is for planning and support of 4.24statewide activities, and up to $200,000 may 4.25be used for administration.4.26(b) The Minnesota Historical Society, the 4.27State Arts Board, and Explore Minnesota 4.28Tourism may assist the commission in 4.29designing and implementing the grants 4.30program.4.31(c) The commission shall encourage private 4.32contributions to match the state funds to 4.33the greatest extent possible. Contributions 5.1received by the commission are appropriated 5.2to the commission.5.3$1,500,000 in the first year is for a 5.4grant-in-aid program for county and local 5.5historical societies. The Minnesota Historical 5.6Society shall establish program guidelines 5.7and grant evaluation and award criteria for 5.8the program. Each dollar of state funds 5.9awarded to a grantee must be matched with 5.10nonstate funds on a dollar-for-dollar basis by 5.11a grantee. This is a onetime appropriation 5.12and is available until expended. 5.13$500,000 in the first year is for a grant-in-aid 5.14program for county and local historical 5.15societies for the repair, restoration, and 5.16preservation of historic sites and buildings 5.17in Minnesota. The Minnesota Historical 5.18Society shall establish program guidelines 5.19and grant evaluation and award criteria for 5.20the program. This is a onetime appropriation 5.21and is available until expended.5.22(d) $60,000 each year is to offset the revenue 5.23loss from not charging fees for general tours 5.24at the Capitol. This appropriation is added to 5.25the society's base budget.5.26(e) Notwithstanding Minnesota Statutes, 5.27section 138.668, the Minnesota Historical 5.28Society may not charge a fee for its general 5.29tours at the Capitol, but may charge fees for 5.30special programs other than general tours.

5.31Subd. 3.Preservation and Access10,953,00010,271,000

5.32$500,000 in the first year is to conduct a 5.33conservation survey and for restoration, 5.34treatment, moving, and storage of the 1905 5.35historic furnishings and works of art in the 6.1Minnesota State Capitol. This is a onetime 6.2appropriation and is available until June 30, 6.32009.6.4$308,000 the first year is for the preservation 6.5of battle flags. This is a onetime appropriation 6.6and is available until June 30, 2009.

6.7Subd. 4.Pass-Through Appropriations771,000405,000

6.8(a) Minnesota International Center43,00043,000

6.9(b) Minnesota Air National Guard Museum16,000-0-

6.10(c) Minnesota Military Museum234,000234,000

6.11(d) Farmamerica128,000128,000

6.12(e) Balances Forward

6.13Any unencumbered balance remaining in 6.14this subdivision the first year does not cancel 6.15but is available for the second year of the 6.16biennium.6.17$150,000 in the first year is for a onetime 6.18grant to the Nicollet County Historical 6.19Society for renovation of the center exhibit 6.20gallery in the Treaty Site History Center 6.21in St. Peter, including additions to the 6.22center's infrastructure and state-of-the-art 6.23interpretive elements. This appropriation is 6.24available until the project is completed or 6.25abandoned, subject to Minnesota Statutes, 6.26section 16A.642.6.27$200,000 in the first year is for a grant to 6.28the Hmong Studies Center at Concordia 6.29University in St. Paul, Minnesota, to be 6.30used for preservation of Hmong historical 6.31artifacts and documents. Any part of the 6.32appropriation not used in fiscal year 2008 is 6.33available for use in fiscal year 2009. This is 7.1a onetime appropriation and is available until 7.2expended.

7.3Subd. 5.Fund Transfer

7.4The Minnesota Historical Society may 7.5reallocate funds appropriated in and between 7.6subdivisions 2 and 3 for any program 7.7purposes.

7.8Subd. 6.Minnesota River Valley Study Group

7.9The Minnesota Historical Society in 7.10cooperation with Explore Minnesota Tourism 7.11shall establish and coordinate a Minnesota 7.12River Valley study group. The Minnesota 7.13River Valley study group shall be comprised 7.14of representatives of the Minnesota Valley 7.15Scenic Byway Alliance, the Department 7.16of Natural Resources, the Department 7.17of Transportation, the Minnesota Indian 7.18Affairs Council, the Region 6 West, Region 7.196 East, Region 8 and Region 9 Regional 7.20Development Commissions, the Minnesota 7.21Historical Society, Explore Minnesota 7.22Tourism, State Arts Board, and other 7.23interested parties. The study group must 7.24develop a plan for coordinated activities 7.25among organizations represented on the 7.26study group to enhance and promote historic 7.27sites, and historic, scenic, and natural 7.28features of the Minnesota River Valley 7.29area. Study topics shall include, but are 7.30not limited to, historic sites related to the 7.31Dakota Conflict of 1862 and the state and 7.32local preparations for the sesquicentennial of 7.33this event. The Minnesota Historical Society 7.34and Explore Minnesota Tourism shall report 7.35on the findings and recommendations of 8.1the Minnesota River Valley study group to 8.2the standing committees of the house of 8.3representatives and senate with jurisdiction 8.4over historic sites and tourism by March 1, 8.52008. The Minnesota River Valley study 8.6group shall serve without compensation.

