1.1A bill for an act1.2relating to Minnesota heritage and outdoor resources finance; amending grant 1.3provisions for public stations; appropriating money for tourism, historical, 1.4arts, Public Facility Authority, public broadcasting, amateur sports, public 1.5libraries, children's museums, and zoological purposes; for the Councils on 1.6Black Minnesotans, Chicano/Latino Affairs, and Asian-Pacific Minnesotans and 1.7the Indian Affairs Council; for the Science Museum of Minnesota;amending 1.8Minnesota Statutes 2008, sections 129D.13; 129D.14, subdivisions 4, 5, 6; 1.9129D.155; repealing Minnesota Statutes 2008, section 240A.08.1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11Section 1.  SUMMARY OF APPROPRIATIONS.

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

1.1420102011Total1.15General$69,862,000$72,674,000$142,536,0001.16Natural Resources$138,000$138,000$276,0001.17Total$70,000,000$72,812,000$142,812,000

1.18Sec. 2. APPROPRIATIONS.

1.19    The sums shown in the columns marked "Appropriations" are appropriated to the 1.20agencies and for the purposes specified in this act. The appropriations are from the general 1.21fund, or another named fund, and are available for the fiscal years indicated for each 1.22purpose. The figures "2010" and "2011" used in this act mean that the appropriations 1.23listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011, 1.24respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011. 1.25"The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal year ending 1.26June 30, 2009, are effective the day following final enactment.

2.1APPROPRIATIONS2.2Available for the Year2.3Ending June 302.420102011

2.5Sec. 3. PUBLIC FACILITIES AUTHORITY$100,000$100,000

2.6$100,000 the first year and $100,000 the 2.7second year are for the small community 2.8wastewater treatment program under 2.9Minnesota Statutes, chapter 446A. This 2.10appropriation is available until spent.

2.11Sec. 4. EXPLORE MINNESOTA TOURISM$10,311,000$10,311,000

2.12(a) Of this amount, $12,000 each year is for a 2.13grant to the Upper Minnesota Film Office.2.14(b) To develop maximum private sector 2.15involvement in tourism, $500,000 the first 2.16year and $500,000 the second year must 2.17be matched by Explore Minnesota Tourism 2.18from nonstate sources. Each $1 of state 2.19incentive must be matched with $3 of private 2.20sector funding. Cash match is defined as 2.21revenue to the state or documented cash 2.22expenditures directly expended to support 2.23Explore Minnesota Tourism programs. Up 2.24to one-half of the private sector contribution 2.25may be in-kind or soft match. The incentive 2.26in the first year shall be based on fiscal 2.27year 2009 private sector contributions. The 2.28incentive in the second year will be based on 2.29fiscal year 2010 private sector contributions. 2.30This incentive is ongoing.2.31Funding for the marketing grants is available 2.32either year of the biennium. Unexpended 2.33grant funds from the first year are available 2.34in the second year.3.1Unexpended money from the general fund 3.2appropriations made under this section 3.3does not cancel but must be placed in a 3.4special marketing account for use by Explore 3.5Minnesota Tourism for additional marketing 3.6activities.3.7(c) $325,000 the first year and $325,000 the 3.8second year are for the Minnesota Film and 3.9TV Board. The appropriation in each year 3.10is available only upon receipt by the board 3.11of $1 in matching contributions of money or 3.12in-kind contributions from nonstate sources 3.13for every $3 provided by this appropriation.3.14(d) $650,000 the first year and $650,000 3.15the second year are appropriated for a grant 3.16to the Minnesota Film and TV Board for 3.17the film jobs production program under 3.18Minnesota Statutes, section 116U.26. These 3.19appropriations are available in either year 3.20of the biennium and are available until 3.21expended.

3.223.23Sec. 5. MINNESOTA HISTORICAL SOCIETY

3.24Subdivision 1.Total Appropriation$22,719,000$22,613,000

3.25The amounts that may be spent for each 3.26purpose are specified in the following 3.27subdivisions.

3.28Subd. 2.Education and Outreach12,870,00012,870,000

3.29Notwithstanding Minnesota Statutes, section 3.30138.668, the Minnesota Historical Society 3.31may not charge a fee for its general tours at 3.32the Capitol, but may charge fees for special 3.33programs other than general tours.

