HF 1065

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2013 06:06pm

A bill for an act
relating to natural resources; creating the Greater Minnesota Parks and Trails
Commission; appropriating money; amending Minnesota Statutes 2012, section
160.266, subdivision 5; proposing coding for new law in Minnesota Statutes,
chapter 85; repealing Minnesota Statutes 2012, section 85.535.

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

Section 1.

new text begin [85.536] GREATER MINNESOTA PARKS AND TRAILS
COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The Greater Minnesota Parks and
Trails Commission is created as a nonprofit corporation under section 501(c)(3) of the
Internal Revenue Code of 1986, as amended. The Greater Minnesota Parks and Trails
Commission is established to undertake system planning and provide grants to counties
and cities outside of the seven-county metropolitan area for parks and trails of statewide
or regional significance.
new text end

new text begin Subd. 2. new text end

new text begin Commission. new text end

new text begin (a) The commission is comprised of:
new text end

new text begin (1) one representative from each Association of Minnesota Counties district outside
of the seven-county metropolitan area; and
new text end

new text begin (2) one representative from each Department of Natural Resources administrative
region outside of the seven-county metropolitan area.
new text end

new text begin (b) The commission shall develop the terms, compensation, removal, and procedures
for selection and succession of representatives on the commission in the commission's
bylaws.
new text end

new text begin (c) Initial appointment of the commission shall be made by the Greater Minnesota
Regional Parks and Trails Coalition for a term of two years.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The commission shall:
new text end

new text begin (1) develop and implement a parks and trails plan for greater Minnesota parks and
trails of regional or statewide significance consistent with the Greater Minnesota Regional
Parks and Trails Strategic Plan and the Minnesota State and Regional Parks and Trails
Legacy Plan; and
new text end

new text begin (2) distribute grants to counties and cities for parks and trails of regional or statewide
significance.
new text end

new text begin Subd. 4. new text end

new text begin Grant priorities; amounts. new text end

new text begin (a) In awarding grants under this section, the
commission shall consult and incorporate recommendations of the Greater Minnesota
Regional Parks and Trails Strategic Plan and the Minnesota State and Regional Parks
and Trails Legacy Plan.
new text end

new text begin (b) The commission shall determine grant amounts through an adopted merit-based
evaluation process. The evaluation process is not subject to the rulemaking provisions of
chapter 14 and section 14.386 does not apply.
new text end

new text begin Subd. 5. new text end

new text begin Staff. new text end

new text begin The commission may hire a director, consultants, and other staff as
necessary to carry out the duties of the commission. Persons employed by the commission
are not state employees but may participate in state retirement, deferred compensation,
insurance, or other plans that apply to state employees generally and are subject to
regulation by the state Campaign Finance and Public Disclosure Commission.
new text end

new text begin Subd. 6. new text end

new text begin Bylaws. new text end

new text begin The commission shall adopt bylaws necessary for the conduct of
the business of the commission consistent with this section. The commission must publish
bylaws and amendments to the bylaws in the State Register.
new text end

new text begin Subd. 7. new text end

new text begin Place of business. new text end

new text begin The commission shall locate and maintain the
commission's place of business within the state.
new text end

new text begin Subd. 8. new text end

new text begin Chair. new text end

new text begin The commission shall annually elect from among its members a
chair and other officers necessary for the performance of its duties.
new text end

new text begin Subd. 9. new text end

new text begin Meetings. new text end

new text begin The commission shall meet at least twice each year and may
hold additional meetings upon giving notice according to the bylaws of the commission.
Commission meetings are subject to chapter 13D.
new text end

new text begin Subd. 10. new text end

new text begin Conflict of interest. new text end

new text begin A director, employee, or officer of the commission
may not participate in or vote on a decision of the commission relating to an organization
in which the director, employee, or officer has either a direct or indirect financial interest.
new text end

new text begin Subd. 11. new text end

new text begin No benefit to private individuals or corporations. new text end

new text begin The commission
shall not afford pecuniary gain, incidental or otherwise, to any private individual, firm, or
corporation, except the payment of reasonable fees for goods and services provided and
approved according to the bylaws of the commission. No part of the net income or net
earnings of the commission shall, directly or indirectly, be distributable to or otherwise
inure to the benefit of any individual.
new text end

new text begin Subd. 12. new text end

new text begin Funds. new text end

new text begin The commission may accept and use gifts, grants, or contributions
from any source. Unless otherwise restricted by the terms of a gift or bequest, the
commission may sell, exchange, or otherwise dispose of and invest or reinvest the money,
securities, or other property given or bequested to it. The principal of the funds, the
income from them, and all other revenues received by the commission from any nonstate
source must be placed in the depositories the commission determines and is subject to
expenditure for the commission's purposes. Expenditures of more than $25,000 must be
approved by the full commission.
new text end

new text begin Subd. 13. new text end

new text begin Accounts; audits. new text end

new text begin The commission may establish funds and accounts that
it finds convenient. The commission shall provide for and pay the cost of an independent
annual audit of its official books and records by the legislative auditor subject to sections
3.971 and 3.972. A copy of this audit shall be filed with the secretary of state.
new text end

new text begin Subd. 14. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "commission" means the Greater
Minnesota Parks and Trails Commission established under this section.
new text end

Sec. 2.

Minnesota Statutes 2012, section 160.266, subdivision 5, is amended to read:

Subd. 5.

Funding.

Bicycle paths included within the bikeway and not administered
by the commissioner of natural resources are eligible for funding from the environment
and natural resources trust fund under chapter 116P, from the parks and trails grant
program under section deleted text begin 85.535 deleted text end new text begin 85.536 new text end , from the local recreation grants program under
section 85.019, subdivision 4b, and from other sources.

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2014 and $....... in fiscal year 2015 from the parks and trails fund
are appropriated to the commissioner of natural resources to contract with the Greater
Minnesota Parks and Trails Commission for the purposes of Minnesota Statutes, section
85.536, subdivision 3. Of this amount, not more than 2.5 percent each year may be used to
develop the park and trails plan under Minnesota Statutes, section 85.536, subdivision
3, clause (1). The appropriation must be made directly to the commission after fiscal
year 2015.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 85.535, new text end new text begin is repealed.
new text end