SF 401

3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural and cultural resources; proposing 
  1.3             an amendment to the Minnesota Constitution, article 
  1.4             XI; dedicating the sales tax receipts equal to a sales 
  1.5             tax of three-eighths of one percent on taxable sales 
  1.6             for natural and cultural resource purposes; creating 
  1.7             an arts, humanities, museum, and public broadcasting 
  1.8             fund; creating a heritage enhancement fund; creating a 
  1.9             parks and trails fund; creating a clean water fund; 
  1.10            establishing a Heritage Enhancement Council; 
  1.11            establishing a Clean Waters Council; amending 
  1.12            Minnesota Statutes 2002, section 10A.01, subdivision 
  1.13            35; proposing coding for new law in Minnesota 
  1.14            Statutes, chapters 85; 97A; 103F; 129D. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16                             ARTICLE 1
  1.17                      CONSTITUTIONAL AMENDMENT
  1.18     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.19     An amendment to the Minnesota Constitution is proposed to 
  1.20  the people.  If the amendment is adopted, a section will be 
  1.21  added to article XI, to read: 
  1.22     Sec. 15.  Beginning July 1, 2005, until June 30, 2030, the 
  1.23  sales and use tax receipts equal to the state sales and use tax 
  1.24  of three-eighths of one percent on sales and uses taxable under 
  1.25  the general state sales and use tax law, plus penalties and 
  1.26  interest and reduced by any refunds, are dedicated as follows:  
  1.27  34 percent of the receipts shall be deposited in the heritage 
  1.28  enhancement fund and may be spent only to improve, enhance, or 
  1.29  protect the state's fish, wildlife, habitat, and fish and 
  1.30  wildlife tourism; 22 percent of the receipts shall be deposited 
  2.1   in the parks and trails fund and may be spent only on parks, 
  2.2   trails, and zoos in the state; 22 percent of the receipts shall 
  2.3   be deposited in the clean water fund and may be spent only on 
  2.4   protection and restoration of the state's lakes, rivers, 
  2.5   streams, wetlands, and groundwater; and 22 percent of the 
  2.6   receipts shall be deposited in the arts, humanities, museum, and 
  2.7   public broadcasting fund and may be spent only on arts, 
  2.8   humanities, history, museums, and public broadcasting.  An arts, 
  2.9   humanities, museum, and public broadcasting fund, a heritage 
  2.10  enhancement fund, parks and trails fund, and clean water fund 
  2.11  are created in the state treasury.  The money dedicated under 
  2.12  this section shall be appropriated by law.  The money dedicated 
  2.13  under this section for fish, wildlife, habitat, fish and 
  2.14  wildlife tourism, parks, trails, zoos, protection and 
  2.15  restoration of waters, and history shall not be used as a 
  2.16  substitute for traditional funding sources for the purposes 
  2.17  specified, but the dedicated money shall supplement traditional 
  2.18  sources of funding for those purposes.  Land acquired by fee 
  2.19  with money deposited in the heritage enhancement fund under this 
  2.20  section must be open to public taking of fish and game during 
  2.21  the open season unless otherwise provided by law. 
  2.22     Sec. 2.  [SUBMISSION TO VOTERS.] 
  2.23     The proposed amendment shall be submitted to the people at 
  2.24  the 2004 general election.  The question submitted shall be: 
  2.25     "Shall the Minnesota Constitution be amended to provide 
  2.26  funding beginning July 1, 2005, to improve, enhance, or protect 
  2.27  the state's fish, wildlife, habitat, and fish and wildlife 
  2.28  tourism; its parks, trails, and zoos; its lakes, rivers, 
  2.29  streams, wetlands, and groundwater; and its arts, humanities, 
  2.30  history, museums, and public broadcasting by dedicating the 
  2.31  sales and use tax receipts equal to the state sales and use tax 
  2.32  of three-eighths of one percent on taxable sales until the year 
  2.33  2030? 
