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Minnesota Legislature

Office of the Revisor of Statutes

HF 577

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 04:24pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education finance; reallocating 40 percent of the money from the arts
and cultural heritage fund to public school art programs; requiring a report;
appropriating money; amending Minnesota Statutes 2018, section 129D.17;
proposing coding for new law in Minnesota Statutes, chapter 126C.

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

Section 1.

new text begin [126C.115] ARTS EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Arts programs. new text end

new text begin A public school's arts program may include, but is not
limited to, the arts programs defined in section 129D.01.
new text end

new text begin Subd. 2. new text end

new text begin Statewide aid. new text end

new text begin Beginning in fiscal year 2020, the annual statewide arts aid for
public school programs equals 40 percent of the total money deposited for that year into
the arts and cultural heritage fund established under section 129D.17.
new text end

new text begin Subd. 3. new text end

new text begin School aid. new text end

new text begin For fiscal year 2020 and later, a public school site's annual arts aid
equals the ratio of the site's fall enrollment for the previous year to the statewide fall
enrollment for the previous year times the statewide arts aid amount for that year calculated
under subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Aid payment. new text end

new text begin The commissioner shall apportion the statewide school arts aid
to each public school site's fiscal agent semiannually on November 15 and May 15 of each
fiscal year. The fiscal agent must allocate the school arts aid to each school site where the
children who have generated the aid are served.
new text end

new text begin Subd. 5. new text end

new text begin Uses of arts revenue. new text end

new text begin The state arts aid received under this section by a school
site must be reserved and used only for an arts program at that school site or to contract
with local artists or arts organizations to provide services, education, and materials for arts
education for Minnesota's school children.
new text end

new text begin Subd. 6. new text end

new text begin No supplantation. new text end

new text begin The money received by a school site under this section must
be used to expand arts offerings for students and must not be used to supplant funding for
existing public school arts programs.
new text end

new text begin Subd. 7. new text end

new text begin Site, school district, and charter school reports. new text end

new text begin By October 30 of each year,
each school district or charter school with a site that receives arts funding under this section
must report to the commissioner of education in the form and manner specified by the
commissioner. The report must show the arts program spending for the previous school
year by school site and describe the programmatic activities funded under this section. Each
school district and charter school must prominently place the report on its website in
accordance with section 129D.17, subdivision 2, paragraph (g).
new text end

new text begin Subd. 8. new text end

new text begin Department of Education annual report. new text end

new text begin By January 15 of each year, the
Department of Education must report to the legislature on school district arts activities,
summarizing the data reported by school districts and charter school, to the commissioner
of education.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2020 and later.
new text end

Sec. 2.

Minnesota Statutes 2018, section 129D.17, is amended to read:


129D.17 ARTS AND CULTURAL HERITAGE FUND.

Subdivision 1.

Establishment.

new text begin(a) new text endThe arts and cultural heritage fund is established in
the Minnesota Constitution, article XI, section 15. All money earned by the fund must be
credited to the fund.

new text begin (b) Beginning in fiscal year 2020, 40 percent of the money deposited into this fund is
annually appropriated from the arts and cultural heritage fund to the Department of Education
for arts education payments under section 126C.115.
new text end

new text begin (c) The remaining 60 percent of the money deposited in the fund must be used according
to subdivisions 2 to 5.
new text end

Subd. 2.

Expenditures; accountability.

(a) Funding from the arts and cultural heritage
fund may be spent only for arts, arts education, and arts access, and to preserve Minnesota's
history and cultural heritage. A project or program receiving funding from the arts and
cultural heritage fund must include measurable outcomes, and a plan for measuring and
evaluating the results. A project or program must be consistent with current scholarship, or
best practices, when appropriate and must incorporate state-of-the-art technology when
appropriate.

