HF 1347

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

  1.1                          A bill for an act 
  1.2             relating to natural resources; modifying funding for 
  1.3             state parks and recreation areas; requiring certain 
  1.4             state parks and recreation areas to be 
  1.5             self-sufficient; appropriating money; amending 
  1.6             Minnesota Statutes 2002, sections 85.053; 85.054, 
  1.7             subdivisions 2, 3, 5, 9; 85.205; 85.34, subdivisions 
  1.8             2, 4; 85.43; proposing coding for new law in Minnesota 
  1.9             Statutes, chapter 85; repealing Minnesota Statutes 
  1.10            2002, sections 85.045, subdivision 4; 85.052; 85.053, 
  1.11            subdivisions 4, 5; 85.054, subdivisions 1, 4, 6, 7, 8; 
  1.12            85.055; 85.22. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [85.0515] [STATE PARK FUND.] 
  1.15     Subdivision 1.  [ESTABLISHMENT.] The state park fund is 
  1.16  established as a fund in the state treasury.  The commissioner 
  1.17  of finance shall establish within the state park fund separate 
  1.18  and distinct accounts for each state park and recreation area 
  1.19  covered under section 85.0516.  The commissioner of finance 
  1.20  shall also establish a parks administration account within the 
  1.21  state park fund. 
  1.22     Subd. 2.  [PARK ACCOUNTS.] (a) The commissioner of finance 
  1.23  shall credit to each park account: 
  1.24     (1) according to the formula under subdivision 4, the 
  1.25  actual revenue of the respective park in excess of operational 
  1.26  expenses derived from fees, services, accommodations, rentals, 
  1.27  retail sales, concession operations, donations, and gifts, 
  1.28  except those revenues derived from trust fund lands; and 
  1.29     (2) a portion of the fees collected by the commissioner for 
  2.1   state park vehicle permits and cross-country ski passes, 
  2.2   according to sections 85.053 and 85.43. 
  2.3      (b) The money in each account is appropriated to the 
  2.4   commissioner and is continuously available to fund operations in 
  2.5   the state park or recreation area named in the account. 
  2.6      Subd. 3.  [PARKS ADMINISTRATION ACCOUNT.] (a) The 
  2.7   commissioner of finance shall credit the parks administration 
  2.8   account: 
  2.9      (1) money according to the formula in subdivision 4; and 
  2.10     (2) a portion of the money received from the sale of state 
  2.11  park vehicle permits according to section 85.053. 
  2.12     (b) The money in the parks administration account is 
  2.13  appropriated to the commissioner and is continuously available 
  2.14  for administration, acquisitions, and capital improvements of 
  2.15  state parks and recreation areas subject to section 85.0516 and 
  2.16  for grants to state parks and recreation areas under section 
  2.17  85.0516, subdivision 4. 
  2.18     Subd. 4.  [DISPOSITION FORMULA.] (a) For the fiscal years 
  2.19  ending June 30, 2004, and June 30, 2005, the commissioner of 
  2.20  finance shall credit to each individual park account an amount 
  2.21  equal to 70 percent of the actual revenue of the park or 
  2.22  recreation area in excess of operational expenses derived from 
  2.23  fees, services, accommodations, rentals, retail sales, 
  2.24  concession operations, donations, and gifts, except those 
  2.25  revenues derived from trust fund lands.  The remaining 30 
  2.26  percent of the revenue shall be credited to the parks 
  2.27  administration account. 
  2.28     (b) For the fiscal year ending June 30, 2006, and 
  2.29  thereafter, the commissioner of finance shall credit to each 
  2.30  individual park account an amount equal to 50 percent of the 
  2.31  actual revenue of the park or recreation area in excess of 
  2.32  operational expenses derived from fees, services, 
  2.33  accommodations, rentals, retail sales, concession operations, 
  2.34  donations, and gifts, except those revenues derived from trust 
  2.35  fund lands.  The remaining 50 percent of the revenue shall be 
  2.36  credited to the parks administration account. 
