SF 37

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

A bill for an act
relating to natural and cultural resources; proposing an amendment to the
Minnesota Constitution, article XI; increasing the sales tax rate by one-fourth of
one percent and dedicating the receipts for natural and cultural resource purposes;
creating an arts, humanities, museum, and public broadcasting fund; creating a
heritage enhancement fund; creating a parks and trails fund; creating a clean
water fund; establishing a Heritage Enhancement Council; establishing a Clean
Water Council; amending Minnesota Statutes 2006, sections 10A.01, subdivision
35; 297A.62, subdivision 1; 297A.94; 297B.02, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapters 85; 97A; 103F; 129D.

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

Section 1. new text begin CONSTITUTIONAL AMENDMENT.
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, 2009, until June 30, 2034, the sales and use tax rate shall be
increased by one-fourth 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. Receipts
from the increase are dedicated as follows: 34 percent of the receipts shall be deposited in
the heritage enhancement fund and may be spent only to improve, enhance, and protect
the state's fish, wildlife, habitat, and fish and wildlife tourism; 22 percent 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; 22 percent 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; and 22 percent 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. An arts, humanities, museum,
and public broadcasting fund; a heritage enhancement fund; a parks and trails fund; and a
clean water fund are created in the state treasury. The money dedicated under this section
shall be appropriated by law. The money dedicated under this section for fish, wildlife,
habitat, fish and wildlife tourism, parks, trails, zoos, protection and restoration of waters,
and history 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 shall be submitted to the people at the 2008 general
election. The question submitted shall be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide funding beginning July
1, 2009, to improve, enhance, and protect the state's fish, wildlife, habitat, and fish and
wildlife tourism; its parks, trails, and zoos; its lakes, rivers, streams, wetlands, and
groundwater; and its arts, humanities, history, museums, and public broadcasting by
increasing the sales and use tax rate by one-fourth of one percent on taxable sales until
the year 2034?
new text end

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

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

Sec. 3.

Minnesota Statutes 2006, 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.;

(17) member of the board of directors or executive director of the Minnesota State
High School League;

(18) member of the Minnesota Ballpark Authority established in section 473.755; deleted text begin or
deleted text end

(19) citizen member of the Legislative-Citizen Commission on Minnesota
Resources deleted text begin . deleted text end new text begin ; or
new text end

new text begin (20) member of the Heritage Enhancement Council.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 15, 2008, if the
constitutional amendment proposed in section 1 is adopted by the voters.
new text end

Sec. 4.

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. Subject to the appropriation by law, receipts to
the fund must be allocated in separate accounts as follows:
new text end

new text begin (1) 38 percent of the receipts may be spent only for state park and recreation area
purposes;
new text end

new text begin (2) 11 percent of the receipts may be spent only for state trail purposes;
new text end

new text begin (3) 36 percent of the receipts may be spent only for metropolitan area, as defined in
section 473.121, regional park and trail grants, for distribution under section 473.351;
new text end

new text begin (4) 12 percent of the receipts may be spent only for nonmetropolitan regional parks
and trails, outdoor recreation grants, natural and scenic area grants, trail connection grants,
regional trail grants, and grant-in-aid trails; and
new text end

new text begin (5) three percent of the receipts may be spent only for the Minnesota Zoological
Garden, the Como Park Zoo and Conservatory, and the Duluth Zoo.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end

Sec. 5.

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, 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;
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, and wildlife interests
appointed by the senate Subcommittee on Committees;
new text end

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

new text begin (5) three public members representing hunting, fishing, and wildlife 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, beginning July 1, 2009, the 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 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
grants to statewide and local fishing, forestry, hunting, and wildlife groups to improve,
enhance, and protect fish and wildlife resources.
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 heritage enhancement fund
as recommended by the council.
new text end

new text begin (c) An agency or entity receiving an appropriation shall submit a work program for
use of the funds and quarterly progress reports to the Heritage Enhancement Council in a
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
executing the responsibilities of the council.
new text end

new text begin (b) Beginning July 1, 2009, the administrative expenses of the council shall be
paid from the 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 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 EFFECTIVE DATE. new text end

new text begin This section is effective November 15, 2008, if the
constitutional amendment proposed in section 1 is adopted by the voters.
new text end