8.7Sec. 5. BOARD OF THE ARTS

8.8Subdivision 1.Total Appropriation$9,975,000$9,982,000

8.9The amounts that may be spent for each 8.10purpose are specified in the following 8.11subdivisions.

8.12Subd. 2.Operations and Services637,000644,000

8.13Subd. 3.Grants Programs6,452,0006,452,000

8.14The base budget for the grants program 8.15shall be $5,924,000 in fiscal year 2010 and 8.16$5,924,000 in fiscal year 2011.

8.17Subd. 4.Regional Arts Councils2,886,0002,886,000

8.18The base budget for the regional arts councils 8.19shall be $2,539,000 in fiscal year 2010 and 8.20$2,539,000 in fiscal year 2011.

8.218.22Sec. 6. MINNESOTA HUMANITIES COMMISSION$500,000$500,000

8.23Of this amount, ten percent in each 8.24year is for lifelong learning programs in 8.25greater Minnesota communities that do not 8.26receive financial support from other large 8.27educational institutions. The base budget 8.28for the Minnesota Humanities Commission 8.29is $500,000 each year in the 2010-2011 8.30biennium.

8.31Sec. 7. PUBLIC BROADCASTING$3,103,000$3,103,000

9.1(a) $1,613,000 the first year and $1,613,000 9.2the second year are for matching grants 9.3for public television. The base budget for 9.4matching grants shall be $1,161,000 in fiscal 9.5year 2010 and $1,161,000 in fiscal year 2011.9.6(b) $398,000 the first year and $398,000 9.7the second year are for public television 9.8equipment grants. Equipment or matching 9.9grant allocations shall be made after 9.10considering the recommendations of the 9.11Minnesota Public Television Association. 9.12The base budget for public television 9.13equipment grants shall be $200,000 in fiscal 9.14year 2010 and $200,000 in fiscal year 2011.9.15(c) $17,000 the first year and $17,000 the 9.16second year are for grants to the Twin Cities 9.17regional cable channel.9.18(d) $350,000 in fiscal year 2008 and $350,000 9.19in fiscal year 2009 are for community service 9.20grants to public educational radio stations. 9.21The base budget for the community service 9.22grants shall be $287,000 in fiscal year 2010 9.23and $287,000 in fiscal year 2011.9.24(e) $250,000 in fiscal year 2008 and $250,000 9.25in fiscal year 2009 are for equipment grants 9.26to public educational radio stations. The 9.27general fund base funding for equipment 9.28grants is increased by $125,000 each year in 9.29the fiscal 2010-2011 biennium.9.30(f) The grants in paragraphs (d) and (e) 9.31must be allocated after considering the 9.32recommendations of the Association of 9.33Minnesota Public Educational Radio Stations 9.34under Minnesota Statutes, section 129D.14.10.1(g) $475,000 the first year and $475,000 10.2the second year are for equipment grants to 10.3Minnesota Public Radio, Inc. The budget 10.4base for the Minnesota Public Radio, Inc. 10.5equipment grants shall be $190,000 in fiscal 10.6year 2010 and $190,000 in fiscal year 2011.10.7(h) Any unencumbered balance remaining 10.8the first year for grants to public television or 10.9radio stations does not cancel and is available 10.10for the second year.

10.11Sec. 8. AMATEUR SPORTS COMMISSION$371,000$376,000

10.12Of this amount, $67,000 each year is to be 10.13used for an additional event development 10.14position. This is a onetime appropriation. 10.15The base budget for the Amateur Sports 10.16Commission shall be $215,000 in fiscal year 10.172010 and $215,000 in fiscal year 2011.10.18The amount available for appropriation to 10.19the commission under Laws 2005, chapter 10.20156, article 2, section 43, is reduced in the 10.21first year and the second year by the amounts 10.22appropriated in this section.