  3.1      Sec. 2.  [85.0516] [STATE PARK MANAGEMENT AND OPERATIONS.] 
  3.2      Subdivision 1.  [APPLICABILITY.] This section applies to 
  3.3   all state parks and to any state recreation area that has a 
  3.4   designated manager or supervisor. 
  3.5      Subd. 2.  [MANAGER'S AUTHORITY.] For purposes of this 
  3.6   section, "manager" means the manager of a state park or a 
  3.7   manager or supervisor of a state recreation area.  A manager 
  3.8   shall develop an operational plan for the state park or 
  3.9   recreation area.  In developing the plan, the manager may: 
  3.10     (1) establish entrance and user fees for the park or 
  3.11  recreation area; 
  3.12     (2) establish camping fees; 
  3.13     (3) propose new revenue-generating services and activities 
  3.14  to be offered to park or recreation area visitors; 
  3.15     (4) propose cost containment strategies, including 
  3.16  outsourcing ground services and competitive sourcing for 
  3.17  services historically provided by the department of natural 
  3.18  resources, notwithstanding other law to the contrary; 
  3.19     (5) develop joint marketing or service agreements with 
  3.20  other parks or recreation areas; 
  3.21     (6) propose entering into concession agreements, when the 
  3.22  concessions are of such a nature that the commissioner could not 
  3.23  achieve more favorable terms based on a statewide volume 
  3.24  discount; and 
  3.25     (7) develop and promote a friends of the park program, 
  3.26  including agreements under section 85.045. 
  3.27     Subd. 3.  [COMMISSIONER'S APPROVAL; DUTIES.] (a) An 
  3.28  operational plan developed under subdivision 2 is subject to 
  3.29  approval by the commissioner before it may be implemented.  The 
  3.30  commissioner shall ensure that an operational plan protects 
  3.31  natural resources, does not detract from natural amenities, and 
  3.32  maintains an appropriate level of services to park or recreation 
  3.33  area users.  No operational plan shall be approved that cedes 
  3.34  naming rights of a state park or recreation area to a sponsor. 
  3.35     (b) The commissioner shall provide financial management and 
  3.36  administrative services for state parks and recreation areas.  
  4.1   The commissioner shall negotiate concessionaire contracts for 
  4.2   the park system as a whole when the nature of the concession is 
  4.3   such that the commissioner can achieve favorable terms based on 
  4.4   a statewide volume discount. 
  4.5      (c) The commissioner shall provide land acquisition 
  4.6   services for state parks and recreation areas. 
  4.7      (d) The commissioner shall provide capital budget planning 
  4.8   and approval for state parks and recreation areas. 
  4.9      Subd. 4.  [STATE PARKS GRANTS.] The commissioner may award 
  4.10  grants to state parks or recreation areas to address short-term 
  4.11  budgetary shortfalls when revenue does not exceed operational 
  4.12  expenses.  A manager may apply to the commissioner for a 
  4.13  one-year grant.  The grant application must explain why revenues 
  4.14  are not expected to meet or exceed operational expenses and how 
  4.15  the shortfall will be addressed in the next fiscal year. 
  4.16     Subd. 5.  [SOURCE OF FUNDING.] Beginning July 1, 2005, no 
  4.17  money shall be appropriated from the general fund for state park 
  4.18  or recreation area operations.  Beginning July 1, 2007, no money 
  4.19  shall be appropriated from the general fund for state park or 
  4.20  recreation area purposes, including operations, acquisitions, 
  4.21  and capital improvements. 
  4.22     Sec. 3.  Minnesota Statutes 2002, section 85.053, is 
  4.23  amended to read: 
  4.24     85.053 [STATE PARK VEHICLE PERMITS.] 
  4.25     Subdivision 1.  [FORM, ISSUANCE, VALIDITY.] (a) The 
  4.26  commissioner shall prepare and provide state park vehicle 
  4.27  permits for each calendar year that state a motor vehicle may 
  4.28  enter and use state parks, state recreation areas, and state 
  4.29  waysides over 50 acres in area.  State park vehicle permits must 
  4.30  be available and placed on sale by October 1 of the year 
  4.31  preceding the calendar year that the permit is valid.  
