HF 4104

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; proposing an amendment to the Minnesota
Constitution, article V, section 1; article XI, by adding a section; creating
the Office of the Secretary of Natural Resources; modifying the Legislative
Commission on Minnesota Resources; dedicating the sales tax receipts equal to
a sales tax of one-fourth of one percent on taxable sales for natural resource
purposes; creating a heritage enhancement fund, clean water fund, and farmland
and natural areas fund; appropriating money; amending Minnesota Statutes 2005
Supplement, section 10A.01, subdivision 35; proposing coding for new law in
Minnesota Statutes, chapters 85; 97A; 103F; 129D; 446A; proposing coding for
new law as Minnesota Statutes, chapter 116V; repealing Minnesota Statutes
2004, section 84.01.

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

ARTICLE 1

CONSTITUTIONAL AMENDMENT

Section 1. new text begin CONSTITUTIONAL 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 V, section 1, will read:
new text end

Section 1.

The executive department consists of a governor, lieutenant governor,
secretary of state, new text begin secretary of natural resources, new text end auditor, and attorney general, who shall
be chosen by the electors of the state. The governor and lieutenant governor shall be
chosen jointly by a single vote applying to both offices in a manner prescribed by law.

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2006 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to designate the secretary of natural
resources as an elected executive officer?
new text end

new text begin Yes ....... new text end

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

ARTICLE 2

CONFORMING CHANGES

Section 1. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall change the terms "commissioner of natural
resources" and "commissioner," when it refers to the commissioner of natural resources, to
"secretary of natural resources" and "secretary" wherever the terms appear in Minnesota
Statutes and Minnesota Rules.
new text end

new text begin (b) The revisor of statutes shall change the terms "Department of Natural Resources"
and "department," when it refers to the Department of Natural Resources, to "Office of
the Secretary of Natural Resources" and "office" wherever the terms appear in Minnesota
Statutes and Minnesota Rules.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 84.01 new text end new text begin is repealed.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective July 1, 2007, if the constitutional amendment proposed
in article 1 is adopted by the voters.
new text end

ARTICLE 3

CONSTITUTIONAL AMENDMENT

Section 1. new text begin CONSTITUTIONAL 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 will be added to article XI, to read:
new text end

new text begin Sec. 15. new text end

new text begin Beginning July 1, 2007, until June 30, 2032, the state sales and use tax receipts
equal to the state sales and use tax of one-half of one percent on sales and uses taxable
under the general state sales and use tax law, plus penalties and interest and reduced by
any refunds, are dedicated as follows: one-quarter of the receipts shall be deposited in
the heritage enhancement fund and may be spent only to improve, enhance, or protect the
state's fish, wildlife, habitat, and fish and wildlife tourism; one-quarter of the receipts shall
be deposited in the clean water fund and may be spent only on protection and restoration
of the state's lakes, rivers, streams, wetlands, and groundwater; one-quarter of the receipts
shall be deposited in the farmland and natural areas fund and may be spent only to acquire,
preserve, and protect farmland and natural areas; one-eighth of the receipts shall be
deposited in the parks and trails fund and may be spent only on parks, trails, and zoos
in the state, and one-eighth of the receipts shall be deposited in the arts, humanities,
museum, and public broadcasting fund and may be spent only on arts, humanities, history,
museums, and public broadcasting. A heritage enhancement fund, clean water fund,
farmland and natural areas fund, parks and trails fund, and arts, humanities, museum, and
public broadcasting fund are created in the state treasury. The money dedicated under this
section shall be appropriated by law. The money dedicated under this section shall not
be used as a substitute for traditional funding sources for the purposes specified, but the
dedicated money shall supplement traditional sources of funding for those purposes.
Land acquired in fee with money deposited in the heritage enhancement fund under this
section must be open to public taking of fish and game during the open season unless
otherwise provided by law.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2006 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide funding from July 1, 2007,
until June 30, 2032, to improve, enhance, or protect the state's fish, wildlife, habitat, and
fish and wildlife tourism; to protect and restore the state's lakes, rivers, streams, wetlands,
and groundwater; to acquire, preserve, and protect farmland and natural areas; for parks
and trails; and for arts, humanities, museums, and public broadcasting by dedicating the
sales and use tax receipts equal to the state sales and use tax of one-half of one percent on
taxable sales?
new text end

new text begin Yes ....... new text end

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

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 apply to sales and uses occurring after June 30, 2007.
new text end

ARTICLE 4

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2005 Supplement, 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.; deleted text begin or
deleted text end

