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Minnesota Legislature

Office of the Revisor of Statutes

HF 1652

as introduced - 87th Legislature (2011 - 2012) Posted on 05/03/2011 10:21am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to arts, history, and cultural heritage; appropriating money from the
arts and cultural heritage fund; amending Minnesota Statutes 2010, sections
3.303, subdivision 10; 85.53, subdivision 2; 97A.056, by adding a subdivision;
114D.50, subdivision 4; 129D.17, subdivision 2; 129D.18, subdivisions 3, 4;
129D.19, subdivision 5; Laws 2009, chapter 172, article 4, section 9, subdivision
5; proposing coding for new law in Minnesota Statutes, chapters 15B; 16B; 138.

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

ARTICLE 1

ARTS AND CULTURAL HERITAGE FUND

Section 1. new text beginARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
entities and for the purposes specified in this article. The appropriations are from the arts
and cultural heritage fund, and are available for the fiscal years indicated for allowable
activities under the Minnesota Constitution, article XI, section 15. "The first year" is fiscal
year 2012. "The second year" is fiscal year 2013. "The biennium" is fiscal years 2012
and 2013. All appropriations in this article are onetime.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2012
new text end
new text begin 2013
new text end

Sec. 2. new text beginARTS AND CULTURAL HERITAGE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 51,135,000
new text end
new text begin $
new text end
new text begin 50,129,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Availability of Appropriation
new text end

new text begin Money appropriated in this article may
not be spent on activities unless they are
directly related to and necessary for a specific
appropriation. Money appropriated in this
article must not be spent on indirect costs
or other institutional overhead charges that
are not directly related to and necessary for
a specific appropriation. Notwithstanding
Minnesota Statutes, section 16A.28, and
unless otherwise specified in this article,
fiscal year 2012 appropriations are available
until June 30, 2013, and fiscal year 2013
appropriations are available until June 30,
2014. If a project receives federal funds, the
time period of the appropriation is extended
to equal the availability of federal funding.
new text end

new text begin Subd. 3. new text end

new text begin Minnesota State Arts Board
new text end

new text begin 21,824,000
new text end
new text begin 21,824,000
new text end

new text begin These amounts are appropriated to the
Minnesota State Arts Board for arts, arts
education, and arts access. Grant agreements
entered into by the Minnesota State Arts
Board and other recipients of appropriations
in this subdivision shall ensure that
these funds are used to supplement and
not substitute for traditional sources of
funding. Appropriations made directly
to the Minnesota State Arts Board shall
supplement, and shall not substitute for,
traditional sources of funding. Each grant
program established within this appropriation
shall be separately administered from other
state appropriations for program planning
and outcome measurements, but may take
into consideration other state resources
awarded in the selection of applicants and
grant award size.
new text end

new text begin Arts and Arts Access Initiatives.
new text end
new text begin $16,660,000 the first year and $16,660,000
the second year are to support Minnesota
artists and arts organizations in creating,
producing, and presenting high-quality arts
activities; to overcome barriers to accessing
high-quality arts activities; and to instill the
arts into the community and public life in
this state.
new text end

new text begin A portion of these funds may be used to:
new text end

new text begin (1) pay attendance fees and travel costs
for youth to visit art museums, arts
performances, or other arts activities; or
new text end

new text begin (2) bring artists to schools, libraries, or other
community centers or organizations for
teaching, training, or performance purposes.
new text end

new text begin Arts Education. new text end new text begin $3,450,000 the first year
and $3,450,000 the second year are for
high-quality, age-appropriate arts education
for Minnesotans of all ages to develop
knowledge, skills, and understanding of the
arts.
new text end

new text begin A portion of this appropriation may be used
for grants to school districts to provide
materials or resources to teachers, students,
and parents to promote achievement of K-12
academic standards in the arts.
new text end

new text begin Arts and Cultural Heritage. new text end new text begin $1,080,000
the first year and $1,080,000 the second year
are for events and activities that represent the
diverse cultural arts traditions, including folk
and traditional artists and art organizations,
represented in this state.
new text end

new text begin new text begin Administration, Fiscal Oversight, and
Accountability.
new text end
$634,000 the first year
and $634,000 the second year are for
administration of grant programs, delivering
technical services, providing fiscal oversight
for the statewide system, and ensuring
accountability for these state resources.
new text end

new text begin Census. new text end new text begin The Minnesota State Arts Board, in
partnership with regional arts councils, shall
maintain a census of Minnesota artists and
artistic organizations.
new text end

new text begin Thirty percent of the total appropriated to
each of the categories established in this
subdivision is for grants to the regional arts
councils. This percentage does not apply to
administrative costs.
new text end

