HF 4063

1st Committee Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/22/2009 12:39 p.m.

1.1A bill for an act 1.2relating to state government; establishing a onetime grant to the Minnesota Film 1.3and TV Board; providing funds for the Minnesota Sesquicentennial Commission; 1.4permitting the Indian Affairs Council to conduct meetings by telephone or 1.5other electronic means; adding a term to definition of public official; adding a 1.6provision to the films jobs production program; requiring a study of vacation 1.7rental lodging; appropriating money;amending Minnesota Statutes 2006, section 1.8116U.26; Minnesota Statutes 2007 Supplement, sections 3.922, by adding a 1.9subdivision; 10A.01, subdivision 35. 1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11 Section 1. new text begin SUMMARY OF HERITAGE FINANCE APPROPRIATIONS. new text end 1.12     new text begin The amounts shown in this section summarize direct appropriations or reductions, new text end 1.13 new text begin by fund made in this act. new text end 1.14 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 1.15 new text begin General new text end new text begin $ new text end new text begin $ new text end new text begin 750,000 new text end new text begin $ new text end new text begin 750,000 new text end 1.16 Sec. 2. new text begin HERITAGE FINANCE APPROPRIATIONS AND REDUCTIONS. new text end 1.17     new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown new text end 1.18 new text begin in parentheses, subtracted from the appropriations in Laws 2007, chapter 135, or other new text end 1.19 new text begin law to the specified agencies and for the purposes specified in this act. The appropriations new text end 1.20 new text begin are from the general fund, or another named fund and are available for the fiscal years new text end 1.21 new text begin indicated for each purpose. The figures "2008" and "2009" used in this act mean that the new text end 1.22 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2008, or new text end 1.23 new text begin June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal new text end 1.24 new text begin year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal new text end 1.25 new text begin year ending June 30, 2008, are effective the day following final enactment. new text end 2.1 new text begin APPROPRIATIONS new text end 2.2 new text begin Available for the Year new text end 2.3 new text begin Ending June 30 new text end 2.4 new text begin 2008 new text end new text begin 2009 new text end 2.5 Sec. 3. new text begin EXPLORE MINNESOTA TOURISM new text end new text begin $ new text end new text begin $ new text end 2.6 new text begin Of the unexpended balance in the special new text end 2.7 new text begin marketing account established pursuant to new text end 2.8 new text begin Laws 2005, First Special Session chapter 1, new text end 2.9 new text begin article 3, section 6, $500,000 is appropriated new text end 2.10 new text begin for a onetime grant to the Minnesota Film new text end 2.11 new text begin and TV Board for the filming of a movie in new text end 2.12 new text begin Minnesota in 2008 and 2009. The grant is new text end 2.13 new text begin in addition to any payments made for the new text end 2.14 new text begin same purpose from the film production jobs new text end 2.15 new text begin program under Minnesota Statutes, section new text end 2.16 new text begin 116U.26. This appropriation is available new text end 2.17 new text begin until expended. new text end 2.18 2.19 Sec. 4. new text begin MINNESOTA HISTORICAL new text end new text begin SOCIETY new text end new text begin $ new text end new text begin $ new text end new text begin 750,000 new text end 2.20 new text begin $750,000 in the second year is a new text end 2.21 new text begin onetime appropriation for the Minnesota new text end 2.22 new text begin Sesquicentennial Commission. The new text end 2.23 new text begin Minnesota Historical Society, the State Arts new text end 2.24 new text begin Board, and Explore Minnesota Tourism new text end 2.25 new text begin may assist the commission in designing new text end 2.26 new text begin and implementing the grants program. new text end 2.27 new text begin The commission shall encourage private new text end 2.28 new text begin contributions to match the state funds to the new text end 2.29 new text begin greatest extent possible. Any gifts, pledges, new text end 2.30 new text begin membership fees, or contributions received new text end 2.31 new text begin by the commission are appropriated to the new text end 2.32 new text begin commission. The commission is encouraged new text end 2.33 new text begin to solicit and select a state song for the state new text end 2.34 new text begin of Minnesota. new text end 3.1    Sec. 5. Minnesota Statutes 2007 Supplement, section 3.922, is amended by