  2.34                                     Yes .......
  2.35                                     No ........"
  2.36     Sec. 3.  [EFFECTIVE DATE.] 
  3.1      Sections 1 and 2 apply to sales and uses occurring after 
  3.2   June 30, 2005. 
  3.3                              ARTICLE 2
  3.4                          CONFORMING CHANGES
  3.5      Section 1.  Minnesota Statutes 2002, section 10A.01, 
  3.6   subdivision 35, is amended to read: 
  3.7      Subd. 35.  [PUBLIC OFFICIAL.] "Public official" means any: 
  3.8      (1) member of the legislature; 
  3.9      (2) individual employed by the legislature as secretary of 
  3.10  the senate, legislative auditor, chief clerk of the house, 
  3.11  revisor of statutes, or researcher, legislative analyst, or 
  3.12  attorney in the Office of Senate Counsel and Research or House 
  3.13  Research; 
  3.14     (3) constitutional officer in the executive branch and the 
  3.15  officer's chief administrative deputy; 
  3.16     (4) solicitor general or deputy, assistant, or special 
  3.17  assistant attorney general; 
  3.18     (5) commissioner, deputy commissioner, or assistant 
  3.19  commissioner of any state department or agency as listed in 
  3.20  section 15.01 or 15.06; 
  3.21     (6) member, chief administrative officer, or deputy chief 
  3.22  administrative officer of a state board or commission that has 
  3.23  either the power to adopt, amend, or repeal rules under chapter 
  3.24  14, or the power to adjudicate contested cases or appeals under 
  3.25  chapter 14; 
  3.26     (7) individual employed in the executive branch who is 
  3.27  authorized to adopt, amend, or repeal rules under chapter 14 or 
  3.28  adjudicate contested cases under chapter 14; 
  3.29     (8) executive director of the State Board of Investment; 
  3.30     (9) deputy of any official listed in clauses (7) and (8); 
  3.31     (10) judge of the Workers' Compensation Court of Appeals; 
  3.32     (11) administrative law judge or compensation judge in the 
  3.33  State Office of Administrative Hearings or referee in the 
  3.34  Department of Economic Security; 
  3.35     (12) member, regional administrator, division director, 
  3.36  general counsel, or operations manager of the metropolitan 
  4.1   council; 
  4.2      (13) member or chief administrator of a metropolitan 
  4.3   agency; 
  4.4      (14) director of the Division of Alcohol and Gambling 
  4.5   Enforcement in the Department of Public Safety; 
  4.6      (15) member or executive director of the Higher Education 
  4.7   Facilities Authority; 
  4.8      (16) member of the board of directors or president of 
  4.9   Minnesota Technology, Inc.; or 
  4.10     (17) member of the board of directors or executive director 
  4.11  of the Minnesota State High School League; or 
  4.12     (18) member of the heritage enhancement council. 
  4.13     Sec. 2.  [85.0195] [PARKS AND TRAILS FUND; EXPENDITURES.] 
  4.14     Subdivision 1.  [FUND.] The parks and trails fund is 
  4.15  established in the Minnesota Constitution, article XI, section 
  4.16  15.  All money earned by the parks and trails fund must be 
  4.17  credited to the fund.  
  4.18     Subd. 2.  [EXPENDITURES.] Money in the parks and trails 
  4.19  fund may be spent only on state and regional parks, trails, and 
  4.20  zoos.  Subject to appropriation by law, receipts to the fund 
  4.21  must be allocated in separate accounts as follows: 
  4.22     (1) 38 percent of the receipts may be spent only for state 
  4.23  park and recreation area purposes; 
  4.24     (2) 11 percent of the receipts may be spent only for state 
  4.25  trail purposes; 
  4.26     (3) 36 percent of the receipts may be spent only for 
  4.27  metropolitan area, as defined in section 473.121, regional park 
  4.28  and trail grants; 
  4.29     (4) 12 percent of the receipts may be spent only for 
  4.30  nonmetropolitan regional parks and trails, outdoor recreation 
  4.31  grants, natural and scenic area grants, trail connection grants, 
  4.32  regional trail grants, and grant-in-aid trails; and 
  4.33     (5) three percent of the receipts may be spent only for the 
  4.34  Minnesota Zoological Garden, the Como Park Zoo and Conservatory, 
  4.35  and the Duluth Zoo. 
  4.36     Sec. 3.  [97A.056] [HERITAGE ENHANCEMENT FUND; HERITAGE 
  5.1   ENHANCEMENT COUNCIL.] 
  5.2      Subdivision 1.  [HERITAGE ENHANCEMENT FUND.] The heritage 
  5.3   enhancement fund is established in the Minnesota Constitution, 
  5.4   article XI, section 15.  All money earned by the heritage 
  5.5   enhancement fund must be credited to the fund.  At least 97 
  5.6   percent of the money appropriated from the fund must be spent on 
  5.7   specific fish, wildlife, habitat, and fish and wildlife tourism 
  5.8   projects. 
  5.9      Subd. 2.  [HERITAGE ENHANCEMENT COUNCIL.] (a) A Heritage 
  5.10  Enhancement Council of 11 members is created, on November 15, 
  5.11  2004, consisting of: 
  5.12     (1) two members of the senate appointed by the senate 
  5.13  subcommittee on committees of the committee on rules and 
  5.14  administration; 
  5.15     (2) two members of the house of representatives appointed 
  5.16  by the speaker of the house; 
  5.17     (3) two public members representing hunting, fishing, and 
  5.18  wildlife interests appointed by the senate subcommittee on 
  5.19  committees of the committee on rules and administration; 
  5.20     (4) two public members representing hunting, fishing, and 
  5.21  wildlife interests appointed by the speaker of the house; and 
  5.22     (5) three public members representing hunting, fishing, and 
  5.23  wildlife interests appointed by the governor. 
  5.24     (b) Legislative members appointed under paragraph (a), 
  5.25  clauses (1) and (2), serve as nonvoting members.  One member 
  5.26  from the senate and one member from the house of representatives 
  5.27  must be from the minority caucus.  Legislative members are 
  5.28  entitled to reimbursement for per diem expenses plus travel 
  5.29  expenses incurred in the services of the council.  The removal 
  5.30  and, beginning July 1, 2005, the compensation of public members 
  5.31  are as provided in section 15.0575. 
