Minnesota Legislature
HF 438
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
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| Introduction | Posted on 01/29/2007 |
Current Version - as introduced
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A bill for an act
relating to state government; proposing an amendment to the Minnesota
Constitution, article XI; increasing the sales tax rate by one-fourth of one
percent; dedicating the receipts for natural resource purposes; creating a
heritage enhancement fund; establishing a Heritage Enhancement Council;
providing for funding of arts and cultural resources; appropriating money;
amending Minnesota Statutes 2006, sections 10A.01, subdivision 35; 16A.531,
subdivisions 1a, 2; 114D.45, subdivisions 2, 3; 297A.62, subdivision 1; 297A.94;
297B.02, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 16A; 85; 97A; 114D.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
FUNDING TRANSFER
Section 1. new text begin TRANSFER OF FUNDS.
new text end
new text begin
$100,000,000 in fiscal year 2008 and $100,000,000 in fiscal year 2009 is transferred
from the general fund and credited to the clean water legacy account under section
114D.45 for cleaning up impaired waters in the state.
new text end
ARTICLE 2
CONSTITUTIONAL AMENDMENT: CLEAN WATER; WILDLIFE
HABITAT; STATE PARKS AND TRAILS
Section 1. new text begin CONSTITUTIONAL AMENDMENT.
new text end
new text begin
An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, a section will be added to article XI, to read:
new text end
new text begin Sec. 15.new text end
new text begin
Beginning July 1, 2009, until June 30, 2034, the sales and use tax rate shall be
increased by one-fourth of one percent on sales and uses taxable under the general state
sales and use tax law. Receipts from the increase, plus penalties and interest and reduced
by any refunds, are dedicated as follows: 50 percent of the receipts shall be deposited
in the environmental fund and may be spent only on protection and restoration of the
state's lakes, rivers, streams, wetlands, and groundwater; 40 percent of the receipts shall
be deposited in the heritage enhancement fund and may be spent for the improvement,
enhancement, and protection of the state's fish, game, and wildlife habitat; and 10 percent
of the receipts shall be deposited in the natural resources fund and may be spent only to
acquire, operate, and maintain state parks and trails. A heritage enhancement fund is
created in the state treasury. The money dedicated under this section shall be appropriated
by law. Interests in land acquired in fee with money dedicated for wildlife habitat under
this section must be open to the public taking of fish and game during the open season
unless otherwise provided by law.
new text end
Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end
new text begin
The proposed amendment shall be submitted to the people at the 2008 general
election. The question submitted shall be:
new text end
new text begin
"Shall the Minnesota Constitution be amended to ensure the people's quality of
life by providing funding to improve and protect the waters of the state; the state's fish,
game, and wildlife habitat; and state parks and trails by increasing the state sales tax rate
by one-fourth of one percent until 2034?
new text end
|
new text begin
Yes ....... new text end |
|
new text begin
No ......." new text end |
ARTICLE 3
IMPLEMENTING SECTIONS
Section 1.
Minnesota Statutes 2006, section 10A.01, subdivision 35, is amended to
read:
Subd. 35.
Public official.
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or
attorney in the Office of Senate Counsel and Research or House Research;
(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or referee in the Department of Employment and Economic
Development;
(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;
(15) member or executive director of the Higher Education Facilities Authority;
(16) member of the board of directors or president of Minnesota Technology, Inc.;
(17) member of the board of directors or executive director of the Minnesota State
High School League;
(18) member of the Minnesota Ballpark Authority established in section 473.755; deleted text begin ordeleted text end
(19) citizen member of the Legislative-Citizen Commission on Minnesota
Resourcesdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(20) member of the Heritage Enhancement Council.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 15, 2008, if the
constitutional amendment proposed in article 2, section 1, is adopted by the voters.
new text end
Sec. 2.
new text begin
[16A.277] LEGISLATIVE INTENT; APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Legislative intent. new text end
new text begin
It is the intent of the legislature, upon the
approval of the Minnesota Constitution, article XI, section 15, that an equal amount of
revenue be appropriated annually for 25 years and dedicated for arts and cultural resources
and related purposes according to subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Appropriations. new text end
new text begin
Under the legislative intent expressed in subdivision 1,
$100,000,000 is annually appropriated for the following purposes until 2034:
new text end
new text begin
(a) $25,000,000 each year for activities under the Minnesota State Arts Board;
new text end
new text begin
(b) $20,000,000 each year for metropolitan regional park needs under section
473.351;
new text end
new text begin
(c) $20,000,000 each year for nonmetropolitan regional park and trail needs;
new text end
new text begin
(d) $12,000,000 each year for programs under the Minnesota Historical Society;
new text end
new text begin
(e) $12,000,000 each year for public broadcasting needs;
new text end
new text begin
(f) $5,000,000 each year for the Minnesota Zoological Garden, the Como Park
Zoo, and the Duluth Zoo;
new text end
new text begin
(g) $2,000,000 each year for programs of the Science Museum of Minnesota;
new text end
new text begin
(h) $2,000,000 each year for programs of the Minnesota Humanities Commission;
and
new text end
new text begin
(i) $2,000,000 each year for the Minnesota and Duluth Children's Museums.
new text end
new text begin Subd. 3. new text end
new text begin Expiration. new text end
new text begin
This section expires June 30, 2034.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in article 2, section 1, is adopted by the voters.
new text end
Sec. 3.