  4.32     (b) An annual state park vehicle permit must be affixed 
  4.33  when purchased and may be used from the time it is affixed for a 
  4.34  12-month period.  State park vehicle permits in each category 
  4.35  must be numbered consecutively for each year of issue.  
  4.36     (c) State park vehicle permits shall be issued by employees 
  5.1   of the division of parks and recreation as designated by the 
  5.2   commissioner.  State park vehicle permits also may be consigned 
  5.3   to and issued by agents designated by the commissioner who are 
  5.4   not employees of the division of parks and recreation.  All 
  5.5   proceeds from the sale of vehicle permits and all unsold vehicle 
  5.6   permits consigned to agents shall be returned to the 
  5.7   commissioner at such times as the commissioner may direct, but 
  5.8   no later than the end of the calendar year for which the permits 
  5.9   are effective.  No part of the permit fee may be retained by an 
  5.10  agent.  An additional charge or fee in an amount to be 
  5.11  determined by the commissioner, but not to exceed four percent 
  5.12  of the price of the permit, may be collected and retained by an 
  5.13  agent for handling or selling the permits. 
  5.14     Subd. 2.  [REQUIREMENT.] (a) Except as provided in 
  5.15  paragraph (b) and section 85.054, a motor vehicle may not enter 
  5.16  a state park, state recreation area, or state wayside over 50 
  5.17  acres in area, without a state park vehicle permit issued under 
  5.18  this section.  Except for vehicles permitted under subdivision 
  5.19  7, paragraph (a), clause (3) (2), the state park vehicle permit 
  5.20  must be affixed to the lower right corner windshield of the 
  5.21  motor vehicle and must be completely affixed by its own adhesive 
  5.22  to the windshield.  
  5.23     (b) If a manager establishes a daily vehicle permit fee 
  5.24  under section 85.0516, subdivision 2, a park or recreation area 
  5.25  user may pay the daily vehicle permit fee and need not display a 
  5.26  state park vehicle permit issued under this section. 
  5.27     Subd. 2a.  [SPLIT ROCK LIGHTHOUSE STATE PARK.] 
  5.28  Notwithstanding subdivision 2 or any operational plan developed 
  5.29  under section 85.0516, subdivision 2, the commissioner of 
  5.30  natural resources may negotiate with the Minnesota historical 
  5.31  society a special fee structure for the Split Rock Lighthouse 
  5.32  state historic site within Split Rock Lighthouse state park. 
  5.33     Subd. 3.  [SECOND VEHICLE PERMITS.] The commissioner shall 
  5.34  prescribe and issue second vehicle state park vehicle permits 
  5.35  for persons who own more than one motor vehicle and who request 
  5.36  a second permit for the second vehicle on a form prescribed by 
  6.1   the commissioner.  The commissioner may issue an applicant only 
  6.2   one second vehicle permit.  
  6.3      Subd. 4.  [ONE-DAY PERMITS.] The commissioner shall 
  6.4   prescribe a special state park permit for use of state parks, 
  6.5   state recreation areas, or state waysides for one day under 
  6.6   conditions prescribed by the commissioner.  For campers, the 
  6.7   permit shall allow for the use of the park where camped from the 
  6.8   time of purchase until the camping check-out time of the 
  6.9   following day. 
  6.10     Subd. 5.  [DAILY VEHICLE PERMIT FOR GROUPS.] The 
  6.11  commissioner shall prescribe a special daily vehicle state park 
  6.12  permit for groups for use of state parks, state recreation 
  6.13  areas, or state waysides for up to one day under conditions 
  6.14  prescribed by the commissioner. 
