Minnesota Legislature
HF 3015
1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government finance; making supplemental appropriations and
1.3reductions in appropriations for cultural and outdoor resources; modifying
1.4certain statutory provisions; requiring waiver requests for limitations of certain
1.5employment; appropriating money;amending Minnesota Statutes 2008, sections
1.6116U.25; 116U.26.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9The amounts shown in this section summarize direct appropriations, by fund, made
1.10in this act.
1.14 The dollar amounts in the columns under "Appropriations" are added to, or, if shown
1.15in parentheses, subtracted from appropriations enacted in the 2009 regular legislative
1.16session. The appropriations and reductions in appropriations are from the general fund, or
1.17another named fund, and are for the fiscal years indicated for each purpose. The figures
1.18"2010" and "2011" mean that the appropriations or reductions in appropriations listed
1.19under them are for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
1.20"The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium"
1.21is fiscal years 2010 and 2011. Appropriations and reductions in appropriations for the
1.22fiscal year ending June 30, 2010, are effective the day following final enactment.
2.5(a) $251,000 the first year and $300,000
2.6the second year are reductions to Explore
2.7Minnesota Tourism. Of the reduction in
2.8the first year, $13,000 is a reduction in the
2.9carryforward from fiscal year 2009.
2.10(b) $2,000 the first year and $2,000 the
2.11second year are reductions to the incentive
2.12grants program.
2.13(c) $11,000 the first year and $11,000 the
2.14second year are reductions to the Minnesota
2.15Film and TV Board.
2.16(d) $47,000 the first year is a reduction to the
2.17grant to the Minnesota Film and TV Board
2.18for the film jobs production program under
2.19Minnesota Statutes, section 116U.26.
2.23$136,000 the first year and $314,000 the
2.24second year are reductions to education and
2.25outreach.
2.27$102,000 the first year and $236,000 the
2.28second year are reductions to the preservation
2.29and access program.
2.31$1,000 the second year is a reduction to the
2.32Minnesota International Center.
3.3$2,000 the second year is a reduction to the
3.4Minnesota Agricultural Interpretive Center.
3.6$1,000 the second year is a reduction to the
3.7Hockey Hall of Fame Museum.
3.10$21,000 the first year and $21,000 the
3.11second year are reductions to operations and
3.12services.
3.14$182,000 the first year and $182,000 the
3.15second year are reductions to the grants
3.16program.
3.18$81,000 the first year and $81,000 the second
3.19year are reductions to the Regional Arts
3.20Council.
3.24(a) $38,000 the first year and $48,000 the
3.25second year are reductions to matching
3.26grants for public television.
3.27(b) $7,000 the first year and $10,000
3.28the second year are reductions to public
3.29television equipment grants.
4.1(c) $1,000 the second year is a reduction to
4.2the grant to the Twin Cities regional cable
4.3channel.
4.4(d) $9,000 the first year and $9,000 the
4.5second year are reductions to the community
4.6service grants to public educational radio
4.7stations.
4.8(e) $3,000 the first year and $3,000 the
4.9second year are reductions to the equipment
4.10grants to public educational radio stations.
4.11(f) $8,000 the first year and $12,000 the
4.12second year are reductions to the equipment
4.13grants to Minnesota Public Radio, Inc.
4.26(a) $4,000 is a reduction to the second-year
4.27appropriation for the Minnesota Children's
4.28Museum.
5.1(b) $1,000 is a reduction to the second-year
5.2appropriation for the Duluth Children's
5.3Museum.
5.4 Sec. 17. Minnesota Statutes 2008, section 116U.25, is amended to read:
5.5116U.25 EXPLORE MINNESOTA TOURISM COUNCIL.
5.6(a) The director shall be advised by the Explore Minnesota Tourism Council
5.7consisting of up to 28 voting members appointed by the governor for four-year terms,
5.8including:
5.9(1) the director of Explore Minnesota Tourism who serves as the chair;
5.10(2) eleven representatives of statewide associations representing bed and breakfast
5.11establishments, golf, festivals and events, counties, convention and visitor bureaus,
5.12lodging, resorts, trails, campgrounds, restaurants, and chambers of commerce;
5.13(3) one representative from each of thefour tourism marketing regions of the state as
5.14designated by the office;
5.15(4) six representatives of the tourism business representing transportation, retail,
5.16travel agencies, tour operators, travel media, and convention facilities;
5.17(5) one or more ex officio nonvoting members including at least one from the
5.18University of Minnesota Tourism Center;
5.19(6) four legislators, two from each house, one each from the two largest political
5.20party caucuses in each house, appointed according to the rules of the respective houses; and
5.21(7) other persons, if any, as designated from time to time by the governor.