3.34Subd. 3.Preservation and Access9,585,0009,585,000

4.1Subd. 4.Fiscal Agent

4.2(a) Minnesota International Center40,00040,000

4.3(b) Minnesota Air National Guard Museum14,0000

4.4(c) Minnesota Military Museum92,0000

4.5(d) Farmamerica118,000118,000

4.6(e) Balances Forward

4.7Any unencumbered balance remaining in 4.8this subdivision the first year does not cancel 4.9but is available for the second year of the 4.10biennium.4.11The general fund base for the Minnesota Air 4.12National Guard Museum in fiscal year 2012 4.13is $16,000.4.14The general fund base for the Minnesota 4.15Military Museum in fiscal year 2012 is 4.16$100,000.

4.17Subd. 5.Fund Transfer

4.18The Minnesota Historical Society may 4.19reallocate funds appropriated in and between 4.20subdivisions 2 and 3 for any program 4.21purposes and the appropriations are available 4.22in either year of the biennium.

4.23Sec. 6. BOARD OF THE ARTS

4.24Subdivision 1.Total Appropriation$9,530,000$9,530,000

4.25The amounts that may be spent for each 4.26purpose are specified in the following 4.27subdivisions.

4.28Subd. 2.Operations and Services600,000600,000

4.29Subd. 3.Grants Program6,202,0006,202,000

4.30Subd. 4.Regional Arts Councils2,728,0002,728,000

5.15.2Sec. 7. MINNESOTA HUMANITIES CENTER$238,000$238,000

5.3Sec. 8. PUBLIC BROADCASTING$1,955,000$1,955,000

5.4(a) $1,161,000 the first year and $1,161,000 5.5the second year are for matching grants for 5.6public television.5.7(b) $200,000 the first year and $200,000 5.8the second year are for public television 5.9equipment grants. Equipment or matching 5.10grant allocations shall be made after 5.11considering the recommendations of the 5.12Minnesota Public Television Association.5.13(c) $17,000 the first year and $17,000 the 5.14second year are for grants to the Twin Cities 5.15regional cable channel.5.16(d) $287,000 the first year and $287,000 the 5.17second year are for community service grants 5.18to public educational radio stations.5.19(e) $100,000 the first year and $100,000 5.20the second year are for equipment grants to 5.21public educational radio stations.5.22(f) The grants in paragraphs (d) and (e) 5.23must be allocated after considering the 5.24recommendations of the Association of 5.25Minnesota Public Educational Radio Stations 5.26under Minnesota Statutes, section 129D.14.5.27(g) $190,000 the first year and $190,000 5.28the second year are for equipment grants to 5.29Minnesota Public Radio, Inc.5.30(h) Any unencumbered balance remaining 5.31the first year for grants to public television or 5.32radio stations does not cancel and is available 5.33for the second year.

6.1Sec. 9. AMATEUR SPORTS COMMISSION$270,000$270,000

6.2The amount available for appropriation to 6.3the commission under Laws 2005, chapter 6.4156, article 2, section 43, is reduced in the 6.5first year and the second year by the amounts 6.6appropriated in this section.

6.76.8Sec. 10. COUNCIL ON BLACK MINNESOTANS$316,000$316,000

6.96.10Sec. 11. COUNCIL ON CHICANO/LATINO AFFAIRS$298,000$298,000

6.116.12Sec. 12. COUNCIL ON ASIAN-PACIFIC MINNESOTANS$275,000$275,000

6.13Sec. 13. INDIAN AFFAIRS COUNCIL$500,000$500,000

6.14$32,000 each year is for activities of the 6.15council relating to Indian burial sites, 6.16including activities relating to unfunded 6.17federal mandates.

6.18Sec. 14. ZOOLOGICAL BOARD$6,839,000$6,839,000

6.19Appropriations by Fund6.20201020116.21General6,701,0006,701,0006.22Natural Resources138,000138,000

6.23$138,000 the first year and $138,000 the 6.24second year are from the natural resources 6.25fund from the revenue deposited under 6.26Minnesota Statutes, section 297A.94, 6.27paragraph (e), clause (5).