(17) member of the board of directors or executive director of the Minnesota State
High School League deleted text begin . deleted text end new text begin ;
new text end

new text begin (18) member of the Heritage Enhancement Council;
new text end

new text begin (19) member of the Farmland and Natural Areas Council; or
new text end

new text begin (20) member of the Clean Water Council.
new text end

Sec. 2.

new text begin [85.0195] PARKS AND TRAILS FUND; EXPENDITURES.
new text end

new text begin Subdivision 1. new text end

new text begin Fund. new text end

new text begin The parks and trails fund is established in the Minnesota
Constitution, article XI, section 15. All money earned by the parks and trails fund must
be credited to the fund.
new text end

new text begin Subd. 2. new text end

new text begin Expenditures. new text end

new text begin Money in the parks and trails fund may be spent only
on state and regional parks, trails, and zoos. Receipts to the fund must be allocated
in separate accounts as follows:
new text end

new text begin (1) ... percent of the receipts may be spent only for state park, trail, and recreation
area purposes. Money in this account is appropriated to the commissioner of natural
resources;
new text end

new text begin (2) ... percent of the receipts may be spent only for regional park and trail grants,
outdoor recreation grants, natural and scenic area grants, trail connection grants, and
grant-in-aid trails and for the Minnesota Zoological Garden, the Como Park Zoo and
Conservatory, and the Duluth Zoo. Money in this account is appropriated to the Public
Facilities Authority to make grants according to section 446A.087.
new text end

Sec. 3.

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

new text begin Subdivision 1. new text end

new text begin Heritage enhancement fund. new text end

new text begin The heritage enhancement fund is
established in the Minnesota Constitution, article XI, section 15. All money earned by
the heritage enhancement 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, outdoor
recreation projects, and fish and wildlife tourism projects.
new text end

new text begin Subd. 2. new text end

new text begin Heritage Enhancement Council. new text end

new text begin (a) A Heritage Enhancement Council
of 11 members is created, consisting of:
new text end

new text begin (1) two 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) two members of the house of representatives appointed by the speaker of the
house;
new text end

new text begin (3) two public members representing hunting, fishing, wildlife, and outdoor
recreation interests appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration;
new text end

new text begin (4) two public members representing hunting, fishing, wildlife, and outdoor
recreation interests appointed by the speaker of the house; and
new text end

new text begin (5) three public members representing hunting, fishing, wildlife, and outdoor
recreation interests appointed by the governor.
new text end

new text begin (b) Legislative members appointed under paragraph (a), clauses (1) and (2), serve as
nonvoting members. One member from the senate and one member from the house of
representatives must be from the minority caucus. Legislative members are entitled to
reimbursement for per diem expenses plus travel expenses incurred in the services of the
council. The removal and compensation of public members are as provided in section
15.0575.
new text end

new text begin (c) 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 (d) Membership terms are two years, except that members shall serve on the council
until their successors are appointed.
new text end

new text begin (e) Vacancies occurring on the council do not affect the authority of the remaining
members of the council to carry out their duties. Vacancies shall be filled in the same
manner as under paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Duties of the council. new text end

new text begin (a) The council, in consultation with statewide and
local fishing, forestry, hunting, and wildlife groups, shall develop a biennial budget plan
for expenditures from the heritage enhancement fund. The biennial budget plan may
include competitive grants to statewide and local fishing, forestry, hunting, and wildlife
groups to improve, enhance, or protect fish, wildlife, and recreation resources.
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 heritage enhancement fund
as recommended by the council.
new text end

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

new text begin Subd. 4. 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 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) The administrative expenses of the council shall be paid from the heritage
enhancement fund.
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 (d) Notwithstanding section 15.059, subdivision 5, the council does not expire.
new text end

new text begin Subd. 5. new text end

new text begin Council meetings. new text end

new text begin Meetings of the council and other groups the council
may establish must be conducted according to chapter 13D. Except where prohibited by
law, the council shall establish additional processes to broaden public involvement in all
aspects of its deliberations.
new text end

new text begin Subd. 6. new text end

new text begin Public information. new text end

new text begin The council shall annually post on its Web site how
money from the fund was expended. Data on expenditures from the fund are public data
upon completion of any acquisition of property.
new text end

Sec. 4.