5.22(b) The council shall act to serve the broader interests of tourism in Minnesota
5.23by promoting activities that support, maintain, and expand the state's domestic and
5.24international travel market, thereby generating increased visitor expenditures, tax revenue,
5.25and employment.
5.26(c) Filling of membership vacancies is as provided in section15.059 . The terms of
5.27one-half of the members shall be coterminous with the governor and the terms of the
5.28remaining one-half of the members shall end on the first Monday in January one year after
5.29the terms of the other members. Members may serve until their successors are appointed
5.30and qualify. Members are not compensated. A member may be reappointed.
5.31(d) The council shall meet at least four times per year and at other times determined
5.32by the council. Notwithstanding section15.059 , the council does not expire.
5.33(e) If compliance with section13D.02 is impractical, the Explore Minnesota Tourism
5.34Council may conduct a meeting of its members by telephone or other electronic means so
5.35long as the following conditions are met:
6.1(1) all members of the council participating in the meeting, wherever their physical
6.2location, can hear one another and can hear all discussion and testimony;
6.3(2) members of the public present at the regular meeting location of the council can
6.4hear clearly all discussion and testimony and all votes of members of the council and, if
6.5needed, receive those services required by sections15.44 and
15.441 ;
6.6(3) at least one member of the council is physically present at the regular meeting
6.7location; and
6.8(4) all votes are conducted by roll call, so each member's vote on each issue can be
6.9identified and recorded.
6.10(f) Each member of the council participating in a meeting by telephone or other
6.11electronic means is considered present at the meeting for purposes of determining a
6.12quorum and participating in all proceedings.
6.13(g) If telephone or other electronic means is used to conduct a meeting, the council,
6.14to the extent practical, shall allow a person to monitor the meeting electronically from a
6.15remote location. The council may require the person making such a connection to pay for
6.16documented marginal costs that the council incurs as a result of the additional connection.
6.17(h) If telephone or other electronic means is used to conduct a regular, special, or
6.18emergency meeting, the council shall provide notice of the regular meeting location, of the
6.19fact that some members may participate by telephone or other electronic means, and of
6.20the provisions of paragraph (g). The timing and method of providing notice is governed
6.21by section13D.04 .
6.22 Sec. 18. Minnesota Statutes 2008, section 116U.26, is amended to read:
6.23116U.26 FILM PRODUCTION JOBS PROGRAM.
6.24 (a) The film production jobs program is created. The program shall be operated
6.25by the Minnesota Film and TV Board with administrative oversight and control by the
6.26director of Explore Minnesota Tourism. The program shall make payment to producers
6.27of feature films, national television or Internet programs, documentaries, music videos,
6.28and commercials that directly create new film jobs in Minnesota. To be eligible for a
6.29payment, a producer must submit documentation to the Minnesota Film and TV Board of
6.30expenditures for production costs incurred in Minnesota that are directly attributable to the
6.31production in Minnesota of a film product.
6.32 The Minnesota Film and TV Board shall make recommendations to the director of
6.33Explore Minnesota Tourism about program payment, but the director has the authority to
6.34make the final determination on payments. The director's determination must be based
6.35on proper documentation of eligible production costs submitted for payments. No more
7.1than five percent of the funds appropriated for the program in any year may be expended
7.2for administration.
7.3 (b) For the purposes of this section:
7.4 (1) "production costs" means the cost of the following:
7.5 (i) a story and scenario to be used for a film;
7.6 (ii) salaries of talent, management, and labor, including payments to personal
7.7services corporations for the services of a performing artist;
7.8 (iii) set construction and operations, wardrobe, accessories, and related services;
7.9 (iv) photography, sound synchronization, lighting, and related services;
7.10 (v) editing and related services;
7.11 (vi) rental of facilities and equipment; or
7.12 (vii) other direct costs of producing the film in accordance with generally accepted
7.13entertainment industry practice; and
7.14 (2) "film" means a feature film, television or Internet show, documentary, music
7.15video, or television commercial, whether on film, video, or digital media. Film does not
7.16include news, current events, public programming, or a program that includes weather
7.17or market reports; a talk show; a production with respect to a questionnaire or contest; a
7.18sports event or sports activity; a gala presentation or awards show; a finished production
7.19that solicits funds; or a production for which the production company is required under
7.20United States Code, title 18, section 2257, to maintain records with respect to a performer
7.21portrayed in a single-media or multimedia program.