new text begin Subd. 4. new text end

new text begin Department of Education
new text end

new text begin 3,455,000
new text end
new text begin 3,455,000
new text end

new text begin These amounts are appropriated to the
commissioner of education for grants
allocated using existing formulas under
Minnesota Statutes, section 134.355, to the
12 Minnesota regional library systems, to
provide educational opportunities in the arts,
history, literary arts, and cultural heritage
of Minnesota. These funds may be used
to sponsor programs provided by regional
libraries or to provide grants to local arts and
cultural heritage programs for programs in
partnership with regional libraries.
new text end

new text begin Subd. 5. new text end

new text begin Minnesota Historical Society
new text end

new text begin 12,250,000
new text end
new text begin 12,250,000
new text end

new text begin These amounts are appropriated to the
governing board of the Minnesota Historical
Society to preserve and enhance access to
Minnesota's history and its cultural and
historical resources. Grant agreements
entered into by the Minnesota Historical
Society and other recipients of appropriations
in this subdivision shall ensure that
these funds are used to supplement and
not substitute for traditional sources of
funding. Funds directly appropriated to the
Minnesota Historical Society shall be used to
supplement, and not substitute for, traditional
sources of funding. Notwithstanding
Minnesota Statutes, section 16A.28, for
historic preservation projects that improve
historic structures, the amounts are available
until June 30, 2015.
new text end

new text begin Statewide Historic and Cultural Grants.
$5,250,000 the first year and $5,250,000
the second year are for history programs
and projects operated or conducted by or
through local, county, regional, or other
historical or cultural organizations; or for
activities to preserve significant historic
and cultural resources. Funds are to be
distributed through a competitive grants
process. The Minnesota Historical Society
shall administer these funds using established
grants mechanisms, with assistance from
the advisory committee created under Laws
2009, chapter 172, article 4, section 2,
subdivision 4, paragraph (b), item (ii).
new text end

new text begin Programs. $5,000,000 the first year and
$5,000,000 the second year are for programs
and purposes related to the historical and
cultural heritage of the state of Minnesota,
conducted by the Minnesota Historical
Society.
new text end

new text begin History Partnerships. $1,500,000 the
first year and $1,500,000 the second year
are for partnerships involving multiple
organizations, which may include the
Minnesota Historical Society, to preserve and
enhance access to Minnesota's history and
cultural heritage in all regions of the state.
new text end

new text begin Statewide Survey of Historical and
Archaeological Sites.
$250,000 the first
year and $250,000 the second year are
for a contract or contracts to be let on a
competitive basis to conduct statewide
surveys of Minnesota's sites of historical,
archaeological, and cultural significance.
Results of this survey must be published in
a searchable form, available to the public on
a cost-free basis. The Minnesota Historical
Society, the Office of the State Archaeologist,
and the Indian Affairs Council shall each
appoint a representative to an oversight
board to select contractors and direct the
conduct of these surveys. The oversight
board shall consult with the Departments of
Transportation and Natural Resources.
new text end

new text begin Digital Library. $250,000 the first year and
$250,000 the second year are for a digital
library project to preserve, digitize, and share
Minnesota images, documents, and historical
materials. The Minnesota Historical Society
shall cooperate with the Minitex interlibrary
loan system and shall jointly share this
appropriation for these purposes.
new text end

new text begin Subd. 6. new text end

new text begin Department of Administration
new text end

new text begin 7,400,000
new text end
new text begin 6,400,000
new text end

new text begin These amounts are appropriated to the
commissioner of administration for grants
to the named organizations for the purposes
specified in this subdivision. Up to one
percent of funds may be used by the
commissioner for grants administration.
new text end

new text begin Grant agreements entered into by
the commissioner and recipients of
appropriations in this subdivision must
ensure that money appropriated in this
subdivision is used to supplement and not
substitute for traditional sources of funding.
new text end

new text begin new text begin Public Broadcasting Grants. new text end$6,400,000
the first year and $6,400,000 the second
year are for a competitive Arts and
Cultural Heritage Grants Program-Public
Broadcasting.
new text end

new text begin Veterans Camps. $450,000 the first year
is for grants of $400,000 to the Disabled
Veterans Rest Camp located on Big Marine
Lake in Washington County and $50,000 to
the Veterans on the Lake Resort located on
Fall Lake in St. Louis County.
new text end

new text begin State Capitol Preservation Commission.
$550,000 the first year is for the purposes of
Minnesota Statutes, section 16B.2405. This
appropriation is available until spent.
new text end

new text begin Subd. 7. new text end

new text begin Department of Natural Resources
new text end

new text begin 1,100,000
new text end
new text begin 1,100,000
new text end

new text begin These amounts are appropriated to the
commissioner of natural resources for a
competitive Arts and Cultural Heritage
Grants Program-Zoos.
new text end