Minnesota Statutes 2006, section 16A.531, subdivision 1a, is amended to read:
Subd. 1a.
Revenues.
The following revenues must be deposited in the
environmental fund:
(1) all revenue from the motor vehicle transfer fee imposed under section 115A.908;
(2) all fees collected under section 116.07, subdivision 4d;
(3) all money collected by the Pollution Control Agency in enforcement matters
as provided in section 115.073;
(4) all revenues from license fees for individual sewage treatment systems under
section 115.56;
(5) all loan repayments deposited under section 115A.0716;
(6) all revenue from pollution prevention fees imposed under section 115D.12;
(7) all loan repayments deposited under section 116.994;
(8) all fees collected under section 116C.834;
(9) revenue collected from the solid waste management tax pursuant to chapter 297H;
(10) fees collected under section 473.844; deleted text begin anddeleted text end
(11) interest accrued on the funddeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(12) money dedicated in the Minnesota Constitution, article XI, section 15.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in article 2, section 1, is adopted by the voters.
new text end
Sec. 4.
Minnesota Statutes 2006, section 16A.531, subdivision 2, is amended to read:
Subd. 2.
Natural resources fund.
There is created in the state treasury a natural
resources fund as a special revenue fund for deposit of certain receipts from fees and
services associated with natural resource management by the statenew text begin and the money
dedicated in the Minnesota Constitution, article XI, section 15new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in article 2, section 1, is adopted by the voters.
new text end
Sec. 5.
new text begin
[85.0195] STATE PARKS AND TRAILS CONSTITUTIONAL ACCOUNT
EXPENDITURES.
new text end
new text begin Subdivision 1. new text end
new text begin Account. new text end
new text begin
A state parks and trails constitutional account is established
in the natural resources fund and all money deposited in the natural resources fund
under the Minnesota Constitution, article XI, section 15, and interest earned thereon, is
credited to the account.
new text end
new text begin Subd. 2. new text end
new text begin Expenditures. new text end
new text begin
Money in the state parks and trails constitutional account
may be spent only on state parks and trails acquisition, operation, and maintenance.
Subject to appropriation by law, receipts to the account must be allocated in separate
accounts as follows:
new text end
new text begin
(1) 33 percent of the receipts may be spent only for state park and trail acquisition;
new text end
new text begin
(2) 33 percent of the receipts may be spent only for state park and trail operation; and
new text end
new text begin
(3) 34 percent of the receipts may be spent only for state park and trail maintenance.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in article 2, section 1, is adopted by the voters.
new text end
Sec. 6.
new text begin
[97A.056] HERITAGE ENHANCEMENT FUND; HERITAGE
ENHANCEMENT COUNCIL.
new text end
new text begin Subdivision 1. new text end
new text begin Heritage enhancement fund. new text end
new text begin
The heritage enhancement fund is
established in the Minnesota Constitution, article XI, section 15. All money earned by the
heritage enhancement fund must be credited to the fund. At least 97 percent of the money
appropriated from the fund must be spent on specific fish, game, and wildlife habitat.
new text end
new text begin Subd. 2. new text end
new text begin Heritage Enhancement Council. new text end
new text begin
(a) A Heritage Enhancement Council
of 12 members is created consisting of:
new text end
new text begin
(1) two members of the senate appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration;
new text end
new text begin
(2) two members of the house of representatives appointed by the speaker of the
house;
new text end
new text begin
(3) two public members representing hunting, fishing, and wildlife interests
appointed by the senate Subcommittee on Committees of the Committee on Rules and
Administration;
new text end
new text begin
(4) two public members representing hunting, fishing, and wildlife interests
appointed by the speaker of the house;
new text end
new text begin
(5) three public members representing hunting, fishing, and wildlife interests
appointed by the governor; and
new text end
new text begin
(6) the chair of the Budgetary Oversight Committee created in section 97A.055,
subdivision 4b, paragraph (c).
new text end
new text begin
(b) One member from the senate and one member from the house of representatives
must be from the minority caucus. Legislative members are entitled to reimbursement
for per diem expenses plus travel expenses incurred in the services of the council. The
removal and, beginning July 1, 2009, the compensation of public members are as provided
in section 15.0575.
