HF 1166

3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; proposing an amendment 
  1.3             to the Minnesota Constitution, article XI; dedicating 
  1.4             the sales tax receipts equal to a sales tax of 1/8 of 
  1.5             one percent on taxable sales for game and fish 
  1.6             purposes; creating a heritage enhancement fund and a 
  1.7             heritage enhancement council; providing for 
  1.8             appointments; amending Minnesota Statutes 2002, 
  1.9             section 297A.94; proposing coding for new law in 
  1.10            Minnesota Statutes, chapter 97A. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12                             ARTICLE 1
  1.13                      CONSTITUTIONAL AMENDMENT
  1.14     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.15     An amendment to the Minnesota Constitution is proposed to 
  1.16  the people.  If the amendment is adopted, a section will be 
  1.17  added to article XI, to read: 
  1.18     Sec. 15.  Beginning July 1, 2007, the sales and use tax 
  1.19  receipts equal to the state sales and use tax of 1/8 of one 
  1.20  percent on sales and uses taxable under the general state sales 
  1.21  and use tax law, plus penalties and interest and reduced by any 
  1.22  refunds, shall be deposited in the heritage enhancement fund and 
  1.23  may be spent only to improve, enhance, or protect game and fish 
  1.24  habitat and provide hunter and angler access.  The money 
  1.25  dedicated under this section shall be appropriated by law and 
  1.26  shall not be used as a substitute for traditional funding 
  1.27  sources for the purposes specified, but the dedicated money 
  1.28  shall supplement traditional sources of funding for those 
  2.1   purposes.  A heritage enhancement fund is created in the state 
  2.2   treasury.  Land acquired with money deposited in the heritage 
  2.3   enhancement fund under this section must be open to public 
  2.4   taking of game and fish during the open season. 
  2.5      Sec. 2.  [SUBMISSION TO VOTERS.] 
  2.6      The proposed amendment shall be submitted to the people at 
  2.7   the 2004 general election.  The question submitted shall be: 
  2.8      "Shall the Minnesota Constitution be amended to provide 
  2.9   funding beginning July 1, 2007, to improve, enhance, or protect 
  2.10  game and fish habitat and provide hunter and angler access by 
  2.11  dedicating the sales and use tax receipts equal to the state 
  2.12  sales and use tax of 1/8 of one percent on taxable sales? 
  2.13                                     Yes .......
  2.14                                     No ........"
  2.15     Sec. 3.  [EFFECTIVE DATE.] 
  2.16     Sections 1 and 2 apply to sales and use tax receipts 
  2.17  collected after June 30, 2007. 
  2.18                             ARTICLE 2
  2.19                         CONFORMING CHANGES
  2.20     Section 1.  [97A.056] [HERITAGE ENHANCEMENT FUND; HERITAGE 
  2.21  ENHANCEMENT COUNCIL.] 
  2.22     Subdivision 1.  [FUND.] The heritage enhancement fund is 
  2.23  established in the Minnesota Constitution, article XI, section 
  2.24  15.  At least 99 percent of the money appropriated from the fund 
  2.25  must be spent on game and fish projects on public and private 
  2.26  lands.  
  2.27     Subd. 2.  [HERITAGE ENHANCEMENT COUNCIL.] (a) A heritage 
  2.28  enhancement council of 11 members is created, consisting of: 
  2.29     (1) two members of the senate appointed by the senate 
  2.30  subcommittee on committees of the committee on rules and 
  2.31  administration; 
  2.32     (2) two members of the house appointed by the speaker of 
  2.33  the house; 
  2.34     (3) three public members representing hunting and fishing 
  2.35  groups appointed by the senate subcommittee on committees of the 
  2.36  committee on rules and administration; 
  3.1      (4) three public members representing hunting and fishing 
  3.2   groups appointed by the speaker of the house; and 
  3.3      (5) one public member appointed by the governor. 
  3.4      (b) One member from the senate and one member from the 
  3.5   house must be from the minority caucus.  Legislative members are 
  3.6   entitled to reimbursement for per diem expenses plus travel 
  3.7   expenses incurred in the services of the council.  The 
  3.8   compensation and removal of public members are as provided in 
  3.9   section 15.0575. 
  3.10     (c) Members shall appoint a chair who shall preside and 
  3.11  convene meetings as often as necessary to conduct the duties 
  3.12  prescribed by this section. 
  3.13     (d) Membership terms are two years, except that members 
  3.14  shall serve on the council until their successors are appointed. 
  3.15     (e) Vacancies occurring on the council do not affect the 
  3.16  authority of the remaining members of the council to carry out 
  3.17  their duties.  Vacancies shall be filled in the same manner as 
  3.18  under paragraph (a). 
  3.19     Subd. 3.  [DUTIES OF HERITAGE COUNCIL.] (a) The council 
  3.20  shall develop a biennial budget plan for expenditures from the 
  3.21  heritage enhancement fund.  The biennial budget plan may include 
  3.22  grants to local fishing and hunting groups to improve, enhance, 
  3.23  or protect game and fish resources.  By August 15 of each 
  3.24  even-numbered year, the council shall submit the budget plan to 
  3.25  the commissioner of finance. 
  3.26     (b) In the biennial budget submitted to the legislature, 
  3.27  the governor shall submit separate budget detail for planned 
  3.28  expenditures from the heritage enhancement fund as recommended 
  3.29  by the council. 
  3.30     (c) Entities receiving appropriations from the heritage 
  3.31  enhancement fund shall submit a work program and semiannual 
  3.32  progress reports to the heritage enhancement council in the form 
  3.33  determined by the council.  
