HF 3935

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; establishing the Lessard-Heritage Enhancement
Council; providing appointments; proposing coding for new law in Minnesota
Statutes, chapter 97A.

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

Section 1.

new text begin [97A.056] OUTDOOR HERITAGE FUND; LESSARD-HERITAGE
ENHANCEMENT COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Outdoor heritage fund. new text end

new text begin (a) The outdoor heritage fund is established
in the Minnesota Constitution, article XI, section 15. All money earned by the outdoor
heritage fund must be credited to the fund. At least 97 percent of the money appropriated
from the fund must be spent on specific fish, wildlife, habitat, and land conservation
projects.
new text end

new text begin (b) A forest fragmentation and consolidation account is created within the
outdoor heritage fund. From the receipts deposited in the fund under the Minnesota
Constitution, article XI, section 15, 20 percent each fiscal year must be credited to the
forest fragmentation and consolidation account. Money in the account may be spent only
for the acquisition of permanent easements on private forest land or for the acquisition of
land for forest consolidation. The conservation easements must guarantee public access,
including, but not limited to, hunting and fishing access.
new text end

new text begin (c) A conservation partners account is created within the outdoor heritage fund.
From the receipts deposited in the fund under the Minnesota Constitution, article XI,
section 15, 20 percent each year must be credited to the conservation partners account.
Money in the account may be spent only for matching grants of up to $250,000 to local
sporting and wildlife conservation clubs for the improvement of fish, game, and wildlife
habitat conservation.
new text end

new text begin Subd. 2. new text end

new text begin Lessard-Heritage Enhancement Council. new text end

new text begin (a) The Lessard-Heritage
Enhancement Council of 16 members is created in the legislative branch, consisting of:
new text end

new text begin (1) three members of the senate appointed by the senate Subcommittee on
Committees of the Committee on Rules and Administration;
new text end

new text begin (2) three members of the house of representatives appointed by the speaker of the
house;
new text end

new text begin (3) three public members representing hunting, fishing, and wildlife habitat
conservation stakeholders appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration;
new text end

new text begin (4) three public members representing hunting, fishing, and wildlife habitat
conservation stakeholders appointed by the speaker of the house; and
new text end

new text begin (5) four public members representing hunting, fishing, and wildlife habitat
conservation stakeholders appointed by the governor.
new text end

new text begin (b) One member from the senate and one member from the house of representatives
must be from the minority caucus.
new text end

new text begin (c) At least one public member appointed by the speaker of the house and one
public member appointed by the senate Subcommittee on Committees of the Committee
on Rules and Administration must be a woman. At least two of the public members
appointed by the governor must be women. At least one of the public members appointed
by the governor must be an ethnic minority.
new text end

new text begin (d) The public members appointed and recommended to the appointing authorities
according to subdivision 3 must:
new text end

new text begin (1) have experience or expertise in the science, policy, or practice of preservation,
enhancement, and protection of the state's fish, game, and wildlife habitat;
new text end

new text begin (2) have strong knowledge in the state's fish, game, and wildlife habitat conservation
issues around the state; and
new text end

new text begin (3) have demonstrated the ability to work in a collaborative environment.
new text end

new text begin (e) A public member may be removed by an appointing authority for cause.
new text end

new text begin (f) Citizen members serve four-year terms and shall be initially appointed according
to the following schedule of terms:
new text end

new text begin (1) two members appointed by the governor for a term ending the first Monday in
January 2013;
new text end

new text begin (2) two members appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2013, and two members appointed by the speaker of the house for a term ending the first
Monday in January 2013;
new text end

new text begin (3) one member appointed by the governor for a term ending the first Monday in
January 2012;
new text end

new text begin (4) one member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2012, and one member appointed by the speaker of the house for a term ending the first
Monday in January 2012; and
new text end

new text begin (5) one member appointed by the governor for a term ending the first Monday in
January 2011.
new text end

new text begin (g) Legislative members are entitled to reimbursement for per diem expenses plus
travel expenses incurred in the services of the council. The removal and, beginning July 1,
2009, the compensation of public members is as provided in section 15.0575.
new text end

new text begin (h) The first meeting of the council shall be convened by the chair of the Legislative
Coordinating Commission. Members shall elect a chair, vice chair, secretary, and other
officers as determined by the council. The chair may convene meetings as necessary to
conduct the duties prescribed by this section.
new text end

new text begin (i) Legislative membership terms are at the pleasure of the appointing authority,
except that members shall serve on the council until their successors are appointed.
new text end