new text begin [103F.765] CLEAN WATER FUND; EXPENDITURES; CLEAN WATERS
COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Fund. new text end

new text begin The clean water fund is established in the Minnesota
Constitution, article XI, section 15. All money earned by the clean water fund must be
credited to the fund.
new text end

new text begin Subd. 2. new text end

new text begin Expenditures. new text end

new text begin Subject to appropriation by law, money in the clean water
fund may be spent only on:
new text end

new text begin (1) monitoring, investigations, and analysis of the quality of Minnesota's water
resources;
new text end

new text begin (2) state and local activities to protect, preserve, and improve the quality of
Minnesota's water resources; and
new text end

new text begin (3) technical and financial assistance to individuals and organizations for nonpoint
source water quality improvement projects; and
new text end

new text begin (4) evaluation of water quality protection efforts.
new text end

new text begin Subd. 3. new text end

new text begin Clean waters council; membership; appointment. new text end

new text begin (a) A Clean Waters
Council of ten members is created consisting of:
new text end

new text begin (1) one member of the senate appointed by the president of the senate;
new text end

new text begin (2) one member of the house of representatives appointed by the speaker of the
house; and
new text end

new text begin (3) eight public members, one from each congressional district, appointed by the
governor.
new text end

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

new text begin (c) 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 (d) Public membership terms are four years, except that the terms for four of the
first members appointed are two years and members shall serve on the council until their
successors are appointed. Legislative membership terms are two years.
new text end

new text begin (e) Vacancies occurring on the council do not affect the authority of the remaining
members of the council to carry out their duties. Vacancies must be filled in the same
manner as under paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Recommendations on appropriation of funds. new text end

new text begin The Clean Waters Council
shall recommend to the governor the manner in which money from the clean water fund
should be appropriated for the purposes identified in subdivision 2.
new text end

new text begin Subd. 5. 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 functions and duties of the council.
Permanent employees are 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) The administrative expenses of the council must be paid from the fund.
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 a property 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 (d) Notwithstanding section 15.059, subdivision 5, the council does not expire.
new text end

new text begin Subd. 6. new text end

new text begin Council meetings. new text end

new text begin Meetings of the council and other groups the council
may establish must be conducted according to chapter 13D. Except where prohibited by
law, the council shall establish additional processes to broaden public involvement in all
aspects of its deliberations.
new text end

Sec. 5.

new text begin [116V.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the State Board of Investment.
new text end

new text begin Subd. 3. new text end

new text begin Council. new text end

new text begin "Council" means the Council on Farmland and Natural Areas.
new text end

new text begin Subd. 4. new text end

new text begin Fund. new text end

new text begin "Fund" means the farmland and natural areas fund established
in section 116V.05.
new text end

Sec. 6.

new text begin [116V.05] FARMLAND AND NATURAL AREAS FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment of fund and investment. new text end

new text begin A farmland and natural
areas fund is established in the Minnesota Constitution, article XI, section 15. Its purpose
is to acquire, preserve, and protect farmland and natural areas as described in section
116V.25. All money earned by the fund must be credited to the fund. The principal of the
fund and any unexpended earnings must be invested and reinvested by the State Board
of Investment.
new text end

new text begin Subd. 2. new text end

new text begin Revenue. new text end

new text begin Nothing in this chapter limits the source of contributions to
the fund.
new text end

new text begin Subd. 3. new text end

new text begin Gifts and donations. new text end

new text begin Gifts and donations, including land or interests in
land, may be made to the fund. Noncash gifts and donations must be disposed of for cash
as soon as the board prudently can maximize the value of the gift or donation. Gifts and
donations of marketable securities may be held or disposed of for cash at the option of the
board. The cash receipts of gifts and donations of cash or capital assets and marketable
securities disposed of for cash must be credited immediately to the principal of the
fund. The value of marketable securities at the time the gift or donation is made must be
credited to the principal of the fund and any earnings from the marketable securities
are earnings of the fund.
new text end

new text begin Subd. 4. new text end

new text begin Audits required. new text end

new text begin The legislative auditor shall audit fund expenditures to
ensure that the money is spent for the purposes provided in the council's budget plan.
new text end

Sec. 7.

new text begin [116V.15] FARMLAND AND NATURAL AREAS COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Council. new text end

new text begin (a) A Farmland and Natural Areas Council of ten members
is created, consisting of:
new text end

new text begin (1) one member of the senate appointed by the president of the senate;
new text end

new text begin (2) one member of the house of representatives appointed by the speaker of the
house; and
new text end

new text begin (3) eight public members, one from each congressional district, appointed by the
governor.
new text end