  3.34     Subd. 4.  [HERITAGE COUNCIL ADMINISTRATION.] (a) The 
  3.35  council may appoint legal and other personnel and consultants 
  3.36  necessary to carry out functions and duties of the council.  
  4.1   Permanent employees shall be in the unclassified service.  The 
  4.2   council may request staff assistance and data from any other 
  4.3   agency of state government as needed for the execution of the 
  4.4   responsibilities of the council and an agency must promptly 
  4.5   furnish the requested assistance or data. 
  4.6      (b) The administrative expenses of the council shall be 
  4.7   paid from the heritage enhancement fund. 
  4.8      (c) A council member or an employee of the council may not 
  4.9   participate in or vote on a decision of the council relating to 
  4.10  an organization in which the member or employee has either a 
  4.11  direct or indirect personal financial interest.  While serving 
  4.12  on or employed by the council, a person shall avoid any 
  4.13  potential conflict of interest. 
  4.14     Sec. 2.  Minnesota Statutes 2002, section 297A.94, is 
  4.15  amended to read: 
  4.16     297A.94 [DEPOSIT OF REVENUES.] 
  4.17     (a) Except as provided in this section and the Minnesota 
  4.18  Constitution, article XI, section 15, the commissioner shall 
  4.19  deposit the revenues, including interest and penalties, derived 
  4.20  from the taxes imposed by this chapter in the state treasury and 
  4.21  credit them to the general fund.  
  4.22     (b) The commissioner shall deposit taxes in the Minnesota 
  4.23  agricultural and economic account in the special revenue fund if:
  4.24     (1) the taxes are derived from sales and use of property 
  4.25  and services purchased for the construction and operation of an 
  4.26  agricultural resource project; and 
  4.27     (2) the purchase was made on or after the date on which a 
  4.28  conditional commitment was made for a loan guaranty for the 
  4.29  project under section 41A.04, subdivision 3. 
  4.30  The commissioner of finance shall certify to the commissioner 
  4.31  the date on which the project received the conditional 
  4.32  commitment.  The amount deposited in the loan guaranty account 
  4.33  must be reduced by any refunds and by the costs incurred by the 
  4.34  department of revenue to administer and enforce the assessment 
  4.35  and collection of the taxes.  
  4.36     (c) The commissioner shall deposit the revenues, including 
  5.1   interest and penalties, derived from the taxes imposed on sales 
  5.2   and purchases included in section 297A.61, subdivision 3, 
  5.3   paragraph (g), clauses (1) and (4), in the state treasury, and 
  5.4   credit them as follows: 
  5.5      (1) first to the general obligation special tax bond debt 
  5.6   service account in each fiscal year the amount required by 
  5.7   section 16A.661, subdivision 3, paragraph (b); and 
  5.8      (2) after the requirements of clause (1) have been met, the 
  5.9   balance to the general fund. 
  5.10     (d) The commissioner shall deposit the revenues, including 
  5.11  interest and penalties, collected under section 297A.64, 
  5.12  subdivision 5, in the state treasury and credit them to the 
  5.13  general fund.  By July 15 of each year the commissioner shall 
  5.14  transfer to the highway user tax distribution fund an amount 
  5.15  equal to the excess fees collected under section 297A.64, 
  5.16  subdivision 5, for the previous calendar year. 
  5.17     (e) For fiscal year 2001, 97 percent; for fiscal years 2002 
  5.18  and 2003, 87 percent; and for fiscal year 2004 and thereafter, 
  5.19  87.1 percent of the revenues, including interest and penalties, 
  5.20  transmitted to the commissioner under section 297A.65, must be 
  5.21  deposited by the commissioner in the state treasury as follows: 
  5.22     (1) 50 percent of the receipts must be deposited in the 
  5.23  heritage enhancement account in the game and fish fund, and may 
  5.24  be spent only on activities that improve, enhance, or protect 
  5.25  fish and wildlife resources, including conservation, 
  5.26  restoration, and enhancement of land, water, and other natural 
  5.27  resources of the state; 
  5.28     (2) 22.5 percent of the receipts must be deposited in the 
  5.29  natural resources fund, and may be spent only for state parks 
  5.30  and trails; 
  5.31     (3) 22.5 percent of the receipts must be deposited in the 
  5.32  natural resources fund, and may be spent only on metropolitan 
  5.33  park and trail grants; 
  5.34     (4) three percent of the receipts must be deposited in the 
  5.35  natural resources fund, and may be spent only on local trail 
  5.36  grants; and 
  6.1      (5) two percent of the receipts must be deposited in the 
  6.2   natural resources fund, and may be spent only for the Minnesota 
  6.3   zoological garden, the Como park zoo and conservatory, and the 
  6.4   Duluth zoo. 
  6.5      (f) The revenue dedicated under paragraph (e) may not be 
  6.6   used as a substitute for traditional sources of funding for the 
  6.7   purposes specified, but the dedicated revenue shall supplement 
  6.8   traditional sources of funding for those purposes.  Land 
  6.9   acquired with money deposited in the game and fish fund under 
  6.10  paragraph (e) must be open to public hunting and fishing during 
  6.11  the open season, except that in aquatic management areas or on 
  6.12  lands where angling easements have been acquired, fishing may be 
  6.13  prohibited during certain times of the year and hunting may be 
  6.14  prohibited.  At least 87 percent of the money deposited in the 
  6.15  game and fish fund for improvement, enhancement, or protection 
  6.16  of fish and wildlife resources under paragraph (e) must be 
  6.17  allocated for field operations. 
  6.18     Sec. 3.  [EFFECTIVE DATE.] 
  6.19     Sections 1 and 2 are effective July 1, 2007, if the 
  6.20  constitutional amendment proposed in article 1 is adopted by the 
  6.21  voters.