new text end
new text begin
(c) Members shall elect a chair, vice chair, secretary, and other officers as determined
by the council. The chair may convene meetings as necessary to conduct the duties
prescribed by this section.
new text end
new text begin
(d) Membership terms are two years, except that members shall serve on the council
until their successors are appointed.
new text end
new text begin
(e) Vacancies occurring on the council do not affect the authority of the remaining
members of the council to carry out their duties. Vacancies shall be filled in the same
manner as under paragraph (a).
new text end
new text begin Subd. 3. new text end
new text begin Duties of council. new text end
new text begin
(a) The council, in consultation with statewide and local
fishing, forestry, hunting, and wildlife groups, shall develop a biennial budget plan for
expenditures from the heritage enhancement fund. The biennial budget plan may include
grants to statewide and local fishing, forestry, hunting, and wildlife groups to improve,
enhance, or protect fish and wildlife resources.
new text end
new text begin
(b) In the biennial budget submitted to the legislature, the governor shall submit
separate budget detail for planned expenditures from the heritage enhancement fund
as recommended by the council.
new text end
new text begin
(c) As a condition of acceptance of an appropriation from the heritage enhancement
fund, an agency or entity receiving an appropriation shall submit a work program and
quarterly progress reports for appropriations from the heritage enhancement fund to the
members of the Heritage Enhancement Council in the form determined by the council.
new text end
new text begin Subd. 4. new text end
new text begin Council administration. new text end
new text begin
(a) The council may employ personnel and
contract with consultants as necessary to carry out functions and duties of the council.
Permanent employees shall be in the unclassified service. The council may request staff
assistance, legal opinion, and data from agencies of state government as needed for the
execution of the responsibilities of the council.
new text end
new text begin
(b) Beginning July 1, 2009, the administrative expenses of the council shall be
paid from the heritage enhancement fund.
new text end
new text begin
(c) A council member or an employee of the council may not participate in or vote
on a decision of the council relating to an organization in which the member or employee
has either a direct or indirect personal financial interest. While serving on or employed by
the council, a person shall avoid any potential conflict of interest.
new text end
new text begin Subd. 5. new text end
new text begin Council meetings. new text end
new text begin
Meetings of the council and other groups the council
may establish must be conducted according to chapter 13D. Except where prohibited by
law, the council shall establish additional processes to broaden public involvement in all
aspects of its deliberations.
new text end
new text begin Subd. 6. new text end
new text begin Council expiration. new text end
new text begin
Subdivisions 2 to 5 expire June 30, 2011, unless
extended by law.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 15, 2008, if the
constitutional amendment proposed in article 2, section 1, is adopted by the voters.
new text end
Sec. 7.
Minnesota Statutes 2006, section 114D.45, subdivision 2, is amended to read:
Subd. 2.
Sources of revenue.
The following revenues must be deleted text begin deposited indeleted text end new text begin credited
tonew text end the clean water legacy account:
new text begin
(1) money deposited in the environmental fund under the Minnesota Constitution,
article XI, section 15;
new text end
deleted text begin (1)deleted text end new text begin (2)new text end money transferred to the account; and
deleted text begin (2)deleted text end new text begin (3)new text end interest accrued on the account.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in article 2, section 1, is adopted by the voters.
new text end
Sec. 8.
Minnesota Statutes 2006, section 114D.45, subdivision 3, is amended to read:
Subd. 3.
Purposes.
new text begin Except as provided under section 114D.46 and new text end subject to
appropriation by the legislature, the clean water legacy account may be spent for the
following purposes:
(1) to provide grants, loans, and technical assistance to public agencies and others
who are participating in the process of identifying impaired waters, developing TMDL's,
implementing restoration plans for impaired waters, and monitoring the effectiveness
of restoration;
(2) to support measures to prevent waters from becoming impaired and to improve
the quality of waters that are listed as impaired but do not have an approved TMDL
addressing the impairment;
(3) to provide grants and loans for wastewater and storm water treatment projects
through the Public Facilities Authority;
(4) to support the efforts of public agencies associated with individual sewage
treatment systems and financial assistance for upgrading and replacing the systems; and
(5) to provide funds to state agencies to carry out their responsibilities under this
chapter.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in article 2, section 1, is adopted by the voters.
new text end
Sec. 9.
new text begin
[114D.46] CLEAN WATER LEGACY; CONSTITUTIONAL
EXPENDITURES.
new text end
new text begin Subdivision 1. new text end
new text begin Account earnings. new text end
new text begin
All money deposited in and earned by the
environmental fund under the Minnesota Constitution, article XI, section 15, must be
credited to the clean water legacy account under section 114D.45.
new text end
new text begin Subd. 2. new text end
new text begin Expenditures. new text end
new text begin
Subject to appropriation, money credited to the clean water
legacy account under this section may be spent only on:
new text end
new text begin
(1) monitoring, investigations, and analysis of the quality of Minnesota's water
resources;
new text end
new text begin
(2) state and local activities to protect, preserve, and improve the quality of
Minnesota's water resources; and
new text end
new text begin
(3) assistance to individuals and organizations for water quality improvement
projects.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in article 2, section 1, is adopted by the voters.
new text end
Sec. 10.