adding a 3.2subdivision to read: 3.3     new text begin Subd. 4a. new text end new text begin Meetings by electronic means. new text end new text begin (a) Notwithstanding section 13D.01, the new text end 3.4 new text begin Indian Affairs Council may conduct a meeting of its members by telephone or other new text end 3.5 new text begin electronic means so long as the following conditions are met: new text end 3.6     new text begin (1) all members of the council participating in the meeting, wherever their physical new text end 3.7 new text begin location, can hear one another and can hear all discussion and testimony; new text end 3.8     new text begin (2) members of the public present at the regular meeting location of the council can new text end 3.9 new text begin hear all discussion and all votes of members of the council and participate in testimony; new text end 3.10     new text begin (3) at least one member of the council is physically present at the regular meeting new text end 3.11 new text begin location; and new text end 3.12     new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be new text end 3.13 new text begin identified and recorded. new text end 3.14     new text begin (b) Each member of the council participating in a meeting by telephone or other new text end 3.15 new text begin electronic means is considered present at the meeting for purposes of determining a new text end 3.16 new text begin quorum and participating in all proceedings. new text end 3.17     new text begin (c) If telephone or another electronic means is used to conduct a meeting, the council, new text end 3.18 new text begin to the extent practical, shall allow a person to monitor the meeting electronically from a new text end 3.19 new text begin remote location. The council may require the person making such a connection to pay for new text end 3.20 new text begin documented marginal costs that the council incurs as a result of the additional connection. new text end 3.21     new text begin (d) If telephone or another electronic means is used to conduct a regular, special, or new text end 3.22 new text begin emergency meeting, the council shall provide notice of the regular meeting location, of new text end 3.23 new text begin the fact that some members may participate by electronic means, and of the provisions of new text end 3.24 new text begin paragraph (c). The timing and method of providing notice is governed by section 13D.04. new text end 3.25    Sec. 6. Minnesota Statutes 2007 Supplement, section 10A.01, subdivision 35, is 3.26amended to read: 3.27    Subd. 35. Public official. "Public official" means any: 3.28    (1) member of the legislature; 3.29    (2) individual employed by the legislature as secretary of the senate, legislative 3.30auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or 3.31attorney in the Office of Senate Counsel and Research or House Research; 3.32    (3) constitutional officer in the executive branch and the officer's chief administrative 3.33deputy; 3.34    (4) solicitor general or deputy, assistant, or special assistant attorney general; 4.1    (5) commissioner, deputy commissioner, or assistant commissioner of any state 4.2department or agency as listed in section 15.01 or 15.06, or the state chief information 4.3officer; 4.4    (6) member, chief administrative officer, or deputy chief administrative officer of a 4.5state board or commission that has either the power to adopt, amend, or repeal rules under 4.6chapter 14, or the power to adjudicate contested cases or appeals under chapter 14; 4.7    (7) individual employed in the executive branch who is authorized to adopt, amend, 4.8or repeal rules under chapter 14 or adjudicate contested cases under chapter 14; 4.9    (8) executive director of the State Board of Investment; 4.10    (9) deputy of any official listed in clauses (7) and (8); 4.11    (10) judge of the Workers' Compensation Court of Appeals; 4.12    (11) administrative law judge or compensation judge in the State Office of 4.13Administrative Hearings or referee in the Department of Employment and Economic 4.14Development; 4.15    (12) member, regional administrator, division director, general counsel, or operations 4.16manager of the Metropolitan Council; 4.17    (13) member or chief administrator of a metropolitan agency; 4.18    (14) director of the Division of Alcohol and Gambling Enforcement in the 4.19Department of Public Safety; 4.20    (15) member or executive director of the Higher Education Facilities Authority; 4.21    (16) member of the board of directors or president of Minnesota Technology, Inc.; 4.22    (17) member of the board of directors or executive director of the Minnesota State 4.23High School League; 4.24    (18) member of the Minnesota Ballpark Authority established in section 473.755; 4.25    (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources; 4.26    (20) manager of a watershed district, or member of a watershed management 4.27organization as defined under section 103B.205, subdivision 13; or 4.28    (21) supervisor of a soil and water conservation district new text begin ; or new text end 4.29     new text begin (22) director of Explore Minnesota Tourism new text end . 