new text begin Subd. 8. new text end

new text begin Minnesota Humanities Center
new text end

new text begin 3,700,000
new text end
new text begin 3,700,000
new text end

new text begin These amounts are appropriated to the board
of directors of the Minnesota Humanities
Center for the purposes specified in this
subdivision.
new text end

new text begin new text begin Programs and Purposes. new text end$325,000 the first
year and $325,000 the second year are for
programs and purposes of the Minnesota
Humanities Center.
new text end

new text begin The Minnesota Humanities Center may
consider museums and organizations
celebrating the identities of Minnesotans for
grants from these funds. The Minnesota
Humanities Center may develop a written
plan for the competitive issuance of these
grants and, if developed, shall submit
that plan for review and approval by the
Department of Administration.
new text end

new text begin new text begin Humanities Grants.new text end $3,375,000 the first
year and $3,375,000 the second year are for
a competitive Arts and Cultural Heritage
Grants Program-Humanities.
new text end

new text begin Subd. 9. new text end

new text begin Perpich Center For Arts Education
new text end

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

new text begin These amounts are appropriated to the board
of directors of the Perpich Center for Arts
Education for arts, arts education, and arts
access and to preserve Minnesota's history
and cultural heritage.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2013, as grants or contracts
in this subdivision are available until June
30, 2015.
new text end

new text begin Subd. 10. new text end

new text begin Department of Agriculture
new text end

new text begin 1,400,000
new text end
new text begin 1,400,000
new text end

new text begin These amounts are appropriated to
the commissioner of agriculture for a
competitive Arts and Cultural Heritage
Grants Program-County Arts, Education,
History, and Cultural Preservation.
new text end

new text begin Subd. 11. new text end

new text begin Legislature
new text end

new text begin 6,000
new text end
new text begin 0
new text end

new text begin These amounts are appropriated to the
Legislative Coordinating Commission to
operate the Web site for dedicated funds
required under Minnesota Statutes, section
3.303, subdivision 10.
new text end

Sec. 3.

new text begin [15B.32] STATE CAPITOL PRESERVATION COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the terms defined in this
subdivision have the following meanings.
new text end

new text begin (b) "Commission" means the State Capitol Preservation Commission created under
this section.
new text end

new text begin (c) "Capitol Area" means the geographic area defined in section 15B.02.
new text end

new text begin (d) "Board" means the Capitol Area Architectural and Planning Board created under
section 15B.03.
new text end

new text begin (e) "Predesign" has the meaning given in section 16B.335, subdivision 3, paragraph
(a).
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The State Capitol Preservation Commission consists of 22
members, appointed as follows:
new text end

new text begin (1) the governor;
new text end

new text begin (2) the lieutenant governor;
new text end

new text begin (3) the attorney general;
new text end

new text begin (4) the chief justice of the Supreme Court, or the chief justice's designee, who shall
be a member of the Supreme Court;
new text end

new text begin (5) the majority leader of the senate or the majority leader's designee, who shall be
a member of the senate;
new text end

new text begin (6) the speaker of the house or the speaker's designee, who shall be a member of the
house of representatives;
new text end

new text begin (7) two members of the senate, including one member from the majority party
appointed by the majority leader and one member from the minority party appointed by
the minority leader;
new text end

new text begin (8) two members of the house of representatives, including one member appointed
by the speaker of the house and one member from the minority party appointed by the
minority leader;
new text end

new text begin (9) the chair and ranking minority member of the house of representatives committee
with jurisdiction over capital investment and the chair and ranking minority member of
the senate committee with jurisdiction over capital investment;
new text end

new text begin (10) the commissioner of administration or the commissioner's designee;
new text end

new text begin (11) the commissioner of public safety or the commissioner's designee;
new text end

new text begin (12) the executive director of the Minnesota Historical Society or the executive
director's designee;
new text end

new text begin (13) the executive secretary of the Capitol Area Architectural and Planning Board;
and
new text end

new text begin (14) four public members appointed by the governor.
new text end

new text begin Subd. 3. new text end

new text begin Terms and compensation. new text end

new text begin (a) A member serving on the commission
because the member or the appointing authority for the member holds an elected or
appointed office shall serve on the commission as long as the member or the appointing
authority holds the office.
new text end

new text begin (b) Public members of the commission shall serve two-year terms. The public
members may not serve for more than three consecutive terms.
new text end

new text begin (c) The removal of members and filling of vacancies on the commission are as
provided in section 15.059. Public members may receive compensation and expenses as
provided under section 15.059, subdivision 3.
new text end

new text begin Subd. 4. new text end

new text begin Officers and meetings. new text end

new text begin (a) The governor is the chair of the commission.
The lieutenant governor is the vice-chair of the commission and may act as the chair
of the commission in the absence of the governor. The governor may designate a staff
member to attend commission meetings and vote on the governor's behalf in the absence
of the governor.
new text end

