HF 1930

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to waters; modifying definition of public official; improving oversight of
local government water management; modifying authority of watershed district
board of managers; appropriating money; amending Minnesota Statutes 2006,
sections 10A.01, subdivision 35; 103D.325, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 103B.

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 deleted text begin . deleted text end new text begin ;
new text end

new text begin (20) manager of a watershed district or member of a watershed management
organization; or
new text end

new text begin (21) supervisor of a soil and water conservation district.
new text end

Sec. 2.

new text begin [103B.102] LOCAL WATER MANAGEMENT ACCOUNTABILITY
AND OVERSIGHT.
new text end

new text begin Subdivision 1. new text end

new text begin Findings; improving accountability and oversight. new text end

new text begin The legislature
finds that a process is needed to monitor the performance and activities of local water
management entities. The process should be preemptive so that problems can be identified
early and systematically. Underperforming entities should be provided assistance and
direction for improving performance in a reasonable time frame.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, "local water management
entities" means watershed districts, soil and water conservation districts, metropolitan
water management organizations, and counties operating separately or jointly in their
role as local water management authorities under chapter 103B, 103C, 103D, or 103G
and chapter 114D.
new text end

new text begin Subd. 3. new text end

new text begin Evaluation and report. new text end

new text begin The Board of Water and Soil Resources shall
evaluate performance, financial, and activity information for each local water management
entity. The board shall evaluate the entities' progress in accomplishing their adopted
plans on a regular basis, but not less than once every five years. The board shall maintain
a summary of local water management entity performance on the board's Web site.
Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis
of local water management entity performance to the chairs of the house and senate
committees having jurisdiction over environment and natural resources policy.
new text end

new text begin Subd. 4. new text end

new text begin Corrective actions. new text end

new text begin (a) In addition to other authorities, the Board of Water
and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or
redirect grants and other funding if the local water management entity has not corrected
deficiencies as prescribed in a notice from the board within one year from the date of
the notice.
new text end

new text begin (b) The board may defer a decision on a termination petition filed under section
103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation
under subdivision 3 or to communicate the results of the evaluation to petitioners or to
local and state government agencies.
new text end

Sec. 3.

Minnesota Statutes 2006, section 103D.325, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Credit card use. new text end

new text begin The managers may authorize the use of a credit card
by any watershed district officer or employee otherwise authorized to make a purchase
on behalf of the watershed district. If a watershed district officer or employee makes a
purchase by credit card that is not approved by the managers, the officer or employee is
personally liable for the amount of the purchase. A purchase by credit card must otherwise
comply with all statutes, rules, or watershed district policy applicable to watershed district
purchases.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $370,000 in fiscal year 2008 and $381,000 in fiscal year 2009 are appropriated from
the general fund to the Board of Water and Soil Resources for evaluating and reporting on
performance, financial, and activity information of local water management entities.
new text end