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HF 1911

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 02:46pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to legacy; amending accountability rules to require funding recipients to
assess diversity; amending Minnesota Statutes 2020, sections 85.53, subdivision
2; 97A.056, subdivision 11; 114D.50, subdivision 4; 129D.17, subdivision 2.

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

Section 1.

Minnesota Statutes 2020, section 85.53, subdivision 2, is amended to read:


Subd. 2.

Expenditures; accountability.

(a) A project or program receiving funding
from the parks and trails fund must meet or exceed the constitutional requirement to support
parks and trails of regional or statewide significance. A project or program receiving funding
from the parks and trails fund must include measurable outcomes, as defined in section
3.303, subdivision 10deleted text begin , anddeleted text end new text begin ;new text end a plan for measuring and evaluating the resultsnew text begin ; and an assessment
of whether the funding celebrates cultural diversity or reaches diverse communities in
Minnesota
new text end . A project or program must be consistent with current science and incorporate
state-of-the-art technology, except when the project or program is a portrayal or restoration
of historical significance.

(b) Money from the parks and trails fund shall be expended to balance the benefits across
all regions and residents of the state.

(c) A state agency or other recipient of a direct appropriation from the parks and trails
fund must compile and submit all information for funded projects or programs, including
the proposed measurable outcomes and all other items required under section 3.303,
subdivision 10
, to the Legislative Coordinating Commission as soon as practicable or by
January 15 of the applicable fiscal year, whichever comes first. The Legislative Coordinating
Commission must post submitted information on the website required under section 3.303,
subdivision 10, as soon as it becomes available.

(d) Grants funded by the parks and trails fund must be implemented according to section
16B.98 and must account for all expenditures. Proposals must specify a process for any
regranting envisioned. Priority for grant proposals must be given to proposals involving
grants that will be competitively awarded.

(e) Money from the parks and trails fund may only be spent on projects located in
Minnesota.

(f) When practicable, a direct recipient of an appropriation from the parks and trails fund
shall prominently display on the recipient's website home page the legacy logo required
under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter
361, article 3, section 5, accompanied by the phrase "Click here for more information."
When a person clicks on the legacy logo image, the website must direct the person to a web
page that includes both the contact information that a person may use to obtain additional
information, as well as a link to the Legislative Coordinating Commission website required
under section 3.303, subdivision 10.

(g) Future eligibility for money from the parks and trails fund is contingent upon a state
agency or other recipient satisfying all applicable requirements in this section, as well as
any additional requirements contained in applicable session law. If the Office of the
Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient
of money from the parks and trails fund has not complied with the laws, rules, or regulations
in this section or other laws applicable to the recipient, the recipient must be listed in an
annual report to the legislative committees with jurisdiction over the legacy funds. The list
must be publicly available. The legislative auditor shall remove a recipient from the list
upon determination that the recipient is in compliance. A recipient on the list is not eligible
for future funding from the parks and trails fund until the recipient demonstrates compliance
to the legislative auditor.

(h) Any state agency or organization requesting a direct appropriation from the parks
and trails fund must inform the house of representatives and senate committees having
jurisdiction over the parks and trails fund, at the time the request for funding is made,
whether the request is supplanting or is a substitution for any previous funding that was not
from a legacy fund and was used for the same purpose.

Sec. 2.

Minnesota Statutes 2020, section 97A.056, subdivision 11, is amended to read:


Subd. 11.

Recipient requirements.

(a) A state agency or other recipient of a direct
appropriation from the outdoor heritage fund must compile and submit all information for
funded projects or programs, including the proposed measurable outcomes and all other
items required under section 3.303, subdivision 10, to the Legislative Coordinating
Commission as soon as practicable or by January 15 of the applicable fiscal year, whichever
comes first. The Legislative Coordinating Commission must post submitted information on
the website required under section 3.303, subdivision 10, as soon as it becomes available.

(b) When practicable, a direct recipient of an appropriation from the outdoor heritage
fund shall prominently display on the recipient's website home page the legacy logo required
under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter
361, article 3, section 5, accompanied by the phrase "Click here for more information."
When a person clicks on the legacy logo image, the website must direct the person to a web
page that includes both the contact information that a person may use to obtain additional
information, as well as a link to the Legislative Coordinating Commission website required
under section 3.303, subdivision 10.

(c) Future eligibility for money from the outdoor heritage fund is contingent upon a state
agency or other recipient satisfying all applicable requirements in this section, as well as
any additional requirements contained in applicable session law. If the Office of the
Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient
of money from the outdoor heritage fund has not complied with the laws, rules, or regulations
in this section or other laws applicable to the recipient, the recipient must be listed in an
annual report to the legislative committees with jurisdiction over the legacy funds. The list
must be publicly available. The legislative auditor shall remove a recipient from the list
upon determination that the recipient is in compliance. A recipient on the list is not eligible
for future funding from the outdoor heritage fund until the recipient demonstrates compliance
to the legislative auditor.

new text begin (d) A project or program receiving funding from the outdoor heritage fund must include
an assessment of whether the funding celebrates cultural diversity or reaches diverse
communities in Minnesota.
new text end

Sec. 3.

Minnesota Statutes 2020, section 114D.50, subdivision 4, is amended to read:


Subd. 4.

Expenditures; accountability.

(a) A project receiving funding from the clean
water fund must meet or exceed the constitutional requirements to protect, enhance, and
restore water quality in lakes, rivers, and streams and to protect groundwater and drinking
water from degradation. Priority may be given to projects that meet more than one of these
requirements. A project receiving funding from the clean water fund shall include measurable
outcomes, as defined in section 3.303, subdivision 10deleted text begin , anddeleted text end new text begin ;new text end a plan for measuring and
evaluating the resultsnew text begin ; and an assessment of whether the funding celebrates cultural diversity
or reaches diverse communities in Minnesota
new text end . A project must be consistent with current
science and incorporate state-of-the-art technology.