new text begin (b) The commission shall meet at least quarterly and at other times at the call of the
chair. Meetings of the commission are subject to chapter 13D.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commission may designate an executive
secretary and obtain administrative support through a contract with a state agency or
other means.
new text end

new text begin Subd. 6. new text end

new text begin Duties. new text end

new text begin (a) The commission:
new text end

new text begin (1) shall exercise ongoing coordination of the restoration and preservation of the
Capitol building;
new text end

new text begin (2) shall consult with and advise the commissioner of administration, the board, and
the Minnesota Historical Society regarding their applicable statutory responsibilities
for and in the Capitol building;
new text end

new text begin (3) may assist in the selection of an architectural firm to assist in the preparation of
the predesign plan for the restoration of the Capitol building;
new text end

new text begin (4) shall develop a comprehensive, multiyear, predesign plan for the restoration
of the Capitol building, review the plan periodically, and, as appropriate, amend and
modify the plan. The predesign plan shall identify appropriate and required functions of
the Capitol building; identify and address space requirements for legislative, executive,
and judicial branch functions; and identify and address the long-term maintenance and
preservation requirements of the Capitol building. In developing the predesign plan,
the commission shall take into account the comprehensive plan for the Minnesota State
Capitol Area, as amended in 2010, the rules governing zoning and design for the Capitol
Area, parking, mass transit, citizen access, the tunnel system, information technology
needs, energy efficiency, security, educational programs, including public and school
tours, and any additional space needs for the efficient operation of state government;
new text end

new text begin (5) shall develop and implement a comprehensive financial plan to fund the
preservation and restoration of the Capitol building;
new text end

new text begin (6) shall provide annual reports about the condition of the Capitol building and its
needs, as well as all activities related to the restoration of the Capitol building; and
new text end

new text begin (7) may solicit gifts, grants, or donations of any kind from any private or public
source to carry out the purposes of this section. All gifts, grants, or donations received by
the commission shall be deposited in a State Capitol preservation account established in
the special revenue fund. Money in the account is appropriated to the commissioner of
administration for the activities of the commission and implementation of the predesign
plan under this section.
new text end

new text begin (b) By January 15 of each year, the commission shall report to the chairs and ranking
minority members of the legislative committees with jurisdiction over the commission
regarding the activities and efforts of the commission in the preceding calendar year,
including recommendations adopted by the commission, the comprehensive financial plan
required under paragraph (a), clause (5), and any proposed draft legislation necessary to
implement the recommendations of the commission.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, subdivision 5, the State
Capitol Preservation Commission does not expire.
new text end

Sec. 4.

new text begin [15B.34] CAPITOL BUILDING POWERS AND DUTIES.
new text end

new text begin The board shall:
new text end

new text begin (1) jointly, with the commissioner of administration and the Minnesota Historical
Society, establish standards and policies for the repair, furnishing, appearance, and
cleanliness of and change to the public and ceremonial areas of the Capitol building;
new text end

new text begin (2) review and approve plans and specifications and any changes to approved plans
and specifications involving the alteration of the public and ceremonial areas and the
exterior of the Capitol building;
new text end

new text begin (3) jointly, with the Minnesota Historical Society, review and approve the design,
structural composition, and location of all monuments, memorials, or works of art
presently located in the public and ceremonial areas of the State Capitol, or which shall be
placed in the public or ceremonial areas, according to section 138.68; and
new text end

new text begin (4) assist the State Capitol Preservation Commission with performance of its duties
as needed.
new text end

Sec. 5.

new text begin [16B.2405] CAPITOL BUILDING POWERS AND DUTIES.
new text end

new text begin The commissioner, upon receipt of funding for these purposes, shall:
new text end

new text begin (1) maintain and operate the Capitol building and grounds according to section
16B.24 and other applicable law;
new text end

new text begin (2) designate a project manager to oversee and manage predesign, design, and
construction contracts and funding for all modifications to the Capitol building;
new text end

new text begin (3) manage design and construction projects and funding for the Capitol building
according to section 16B.31 and other applicable law;
new text end

new text begin (4) lease space in the Capitol building, as provided in section 16B.24, to state
agencies, constitutional officers, and the court administrator on behalf of the judicial
branch and allocate space in the Capitol building to the legislative branch as determined
by the commission;
new text end

new text begin (5) provide information about the Capitol building to the commission, legislative
bodies, and others as needed regarding maintenance, operation, leasing, condition
assessments, design, and construction projects; and
new text end

new text begin (6) assist the State Capitol Preservation Commission with performance of its duties
as needed.
new text end

Sec. 6.