10.2310.24Sec. 9. COUNCIL ON BLACK MINNESOTANS$322,000$328,000

10.25$25,000 the first year and $25,000 the second 10.26year are for expenses related to the state's 10.27annual Martin Luther King, Jr. holiday 10.28celebration.

10.2910.30Sec. 10. COUNCIL ON CHICANO/LATINO AFFAIRS$306,000$310,000

10.3110.32Sec. 11. COUNCIL ON ASIAN-PACIFIC MINNESOTANS$287,000$285,000

11.1Sec. 12. INDIAN AFFAIRS COUNCIL$661,000$487,000

11.2$80,000 in the first year is for the acquisition 11.3of an Indian burial site in Becker County. The 11.4Indian Affairs Council shall solicit donations 11.5from federal, state, nonprofit, private, and 11.6tribal sources for this purpose. This is a 11.7onetime appropriation and is available for 11.8expenditure until June 30, 2009.11.9$100,000 in the first year is for transfer to the 11.10director of the Minnesota Office of Higher 11.11Education for a grant for the Dakota/Ojibwe 11.12Language Revitalization Project to expand 11.13an existing pilot project to promote activities 11.14and programs that are specific to promoting 11.15revitalization of indigenous language for 11.16American Indian children who do not live 11.17on an Indian reservation. The pilot project 11.18shall focus on developing programs that 11.19meet the language needs of children in 11.20prekindergarten through grade 12. This is a 11.21onetime appropriation.

11.2211.23Sec. 13. SCIENCE MUSEUM OF MINNESOTA$1,250,000$1,250,000

11.24The base budget for the Science Museum 11.25of Minnesota is $1,000,000 each year in the 11.262010-2011 biennium.

11.27Sec. 14. ZOOLOGICAL BOARD$7,200,000$7,328,000

11.28Appropriations by Fund11.292008200911.30General7,063,0007,190,00011.31Natural Resources137,000138,000

11.32$137,000 the first year and $138,000 the 11.33second year are from the natural resources 11.34fund from the revenue deposited under 12.1Minnesota Statutes, section 297A.94, 12.2paragraph (e), clause (5). This is a onetime 12.3appropriation.12.4The general fund base budget for the 12.5Zoological Board is $6,940,000 each year in 12.6the 2010-2011 biennium.12.7ARTICLE 212.8POLICY12.9    Section 1. Minnesota Statutes 2006, section 190.096, is amended to read:12.10190.096 BATTLE FLAGS; REPAIR.12.11    Subdivision 1. Authority to repair. Notwithstanding the provisions of Minnesota 12.12Statutes 1961, chapters 16 and 43, the adjutant general or the Minnesota Historical 12.13Society may contract for the repair, restoration, and preservation of regimental battle flags, 12.14standards, and guidons with persons or corporations skilled in such repair, restoration, and 12.15preservation, upon terms or conditions the adjutant general or the Minnesota Historical 12.16Society deems proper, subject to the approval of the commissioner of administration.12.17    Subd. 2. Surrender. Notwithstanding the provisions of this section or section 12.18190.09
         , the adjutant general or the Minnesota Historical Society may, for the purposes 12.19of this section, surrender the immediate custody and control of regimental battle flags, 12.20standards, and guidons under conditions and safeguards the adjutant general or the 12.21Minnesota Historical Society deems necessary and proper, for such time as is reasonably 12.22necessary for their restoration, after which they shall at once be again properly stored 12.23or displayed. The adjutant general or the Minnesota Historical Society shall provide 12.24adequate storage and display space for flags, standards, and guidons which have been 12.25repaired and restored. 12.26    Subd. 3.Battle flags; care and control.(a) The flags and colors carried by 12.27Minnesota troops in the Civil War, Indian Wars, and the Spanish-American War shall be 12.28preserved under the care and control of the Minnesota Historical Society. They shall be 12.29suitably encased and marked, and, so far as the historical society may deem it consistent 12.30with the safety of the flags and colors, they shall be publicly displayed in the capitol.12.31    (b) The flags and colors carried by Minnesota troops in subsequent wars shall be 12.32preserved under the care and control of the adjutant general. They shall be suitably 12.33encased and marked, and, so far as the adjutant general may deem it consistent with the 12.34safety of the flags and colors, shall be publicly displayed.