4.30    Sec. 7. Minnesota Statutes 2006, section 116U.26, is amended to read: 4.31116U.26 FILM JOBS PRODUCTION PROGRAM. 4.32    (a) The film production jobs program is created. The program shall be operated 4.33by the Minnesota Film and TV Board with administrative oversight and control by the 4.34director of Explore Minnesota Tourism. The program shall make payment to producers of 4.35feature films, national television programs, documentaries, music videos, and commercials 5.1that directly create new film jobs in Minnesota. To be eligible for a payment, a producer 5.2must submit documentation to the Minnesota Film and TV Board of expenditures for 5.3production costs incurred in Minnesota that are directly attributable to the production 5.4in Minnesota of a film product. 5.5    The Minnesota Film and TV Board shall make recommendations to the director of 5.6Explore Minnesota Tourism about program payment, but the director has the authority to 5.7make the final determination on payments. The director's determination must be based 5.8on proper documentation of eligible production costs submitted for payments. No more 5.9than five percent of the funds appropriated for the program in any year may be expended 5.10for administration. 5.11    (b) For the purposes of this section: 5.12    (1) "production costs" means the cost of the following: 5.13    (i) a story and scenario to be used for a film; 5.14    (ii) salaries of talent, management, and labor, including payments to personal 5.15services corporations for the services of a performing artist; 5.16    (iii) set construction and operations, wardrobe, accessories, and related services; 5.17    (iv) photography, sound synchronization, lighting, and related services; 5.18    (v) editing and related services; 5.19    (vi) rental of facilities and equipment; or 5.20    (vii) other direct costs of producing the film in accordance with generally accepted 5.21entertainment industry practice; and 5.22    (2) "film" means a movie, television show, documentary, music video, or television 5.23commercial, whether on film or video. Film does not include news, current events, public 5.24programming, or a program that includes weather or market reports; a talk show; a 5.25production with respect to a questionnaire or contest; a sports event or sports activity; a 5.26gala presentation or awards show; a finished production that solicits funds; or a production 5.27for which the production company is required under United States Code, title 18, section 5.282257, to maintain records with respect to a performer portrayed in a single-media or 5.29multimedia program. 5.30     new text begin (c) Notwithstanding any other law to the contrary, the Minnesota Film and TV Board new text end 5.31 new text begin may make reimbursements of up to 20 percent of film production costs for films that incur new text end 5.32 new text begin production costs in excess of $5,000,000 in Minnesota within a 12-month period. new text end 5.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective for films that begin filming on or new text end 5.34 new text begin after the day following final enactment. new text end 5.35    Sec. 8. new text begin MINNESOTA VACATION RENTAL LODGING STUDY. new text end 6.1     new text begin Explore Minnesota Tourism shall conduct a study of vacation rental lodging in new text end 6.2 new text begin Minnesota and report to the legislature any recommendations needed to protect consumers, new text end 6.3 new text begin ensure tax compliance, promote safe rentals, and promote tourism in Minnesota. new text end 6.4     new text begin Explore Minnesota Tourism shall consult with the Minnesota Department of new text end 6.5 new text begin Revenue, Minnesota Department of Health, political subdivisions, and representatives of new text end 6.6 new text begin the tourism industry including resorts, bed and breakfast establishments, cabin owner new text end 6.7 new text begin associations, convention and visitor bureaus, and others to determine and recommend new text end 6.8 new text begin regulations or legislation to define and promote the vacation rental lodging. new text end 6.9     new text begin Explore Minnesota Tourism shall report by January 15, 2009, to the chairs new text end 6.10 new text begin of the house of representatives and senate committees with jurisdiction over any new text end 6.11 new text begin recommendations developed from the study, including any proposed legislation. new text end 6.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end