Minnesota Statutes 2006, section 297A.62, subdivision 1, is amended to read:
Subdivision 1.
Generally.
new text begin (a) new text end Except as otherwise provided in subdivision 2 or 3
or in this chapter, a sales tax of 6.5 percent is imposed on the gross receipts from retail
sales as defined in section 297A.61, subdivision 4, made in this state or to a destination
in this state by a person who is required to have or voluntarily obtains a permit under
section 297A.83, subdivision 1.
new text begin
(b) The increased rate required under the Minnesota Constitution, article XI, section
15, shall be added to the rate imposed under paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in article 2, section 1, is adopted by the voters.
new text end
Sec. 11.
Minnesota Statutes 2006, section 297A.94, is amended to read:
297A.94 DEPOSIT OF REVENUES.
(a) Except as provided in this sectionnew text begin and the Minnesota Constitution, article XI,
section 15new text end , the commissioner shall deposit the revenues, including interest and penalties,
derived from the taxes imposed by this chapter in the state treasury and credit them to the
general fund.
(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:
(1) the taxes are derived from sales and use of property and services purchased for
the construction and operation of an agricultural resource project; and
(2) the purchase was made on or after the date on which a conditional commitment
was made for a loan guaranty for the project under section 41A.04, subdivision 3.
The commissioner of finance shall certify to the commissioner the date on which the
project received the conditional commitment. The amount deposited in the loan guaranty
account must be reduced by any refunds and by the costs incurred by the Department of
Revenue to administer and enforce the assessment and collection of the taxes.
(c) The commissioner shall deposit the revenues, including interest and penalties,
derived from the taxes imposed on sales and purchases included in section 297A.61,
subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them
as follows:
(1) first to the general obligation special tax bond debt service account in each fiscal
year the amount required by section 16A.661, subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the balance to the general
fund.
(d) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.64, subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall transfer to the highway user
tax distribution fund an amount equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.
(e) For fiscal year 2001, 97 percent; for fiscal years 2002 and 2003, 87 percent; and
for fiscal year 2004 and thereafter, 72.43 percent of the revenues, including interest and
penalties, transmitted to the commissioner under section 297A.65, must be deposited by
the commissioner in the state treasury as follows:
(1) 50 percent of the receipts must be deposited in the heritage enhancement account
in the game and fish fund, and may be spent only on activities that improve, enhance, or
protect fish and wildlife resources, including conservation, restoration, and enhancement
of land, water, and other natural resources of the state;
(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only for state parks and trails;
(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only on metropolitan park and trail grants;
(4) three percent of the receipts must be deposited in the natural resources fund, and
may be spent only on local trail grants; and
(5) two percent of the receipts must be deposited in the natural resources fund,
and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and
Conservatory, and the Duluth Zoo.
(f) The revenue dedicated under paragraph (e) may not be used as a substitute
for traditional sources of funding for the purposes specified, but the dedicated revenue
shall supplement traditional sources of funding for those purposes. Land acquired with
money deposited in the game and fish fund under paragraph (e) must be open to public
hunting and fishing during the open season, except that in aquatic management areas or
on lands where angling easements have been acquired, fishing may be prohibited during
certain times of the year and hunting may be prohibited. At least 87 percent of the money
deposited in the game and fish fund for improvement, enhancement, or protection of fish
and wildlife resources under paragraph (e) must be allocated for field operations.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in article 2, section 1, is adopted by the voters.
new text end
Sec. 12.
Minnesota Statutes 2006, section 297B.02, subdivision 1, is amended to read:
Subdivision 1.
Rate.
There is imposed an excise tax at the rate provided in deleted text begin chapter
297Adeleted text end new text begin section 297A.62, subdivision 1, paragraph (a), new text end on the purchase price of any motor
vehicle purchased or acquired, either in or outside of the state of Minnesota, which is
required to be registered under the laws of this state.
The excise tax is also imposed on the purchase price of motor vehicles purchased
or acquired on Indian reservations when the tribal council has entered into a sales tax on
motor vehicles refund agreement with the state of Minnesota.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in article 2, section 1, is adopted by the voters.
new text end