Minnesota Statutes 2010, section 129D.18, subdivision 3, is amended to read:


Subd. 3.

Conditions.

(a) A public station receiving funds appropriated under this
section must:

(1) make programs produced with these funds available for broadcast to all other
public stations eligible to receive grants under this section;

(2) offer free deleted text beginpublic performance rights fordeleted text end new text beginclassroom use of programs produced
with these funds to
new text endpublic educational institutionsnew text begin, excluding those materials for which
public television stations do not have rights to distribute
new text end;

(3) archive programs produced with these funds and make the programs available
for future use through encore broadcast or other distribution, including online; and

(4) ensure that underwriting credit is given to the Minnesota arts and cultural
heritage fund.

(b) Programs produced in partnership with other mission-centered nonprofit
organizations may be used by the partnering organization for their own educational or
promotional purposes.

Sec. 7.

Minnesota Statutes 2010, section 129D.18, subdivision 4, is amended to read:


Subd. 4.

Reporting.

A public station receiving funds appropriated under this section
must report annually by January 15 to the commissionernew text begin, the Legislative Coordinating
Commission,
new text end and the chairs and ranking minority members of the senate and house
of representatives committees and divisions having jurisdiction over arts and cultural
heritage policy and finance regarding how the previous year's grant funds were expended.
deleted text begin Thisdeleted text end new text beginIn addition to all information required of each recipient of money from the arts and
cultural heritage fund under section 3.303, subdivision 10, the
new text endreport must contain specific
information for each program produced and broadcast, including the cost of production,
the number of stations broadcasting the program, estimated viewership, the number of
new text begin hours of legacy program content available for streaming on new text endWeb deleted text beginsite downloadsdeleted text endnew text begin sitesnew text end,
and other related measures. If the programs produced include educational material, the
public station must report on these efforts.

Sec. 8.

Minnesota Statutes 2010, section 129D.19, subdivision 5, is amended to read:


Subd. 5.

Reporting.

A noncommercial radio station receiving funds appropriated
under this section must report annually by January 15 to the commissionernew text begin, the Legislative
Coordinating Commission,
new text end and the chairs and ranking minority members of the senate
and house of representatives committees and divisions having jurisdiction over arts and
cultural heritage policy and finance regarding how the previous year's grant funds were
expended. deleted text beginThisdeleted text end new text beginIn addition to all information required of each recipient of money from
the arts and cultural heritage fund under section 3.303, subdivision 10, the
new text endreport must
contain specific information for each program produced and broadcast, including the
cost of production, the number of stations broadcasting the program, estimated number
of listeners, and other related measures. If the programs produced include educational
material, the noncommercial radio station must report on these efforts.

Sec. 9.

new text begin [138.70] CAPITOL BUILDING POWERS AND DUTIES.
new text end

new text begin The Minnesota Historical Society shall:
new text end

new text begin (1) assist and advise in research and preservation of historical features of the Capitol
building, appropriate custodial policies, and maintaining and repairing works of art
according to section 138.69;
new text end

new text begin (2) jointly, with the Capitol Area Architectural and Planning Board, review and
approve the design, structural composition, and location of all monuments, memorials, or
works of art presently located in the public and ceremonial areas of the Capitol building,
or proposed for placement in the public or ceremonial areas, according to section 138.68;
new text end

new text begin (3) assist with planning and design of restoration and renovations of the Capitol
building, in order to provide public access and education through public interpretive
programs, according to the society's statutory responsibilities under section 138.69; and
new text end

new text begin (4) assist the State Capitol Preservation Commission with performance of its duties
as needed.
new text end

Sec. 10.

Laws 2009, chapter 172, article 4, section 9, subdivision 5, is amended to read:


Subd. 5.

Report.

The working group must report its findings and recommendations,
including draft legislation, if necessary, to the Indian Affairs Council and the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction
over early childhood through grade 12 education deleted text beginanddeleted text endnew text begin,new text end higher educationnew text begin, and arts and
cultural heritage policy or finance
new text end by February 15, 2011new text begin, and again by February 15, 2012new text end.
The deleted text begincommitteedeleted text endnew text begin working groupnew text end expires on February 16, deleted text begin2011deleted text endnew text begin 2013new text end.

Sec. 11. new text beginSTATE CAPITOL PRESERVATION COMMISSION APPOINTMENTS
AND FIRST MEETING.
new text end

new text begin The appointing authorities designated in Minnesota Statutes, section 15B.32,
subdivision 2, must complete their initial appointments to the commission no later than
August 1, 2011. The governor, or the governor's designee, shall convene the first meeting
of the commission within 30 days after the appointments required under this section
have been completed.
new text end

ARTICLE 2

GENERAL PROVISIONS; ALL LEGACY FUNDS

Section 1.

