SF 229

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; dedicating the sales tax receipts equal to one-fourth
of one percent for natural resource purposes; creating a heritage enhancement
fund; creating a clean water legacy fund; establishing a Heritage Enhancement
Council; amending Minnesota Statutes 2006, sections 10A.01, subdivision 35;
114D.20, subdivision 6; 114D.30, subdivision 6; 114D.45; 297A.94; proposing
coding for new law in Minnesota Statutes, chapter 97A.

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 receipts
equal to 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, shall be allocated
as follows: 50 percent of the receipts shall be deposited in the heritage enhancement
fund and may be spent for the improvement, enhancement, and protection of the state's
fish, game, and wildlife habitat; and 50 percent of the receipts shall be deposited in the
clean water legacy fund and may be spent only on protection and restoration of the state's
lakes, rivers, streams, wetlands, and groundwater. A heritage enhancement fund and a
clean water legacy fund are created in the state treasury. The money dedicated under this
section shall be appropriated by law. The money dedicated under this section shall not
be used as a substitute for traditional funding sources for the purposes specified, but the
dedicated money shall supplement traditional sources of funding for those purposes.
Land acquired in fee with money deposited in the heritage enhancement fund under this
section must be open to the 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 THE 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 dedicate the sales and use tax
receipts equal to one-fourth of one percent beginning July 1, 2009, and continuing for 25
years, to protect and enhance the state's fish, game, and wildlife habitat and the state's
waters?
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 ; 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 [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 projects for fish, game,
and wildlife habitat.
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 12 members is created, consisting of:
new text end

new text begin (1) two members of the senate appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration;
new text end

new text begin (2) two members of the house of representatives appointed by the speaker of the
house;
new text end

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

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

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

new text begin (6) the chair of the Budgetary Oversight Committee created in section 97A.055,
subdivision 4b, paragraph (c).
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 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, or protect fish, game, and wildlife resources.
new text end

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

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

new text begin Subd. 4. new text end

new text begin Council administration. new text end

new text begin (a) The council may employ personnel and
contract with consultants as necessary to carry out functions and duties of the council.
Permanent employees shall be in the unclassified service. The council may request staff
assistance, legal opinion, and data from agencies of state government as needed for the
execution of the responsibilities of the council.
new text end

new text begin (b) 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 Subd. 6. new text end

new text begin Council expiration. new text end

new text begin Subdivisions 2 to 5 expire June 30, 2013, unless
extended by law.
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. 5.

Minnesota Statutes 2006, section 114D.20, subdivision 6, is amended to read:

Subd. 6.

Priorities for restoration of impaired waters.

In implementing
restoration of impaired waters, in addition to the priority considerations in subdivision 5,
the Clean Water Council shall give priority in its recommendations for restoration funding
from the clean water legacy deleted text begin account deleted text end new text begin fund new text end to restoration projects that:

(1) coordinate with and utilize existing local authorities and infrastructure for
implementation;

(2) can be implemented in whole or in part by providing support for existing or
ongoing restoration efforts;

(3) most effectively leverage other sources of restoration funding, including federal,
state, local, and private sources of funds;

(4) show a high potential for early restoration and delisting based upon scientific
data developed through public agency or citizen monitoring or other means; and

(5) show a high potential for long-term water quality and related conservation
benefits.

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. 6.

Minnesota Statutes 2006, section 114D.30, subdivision 6, is amended to read:

Subd. 6.

Recommendations on appropriation of funds.

The Clean Water
Council shall recommend to the governor the manner in which money from the clean
water legacy deleted text begin account deleted text end new text begin fund new text end should be appropriated for the purposes identified in section
114D.45, subdivision 3. The council's recommendations must be consistent with the
purposes, policies, goals, and priorities in sections 114D.05 to 114D.35, and shall allocate
adequate support and resources to identify impaired waters, develop TMDL's, implement
restoration of impaired waters, and provide assistance and incentives to prevent waters
from becoming impaired and improve the quality of waters which are listed as impaired
but have no approved TMDL. The council must recommend methods of ensuring that
awards of grants, loans, or other funds from the clean water legacy deleted text begin account deleted text end new text begin fund new text end specify
the outcomes to be achieved as a result of the funding and specify standards to hold the
recipient accountable for achieving the desired outcomes. Expenditures from the account
must be appropriated by law.

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.

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

114D.45 CLEAN WATER LEGACY deleted text begin ACCOUNT deleted text end new text begin FUND new text end .

Subdivision 1.

Creation.

The clean water legacy deleted text begin account deleted text end new text begin fund new text end is deleted text begin created as an
account in the environmental fund deleted text end new text begin established in the Minnesota Constitution, article XI,
section 15 new text end . Money in the deleted text begin account deleted text end new text begin fund new text end must be made available for the implementation
of this chapter and sections 446A.073, 446A.074, and 446A.075, 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.

Subd. 2.

Sources of revenue.

The following revenues must be deposited in the
clean water legacy deleted text begin account deleted text end new text begin fund new text end :

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

deleted text begin (1) deleted text end new text begin (2) new text end money transferred to the deleted text begin account deleted text end new text begin fund new text end ; and

deleted text begin (2) deleted text end new text begin (3) new text end interest accrued on the deleted text begin account deleted text end new text begin fund new text end .

Subd. 3.

Purposes.

Subject to appropriation by the legislature, the clean water
legacy deleted text begin account deleted text end new text begin fund new text end may be spent for the following purposes:

(1) to provide grants, loans, and technical assistance to public agencies and others
who are participating in the process of identifying impaired waters, developing TMDL's,
implementing restoration plans for impaired waters, and monitoring the effectiveness
of restoration;

(2) to support measures to prevent waters from becoming impaired and to improve
the quality of waters that are listed as impaired but do not have an approved TMDL
addressing the impairment;

(3) to provide grants and loans for wastewater and storm water treatment projects
through the Public Facilities Authority;

(4) to support the efforts of public agencies associated with individual sewage
treatment systems and financial assistance for upgrading and replacing the systems; and

(5) to provide funds to state agencies to carry out their responsibilities under this
chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on 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.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