SF 210

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

A bill for an act
relating to natural resources; proposing an amendment to the Minnesota
Constitution, article XI, by adding a section; increasing the sales tax rate by
one-fourth of one percent and dedicating the receipts for national resources
purposes; establishing a great outdoors and clean water fund; creating a Great
Outdoors Council; authorizing the sale of state bonds; amending Minnesota
Statutes 2006, sections 10A.01, subdivision 35; 114D.30, subdivisions 1, 5,
by adding a subdivision; 114D.45, subdivisions 1, 2; 297A.62, subdivision 1;
297A.94; 297B.02, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 103F; repealing Minnesota Statutes 2006, section 114D.30,
subdivision 2.

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

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, 2009, until June 30, 2049, 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. Receipts from the increase, plus penalties and interest and reduced
by any refunds, are dedicated to and must be deposited in the great outdoors and clean
water fund. Money in the fund must be appropriated by law and may be spent only:
new text end

new text begin (1) to protect and restore the state's lakes, rivers, streams, wetlands, and groundwater;
and
new text end

new text begin (2) to protect, preserve, enhance, and acquire the state's fish and wildlife habitat,
parks, trails, and natural areas.
new text end

new text begin A great outdoors and clean water fund is established in the state treasury.
new text end

new text begin From July 1, 2009, until June 30, 2029, the commissioner of finance may sell and
issue bonds for the purposes of the fund. The proceeds of the bonds shall be paid into
the fund. The priority fund expenditure is to pay principal and interest due on issued
bonds. If the fund is not adequate to pay principal and interest on the bonds when due, the
legislature shall appropriate money from the state treasury to the fund.
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 2008 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide funding to protect,
preserve, enhance, and acquire the state's fish and wildlife habitat, parks, trails, and natural
areas and to protect and restore the state's lakes, rivers, streams, wetlands, and groundwater
by increasing the sales and use tax rate by one-fourth of one percent on taxable sales until
the year 2049 and by authorizing the sale and issuance of state bonds until the year 2029?
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 new text begin ;
new text end

new text begin (20) citizen member of the Clean Water Council; or
new text end

new text begin (21) citizen member of the Great Outdoors 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.
new text end

Sec. 4.

new text begin [103F.906] GREAT OUTDOORS AND CLEAN WATER FUND.
new text end

new text begin The great outdoors and clean water fund is established in the Minnesota Constitution,
article XI, section 15. The commissioner of finance shall credit to the fund the increased
tax receipts and proceeds from the sale of bonds pursuant to that section. All contributions,
gifts, and money earned by the fund must be credited to the fund. No more than three
percent of the fund may be used for administrative purposes. A great outdoors account
and a clean water legacy account is created in the fund. A minimum of $100,000,000 each
year must be deposited in the clean water legacy account from the tax receipts collected or
bonding proceeds, as provided in the Minnesota Constitution, article XI, section 15.
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.
new text end

Sec. 5.

new text begin [103F.907] GREAT OUTDOORS COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The Great Outdoors Council is created. The
commissioners of natural resources, agriculture, and the Pollution Control Agency and the
executive directors of the Board of Water and Soil Resources and the Public Facilities
Authority shall appoint one person from their respective agencies to serve as a nonvoting
member of the council. Additional members shall be appointed as follows:
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 citizen members representing fishing and wildlife interests appointed by the
senate Subcommittee on Committees of the Committee on Rules and Administration;
new text end

new text begin (3) two members of the house of representatives appointed by the speaker of the
house;
new text end

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

new text begin (5) three citizen members representing fishing and wildlife interests appointed by
the governor.
new text end

new text begin (b) One member from the senate and one member from the house of representatives
must be from the minority caucus. 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 citizen members are as
provided in section 15.0575.
new text end

new text begin (c) Members shall elect a chair, vice chair, and other officers as determined. The
chair may convene meetings as necessary to conduct the duties of the council.
new text end

new text begin (d) Membership terms are two years. Members may serve on the council until
their successors are appointed.
new text end

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

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The Great Outdoors Council created in subdivision 1 shall develop
and submit to the legislature a biennial budget plan for expenditures from the great
outdoors account. The budget plan must provide for payment of principal and interest due
on bond issues and may include appropriation and bonding recommendations consistent
with the following purposes:
new text end

new text begin (1) protection, preservation, and enhancement of fish and wildlife habitat;
new text end

new text begin (2) acquisition of parks and trails;
new text end

new text begin (3) land stewardship costs associated with lands acquired under this program; and
new text end

new text begin (4) matching grants to local governmental units for local conservation programs.
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 the functions and duties of the council.
Permanent employees must be in the unclassified service. The council may request staff
assistance, legal opinions, and data from agencies of state government as needed.
new text end

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

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

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.
new text end

Sec. 6.