Minnesota Statutes 2010, section 3.303, subdivision 10, is amended to read:


Subd. 10.

Constitutionally dedicated funding accountability.

(a) The Legislative
Coordinating Commission shall develop and maintain a user-friendly, public-oriented
Web site that informs, educates, and demonstrates to the public how the constitutionally
dedicated funds in the arts and cultural heritage fund, outdoor heritage fund, clean water
fund, parks and trails fund, and environment and natural resources trust fund are being
expended to meet the requirements established for each fund in the state constitution.
Information provided on the Web site must include, but is not limited to:

(1) information on all project proposals received by the Outdoor Heritage Council
and the Legislative-Citizen Commission on Minnesota Resources;

(2) information on all projects receiving funding, includingnew text begin:new text end

new text begin (i) the name of the project and a project description;
new text end

new text begin (ii) the name, telephone number, members of the board or equivalent governing
body, and e-mail address of the funding recipient and, when applicable, the Web site
address where the public can directly access detailed information on the recipient's receipt
and use of money for the project;
new text end

new text begin (iii) the amount and source of funding, including the fiscal year of the appropriation;
new text end

new text begin (iv) the amount and source of any additional funding or leverage;
new text end

new text begin (v) the duration of the project;
new text end

new text begin (vi) the number of full-time equivalents funded under the project. For the purposes
of this item, "full-time equivalent" means a position directly attributed to the receipt of
money from one or more of the funds covered under this section, calculated as the total
number of hours planned for the position divided by 2,088;
new text end

new text begin (vii) the direct expenses and administration costs of the project;
new text end

new text begin (viii) new text endproposed measurable outcomes and the plan for measuring and evaluating
the results;

new text begin (ix) for pass-through, noncompetitive grants, the entity acting as the fiscal agent or
administering agency and a point of contact for additional information; and
new text end

new text begin (x) for competitive grants, the name and a brief description of the qualifications of
all board members or members of an equivalent governing body ultimately responsible
for awarding the grants, as well as any grantmaking advisory group. In addition, an
entity that awards competitive grants, including but not limited to a state agency or any
statewide, regional, or local organization, must report whether an employee, decision
maker, advisory group member, or other person involved in the grant process disclosed
a conflict of interest or potential conflict of interest. If the entity reports that a conflict
of interest or potential conflict of interest was disclosed, the entity must provide the
Legislative Coordinating Commission with a contact person for additional information and
the Legislative Coordinating Commission must post this information on the Web site. An
entity that awards competitive grants must obtain and apply the conflict of interest policies
developed by the commissioner of administration under section 16B.98, subdivision 3,
unless the entity maintains and applies its own documented conflict of interest policies
which are substantially similar to the commissioner of administration's policies;
new text end

(3) new text beginactual new text endmeasured outcomes and evaluation of projects as required under sections
85.53, subdivision 2; 114D.50, subdivision deleted text begin2deleted text endnew text begin 4new text end; and 129D.17, subdivision 2;

(4) education about the areas and issues the projects address, including, when
feasible, maps of where projects have been undertaken;

(5) all frameworks developed for future uses of each fund; and

(6) methods by which members of the public may apply for project funds under
any of the constitutionally dedicated funds.

(b) new text beginAs soon as practicable or by the deadline specified in the enabling law,
whichever comes first, a state agency or other recipient of a direct appropriation from a
fund covered under this section shall submit the information required under paragraph (a)
and, when applicable, compile and submit the same information for any grant recipient
or other subrecipient of funding.
new text endAll information for proposed and funded projects,
including the proposed measurable outcomes, must be made available on the Web site
as soon as practicable. Information on the measured outcomes and evaluation must be
posted as soon as it becomes available. The costs of these activities shall be paid out of
the arts and cultural heritage fund, outdoor heritage fund, clean water fund, parks and
trails fund, and the environment and natural resources trust fund proportionately. For
purposes of this section, "measurable outcomes" means outcomes, indicators, or other
performance measures that may be quantified or otherwise measured in order to measure
the effectiveness of a project or program in meeting its intended goal or purpose.

(c) The Legislative Coordinating Commission shall be responsible for receiving all
ten-year plans and 25-year frameworks for each of the constitutionally dedicated funds. To
the extent practicable, staff for the commission shall provide assistance and oversight to
these planning efforts and shall coordinate public access to hearings and public meetings
for all planning efforts.

Sec. 2.

Minnesota Statutes 2010, section 85.53, subdivision 2, is amended to read:


Subd. 2.

Expenditures; accountability.

(a) A project or program receiving funding
from the parks and trails fund must meet or exceed the constitutional requirement to
support parks and trails of regional or statewide significance. A project or program
receiving funding from the parks and trails fund must include measurable outcomes, as
defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the
results. A project or program must be consistent with current science and incorporate
state-of-the-art technology, except when the project or program is a portrayal or restoration
of historical significance.