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

new text begin (c) 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 (d) Public membership terms are four years, except that the terms for four of the
first members appointed are two years and members shall serve on the council until their
successors are appointed. Legislative membership terms are two years.
new text end

new text begin (e) Vacancies occurring on the council do not affect the authority of the remaining
members of the council to carry out their duties. Vacancies must be filled in the same
manner as under paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Duties of the council. new text end

new text begin (a) The council, in consultation with statewide and
local farmland, natural areas, environment, forestry, outdoor recreation, and wildlife
groups and local governments, shall develop a biennial budget plan for expenditures
from the farmland and natural areas fund.
new text end

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

new text begin Subd. 3. 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 functions and duties of the council.
Permanent employees are 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) The administrative expenses of the council must be paid from the fund.
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 a property 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 (d) Notwithstanding section 15.059, subdivision 5, the council does not expire.
new text end

new text begin Subd. 4. new text end

new text begin Council meetings. new text end

new text begin Meetings of the council and other groups the council
may establish must be conducted according to chapter 13D. Except where prohibited by
law, the council shall establish additional processes to broaden public involvement in all
aspects of its deliberations.
new text end

Sec. 8.

new text begin [116V.20] FUND EXPENDITURES.
new text end

new text begin Subdivision 1. new text end

new text begin Authorized expenditures. new text end

new text begin Money in the fund may be spent only:
new text end

new text begin (1) to acquire natural areas and to obtain permanent agricultural and conservation
easements from willing landowners;
new text end

new text begin (2) to pay costs of conveying lands to local units of government;
new text end

new text begin (3) for maintaining lands and easements retained by the state;
new text end

new text begin (4) for administrative and investment expenses incurred by the State Board of
Investment in investing deposits to the fund; and
new text end

new text begin (5) for administrative expenses.
new text end

new text begin Subd. 2. new text end

new text begin Strategic plan required. new text end

new text begin The council shall adopt a strategic plan for
making expenditures from the fund, including identifying the priority areas for funding
for the next ten years. The strategic plan must be updated every two years. The plan is
advisory only. The council shall submit the plan, as a recommendation, to the house of
representatives Ways and Means and senate Finance Committees by January 1 of each
odd-numbered year.
new text end

new text begin Subd. 3. new text end

new text begin Budget plan. new text end

new text begin (a) Funding may be provided only for those projects that
meet the categories established in subdivision 1.
new text end

new text begin (b) The council must adopt a budget plan to make expenditures from the fund for the
purposes provided in subdivision 1. The budget plan must be submitted to the governor
for inclusion in the biennial budget and supplemental budget submitted to the legislature.
new text end

new text begin (c) Money in the fund may not be spent except under an appropriation by law.
new text end

Sec. 9.

new text begin [116V.25] PROPERTY ACQUISITION.
new text end

new text begin (a) All property interests under this chapter must be acquired by the commissioner
of natural resources by fee title or easement and by purchase or donation. The council
shall make a recommendation to the legislature as to which lands should be retained and
maintained by the state and which lands should be conveyed to local units of government.
new text end

new text begin (b) Acquisitions must be divided equally between farmlands and natural areas.
new text end

new text begin (c) For their applications to be considered, owners of farmland or natural areas in the
state must apply to the council each year by a deadline to be determined by the council.
new text end

new text begin (d) Criteria for acquisition are as described in sections 116V.30 and 116V.35.
new text end

Sec. 10.

new text begin [116V.30] FARMLAND ELIGIBILITY CRITERIA.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The goal of farmland protection is to preserve high-quality
farmland within one-half mile of identified waterways and adjacent to natural areas. A
farmland project must meet eligibility criteria in this section to be considered by the
program.
new text end

new text begin Subd. 2. new text end

new text begin Locally zoned and planned for agriculture. new text end

new text begin The property must be
located in an area currently zoned for a maximum of one residential unit per 40 acres.
The agricultural use must also be consistent with town or city comprehensive land use
plan policies.
new text end

new text begin Subd. 3. new text end

new text begin Regionally planned for agriculture. new text end

new text begin The property must be located outside
the Metropolitan Council's 2040 municipal urban services area.
new text end

new text begin Subd. 4. new text end

new text begin Agricultural use of parcel. new text end

new text begin A majority of the property must be classified
as agricultural by the county assessor.
new text end

new text begin Subd. 5. new text end

new text begin Landowner commitment to farming. new text end

new text begin The property must be currently
enrolled in the metropolitan agricultural preserve program or the landowner must agree to
enrollment before selling an easement under this section.
new text end