Sec. 6.

new text begin [103F.765] CLEAN WATER FUND; CLEAN WATER COUNCIL;
EXPENDITURES.
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, 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) assistance to individuals and organizations for water quality improvement
projects.
new text end

new text begin Subd. 3. new text end

new text begin Clean Water Council; membership; appointment. new text end

new text begin A Clean Water
Council of 21 members is created. The members of the council shall elect a chair from the
nonagency members of the council. The commissioners of natural resources, agriculture,
and the Pollution Control Agency and the executive director of the Board of Water
and Soil Resources shall appoint one person from their respective agency to serve as a
member of the council. Seventeen additional nonagency members of the council shall
be appointed as follows:
new text end

new text begin (1) two members representing statewide farm organizations, appointed by the
governor;
new text end

new text begin (2) one member representing business organizations, appointed by the governor;
new text end

new text begin (3) one member representing environmental organizations, appointed by the
governor;
new text end

new text begin (4) one member representing soil and water conservation districts, appointed by
the governor;
new text end

new text begin (5) one member representing watershed districts, appointed by the governor;
new text end

new text begin (6) one member representing organizations focused on improvement of Minnesota
lakes or streams, appointed by the governor;
new text end

new text begin (7) two members representing an organization of county governments, one member
representing the interests of rural counties, and one member representing the interests of
counties in the seven-county metropolitan area, appointed by the governor;
new text end

new text begin (8) two members representing organizations of city governments, appointed by
the governor;
new text end

new text begin (9) one member representing the Metropolitan Council established under section
473.123, appointed by the governor;
new text end

new text begin (10) one township officer, appointed by the governor;
new text end

new text begin (11) one member of the house of representatives, appointed by the speaker;
new text end

new text begin (12) one member of the senate, appointed by the majority leader;
new text end

new text begin (13) one member representing the University of Minnesota or a Minnesota state
university, appointed by the governor; and
new text end

new text begin (14) one member representing the interests of tribal governments, appointed by
the governor.
new text end

new text begin The members of the council appointed by the governor are subject to the advice
and consent of the senate. At least six of the members appointed by the governor must
reside in the seven-county metropolitan area. In making appointments, the governor must
attempt to provide for geographic balance.
new text end

new text begin Subd. 4. new text end

new text begin Terms; compensation; removal. new text end

new text begin The terms of members representing the
state agencies and the Metropolitan Council are four years and are coterminous with the
governor. The terms of other members of the council shall be as provided in section
15.059, subdivision 2. Members may serve until their successors are appointed and
qualify. Compensation and removal of council members are as provided in section 15.059,
subdivisions 3 and 4. A vacancy on the council may be filled by the appointing authorities,
as provided in subdivision 3, for the remainder of the unexpired term.
new text end

new text begin Subd. 5. new text end

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

new text begin The Clean Water 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. 6. new text end

new text begin Biennial report to legislature. new text end

new text begin By December 1 of each even-numbered
year, the council shall submit a report to the legislature on the activities for which money
from the clean water fund has been or will be spent for the current biennium, and the
activities for which money from the account is recommended to be spent in the next
biennium.
new text end

new text begin Subd. 7. 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 EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end

Sec. 7.

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

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.
new text end

new text begin Subd. 2. new text end

new text begin Expenditures. new text end

new text begin Subject to appropriation, receipts in the fund must be
allocated by the commissioner of finance as follows:
new text end

new text begin (1) 43 percent to the Minnesota State Arts Board;
new text end

new text begin (2) 23 percent to the Minnesota Historical Society;
new text end

new text begin (3) 23 percent to public broadcasting;
new text end

new text begin (4) four percent to the Science Museum of Minnesota;
new text end

new text begin (5) 3.5 percent to the Humanities Commission;
new text end

new text begin (6) 2.5 percent to the Minnesota Film Board; and
new text end

new text begin (7) one percent to the Minnesota Children's Museum and the Duluth Children's
Museum.
new text end

new text begin 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end

Sec. 8.

