HF 949

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; establishing a great outdoors and clean water
fund; creating a Great Outdoors Council; modifying the Clean Water Council;
appropriating money; amending Minnesota Statutes 2006, sections 10A.01,
subdivision 35; 114D.30, by adding a subdivision; 114D.45, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 84; repealing
Minnesota Statutes 2006, section 114D.30, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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 or deleted text end

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources new text begin ;
new text end

new text begin (20) citizen member of the Clean Water Council; or
new text end

new text begin (21) citizen member of the Great Outdoors Council new text end .

Sec. 2.

new text begin [84.9402] GREAT OUTDOORS AND CLEAN WATER FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Fund created; accounts. new text end

new text begin The great outdoors and clean water fund is
established. Surplus revenue under subdivision 2 and all contributions, gifts, and money
earned by the fund must be credited to the fund. No more than three percent of the fund
may be used for administrative purposes. A great outdoors account and a clean water
legacy account is created in the fund.
new text end

new text begin Subd. 2. new text end

new text begin Surplus revenue allocation. new text end

new text begin If, on the basis of a forecast of general fund
revenues and expenditures, the commissioner of finance determines that there will be a
positive unrestricted general fund balance at the close of the biennium, the commissioner
of finance must allocate 20 percent of the surplus to the great outdoors and clean water
fund.
new text end

Sec. 3.

new text begin [84.9403] GREAT OUTDOORS COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The Great Outdoors Council is created. The
commissioners of natural resources, agriculture, and the Pollution Control Agency and the
executive directors of the Board of Water and Soil Resources and the Public Facilities
Authority shall appoint one person from their respective agencies to serve as a nonvoting
member of the council. Additional members shall be appointed as follows:
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 citizen members representing fishing and wildlife interests appointed by the
senate Subcommittee on Committees of the Committee on Rules and Administration;
new text end

new text begin (3) two members of the house of representatives appointed by the speaker of the
house;
new text end

new text begin (4) two citizen members representing fishing and wildlife interests appointed by the
speaker of the house; and
new text end

new text begin (5) three citizen members representing fishing and wildlife interests appointed by
the governor.
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 and travel expenses incurred in the services of the council. The
removal and compensation of citizen members are as provided in section 15.0575.
new text end

new text begin (c) Members shall elect a chair, vice chair, and other officers as determined by the
council. The chair may convene meetings as necessary to conduct the duties of the council.
new text end

new text begin (d) Membership terms are two years. Members may serve on the council until
their successors are appointed.
new text end

new text begin (e) Vacancies on the council do not affect the authority of the remaining members to
carry out their duties. Vacancies must be filled as provided in paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The Great Outdoors Council shall develop and submit to the
legislature a biennial budget plan for expenditures from the great outdoors account. The
budget plan must provide for payment of principal and interest due on bond issues and
may include appropriation and bonding recommendations consistent with the following
purposes:
new text end

new text begin (1) protection, preservation, and enhancement of fish and wildlife habitat;
new text end

new text begin (2) acquisition of parks and trails;
new text end

new text begin (3) land stewardship costs associated with lands acquired under this program; and
new text end

new text begin (4) matching grants to local governmental units for local conservation programs.
new text end

new text begin Subd. 3. 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 the functions and duties of the council.
Permanent employees must be in the unclassified service. The council may request staff
assistance, legal opinions, and data from agencies of state government as needed.
new text end

new text begin (b) The administrative expenses of the council shall be paid from the great outdoors
account.
new text end

new text begin (c) A council member or employee may not participate in or vote on a decision of
the council relating to an organization in which the member or employee has a direct
or indirect personal financial interest. A council member or employee shall avoid any
potential conflict of interest.
new text end

new text begin Subd. 4. 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

Sec. 4.

Minnesota Statutes 2006, section 114D.30, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Membership. new text end

new text begin The commissioners of natural resources, agriculture,
and the Pollution Control Agency and the executive directors of the Board of Water and
Soil Resources and the Public Facilities Authority shall appoint one person from their
respective agencies to serve as a nonvoting member of the council. Thirteen citizen
members shall be appointed as follows:
new text end

new text begin (1) five appointed by the governor;
new text end

new text begin (2) four appointed by the senate Subcommittee on Committees of the Committee on
Rules and Administration; and
new text end

new text begin (3) four appointed by the speaker of the house.
new text end

new text begin The citizen appointments must represent environmental, agricultural, business, local
government, and hunting and fishing interests and must strive for geographic balance.
new text end

Sec. 5.

Minnesota Statutes 2006, section 114D.45, subdivision 1, is amended to read:

Subdivision 1.

Creation.

The clean water legacy account is created as an account
in the deleted text begin environmental fund deleted text end new text begin great outdoors and clean water fund established under section
84.9402 new text end . Money in the account must be made available for the implementation of this
chapter and sections 446A.073, 446A.074, and 446A.075, without supplanting or taking
the place of any other funds which are currently available or may become available from
any other source, whether federal, state, local, or private, for implementation of those
sections.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 114D.30, subdivision 2, new text end new text begin is repealed.
new text end