Minnesota Statutes 2006, section 114D.30, subdivision 1, is amended to read:

Subdivision 1.

Creation; duties.

A Clean Water Council is created to advise on
the administration and implementation of this chapter deleted text begin , deleted text end new text begin and article XI, section 15, of the
Minnesota Constitution new text end and new text begin to new text end foster coordination and cooperation as described in section
114D.20, subdivision 1. The council may also advise on the development of appropriate
processes for expert scientific review as described in section 114D.35, subdivision 2. The
Pollution Control Agency shall provide administrative support for the council with the
support of other member agencies. The members of the council shall elect a chair from the
nonagency members of the council.

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.
new text end

Sec. 7.

Minnesota Statutes 2006, section 114D.30, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Membership. new text end

new text begin The commissioners of natural resources, agriculture,
and the Pollution Control Agency and the executive directors of the Board of Water and
Soil Resources and the Public Facilities Authority shall appoint one person from their
respective agencies to serve as a nonvoting member of the council. Thirteen citizen
members shall be appointed as follows:
new text end

new text begin (1) five appointed by the governor;
new text end

new text begin (2) four appointed by the senate Subcommittee on Committees of the Committee on
Rules and Administration; and
new text end

new text begin (3) four appointed by the speaker of the house of representatives.
new text end

new text begin The citizen appointments must represent environmental, agricultural, business, local
government, or hunting and fishing interests and must strive for geographic balance.
new text end

Sec. 8.

Minnesota Statutes 2006, section 114D.30, subdivision 5, is amended to read:

Subd. 5.

Implementation plan.

The Clean Water Council shall recommend a plan
for implementation of this chapter new text begin and the Minnesota Constitution, article XI, section 15 new text end .
The recommended plan shall address general procedures and time frames for deleted text begin implementing
this chapter, deleted text end new text begin implementation new text end and shall include a more specific implementation work plan
for the next fiscal biennium and a framework for setting priorities to address impaired
waters consistent with section 114D.20, subdivisions 2 to 7. The council shall issue the
first recommended plan under this subdivision by December 1, deleted text begin 2005 deleted text end new text begin 2007 new text end , and shall issue
a revised plan by December 1 of each even-numbered year thereafter.

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.
new text end

Sec. 9.

Minnesota Statutes 2006, section 114D.45, subdivision 1, is amended to read:

Subdivision 1.

Creation.

The clean water legacy account is created as an account in
the deleted text begin environmental fund deleted text end new text begin great outdoors and clean water fund established in the Minnesota
Constitution, article XI, section 15. A minimum of $100,000,000 a year must be deposited
in the account from the tax receipts collected or bonding proceeds, as provided in the
Minnesota Constitution, article XI, section 15 new text end . Money in the account must be made
available for the implementation of this chapter deleted text begin and deleted text end new text begin , new text end sections 446A.073, 446A.074, and
446A.075, new text begin and the Minnesota Constitution, article XI, section 15, new text end without supplanting or
taking the place of any other funds which are currently available or may become available
from any other source, whether federal, state, local, or private, for implementation of
those sections.

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.
new text end

Sec. 10.

Minnesota Statutes 2006, section 114D.45, subdivision 2, is amended to read:

Subd. 2.

Sources of revenue.

The following revenues must be deposited in the
clean water legacy account:

(1) money transferred to the account; deleted text begin and
deleted text end

(2) new text begin money deposited as provided in subdivision 1 and the Minnesota Constitution,
article XI, section 15; and
new text end

new text begin (3) new text end interest accrued on the account.

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.
new text end

Sec. 11.

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, is in addition 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.
new text end

Sec. 12.

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.
new text end

Sec. 13.

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.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 114D.30, subdivision 2, new text end new text begin is repealed.
new text end