(b) Money from the parks and trails fund shall be expended to balance the benefits
across all regions and residents of the state.

(c) deleted text beginAlldeleted text endnew text begin A state agency or other recipient of a direct appropriation from the parks and
trails fund must compile and submit all
new text end information for funded projectsnew text begin or programsnew text end,
including the proposed measurable outcomesnew text begin and all other items required under section
3.303, subdivision 10
new text end, deleted text beginmust be made available ondeleted text endnew text begin tonew text end the new text beginLegislative Coordinating
Commission as soon as practicable or by the deadline specified in the enabling law,
whichever comes first. The Legislative Coordinating Commission must post submitted
information on the
new text endWeb site required under section 3.303, subdivision 10, deleted text beginas soon as
practicable. Information on the measured outcomes and evaluation must be posted
deleted text end as soon
as it becomes available.

(d) Grants funded by the parks and trails fund must be implemented according to
section 16B.98 and must account for all expenditures. Proposals must specify a process
for any regranting envisioned. Priority for grant proposals must be given to proposals
involving grants that will be competitively awarded.

(e) Money from the parks and trails fund may only be spent on projects located
in Minnesota.

new text begin (f) A state agency or other recipient of money from the parks and trails fund shall
prominently display on the state agency's or other recipient's Web site home page, when
applicable, 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." When a person clicks on the legacy logo image,
the Web site must direct the person to a dedicated legacy page on the state agency's or
other recipient's Web site. The dedicated legacy page must prominently display both the
contact information for the state agency or other recipient that a person may use to obtain
additional information, as well as a link to the Legislative Coordinating Commission Web
site required under section 3.303, subdivision 10.
new text end

new text begin (g) Future eligibility for money from the parks and trails 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.
new text end

Sec. 3.

Minnesota Statutes 2010, section 97A.056, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Recipient requirements. new text end

new text begin (a) A state agency or other recipient of a direct
appropriation from the outdoor 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 the deadline specified in the enabling law,
whichever comes first. The Legislative Coordinating Commission must post submitted
information on the Web site required under section 3.303, subdivision 10, as soon as it
becomes available.
new text end

new text begin (b) A state agency or other recipient of money from the outdoor heritage fund shall
prominently display on the state agency's or other recipient's Web site home page, when
applicable, 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." When a person clicks on the legacy logo image,
the Web site must direct the person to a dedicated legacy page on the state agency's or
other recipient's Web site. The dedicated legacy page must prominently display both the
contact information for the state agency or other recipient that a person may use to obtain
additional information, as well as a link to the Legislative Coordinating Commission Web
site required under section 3.303, subdivision 10.
new text end

new text begin (c) Future eligibility for money from the outdoor 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.
new text end

Sec. 4.

Minnesota Statutes 2010, section 114D.50, subdivision 4, is amended to read:


Subd. 4.

Expenditures; accountability.

(a) A project receiving funding from the
clean water fund must meet or exceed the constitutional requirements to protect, enhance,
and restore water quality in lakes, rivers, and streams and to protect groundwater and
drinking water from degradation. Priority may be given to projects that meet more than
one of these requirements. A project receiving funding from the clean water fund shall
include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for
measuring and evaluating the results. A project must be consistent with current science
and incorporate state-of-the-art technology.

(b) Money from the clean water fund shall be expended to balance the benefits
across all regions and residents of the state.

(c) deleted text beginAlldeleted text endnew text begin A state agency or other recipient of a direct appropriation from the clean
water fund must compile and submit all
new text end information for proposed and funded projectsnew text begin
or programs
new text end, including the proposed measurable outcomesdeleted text begin, must be made available on
the Web site
deleted text endnew text begin and all other itemsnew text end required under section 3.303, subdivision 10,new text begin to the
Legislative Coordinating Commission
new text end as soon as practicablenew text begin or by the deadline specified
in the enabling law, whichever comes first
new text end. deleted text beginInformation on the measured outcomes and
evaluation must be posted
deleted text endnew text begin The Legislative Coordinating Commission must post submitted
information on the Web site required under section 3.303, subdivision 10,
new text end asnew text begin soon asnew text end it
becomes available. Information classified as not public under section 13D.05, subdivision
3
, paragraph (d), is not required to be placed on the Web site.

(d) Grants funded by the clean water fund must be implemented according to section
16B.98 and must account for all expenditures. Proposals must specify a process for any
regranting envisioned. Priority for grant proposals must be given to proposals involving
grants that will be competitively awarded.