Minnesota Statutes 2006, section 297A.62, subdivision 1, is amended to read:

Subdivision 1.

Generally.

new text begin (a) new text end Except as otherwise provided in subdivision 2 or 3
or in this chapter, a sales tax of 6.5 percent is imposed on the gross receipts from retail
sales as defined in section 297A.61, subdivision 4, made in this state or to a destination
in this state by a person who is required to have or voluntarily obtains a permit under
section 297A.83, subdivision 1.

new text begin (b) The increased rate required under the Minnesota Constitution, article XI, section
15, shall be added to the rate imposed under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end

Sec. 9.

Minnesota Statutes 2006, section 297A.94, is amended to read:

297A.94 DEPOSIT OF REVENUES.

(a) Except as provided in this section new text begin and the Minnesota Constitution, article XI,
section 15 new text end , the commissioner shall deposit the revenues, including interest and penalties,
derived from the taxes imposed by this chapter in the state treasury and credit them to the
general fund.

(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:

(1) the taxes are derived from sales and use of property and services purchased for
the construction and operation of an agricultural resource project; and

(2) the purchase was made on or after the date on which a conditional commitment
was made for a loan guaranty for the project under section 41A.04, subdivision 3.

The commissioner of finance shall certify to the commissioner the date on which the
project received the conditional commitment. The amount deposited in the loan guaranty
account must be reduced by any refunds and by the costs incurred by the Department of
Revenue to administer and enforce the assessment and collection of the taxes.

(c) The commissioner shall deposit the revenues, including interest and penalties,
derived from the taxes imposed on sales and purchases included in section 297A.61,
subdivision 3, paragraph (g), clauses (1) and (4), in the state treasury, and credit them
as follows:

(1) first to the general obligation special tax bond debt service account in each fiscal
year the amount required by section 16A.661, subdivision 3, paragraph (b); and

(2) after the requirements of clause (1) have been met, the balance to the general
fund.

(d) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.64, subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall transfer to the highway user
tax distribution fund an amount equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.

(e) For fiscal year 2001, 97 percent; for fiscal years 2002 and 2003, 87 percent; and
for fiscal year 2004 and thereafter, 72.43 percent of the revenues, including interest and
penalties, transmitted to the commissioner under section 297A.65, must be deposited by
the commissioner in the state treasury as follows:

(1) 50 percent of the receipts must be deposited in the heritage enhancement account
in the game and fish fund, and may be spent only on activities that improve, enhance, or
protect fish and wildlife resources, including conservation, restoration, and enhancement
of land, water, and other natural resources of the state;

(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only for state parks and trails;

(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only on metropolitan park and trail grants;

(4) three percent of the receipts must be deposited in the natural resources fund, and
may be spent only on local trail grants; and

(5) two percent of the receipts must be deposited in the natural resources fund,
and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and
Conservatory, and the Duluth Zoo.

(f) The revenue dedicated under paragraph (e) may not be used as a substitute
for traditional sources of funding for the purposes specified, but the dedicated revenue
shall supplement traditional sources of funding for those purposes. Land acquired with
money deposited in the game and fish fund under paragraph (e) must be open to public
hunting and fishing during the open season, except that in aquatic management areas or
on lands where angling easements have been acquired, fishing may be prohibited during
certain times of the year and hunting may be prohibited. At least 87 percent of the money
deposited in the game and fish fund for improvement, enhancement, or protection of fish
and wildlife resources under paragraph (e) must be allocated for field operations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end

Sec. 10.

Minnesota Statutes 2006, section 297B.02, subdivision 1, is amended to read:

Subdivision 1.

Rate.

There is imposed an excise tax at the rate provided in deleted text begin chapter
297A deleted text end new text begin section 297A.62, subdivision 1, paragraph (a), new text end on the purchase price of any motor
vehicle purchased or acquired, either in or outside of the state of Minnesota, which is
required to be registered under the laws of this state.

The excise tax is also imposed on the purchase price of motor vehicles purchased
or acquired on Indian reservations when the tribal council has entered into a sales tax on
motor vehicles refund agreement with the state of Minnesota.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end