7.22 (c) Notwithstanding any other law to the contrary, the Minnesota Film and TV
7.23Board may make reimbursements of: (1) up to 20 percent of film production costs for
7.24films that locate production outside the metropolitan area, as defined in section 473.121,
7.25subdivision 2, or that incur production costs in excess of $5,000,000 inMinnesota the
7.26metropolitan area within a 12-month period; or (2) up to 15 percent of film production
7.27costs for films that incur production costs of $5,000,000 or less in the metropolitan area
7.28within a 12-month period.
7.29 Sec. 19. DEPARTMENT OF EDUCATION; WAIVER REQUEST.
7.30The commissioner of the Department of Education shall formally request a waiver of
7.31any executive order or executive branch requirement that employment be frozen, delayed,
7.32or otherwise limited. The waiver shall request an ability to proceed with hiring with
7.33respect to federally funded positions at the Minnesota Braille and Talking Book Library.
7.34A copy of this requested waiver shall be given to the chairs of the legislative committees
7.35with jurisdiction over state government and education.
1.3reductions in appropriations for cultural and outdoor resources; modifying
1.4certain statutory provisions; requiring waiver requests for limitations of certain
1.5employment; appropriating money;amending Minnesota Statutes 2008, sections
1.6116U.25; 116U.26.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.8 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.10in this act.
| 1.11 |
2010 |
2011 |
Total |
||||
| 1.12 |
General |
$ |
(964,000) |
$ |
(1,536,000) |
$ |
(2,500,000) |
| 1.13 |
Sec. 2. APPROPRIATIONS. |
||||||
1.15in parentheses, subtracted from appropriations enacted in the 2009 regular legislative
1.16session. The appropriations and reductions in appropriations are from the general fund, or
1.17another named fund, and are for the fiscal years indicated for each purpose. The figures
1.18"2010" and "2011" mean that the appropriations or reductions in appropriations listed
1.19under them are for the fiscal year ending June 30, 2010, or June 30, 2011, respectively.
1.20"The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium"
1.21is fiscal years 2010 and 2011. Appropriations and reductions in appropriations for the
1.22fiscal year ending June 30, 2010, are effective the day following final enactment.
| 1.23 |
APPROPRIATIONS |
||||||
| 1.24 |
Available for the Year |
||||||
| 2.1 |
Ending June 30 |
||||||
| 2.2 |
2010 |
2011 |
|||||
| 2.3 |
Sec. 3. PUBLIC FACILITIES AUTHORITY |
$ |
(11,000) |
$ |
(7,000) |
||
| 2.4 |
Sec. 4. EXPLORE MINNESOTA TOURISM |
$ |
(311,000) |
$ |
(313,000) |
||
2.6the second year are reductions to Explore
2.7Minnesota Tourism. Of the reduction in
2.8the first year, $13,000 is a reduction in the
2.9carryforward from fiscal year 2009.
2.10(b) $2,000 the first year and $2,000 the
2.11second year are reductions to the incentive
2.12grants program.
2.13(c) $11,000 the first year and $11,000 the
2.14second year are reductions to the Minnesota
2.15Film and TV Board.
2.16(d) $47,000 the first year is a reduction to the
2.17grant to the Minnesota Film and TV Board
2.18for the film jobs production program under
2.19Minnesota Statutes, section 116U.26.
| 2.20 2.21 |
Sec. 5.MINNESOTA HISTORICAL SOCIETY |
$ |
(238,000) |
$ |
(554,000) |
||
| 2.22 |
(a) Education and Outreach |
||||||
2.24second year are reductions to education and
2.25outreach.
| 2.26 |
(b) Preservation and Access |
||||||
2.28second year are reductions to the preservation
2.29and access program.
| 2.30 |
(c) Minnesota International Center |
2.32Minnesota International Center.
| 3.1 3.2 |
(d) Minnesota Agricultural Interpretive Center |
3.4Minnesota Agricultural Interpretive Center.
| 3.5 |
(e) Hockey Hall of Fame Museum |
3.7Hockey Hall of Fame Museum.
| 3.8 |
Sec. 6.BOARD OF THE ARTS |
$ |
(284,000) |
$ |
(284,000) |
||
| 3.9 |
(a) Operations and Services |
||||||
3.11second year are reductions to operations and
3.12services.
| 3.13 |
(b) Grants Program |
||||||
3.15second year are reductions to the grants
3.16program.
| 3.17 |
(c) Regional Arts Council |
||||||
3.19year are reductions to the Regional Arts
3.20Council.
| 3.21 3.22 |
Sec. 7. MINNESOTA HUMANITIES CENTER |
$ |
-0- |
$ |
(7,000) |
||
| 3.23 |
Sec. 8. PUBLIC BROADCASTING |
$ |
(65,000) |
$ |
(83,000) |
||
3.25second year are reductions to matching
3.26grants for public television.