new text begin (j) The governor's appointments to the council are subject to the advice and consent
of the senate.
new text end

new text begin (k) Vacancies occurring on the council do not affect the authority of the remaining
members of the council to carry out their duties.
new text end

new text begin (l) In addition to the appointments in paragraph (a), each appointing authority shall
appoint one nonvoting member under the age of 18.
new text end

new text begin Subd. 3. new text end

new text begin Citizen selection committee. new text end

new text begin (a) The governor shall appoint an Outdoor
Heritage Fund Citizen Selection Committee of five members who come from different
regions of the state and represent hunting and fishing stakeholders. The duties of the
Outdoor Heritage Enhancement Fund Citizen Selection Committee shall be to:
new text end

new text begin (1) identify citizen candidates to be public members of the council, as part of the
open appointments process under section 15.0597;
new text end

new text begin (2) request and review citizen candidate applications to be members of the council;
and
new text end

new text begin (3) interview the citizen candidates and recommend an adequate pool of candidates
to be selected for council membership by the governor, the senate, and the house of
representatives. Members are entitled to travel expenses incurred to fulfill their duties
under this subdivision as provided in section 15.059, subdivision 6.
new text end

new text begin (b) The Outdoor Heritage Enhancement Fund Citizen Selection Committee shall
give strong consideration to recommending candidates under the age of 30.
new text end

new text begin Subd. 4. new text end

new text begin Strategic plan required. new text end

new text begin (a) The council shall adopt a strategic plan for
making expenditures from the outdoor heritage fund, including identifying the priority
areas for funding for the next six years. The strategic plan must be reviewed every two
years. The strategic plan must have clearly stated short-term and long-term goals and
strategies for outdoor heritage fund expenditures, must provide measurable outcomes for
expenditures, and must determine areas of emphasis for funding.
new text end

new text begin (b) The council shall consider the long-term strategic plans of agencies with
environment and natural resource programs and responsibilities and plans of fish, game,
and wildlife conservation organizations during the development and review of the
strategic plan.
new text end

new text begin Subd. 5. new text end

new text begin Duties of council. new text end

new text begin (a) The council, in consultation with statewide and local
fishing, hunting, wildlife, forestry, agriculture, and land conservation groups, shall develop
a biennial budget plan to recommend expenditures from the outdoor heritage fund to the
legislature and the governor. Approval of the biennial budget plan for the outdoor heritage
fund requires an affirmative vote of at least 11 members of the council.
new text end

new text begin (b) In the biennial budget submitted to the legislature, the governor shall submit
separate budget detail for planned expenditures from the outdoor heritage fund as
recommended by the council.
new text end

new text begin (c) As a condition of acceptance of an appropriation from the outdoor heritage fund,
an agency or entity receiving an appropriation shall submit a work program and quarterly
progress reports for appropriations from the outdoor heritage fund to the members of the
Lessard-Heritage Enhancement Council in the form determined by the council.
new text end

new text begin Subd. 6. new text end

new text begin Council administration. new text end

new text begin (a) The council may employ personnel and
contract with consultants as necessary to carry out the functions and duties of the council.
Permanent employees shall be in the unclassified service. The council may request staff
assistance, legal opinion, and data from agencies of state government as needed for the
execution of the responsibilities of the council.
new text end

new text begin (b) Beginning July 1, 2009, the administrative expenses of the council shall be paid
from the outdoor heritage fund, as appropriated by law.
new text end

new text begin (c) A council member or an employee of the council may not participate in or vote
on a decision of the council relating to an organization in which the member or employee
has either a direct or indirect personal financial interest. While serving on or employed by
the council, a person shall avoid any potential conflict of interest.
new text end

new text begin Subd. 7. new text end

new text begin Open meetings. new text end

new text begin (a) Meetings of the council and other groups the council
may establish must be open to the public. Except where prohibited by law, the council
shall establish additional processes to broaden public involvement in all aspects of its
deliberations. For the purposes of this subdivision, a meeting occurs when a quorum is
present and action is taken regarding a matter within the jurisdiction of the council.
new text end

new text begin (b) For legislative members of the council, enforcement of this subdivision shall
be governed by section 3.055, subdivision 2. For nonlegislative members of the council,
enforcement of this subdivision shall be governed by section 13D.06, subdivisions 1 and 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 15, 2008, if the
constitutional amendment proposed in Laws 2008, chapter 151, is adopted by the voters.
new text end