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HF 2598

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2016 05:23pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
proposing amendments to the Minnesota Constitution, article XI; replacing
legacy amendment with funding for deficient roads and bridges and for clean
water; making conforming changes; amending Minnesota Statutes 2014, sections
10A.01, subdivision 35; 16A.0561; 84.992, subdivision 4; 114D.20, subdivision
6; 114D.30, subdivisions 5, 7; 160.266, subdivision 5; 290C.02, subdivision 6;
Minnesota Statutes 2015 Supplement, section 84.69, subdivision 1; repealing
Minnesota Statutes 2014, sections 3.303, subdivision 10; 3.9741, subdivision 3;
13D.08, subdivision 8; 85.53, subdivisions 1, 3, 4, 5; 85.535; 85.536; 97A.056,
subdivisions 1, 1a, 2, 3, 4, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19; 114D.30,
subdivision 6; 114D.50, subdivisions 1, 2, 3, 3a, 5, 6; 129D.17, subdivisions 1,
3, 4; 129D.18; 129D.19; Minnesota Statutes 2015 Supplement, sections 85.53,
subdivision 2; 97A.056, subdivisions 8, 11, 20, 21; 114D.50, subdivision 4;
129D.17, subdivision 2.

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

ARTICLE 1

CONSTITUTIONAL AMENDMENT

Section 1. new text beginCONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, article XI, section 15, will be repealed.
new text end

Sec. 2. new text beginCONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, a section shall be added to article XI, to read:
new text end

new text begin Sec. 16. new text end

new text begin Beginning July 1, 2017, until June 30, 2034, the sales and use tax rate shall be
increased by three-eighths of one percent on sales and uses taxable under the general state
sales and use tax law. Receipts from the increase, plus penalties and interest and reduced
by any refunds, are dedicated, for the benefit of Minnesotans, to the following funds: 67
percent to the deficient roads and bridges fund and 33 percent to the clean water fund.
new text end

new text begin Money in the deficient roads and bridges fund must not be used for light rail transit
projects. Projects funded with money from the deficient roads and bridges fund must
benefit the state as a whole. Money dedicated to the deficient roads and bridges fund shall
be appropriated by law and used solely for the purposes specified in clauses (1) to (3):
new text end

new text begin (1) Money dedicated to the deficient roads and bridges fund must first be
appropriated to fund projects that improve or reconstruct structurally deficient bridges or
highways on the trunk highway system that do not meet minimum highway standards.
new text end

new text begin (2) Once projects for deficient bridges and highways on the trunk highway system
are completely funded under clause (1), money dedicated to the deficient roads and bridges
fund must be appropriated for projects that increase permissible weight limits to 10-ton
axle weight or at least 97,000 pounds on entire spans of trunk highways within the state
boundaries. Only one trunk highway at a time may be improved under this clause, selected
on the basis of the most urgent need at the discretion of the commissioner of transportation.
new text end

new text begin (3) Once all trunk highways have been improved according to clause (2), money
dedicated to the deficient roads and bridges funds must be appropriated for projects that
improve or reconstruct county state-aid highways, county highways, and township roads
that do not meet minimum highway standards, with priority given to highways that are
corridors of commerce and highways that connect to trunk highways completed under
clause (2).
new text end

new text begin Ten percent of the money in the clean water fund must be appropriated by law
to local lake associations to slow the spread of aquatic invasive species. Sixty percent
of the money in the clean water fund must be appropriated by law for eradication of
aquatic invasive species and may be spent for private grants for development of aquatic
invasive species control methods. Twenty-five percent of the money in the clean water
fund must be appropriated by law for grants to monitor rivers and streams in the state, as
recommended by the senate and house of representatives committees having jurisdiction
over environment. Five percent of the money in the clean water fund must be appropriated
by law for administrative costs of recipients of money from the clean water fund and no
other money from the clean water fund may be used for this purpose. The legislature must
provide for a public accounting of money spent from the clean water fund, including a
record of outcomes. A recipient of clean water fund money that is found to be in violation
of the terms of an appropriation is ineligible for funding from the clean water fund for
two years and any money disbursed from the clean water fund must be repaid to the fund
before eligibility for future funding is restored.
new text end

Sec. 3. new text beginSUBMISSION TO VOTERS.
new text end

new text begin The proposed amendments must be submitted to the people at the 2016 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to replace funding for outdoor
heritage, clean water, parks and trails, and arts and cultural heritage with funding for
deficient roads and bridges and clean water?
new text end

new text begin Yes
.
new text end
new text begin No
.
new text end
new text begin "
new text end