(b) Money from the clean water fund shall be expended to balance the benefits across
all regions and residents of the state.

(c) A state agency or other recipient of a direct appropriation from the clean water fund
must compile and submit all information for proposed and funded projects or programs,
including the proposed measurable outcomes and all other items required under section
3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable
or by January 15 of the applicable fiscal year, whichever comes first. The Legislative
Coordinating Commission must post submitted information on the website required under
section 3.303, subdivision 10, as soon as it becomes available. Information classified as not
public under section 13D.05, subdivision 3, paragraph (d), is not required to be placed on
the website.

(d) Grants funded by the clean water fund must be implemented according to section
16B.98 and must account for all expenditures. Proposals must specify a process for any
regranting envisioned. Priority for grant proposals must be given to proposals involving
grants that will be competitively awarded.

(e) Money from the clean water fund may only be spent on projects that benefit Minnesota
waters.

(f) When practicable, a direct recipient of an appropriation from the clean water fund
shall prominently display on the recipient's website home page the legacy logo required
under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter
361, article 3, section 5, accompanied by the phrase "Click here for more information."
When a person clicks on the legacy logo image, the website must direct the person to a web
page that includes both the contact information that a person may use to obtain additional
information, as well as a link to the Legislative Coordinating Commission website required
under section 3.303, subdivision 10.

(g) Future eligibility for money from the clean water fund is contingent upon a state
agency or other recipient satisfying all applicable requirements in this section, as well as
any additional requirements contained in applicable session law. If the Office of the
Legislative Auditor, in the course of an audit or investigation, publicly reports that a recipient
of money from the clean water fund has not complied with the laws, rules, or regulations
in this section or other laws applicable to the recipient, the recipient must be listed in an
annual report to the legislative committees with jurisdiction over the legacy funds. The list
must be publicly available. The legislative auditor shall remove a recipient from the list
upon determination that the recipient is in compliance. A recipient on the list is not eligible
for future funding from the clean water fund until the recipient demonstrates compliance
to the legislative auditor.

(h) Money from the clean water fund may be used to leverage federal funds through
execution of formal project partnership agreements with federal agencies consistent with
respective federal agency partnership agreement requirements.

(i) Any state agency or organization requesting a direct appropriation from the clean
water fund must inform the Clean Water Council and the house of representatives and senate
committees having jurisdiction over the clean water fund, at the time the request for funding
is made, whether the request is supplanting or is a substitution for any previous funding that
was not from a legacy fund and was used for the same purpose.

Sec. 4.

Minnesota Statutes 2020, section 129D.17, subdivision 2, is amended to read:


Subd. 2.

Expenditures; accountability.

(a) Funding from the arts and cultural heritage
fund may be spent only for arts, arts education, and arts access, and to preserve Minnesota's
history and cultural heritage. A project or program receiving funding from the arts and
cultural heritage fund must include measurable outcomes, deleted text begin anddeleted text end a plan for measuring and
evaluating the resultsnew text begin , and an assessment of whether the funding celebrates cultural diversity
or reaches diverse audiences in Minnesota
new text end . A project or program must be consistent with
current scholarship, or best practices, when appropriate and must incorporate state-of-the-art
technology when appropriate.

(b) Funding from the arts and cultural heritage fund may be granted for an entire project
or for part of a project so long as the recipient provides a description and cost for the entire
project and can demonstrate that it has adequate resources to ensure that the entire project
will be completed.

(c) Money from the arts and cultural heritage fund shall be expended for benefits across
all regions and residents of the state.

(d) A state agency or other recipient of a direct appropriation from the arts and cultural
heritage fund must compile and submit all information for funded projects or programs,
including the proposed measurable outcomes and all other items required under section
3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable
or by January 15 of the applicable fiscal year, whichever comes first. The Legislative
Coordinating Commission must post submitted information on the website required under
section 3.303, subdivision 10, as soon as it becomes available.

(e) Grants funded by the arts and cultural heritage fund must be implemented according
to section 16B.98 and must account for all expenditures of funds. Priority for grant proposals
must be given to proposals involving grants that will be competitively awarded.

(f) All money from the arts and cultural heritage fund must be for projects located in
Minnesota.

(g) When practicable, a direct recipient of an appropriation from the arts and cultural
heritage fund shall prominently display on the recipient's website home page the legacy
logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws
2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more
information." When a person clicks on the legacy logo image, the website must direct the
person to a web page that includes both the contact information that a person may use to
obtain additional information, as well as a link to the Legislative Coordinating Commission
website required under section 3.303, subdivision 10.

(h) Future eligibility for money from the arts and cultural heritage fund is contingent
upon a state agency or other recipient satisfying all applicable requirements in this section,
as well as any additional requirements contained in applicable session law. If the Office of
the Legislative Auditor, in the course of an audit or investigation, publicly reports that a
recipient of money from the arts and cultural heritage fund has not complied with the laws,
rules, or regulations in this section or other laws applicable to the recipient, the recipient
must be listed in an annual report to the legislative committees with jurisdiction over the
legacy funds. The list must be publicly available. The legislative auditor shall remove a
recipient from the list upon determination that the recipient is in compliance. A recipient
on the list is not eligible for future funding from the arts and cultural heritage fund until the
recipient demonstrates compliance to the legislative auditor.

(i) Any state agency or organization requesting a direct appropriation from the arts and
cultural heritage fund must inform the house of representatives and senate committees
having jurisdiction over the arts and cultural heritage fund, at the time the request for funding
is made, whether the request is supplanting or is a substitution for any previous funding that
was not from a legacy fund and was used for the same purpose.