6.286.29Sec. 15. SCIENCE MUSEUM OF MINNESOTA$1,187,000$1,187,000

6.30    Sec. 16. DEPARTMENT OF EDUCATION; LIBRARY APPROPRIATIONS.7.1    Subdivision 1.Department of Education.The sums indicated in this section are 7.2appropriated from the general fund to the Department of Education for the fiscal years 7.3designated.7.4    Subd. 2.Basic system support.For basic system support grants under Minnesota 7.5Statutes, section 134.355:

7.6$11,264,000.....20107.7$13,570,000.....2011

7.8The 2010 appropriation includes $1,357,000 for 2009 and $9,907,000 for 2010.7.9The 2011 appropriation includes $3,663,000 for 2010 and $9,907,000 for 2011.7.10    Subd. 3.Multicounty, multitype library systems.For grants under Minnesota 7.11Statutes, sections 134.353 and 134.354, to multicounty, multitype library systems:

7.12$1,079,000.....20107.13$1,300,000.....2011

7.14The 2010 appropriation includes $130,000 for 2009 and $949,000 for 2010.7.15The 2011 appropriation includes $351,000 for 2010 and $949,000 for 2011.7.16    Subd. 4.Electronic library for Minnesota.For statewide licenses to online 7.17databases selected in cooperation with the Minnesota Office of Higher Education for 7.18school media centers, public libraries, state government agency libraries, and public 7.19or private college or university libraries:

7.20$900,000.....20107.21$900,000.....2011

7.22Any balance in the first year does not cancel but is available in the second year.7.23    Subd. 5.Regional library telecommunications aid.For regional library 7.24telecommunications aid under Minnesota Statutes, section 134.355:

7.25$1,909,000.....20107.26$2,300,000.....2011

7.27The 2010 appropriation includes $230,000 for 2009 and $1,679,000 for 2010.7.28The 2011 appropriation includes $621,000 for 2010 and $1,679,000 for 2011.7.29    Sec. 17. APPROPRIATIONS; DEPARTMENT OF EDUCATION.7.30Unless otherwise indicated, the sums indicated in this section are appropriated from 7.31the general fund to the Department of Education for the fiscal years designated.