Sec. 4. new text beginPROHIBITION ON STATE-FUNDED OPPOSITION.
new text end

new text begin No state funds from any source may be used to advertise against the constitutional
amendments proposed under sections 1 and 2. No state employee may publicly campaign
against the constitutional amendments proposed under sections 1 and 2.
new text end

ARTICLE 2

CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2014, 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 of representatives, revisor of statutes, or researcher,
legislative analyst, fiscal analyst, or attorney in the Office of Senate Counsel, Research,
and Fiscal Analysis, House Research, or the House Fiscal Analysis Department;

(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 unemployment law judge 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 Enterprise Minnesota, 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;

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

(20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13;

(21) supervisor of a soil and water conservation district;

(22) director of Explore Minnesota Tourism;

(23) deleted text begincitizen member of the Lessard-Sams Outdoor Heritage Council established
in section 97A.056;
deleted text end

deleted text begin (24)deleted text end citizen member of the Clean Water Council established in section 114D.30;

deleted text begin (25)deleted text endnew text begin (24)new text end member or chief executive of the Minnesota Sports Facilities Authority
established in section 473J.07;

deleted text begin (26)deleted text endnew text begin (25)new text end district court judge, appeals court judge, or Supreme Court justice;

deleted text begin (27)deleted text endnew text begin (26)new text end county commissioner;

deleted text begin (28)deleted text endnew text begin (27)new text end member of the Greater Minnesota Regional Parks and Trails Commission; or

deleted text begin (29)deleted text endnew text begin (28)new text end member of the Destination Medical Center Corporation established in
section 469.41.

Sec. 2.

Minnesota Statutes 2014, section 16A.0561, is amended to read:


16A.0561 MAPPED DATA ON EXPENDITURES.

(a) Data on expenditure of money from the deleted text beginfundsdeleted text endnew text begin fundnew text end as specified under deleted text beginsections
3.303, subdivision 10, and
deleted text endnew text begin sectionnew text end 116P.08 may, if practicable, be made available on the
Web in a manner that allows the public to obtain information about a project receiving an
appropriation by clicking on a map. To the extent feasible, the map should include or link
to information about each project, including, but not limited to, the location, the name
of the entity receiving the appropriation, the source of the appropriation, the amount of
money received, and a general statement of the purpose of the appropriation.

(b) If requested, the Legislative Coordinating Commission may, to the extent
practicable, provide relevant executive branch agencies with public geospatial data that it
receives for its Web site deleted text beginrequired under section 3.303, subdivision 10deleted text end. The commissioner
may make this information available to the public in a similar manner as information
provided under paragraph (a).

(c) In creating plans for public expenditures from all geographically locatable or
project based appropriations, prospective budget and project planning should consider
geographic and data reporting that would facilitate the goals of this section.

Sec. 3.

Minnesota Statutes 2015 Supplement, section 84.69, subdivision 1, is amended
to read:


Subdivision 1.

Account established; sources.

The natural resources conservation
easement stewardship account is created in the special revenue fund. The account consists
of money credited to the account and interest and other earnings on money in the account.
The State Board of Investment must manage the account to maximize long-term gain. The
following revenue must be deposited in the natural resources conservation easement
stewardship account:

(1) contributions to the account or specified for any purpose of the account;

(2) contributions under subdivision 3; section 84.66, subdivision 11; or other
applicable law;

(3) money appropriated for any of the purposes described in subdivision 2;

(4) money appropriated for monitoring and enforcement of easements and earnings
on the money appropriated that revert to the state deleted text beginunder section 97A.056, subdivision
17, or other applicable law
deleted text end; and

(5) gifts under section 84.085 for conservation easement stewardship.

Sec. 4.

Minnesota Statutes 2014, section 84.992, subdivision 4, is amended to read:


Subd. 4.

Uniform patch.

Uniforms worn by members of the Minnesota Naturalist
Corps must have a patch that includes the name of the Minnesota Naturalist Corps deleted text beginand
information that the program is funded by the clean water, land, and legacy amendment to
the Minnesota Constitution adopted by the voters in November 2008
deleted text end.

Sec. 5.

Minnesota Statutes 2014, section 114D.20, subdivision 6, is amended to read:


Subd. 6.

Priorities for restoration of impaired waters.