  6.15     Subd. 6.  [EMPLOYEE'S PERMIT.] (a) The commissioner shall 
  6.16  prescribe and issue an employee's state park vehicle permit to 
  6.17  state employees, peace officers, and contractors, that must 
  6.18  enter areas where state park vehicle permits are required to 
  6.19  perform official duties.  An employee, peace officer, or 
  6.20  contractor must display the special permit on the motor vehicle 
  6.21  in the same manner as state park vehicle permits are displayed. 
  6.22     (b) A motor vehicle displaying only an employee's state 
  6.23  park vehicle permit may not enter a place where state park 
  6.24  vehicle permits are required if the vehicle is used for purposes 
  6.25  other than performing official duties.  
  6.26     (c) No fee may be charged for an employee to enter a state 
  6.27  park when performing official duties. 
  6.28     Subd. 7.  [HANDICAPPED PERSONS.] (a) The commissioner shall 
  6.29  prescribe and issue special state park vehicle permits for:  
  6.30     (1) a physically handicapped person with a motor vehicle (i)
  6.31  that has special plates issued under section 168.021, 
  6.32  subdivision 1, or (ii) who has a permanent disability 
  6.33  certificate issued under section 169.345, subdivision 3, and who 
  6.34  can demonstrate proof of ownership of the vehicle for which the 
  6.35  state park vehicle permit is being purchased or proof of a 
  6.36  leasehold interest in the vehicle for a term at least as long as 
  7.1   the term of the permit; and 
  7.2      (2) a physically handicapped person who:  (i) does not own 
  7.3   or operate a motor vehicle; (ii) possesses a statement certified 
  7.4   under section 169.345, subdivision 2a; and (iii) applies to the 
  7.5   commissioner in writing.  
  7.6      (b) Except for vehicles permitted under paragraph (a), 
  7.7   clause (2), the permit or the decal issued under this 
  7.8   subdivision is valid only when displayed on a vehicle owned and 
  7.9   occupied by the person to whom the permit is issued. 
  7.10     Subd. 8.  [FEES.] The fee for a state park vehicle permit 
  7.11  is $15 and $10 for a second vehicle permit under subdivision 3. 
  7.12     Subd. 9.  [DISPOSITION OF FEES.] Fifty percent of the fees 
  7.13  collected under this section shall be credited to the parks 
  7.14  administration account.  The remaining 50 percent shall be 
  7.15  credited to individual park accounts, apportioned on the basis 
  7.16  of per capita park usage. 
  7.17     Sec. 4.  Minnesota Statutes 2002, section 85.054, 
  7.18  subdivision 2, is amended to read: 
  7.19     Subd. 2.  [FORT SNELLING MEMORIAL CHAPEL ISLAND.] A state 
  7.20  park vehicle permit is not required and a fee may not be charged 
  7.21  for motor vehicle entry or parking at the Fort Snelling Memorial 
  7.22  Chapel Island portion of Fort Snelling State Park.  
  7.23     Sec. 5.  Minnesota Statutes 2002, section 85.054, 
  7.24  subdivision 3, is amended to read: 
  7.25     Subd. 3.  [INTERSTATE PARK.] A Minnesota state park vehicle 
  7.26  permit is not required at Interstate park if a valid, current, 
  7.27  Wisconsin state park permit or sticker authorizing entry of a 
  7.28  motor vehicle into Wisconsin state parks is appropriately 
  7.29  displayed on the vehicle and the commissioner has entered into 
  7.30  an agreement with appropriate officials of the state of 
  7.31  Wisconsin that authorizes motor vehicles displaying Minnesota 
  7.32  state park vehicle permits free entry into Interstate state park 
  7.33  of Wisconsin on a reciprocal basis.  The commissioner may enter 
  7.34  into an agreement with appropriate officials of the state of 
  7.35  Wisconsin that recognizes entry fees on a reciprocal basis, if 
  7.36  requested by the manager of Interstate park. 