(e) Money from the clean water fund may only be spent on projects that benefit
Minnesota waters.

new text begin (f) A state agency or other recipient of money from the clean water fund shall
prominently display on the state agency's or other recipient's Web site home page, when
applicable, 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." When a person clicks on the legacy logo image,
the Web site must direct the person to a dedicated legacy page on the state agency's or
other recipient's Web site. The dedicated legacy page must prominently display both the
contact information for the state agency or other recipient that a person may use to obtain
additional information, as well as a link to the Legislative Coordinating Commission Web
site required under section 3.303, subdivision 10.
new text end

new text begin (g) Future eligibility for money from the clean water 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.
new text end

Sec. 5.

Minnesota Statutes 2010, section 129D.17, subdivision 2, is amended to read:


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 new text beginmust new text endincorporate state-of-the-art
technology when appropriate.

(b) Funding from the arts and cultural heritage fund 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 shall be expended for benefits
across all regions and residents of the state.

(d) deleted text beginAlldeleted text endnew text begin A state agency or other recipient of a direct appropriation from the arts and
cultural heritage fund must compile and submit all
new text end information for funded projectsnew text begin or
programs
new text end, including the proposed measurable outcomesnew text begin and all other items required under
section 3.303, subdivision 10
new text end, deleted text beginmust be made available ondeleted text endnew text begin tonew text end the Legislative Coordinating
Commission deleted text beginWeb site,deleted text end as soon as practicablenew text begin or by the deadline specified in the enabling
law, whichever comes first
new text end. deleted text beginInformation on the measured outcomes and evaluation must
be posted
deleted text endnew text begin The Legislative Coordinating Commission must post submitted information on
the Web site required under section 3.303, subdivision 10,
new text end as soon as it becomes available.

(e) Grants funded by the arts and cultural heritage fund must 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.

new text begin (g) A state agency or other recipient of money from the arts and cultural heritage
fund shall prominently display on the state agency's or other recipient's Web site home
page, when applicable, 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." When a person clicks on the legacy logo
image, the Web site must direct the person to a dedicated legacy page on the state agency's
or other recipient's Web site. The dedicated legacy page must prominently display both the
contact information for the state agency or other recipient that a person may use to obtain
additional information, as well as a link to the Legislative Coordinating Commission Web
site required under section 3.303, subdivision 10.
new text end

new text begin (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.
new text end

Sec. 6. new text beginAPPLICABILITY.
new text end

new text begin Sections 7 to 10 apply to any appropriation for fiscal year 2012 or 2013 from a legacy
fund. For the purposes of sections 7 to 10, "legacy fund" means the outdoor heritage fund,
the clean water fund, the parks and trails fund, or the arts and cultural heritage fund.
new text end

Sec. 7. new text beginGENERAL PROVISIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Grants. new text end

new text begin Grants funded by a legacy fund must be implemented
according to Minnesota Statutes, section 16B.98, and the responsible entity must account
for all expenditures of funds.
new text end

new text begin Subd. 2. new text end

new text begin Constitution. new text end

new text begin A recipient of money from a legacy fund must comply with
the Minnesota Constitution, article XI, section 15, and may not substitute money received
from a legacy fund for a traditional source of funding.
new text end

Sec. 8. new text beginLEGACY FUNDS RECIPIENT REPORT.
new text end

new text begin (a) A state agency or other recipient of a direct appropriation from a legacy fund
shall submit a report to the Legislative Reference Library as provided under Minnesota
Statutes, section 3.195, and to the Legislative Coordinating Commission that contains all
of the information required under Minnesota Statutes, section 3.303, subdivision 10.
new text end

new text begin (b) A state agency or other recipient of a direct appropriation from a legacy fund
must submit a report containing all available and required information by January 15,
2012, for appropriations in fiscal year 2012, and January 15, 2013, for appropriations in
fiscal year 2013. If the nature of a funded project is such that all required information is
not yet available by the applicable reporting deadline, a state agency or other recipient of a
direct appropriation must submit any additional information required under Minnesota
Statutes, section 3.303, subdivision 10, as soon as practicable.
new text end

Sec. 9. new text beginIN THE EVENT OF A LAWSUIT.
new text end

new text begin (a) An appropriation or portion of an appropriation from a legacy fund is canceled to
the extent that a court determines that the appropriation unconstitutionally substitutes for
a traditional source of funding.
new text end

new text begin (b) Any grant contract or similar agreement that awards money from a legacy fund
must contain the information in paragraph (a).
new text end

Sec. 10. new text beginLEGACY ACCOUNTING; TECHNICAL ASSISTANCE.
new text end

new text begin No later than January 1, 2012, the commissioner of management and budget shall
finalize guidance and best practices to assist state agencies in uniformly accounting for
their expenditure of legacy funds. The commissioner shall make this information available
to all state agencies identified in this act.
new text end