In implementing
restoration of impaired waters, in addition to the priority considerations in subdivision 5,
the Clean Water Council shall give priority in its recommendations for restoration funding
deleted text beginfrom the clean water funddeleted text end to restoration projects that:

(1) coordinate with and utilize existing local authorities and infrastructure for
implementation;

(2) can be implemented in whole or in part by providing support for existing or
ongoing restoration efforts;

(3) most effectively leverage other sources of restoration funding, including federal,
state, local, and private sources of funds;

(4) show a high potential for early restoration and delisting based upon scientific
data developed through public agency or citizen monitoring or other means; and

(5) show a high potential for long-term water quality and related conservation
benefits.

Sec. 6.

Minnesota Statutes 2014, section 114D.30, subdivision 5, is amended to read:


Subd. 5.

Implementation plan.

The Clean Water Council shall recommend a plan
for implementation of this chapter deleted text beginand the provisions of article XI, section 15, of the
Minnesota Constitution relating to clean water
deleted text end. The recommended plan shall address
general procedures and time frames for implementing this chapter, and shall include a
more specific implementation work plan for the next fiscal biennium and a framework for
setting priorities to address impaired waters consistent with section 114D.20, subdivisions
2 to 7. The council shall issue a revised plan by December 1 of each even-numbered year.

Sec. 7.

Minnesota Statutes 2014, section 114D.30, subdivision 7, is amended to read:


Subd. 7.

Biennial report to legislature.

By December 1 of each even-numbered
year, the council shall submit a report to the legislature on the activities for which money
has been or will be spent for the current biennium, the activities for which money is
recommended to be spent in the next biennium, and the impact on economic development
of the implementation of efforts to protect and restore groundwater and the impaired
waters program. The report due on December 1, 2014, must include an evaluation of the
progress made through June 30, 2014, in implementing this chapter deleted text beginand the provisions of
article XI, section 15, of the Minnesota Constitution relating to clean water
deleted text end, the need for
funding of future implementation, and recommendations for the sources of funding.

Sec. 8.

Minnesota Statutes 2014, 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, deleted text beginfrom the parks and trails grant
program under section 85.535,
deleted text end from the local recreation grants program under section
85.019, subdivision 4b, and from other sources.

Sec. 9.

Minnesota Statutes 2014, section 290C.02, subdivision 6, is amended to read:


Subd. 6.

Forest land.

"Forest land" means land containing a minimum of 20
contiguous acres for which the owner has implemented a forest management plan that was
prepared or updated within the past ten years by an approved plan writer. For purposes of
this subdivision, acres are considered to be contiguous even if they are separated by a road,
waterway, railroad track, or other similar intervening property. At least 50 percent of the
contiguous acreage must meet the definition of forest land in section 88.01, subdivision
7
. For the purposes of sections 290C.01 to 290C.11, forest land does not include (i) land
used for residential or agricultural purposes, (ii) land enrolled in the reinvest in Minnesota
program, a state or federal conservation reserve or easement reserve program under sections
103F.501 to 103F.531, the Minnesota agricultural property tax law under section 273.111,
or land subject to agricultural land preservation controls or restrictions as defined in section
40A.02 or under the Metropolitan Agricultural Preserves Act under chapter 473H, (iii)
land exceeding 60,000 acres that is subject to a single conservation easement funded under
new text beginMinnesota Statutes 2014,new text end section 97A.056new text begin,new text end or a comparable permanent easement conveyed
to a governmental or nonprofit entity; (iv) any land that becomes subject to a conservation
easement funded under new text beginMinnesota Statutes 2014, new text endsection 97A.056new text begin,new text end or a comparable
permanent easement conveyed to a governmental or nonprofit entity after May 30, 2013;
or (v) land improved with a structure, pavement, sewer, campsite, or any road, other than a
township road, used for purposes not prescribed in the forest management plan.

Sec. 10. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2014, sections 3.303, subdivision 10; 3.9741, subdivision
3; 13D.08, subdivision 8; 85.53, subdivisions 1, 3, 4, and 5; 85.535; 85.536; 97A.056,
subdivisions 1, 1a, 2, 3, 4, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17, 18, and 19; 114D.30,
subdivision 6; 114D.50, subdivisions 1, 2, 3, 3a, 5, and 6; 129D.17, subdivisions 1, 3, and
4; 129D.18; and 129D.19,
new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2015 Supplement, sections 85.53, subdivision 2; 97A.056,
subdivisions 8, 11, 20, and 21; 114D.50, subdivision 4; and 129D.17, subdivision 2,
new text end new text begin are
repealed.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 10 are effective upon adoption of the constitutional amendment under
article 1, section 1.
new text end