  8.1      Sec. 6.  Minnesota Statutes 2002, section 85.054, 
  8.2   subdivision 5, is amended to read: 
  8.3      Subd. 5.  [GOOSEBERRY FALLS STATE PARK.] A state park 
  8.4   vehicle permit is not required and a fee must not be charged for 
  8.5   motor vehicle entry or parking at the Class I highway rest area 
  8.6   parking lot located adjacent to U.S. Route No. 61 and the 
  8.7   Gooseberry River at Gooseberry Falls state park.  
  8.8      Sec. 7.  Minnesota Statutes 2002, section 85.054, 
  8.9   subdivision 9, is amended to read: 
  8.10     Subd. 9.  [LAKE BEMIDJI STATE PARK.] A state park vehicle 
  8.11  permit is not required and a fee may not be charged for motor 
  8.12  vehicle entry to, use of roads to, or parking at the department 
  8.13  of natural resources regional headquarters portion of Lake 
  8.14  Bemidji state park. 
  8.15     Sec. 8.  Minnesota Statutes 2002, section 85.205, is 
  8.16  amended to read: 
  8.17     85.205 [RECEPTACLES FOR RECYCLING.] 
  8.18     (a) The commissioner of natural resources must provide 
  8.19  recycling conveniences at all state parks. 
  8.20     (a) (b) State park managers must provide and maintain 
  8.21  adequate receptacles for collection of food containers for 
  8.22  recycling in all state parks. 
  8.23     (b) (c) Appropriate recycling information must be available 
  8.24  to all state park visitors.  
  8.25     (c) (d) State park managers must post a notice of recycling 
  8.26  availability at appropriate locations within each state park. 
  8.27     (d) (e) State park managers must where practicable recycle 
  8.28  the gathered recyclable materials, provide for the local unit of 
  8.29  government to recycle the gathered materials, or contract with 
  8.30  private nonprofit groups for recycling. 
  8.31     (e) (f) Money collected by state park managers for 
  8.32  recycling must be deposited in the state treasury and credited 
  8.33  to the general fund is revenue for purposes of section 85.0515, 
  8.34  subdivision 2. 
  8.35     Sec. 9.  Minnesota Statutes 2002, section 85.34, 
  8.36  subdivision 2, is amended to read: 
  9.1      Subd. 2.  [ADMISSION.] Admission to the property leased 
  9.2   pursuant to subdivision 1 shall be exempt from any state 
  9.3   park vehicle permit or admission other fees imposed pursuant to 
  9.4   by law or under an operational plan established under section 
  9.5   85.0516, subdivision 2. 
  9.6      Sec. 10.  Minnesota Statutes 2002, section 85.34, 
  9.7   subdivision 4, is amended to read: 
  9.8      Subd. 4.  [DISPOSITION OF LEASE RECEIPTS.] All receipts 
  9.9   derived from the leasing or operation of the property described 
  9.10  in subdivision 1 shall be deposited in the state treasury and be 
  9.11  credited to the state parks working capital account designated 
  9.12  in established for Fort Snelling state park under section 85.22, 
  9.13  subdivision 1 85.0515.  Receipts and expenses from the leasing 
  9.14  or operation of the property described in subdivision 1 shall be 
  9.15  tracked separately within the account.  Money in the account 
  9.16  derived from the leasing or operation of the property described 
  9.17  in subdivision 1 is annually appropriated may be used for the 
  9.18  payment of expenses attributable to the leasing and operation of 
  9.19  the property described in subdivision 1, including but not 
  9.20  limited to the maintenance, repair, and rehabilitation of 
  9.21  historic buildings and landscapes.  Any excess receipts in this 
  9.22  account are annually appropriated for historic preservation 
  9.23  purposes within state parks. 
  9.24     Sec. 11.  Minnesota Statutes 2002, section 85.43, is 
  9.25  amended to read: 
  9.26     85.43 [DISPOSITION OF RECEIPTS; PURPOSE.] 
  9.27     (a) Fees from cross-country ski passes shall be deposited 
  9.28  in the state treasury and credited according to this section. 