(b) Funding from the arts and cultural heritage fund new text beginunder subdivision 1, paragraph (c),
new text end may be granted for an entire project or for part of a project so long as the recipient provides
a description and cost for the entire project and can demonstrate that it has adequate resources
to ensure that the entire project will be completed.

(c) Money from the arts and cultural heritage fund new text beginunder subdivision 1, paragraph (c),
new text end shall be expended for benefits across all regions and residents of the state.

(d) A state agency or other recipient of a direct appropriation from the arts and cultural
heritage fund must compile and submit all information for funded projects or programs,
including the proposed measurable outcomes and all other items required under section
3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable
or by January 15 of the applicable fiscal year, whichever comes first. new text beginThe Department of
Education must file its report of school site activities with the Legislative Coordinating
Commission by January 15 of each year.
new text endThe Legislative Coordinating Commission must
post submitted information on the website required under section 3.303, subdivision 10, as
soon as it becomes available.

(e) Grants funded by the arts and cultural heritage fund new text beginaccording to subdivision 1,
paragraph (c),
new text endmust be implemented according to section 16B.98 and must account for all
expenditures of funds. Priority for grant proposals must be given to proposals involving
grants that will be competitively awarded.

(f) All money from the arts and cultural heritage fund must be for projects located in
Minnesota.

(g) When practicable, a direct recipient of an appropriation from the arts and cultural
heritage fund deleted text beginshalldeleted text endnew text begin according to subdivision 1, paragraph (c), mustnew text end prominently display on
the recipient's website home page the legacy logo required under Laws 2009, chapter 172,
article 5, section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied
by the phrase "Click here for more information." deleted text beginWhen a person clicks ondeleted text end The legacy logo
deleted text begin image, the websitedeleted text end must deleted text begindirect the persondeleted text endnew text begin hyperlinknew text end to a web page that includes both deleted text beginthedeleted text end
contact information deleted text beginthat a person may usedeleted text end to obtain additional informationdeleted text begin, as well asdeleted text endnew text begin andnew text end
a link to the Legislative Coordinating Commission website required under section 3.303,
subdivision 10
.

(h) Future eligibility for money from the arts and cultural heritage fund is contingent
upon a state agency or other recipient satisfying all applicable requirements in this section,
as well as any additional requirements contained in applicable session law. If the Office of
the Legislative Auditor, in the course of an audit or investigation, publicly reports that a
recipient of money from the arts and cultural heritage fund has not complied with the laws,
rules, or regulations in this section or other laws applicable to the recipient, the recipient
must be listed in an annual report to the legislative committees with jurisdiction over the
legacy funds. The list must be publicly available. The legislative auditor shall remove a
recipient from the list upon determination that the recipient is in compliance. A recipient
on the list is not eligible for future funding from the arts and cultural heritage fund until the
recipient demonstrates compliance to the legislative auditor.

(i) Any state agency or organization requesting a direct appropriation from the arts and
cultural heritage fund new text beginaccording to subdivision 1, paragraph (c), new text endmust inform the house of
representatives and senate committees having jurisdiction over the arts and cultural heritage
fund, at the time the request for funding is made, whether the request is supplanting or is a
substitution for any previous funding that was not from a legacy fund and was used for the
same purpose.

Subd. 3.

Special review.

For a project receiving an appropriation or appropriations from
the arts and cultural heritage fund totaling $10,000,000 or more in a biennium, the attorney
general must review and approve all contracts and real estate transactions and must exercise
due diligence in the best interests of the state.

Subd. 4.

Minnesota State Arts Board allocation.

At least 47 percent of the total
appropriations from the arts and cultural heritage fund new text beginunder subdivision 1, paragraph (c),
new text end in a fiscal biennium must be for grants and services awarded through the Minnesota State
Arts Board, or regional arts councils subject to appropriation.

Subd. 5.

Reserve requirement.

In any fiscal year, at least five percent of that year's
projected tax receipts determined by the most recent forecast for the arts and cultural heritage
fund must not be appropriated.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end