3.27(b) $7,000 the first year and $10,000
3.28the second year are reductions to public
3.29television equipment grants.
4.1(c) $1,000 the second year is a reduction to
4.2the grant to the Twin Cities regional cable
4.3channel.
4.4(d) $9,000 the first year and $9,000 the
4.5second year are reductions to the community
4.6service grants to public educational radio
4.7stations.
4.8(e) $3,000 the first year and $3,000 the
4.9second year are reductions to the equipment
4.10grants to public educational radio stations.
4.11(f) $8,000 the first year and $12,000 the
4.12second year are reductions to the equipment
4.13grants to Minnesota Public Radio, Inc.
| 4.14 |
Sec. 9. AMATEUR SPORTS COMMISSION |
$ |
(4,000) |
$ |
(9,000) |
||
| 4.15 4.16 |
Sec. 10. COUNCIL ON BLACK MINNESOTANS |
$ |
(5,000) |
$ |
(9,000) |
||
| 4.17 4.18 |
Sec. 11. COUNCIL ON CHICANO/LATINO AFFAIRS |
$ |
(6,000) |
$ |
(9,000) |
||
| 4.19 4.20 |
Sec. 12. COUNCIL ON ASIAN-PACIFIC MINNESOTANS |
$ |
(5,000) |
$ |
(8,000) |
||
| 4.21 |
Sec. 13. INDIAN AFFAIRS COUNCIL |
$ |
(9,000) |
$ |
(14,000) |
||
| 4.22 |
Sec. 14. ZOOLOGICAL BOARD |
$ |
(26,000) |
$ |
(216,000) |
||
| 4.23 4.24 |
Sec. 15. SCIENCE MUSEUM OF MINNESOTA |
$ |
-0- |
$ |
(18,000) |
||
| 4.25 |
Sec. 16. DEPARTMENT OF EDUCATION |
$ |
-0- |
$ |
(5,000) |
||
4.27appropriation for the Minnesota Children's
4.28Museum.
5.1(b) $1,000 is a reduction to the second-year
5.2appropriation for the Duluth Children's
5.3Museum.
5.4 Sec. 17. Minnesota Statutes 2008, section 116U.25, is amended to read:
5.5116U.25 EXPLORE MINNESOTA TOURISM COUNCIL.
5.6(a) The director shall be advised by the Explore Minnesota Tourism Council
5.7consisting of up to 28 voting members appointed by the governor for four-year terms,
5.8including:
5.9(1) the director of Explore Minnesota Tourism who serves as the chair;
5.10(2) eleven representatives of statewide associations representing bed and breakfast
5.11establishments, golf, festivals and events, counties, convention and visitor bureaus,
5.12lodging, resorts, trails, campgrounds, restaurants, and chambers of commerce;
5.13(3) one representative from each of the
5.14designated by the office;
5.15(4) six representatives of the tourism business representing transportation, retail,
5.16travel agencies, tour operators, travel media, and convention facilities;
5.17(5) one or more ex officio nonvoting members including at least one from the
5.18University of Minnesota Tourism Center;
5.19(6) four legislators, two from each house, one each from the two largest political
5.20party caucuses in each house, appointed according to the rules of the respective houses; and
5.21(7) other persons, if any, as designated from time to time by the governor.
5.22(b) The council shall act to serve the broader interests of tourism in Minnesota
5.23by promoting activities that support, maintain, and expand the state's domestic and
5.24international travel market, thereby generating increased visitor expenditures, tax revenue,
5.25and employment.
5.26(c) Filling of membership vacancies is as provided in section
5.27one-half of the members shall be coterminous with the governor and the terms of the
5.28remaining one-half of the members shall end on the first Monday in January one year after
5.29the terms of the other members. Members may serve until their successors are appointed
5.30and qualify. Members are not compensated. A member may be reappointed.