  9.29     (b) Fifty percent of the fees shall be credited to a 
  9.30  cross-country ski account and are appropriated to the 
  9.31  commissioner of natural resources for: 
  9.32     (a) (1) grants-in-aid for cross-country ski trails 
  9.33  sponsored by local units of government and special park 
  9.34  districts as provided in section 85.44; and 
  9.35     (b) (2) maintenance, winter grooming, and associated 
  9.36  administrative costs for cross-country ski trails that are under 
 10.1   the jurisdiction of the commissioner but outside of the 
 10.2   boundaries of a state park or recreation area covered under 
 10.3   section 85.0516. 
 10.4      (c) Fifty percent of the fees shall be credited to 
 10.5   individual park accounts under section 85.0515, apportioned on 
 10.6   the basis of cross-country ski trail mileage within each park or 
 10.7   recreation area. 
 10.8      Sec. 12.  [GENERAL FUND APPROPRIATION REDUCTIONS.] 
 10.9      For the fiscal year beginning July 1, 2003, the general 
 10.10  fund appropriation for state park and recreation area operations 
 10.11  shall be reduced to 75 percent of the base level funding for the 
 10.12  fiscal year beginning July 1, 2002.  For the fiscal year 
 10.13  beginning July 1, 2004, the general fund appropriation for state 
 10.14  park and recreation area operations shall be reduced to 50 
 10.15  percent of the base level funding for the fiscal year beginning 
 10.16  July 1, 2002.  For the fiscal year beginning July 1, 2005, and 
 10.17  thereafter, no general fund appropriation shall be made for 
 10.18  state park or recreation area operations. 
 10.19     Sec. 13.  [SELF-SUFFICIENCY REQUIRED.] 
 10.20     (a) For purposes of this section, "self-sufficiency" means 
 10.21  the ability to finance all operational needs, exclusive of 
 10.22  acquisitions and capital improvements, based solely on credits 
 10.23  under Minnesota Statutes, section 85.0515, subdivision 2, 
 10.24  without any general fund appropriation. 
 10.25     (b) State parks and state recreation areas subject to 
 10.26  Minnesota Statutes, section 85.0516, must achieve 
 10.27  self-sufficiency by July 1, 2005.  If a state park or recreation 
 10.28  area does not achieve self-sufficiency, the commissioner of 
 10.29  natural resources shall offer to transfer the lands of the state 
 10.30  park or recreation area to a unit of local government for 
 10.31  administration as a city, county, or regional park.  If no unit 
 10.32  of local government agrees to administer the lands as a city, 
 10.33  county, or regional park, the commissioner shall consider 
 10.34  redesignating the state park or recreation area lands as a 
 10.35  wildlife management area, scientific and natural area, state 
 10.36  wilderness area, or state forest.  If the commissioner 
 11.1   determines that the state park or recreation area lands are not 
 11.2   suitable for redesignation, the commissioner shall offer to 
 11.3   lease the state park to private management.  If no private 
 11.4   management interest offers to administer the state park or 
 11.5   recreation area lands, the commissioner shall sell the lands at 
 11.6   public auction. 
 11.7      Sec. 14.  [REPORT.] 
 11.8      By January 2, 2004, the commissioner of natural resources 
 11.9   shall report to the house and senate committees responsible for 
 11.10  state parks financing with recommendations and proposed language 
 11.11  for ensuring that by July 1, 2007, all aspects of the state park 
 11.12  and recreation area systems financing, including financing for 
 11.13  operations, acquisitions, capital improvements, resource 
 11.14  management services, information systems, merchandising, and 
 11.15  other administrative functions, is independent of general fund 
 11.16  appropriations and based on revenue generated by the state parks 
 11.17  or recreation areas. 
 11.18     Sec. 15.  [REPEALER.] 
 11.19     Minnesota Statutes 2002, sections 85.045, subdivision 4; 
 11.20  85.052; 85.053, subdivisions 4 and 5; 85.054, subdivisions 1, 4, 
 11.21  6, 7, and 8; 85.055; and 85.22, are repealed. 
 11.22     Sec. 16.  [EFFECTIVE DATE.] 
 11.23     Sections 1 to 15 are effective the day following final 
 11.24  enactment.