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HF 3836

as introduced - 86th Legislature (2009 - 2010) Posted on 05/07/2010 01:22pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to natural resources; establishing a Minnesota-Wisconsin Boundary Area
Invasive Species Commission; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 84D.

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

Section 1.

new text begin [84D.20] MINNESOTA-WISCONSIN BOUNDARY AREA INVASIVE
SPECIES COMMISSION; ESTABLISHMENT; AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Minnesota-Wisconsin Boundary Area Invasive
Species Commission is established.
new text end

new text begin Subd. 2. new text end

new text begin General powers and duties. new text end

new text begin (a) The Minnesota-Wisconsin Boundary
Area Invasive Species Commission shall make recommendations, review and correlate
studies of the federal government and other agencies, develop plans and evolve findings,
and do all things necessary and proper to carry out the powers conferred upon the
commission by law, provided that no recommendation, plan, or finding of the commission
shall have the force of law or be binding upon or limit the powers of either state or its
departments, agencies, or municipalities.
new text end

new text begin (b) The commission shall cooperate with the federal government of the United States
and with any public or private agencies having an interest in, or jurisdiction sufficient to
affect, the present and future protection of waters from invasive species.
new text end

new text begin (c) For the purpose of obtaining information relative to land and water use in the
area, the commission may hold public hearings.
new text end

new text begin (d) The commission may appoint subcommittees for the purpose of conducting
specific studies under paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Members; officers; meetings. new text end

new text begin (a) The Minnesota representation on the
Minnesota-Wisconsin Boundary Area Invasive Species Commission shall consist of
five commissioners appointed by the governor, each for a four-year term. The terms of
the commissioners shall be staggered. Vacancies shall be filled by appointment by the
governor for the unexpired term.
new text end

new text begin (b) The commission shall annually elect from among its members a chair, a vice
chair who shall not be a citizen of the state represented by the chair, and other officers
deemed necessary by the commission.
new text end

new text begin (c) The commission shall meet at the call of the chair, or at the call of three of its
members, upon five days' notice, but at least twice in each calendar year.
new text end

new text begin Subd. 4. new text end

new text begin Minnesota-Wisconsin Boundary Area Legislative Advisory Committee.
new text end

new text begin To assist the Minnesota-Wisconsin Boundary Area Invasive Species Commission in the
performance of its duties, a Minnesota-Wisconsin Boundary Area Legislative Advisory
Committee is created, to be comprised of five members of the house of representatives
appointed by the speaker and five members of the senate appointed by the Rules and
Administration Subcommittee on Committees. The members of the advisory committee
shall be selected by January 31 of each odd-numbered year. Vacancies, when the
legislature is not in regular session, shall be filled by appointment of the last duly elected
speaker in the case of members of the house of representatives and the last duly elected
members of the Rules and Administration Subcommittee on Committees in the case of
members of the senate. The members of the advisory committee shall select a chair and
other officers as deemed necessary. The chair of the advisory committee shall rotate every
two years between the house of representatives and the senate.
new text end

new text begin Subd. 5. new text end

new text begin Technical Advisory Task Force. new text end

new text begin To assist the Minnesota-Wisconsin
Boundary Area Invasive Species Commission in the performance of its duties, a Technical
Advisory Task Force comprised of ten members is created, to be appointed, as found
necessary, by the commission and serve at the commission's pleasure. Each member of
the Technical Advisory Task Force shall have expertise in the subject matter of the duties
of the Minnesota-Wisconsin Boundary Area Invasive Species Commission and be an
officer or employee of the executive branch of the state government or of a governmental
subdivision or body politic and corporate of the state.
new text end

new text begin Subd. 6. new text end

new text begin Compensation and reimbursement for expenses. new text end

new text begin (a) Members of the
commission shall serve without compensation, but the actual and necessary expenses
incurred by any member in the performance of the commission's duties shall be reimbursed
from the appropriations made for the support of the commission.
new text end

new text begin (b) Members of the Minnesota-Wisconsin Boundary Area Legislative Advisory
Committee shall be compensated and reimbursed for expenses in the same manner that
members of legislative standing committees are compensated and reimbursed under
section 3.101.
new text end

new text begin Subd. 7. new text end

new text begin Cooperation of state officers. new text end

new text begin All departments and agencies of the state
shall cooperate with the commission and its advisory committees in the execution of their
functions and assist the commission to carry out its duties.
new text end

new text begin Subd. 8. new text end

new text begin Gifts. new text end

new text begin The Minnesota commissioners may accept on behalf of the state a
gift from any source, private or public, and use the gift for the purposes for which it is
tendered, consistent with the duties of the Minnesota-Wisconsin Boundary Area Invasive
Species Commission. Money so received shall be deposited in the state treasury and is
appropriated annually to the commission to carry out the terms of the gift.
new text end

new text begin Subd. 9. new text end

new text begin Budget. new text end

new text begin The Minnesota commissioners shall submit a budget of the
estimated expenditures of the commission from time to time to the commissioner of
management and budget for the period and in the form the commissioner of management
and budget requires.
new text end

new text begin Subd. 10. new text end

new text begin Annual audit. new text end

new text begin The commission shall keep accurate accounts of all
receipts and disbursements, which shall be audited as of December 31 of each year by a
qualified public accountant.
new text end

new text begin Subd. 11. new text end

new text begin Reports. new text end

new text begin By January 15 of each odd-numbered year, the commission
shall make a report to the governor and legislature of each state that shall include:
new text end

new text begin (1) the activities of the commission during the previous biennium and its intended
activities for the upcoming biennium; and
new text end

new text begin (2) the appropriations, gifts, and grants, if any, received by the commission and the
commission's expenditures of funds as verified by the audit under subdivision 10.
new text end

new text begin Subd. 12. new text end

new text begin Enabling legislation. new text end

new text begin The commission shall become operative
immediately after the passage of an act by both party states incorporating the provisions
of this commission into the laws of both states. The first meeting shall be called by the
members of the first state to enact the commission.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end