8.1$310,000.....20108.2$310,000.....2011

8.3Any balance in the first year does not cancel but is available in the second year.8.4(a) $260,000 each year is for the Minnesota Children's Museum.8.5(b) $50,000 each year is for the Duluth Children's Museum.8.6    Sec. 18. Minnesota Statutes 2008, section 129D.13, is amended to read:8.7129D.13 GRANTS.8.8    Subdivision 1. Distribution. The commissioner shall distribute the money provided 8.9by sections 
         129D.11 to 
         129D.13. Twice Annually the commissioner shall make block 8.10grants which shall be distributed in equal amounts to public stations for operational costs. 8.11The commissioner shall allocate money appropriated for the purposes of sections 
         129D.118.12to 
         129D.13 in such a manner that each eligible public station receives a block grant. In 8.13addition, the commissioner shall make matching grants to public stations. Matching grants 8.14shall be used for operational costs and shall be allocated using the procedure developed 8.15for distribution of state money under this section for grants made in fiscal year 1979. No 8.16station's matching grant in any fiscal year shall exceed the amount of Minnesota-based 8.17contributions received by that station in the previous fiscal year. Grants made pursuant to 8.18this subdivision may only be given to those federally licensed stations that are certified as 8.19eligible for community service grants through the Corporation for Public Broadcasting. 8.20Grant funds not expended by a station during the first year of the biennium do not cancel 8.21and may be carried over into the second fiscal year.8.22    Subd. 2. Exclusions from contribution amount. In calculating the amount of 8.23contributions received by a public station pursuant to subdivision 1, there shall be 8.24excluded: contributions, whether monetary or in kind, from the Corporation for Public 8.25Broadcasting; tax generated funds, including payments by public or private elementary 8.26and secondary schools; that portion of any foundation or corporation donation in excess 8.27of $500 $2,500 from any one contributor in a calendar the previous station fiscal year; 8.28contributions from any source if made for the purpose of capital expenditures; and 8.29contributions from all sources based outside the state.8.30    Subd. 3. Report. Each educational station receiving a grant shall annually report 8.31by July 1 annually by August 1 to the commissioner the purposes for which the money 8.32was used in the past fiscal year and the anticipated use of the money in the next fiscal8.33year. This report shall be submitted along with a new grant request submission.The report 8.34shall be certified by an independent auditor or a certified public accountant. If the report 8.35is not submitted by September 1, the commissioner may withhold from the educational 9.1station 45 percent of the amount to which it was entitled based upon the contribution of 9.2the previous fiscal year, and may redistribute that money to other educational stations.9.3    Subd. 4.Program categories and funding programs.The Board of the Arts 9.4may develop program categories and funding programs in television, film and other 9.5public media.9.6    Sec. 19. Minnesota Statutes 2008, section 129D.14, subdivision 4, is amended to read:9.7    Subd. 4. Application. To be eligible for a grant under this section, a licensee 9.8shall submit an application to the commissioner within the deadline prescribed by the 9.9commissioner according to state grant policies. Each noncommercial radio station 9.10receiving a grant shall report annually within the deadline prescribed by August 1 to the 9.11commissioner the purposes for which the money was used in the past fiscal year and the 9.12anticipated use of the money for the next fiscal year. This report shall be submitted along 9.13with a new grant request submission. If the application and report are not submitted within 9.14the deadline prescribed by the commissioner, the grant may be redistributed to the other 9.15noncommercial radio stations eligible for a grant under this section.9.16    Sec. 20. Minnesota Statutes 2008, section 129D.14, subdivision 5, is amended to read:9.17    Subd. 5. State community service block grants. (a) The commissioner shall 9.18determine eligibility for block grants and the allocation of block grant money on the basis 9.19of audited financial records of the station to receive the block grant funds for the station's 9.20fiscal year preceding the year in which the grant is made, as well as on the basis of the 9.21other requirements set forth in this section. The commissioner shall annually distribute 9.22block grants equally to all stations that comply with the eligibility requirements and for 9.23which a licensee applies for a block grant. Grant funds not expended by a station during 9.24the first year of the biennium do not cancel and may be carried over into the second fiscal 9.25year. The commissioner may promulgate rules to implement this section.9.26(b) A station may use grant money under this section for any radio station expenses.9.27    Sec. 21. Minnesota Statutes 2008, section 129D.14, subdivision 6, is amended to read:9.28    Subd. 6. Audit. A station that receives a grant under this section shall have an 9.29audit of its financial records made by an independent auditor or Corporation for Public 9.30Broadcasting accepted audit at the end of for the fiscal year for which it received the grant. 9.31The audit shall include a review of station promotion, operation, and management and an 9.32analysis of the station's use of the grant money. A copy of the most recent audit shall be 10.1filed with the commissioner. If neither is available, The commissioner may accept a letter 10.2of negative assurance from an independent auditor or a certified public accountant.10.3    Sec. 22. Minnesota Statutes 2008, section 129D.155, is amended to read:10.4129D.155 REPAYMENT OF FUNDS.10.5State funds distributed to public television or noncommercial radio stations and used 10.6to purchase equipment assets must be repaid to the state, without interest, if the assets 10.7purchased with these funds are sold within five years or otherwise converted to a person 10.8other than a nonprofit or municipal corporation. The amount due to the state shall be the 10.9net amount realized from the sale of the assets, but shall not exceed the amount of state 10.10funds advanced for the purchase of the asset. Public television and noncommercial radio 10.11stations receiving state funds must report biennially to the legislature on the location and 10.12usage of assets purchased with state funds.10.13    Sec. 23. COLOCATION REPORT.10.14The Management Analysis Division of the Department of Finance must study and 10.15report to the legislature by January 15, 2010, on possible colocation of the offices of the 10.16Council on Black Minnesotans, the Council on Affairs of Chicano/Latino People, the 10.17Council on Asian-Pacific Minnesotans, and the metropolitan area office of the Indian 10.18Affairs Council. The report must include analysis of potential cost savings, when those 10.19savings could be realized, and the effect of potential colocation on operations of the 10.20councils.10.21    Sec. 24. REVISOR'S INSTRUCTION.10.22In Minnesota Statutes, the revisor of statutes shall change the term "commission" to 10.23"center" wherever the term appears as part of or in reference to "Minnesota Humanities 10.24Commission."10.25    Sec. 25. EFFECTIVE DATE.10.26Sections 18 to 22 are effective the day following final enactment.10.27    Sec. 26.  REPEALER.10.28Minnesota Statutes 2008, section 240A.08, is repealed.