5.31(d) The council shall meet at least four times per year and at other times determined
5.32by the council. Notwithstanding section
5.33(e) If compliance with section
5.34Council may conduct a meeting of its members by telephone or other electronic means so
5.35long as the following conditions are met:
6.1(1) all members of the council participating in the meeting, wherever their physical
6.2location, can hear one another and can hear all discussion and testimony;
6.3(2) members of the public present at the regular meeting location of the council can
6.4hear clearly all discussion and testimony and all votes of members of the council and, if
6.5needed, receive those services required by sections
6.6(3) at least one member of the council is physically present at the regular meeting
6.7location; and
6.8(4) all votes are conducted by roll call, so each member's vote on each issue can be
6.9identified and recorded.
6.10(f) Each member of the council participating in a meeting by telephone or other
6.11electronic means is considered present at the meeting for purposes of determining a
6.12quorum and participating in all proceedings.
6.13(g) If telephone or other electronic means is used to conduct a meeting, the council,
6.14to the extent practical, shall allow a person to monitor the meeting electronically from a
6.15remote location. The council may require the person making such a connection to pay for
6.16documented marginal costs that the council incurs as a result of the additional connection.
6.17(h) If telephone or other electronic means is used to conduct a regular, special, or
6.18emergency meeting, the council shall provide notice of the regular meeting location, of the
6.19fact that some members may participate by telephone or other electronic means, and of
6.20the provisions of paragraph (g). The timing and method of providing notice is governed
6.21by section
6.22 Sec. 18. Minnesota Statutes 2008, section 116U.26, is amended to read:
6.23116U.26 FILM PRODUCTION JOBS PROGRAM.
6.24 (a) The film production jobs program is created. The program shall be operated
6.25by the Minnesota Film and TV Board with administrative oversight and control by the
6.26director of Explore Minnesota Tourism. The program shall make payment to producers
6.27of feature films, national television or Internet programs, documentaries, music videos,
6.28and commercials that directly create new film jobs in Minnesota. To be eligible for a
6.29payment, a producer must submit documentation to the Minnesota Film and TV Board of
6.30expenditures for production costs incurred in Minnesota that are directly attributable to the
6.31production in Minnesota of a film product.
6.32 The Minnesota Film and TV Board shall make recommendations to the director of
6.33Explore Minnesota Tourism about program payment, but the director has the authority to
6.34make the final determination on payments. The director's determination must be based
6.35on proper documentation of eligible production costs submitted for payments. No more
7.1than five percent of the funds appropriated for the program in any year may be expended
7.2for administration.
7.3 (b) For the purposes of this section:
7.4 (1) "production costs" means the cost of the following:
7.5 (i) a story and scenario to be used for a film;
7.6 (ii) salaries of talent, management, and labor, including payments to personal
7.7services corporations for the services of a performing artist;
7.8 (iii) set construction and operations, wardrobe, accessories, and related services;
7.9 (iv) photography, sound synchronization, lighting, and related services;
7.10 (v) editing and related services;
7.11 (vi) rental of facilities and equipment; or
7.12 (vii) other direct costs of producing the film in accordance with generally accepted
7.13entertainment industry practice; and
7.14 (2) "film" means a feature film, television or Internet show, documentary, music
7.15video, or television commercial, whether on film, video, or digital media. Film does not
7.16include news, current events, public programming, or a program that includes weather
7.17or market reports; a talk show; a production with respect to a questionnaire or contest; a
7.18sports event or sports activity; a gala presentation or awards show; a finished production
7.19that solicits funds; or a production for which the production company is required under
7.20United States Code, title 18, section 2257, to maintain records with respect to a performer
7.21portrayed in a single-media or multimedia program.
7.22 (c) Notwithstanding any other law to the contrary, the Minnesota Film and TV
7.23Board may make reimbursements of: (1) up to 20 percent of film production costs for
7.24films that locate production outside the metropolitan area, as defined in section 473.121,
7.25subdivision 2, or that incur production costs in excess of $5,000,000 in
7.26metropolitan area within a 12-month period; or (2) up to 15 percent of film production
7.27costs for films that incur production costs of $5,000,000 or less in the metropolitan area
7.28within a 12-month period.
7.29 Sec. 19. DEPARTMENT OF EDUCATION; WAIVER REQUEST.
7.30The commissioner of the Department of Education shall formally request a waiver of
7.31any executive order or executive branch requirement that employment be frozen, delayed,
7.32or otherwise limited. The waiver shall request an ability to proceed with hiring with
7.33respect to federally funded positions at the Minnesota Braille and Talking Book Library.
7.34A copy of this requested waiver shall be given to the chairs of the legislative committees
7.35with jurisdiction over state government and education.