new text begin Subd. 6. new text end

new text begin Quality of farmland. new text end

new text begin The quality of the farmland must be evaluated only
for those areas of the property that have a history of agricultural use. At least 75 percent of
the area with a history of agricultural use must be classified as category 1, 2, or 3 soils by
the Natural Resource Conservation Service soil survey.
new text end

new text begin Subd. 7. new text end

new text begin Minimum size. new text end

new text begin The property must contain at least 40 acres, or a
quarter-quarter section, with at least half of the property in active agricultural use. Smaller
properties may be considered if they are shown to contribute to a contiguous greenway or
farming area.
new text end

new text begin Subd. 8. new text end

new text begin Water quality benefits. new text end

new text begin Some portion of the property must be within
one-half mile from streams and rivers on the Department of Natural Resources protected
water inventory as identified on the farmland and natural area map. Preference must
be given to farms with natural areas that include the natural area acreage as part of the
property in the application. Farmland that is not located within one-half mile of any
identified streams and rivers is still eligible if the property is adjacent to already protected
land.
new text end

Sec. 11.

new text begin [116V.35] NATURAL AREA ELIGIBILITY CRITERIA.
new text end

new text begin Natural areas are lands with significant natural features or land with the potential
for restoration of significant natural characteristics and ecological functions. The natural
areas must:
new text end

new text begin (1) contain and protect features of ecological significance;
new text end

new text begin (2) improve or expand wildlife habitat;
new text end

new text begin (3) be adjacent to a stream, river, wetland, or lake; or
new text end

new text begin (4) provide additional environmental benefits such as protecting or improving
surface or ground water quality.
new text end

Sec. 12.

new text begin [116V.40] EXPIRATION.
new text end

new text begin Sections 116V.01 to 116V.35 expire June 30, 2032.
new text end

Sec. 13.

new text begin [129D.17] ARTS, HUMANITIES, MUSEUM, AND PUBLIC
BROADCASTING FUND; EXPENDITURES.
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new text begin Subdivision 1. new text end

new text begin Fund. new text end

new text begin The arts, humanities, museum, and public broadcasting fund
is established in the Minnesota Constitution, article XI, section 15. All money earned
by the fund must be credited to the fund.
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new text begin Subd. 2. new text end

new text begin Expenditures. new text end

new text begin (a) Subject to appropriation by law, receipts in the fund
must be allocated by the commissioner of finance as follows:
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new text begin (1) 43 percent to the Minnesota State Arts Board;
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new text begin (2) 23 percent to the Minnesota Historical Society;
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new text begin (3) 23 percent to public broadcasting;
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new text begin (4) four percent to the Science Museum of Minnesota;
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new text begin (5) 3.5 percent to the Humanities Commission;
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new text begin (6) 2.5 percent to the Minnesota Film Board; and
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new text begin (7) one percent to the Minnesota Children's Museum and the Duluth Children's
Museum.
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new text begin (b) Money allocated to the Minnesota State Arts Board may not be used for
administrative purposes. If one of the above entities ceases to exist, then the appropriated
money must be allocated proportionally among the remaining entities.
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Sec. 14.

new text begin [446A.087] PARKS AND TRAILS GRANTS.
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new text begin Subdivision 1. new text end

new text begin Account administration. new text end

new text begin The authority shall administer the parks
and trails account established under section 85.0195, subdivision 2, clause (2), and shall
make grants for acquisition, development, and maintenance of parks and trails according
to this section.
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new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin The following entities are eligible for a grant under this section:
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new text begin (1) counties;
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new text begin (2) cities;
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new text begin (3) public bodies organized to develop or maintain regional parks or trails, outdoor
recreation areas, or natural and scenic areas;
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new text begin (4) the Minnesota Zoological Garden;
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new text begin (5) the Como Park Zoo and Conservatory; and
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new text begin (6) the Duluth Zoo.
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new text begin Subd. 3. new text end

new text begin Application; award. new text end

new text begin (a) An application for a grant under this section
must be made to the authority in a form prescribed by the authority. The application
must include, but is not limited to:
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new text begin (1) the amount of the grant requested and the proposed use of the grant money; and
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new text begin (2) certification by the applicant that the grant shall be used for a purpose authorized
under section 85.0195.
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new text begin (b) The authority shall award grants on a first-come, first-served basis.
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Sec. 15. new text begin EFFECTIVE DATE.
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new text begin This article is effective July 1, 2007, if the constitutional amendment proposed in
article 3 is adopted by the voters.
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