  5.32     (c) Members shall elect a chair, vice chair, secretary, and 
  5.33  other officers as determined by the council.  The chair may 
  5.34  convene meetings as necessary to conduct the duties prescribed 
  5.35  by this section. 
  5.36     (d) Membership terms are two years, except that members 
  6.1   shall serve on the council until their successors are appointed. 
  6.2      (e) Vacancies occurring on the council do not affect the 
  6.3   authority of the remaining members of the council to carry out 
  6.4   their duties.  Vacancies shall be filled in the same manner as 
  6.5   under paragraph (a). 
  6.6      Subd. 3.  [DUTIES OF THE COUNCIL.] (a) The council, in 
  6.7   consultation with statewide and local fishing, forestry, 
  6.8   hunting, and wildlife groups, shall develop a biennial budget 
  6.9   plan for expenditures from the heritage enhancement fund.  The 
  6.10  biennial budget plan may include grants to statewide and local 
  6.11  fishing, forestry, hunting, and wildlife groups to improve, 
  6.12  enhance, or protect fish and wildlife resources. 
  6.13     (b) In the biennial budget submitted to the legislature, 
  6.14  the governor shall submit separate budget detail for planned 
  6.15  expenditures from the heritage enhancement fund as recommended 
  6.16  by the council. 
  6.17     (c) As a condition of acceptance of an appropriation from 
  6.18  the heritage enhancement fund, an agency or entity receiving an 
  6.19  appropriation shall submit a work program and quarterly progress 
  6.20  reports for appropriations from the heritage enhancement fund to 
  6.21  the members of the Heritage Enhancement Council in the form 
  6.22  determined by the council. 
  6.23     Subd. 4.  [COUNCIL ADMINISTRATION.] (a) The council may 
  6.24  employ personnel and contract with consultants as necessary to 
  6.25  carry out functions and duties of the council.  Permanent 
  6.26  employees shall be in the unclassified service.  The council may 
  6.27  request staff assistance, legal opinion, and data from agencies 
  6.28  of state government as needed for the execution of the 
  6.29  responsibilities of the council. 
  6.30     (b) Beginning July 1, 2005, the administrative expenses of 
  6.31  the council shall be paid from the heritage enhancement fund. 
  6.32     (c) A council member or an employee of the council may not 
  6.33  participate in or vote on a decision of the council relating to 
  6.34  an organization in which the member or employee has either a 
  6.35  direct or indirect personal financial interest.  While serving 
  6.36  on or employed by the council, a person shall avoid any 
  7.1   potential conflict of interest. 
  7.2      Subd. 5.  [COUNCIL MEETINGS.] Meetings of the council and 
  7.3   other groups the council may establish must be conducted in 
  7.4   accordance with chapter 13D.  Except where prohibited by law, 
  7.5   the council shall establish additional processes to broaden 
  7.6   public involvement in all aspects of its deliberations. 
  7.7      Sec. 4.  [103F.765] [CLEAN WATER FUND; EXPENDITURES.] 
  7.8      Subdivision 1.  [FUND.] The clean water fund is established 
  7.9   in the Minnesota Constitution, article XI, section 15.  All 
  7.10  money earned by the clean water fund must be credited to the 
  7.11  fund. 
  7.12     Subd. 2.  [EXPENDITURES.] Subject to appropriation, money 
  7.13  in the clean water fund may be spent only on: 
  7.14     (1) monitoring, investigations, and analysis of the quality 
  7.15  of Minnesota's water resources; 
  7.16     (2) state and local activities to protect, preserve, and 
  7.17  improve the quality of Minnesota's water resources; and 
  7.18     (3) assistance to individuals and organizations for water 
  7.19  quality improvement projects. 
  7.20     Subd. 3.  [CLEAN WATERS COUNCIL; MEMBERSHIP; APPOINTMENT.] 
  7.21  A Clean Waters Council of 17 members is created on January 5, 
  7.22  2005.  The members of the council shall elect a chair from the 
  7.23  nonagency members of the council.  The commissioners of natural 
  7.24  resources, agriculture, and the Pollution Control Agency, and 
  7.25  the executive director of the Board of Water and Soil Resources, 
  7.26  shall each appoint one person from their respective agency to 
  7.27  serve as a member of the council.  The commissioner of the 
  7.28  Pollution Control Agency, in consultation with the other state 
  7.29  agencies represented on the council, shall appoint 13 additional 
  7.30  nonagency members of the council as follows: 
  7.31     (1) two members representing statewide farm organizations; 
  7.32     (2) two members representing business organizations; 
  7.33     (3) two members representing environmental organizations; 
  7.34     (4) one member representing soil and water conservation 
  7.35  districts; 
  7.36     (5) one member representing watershed districts; 
  8.1      (6) one member representing organizations focused on 
  8.2   improvement of Minnesota lakes or streams; 
  8.3      (7) one member representing an organization of county 
  8.4   governments; 
  8.5      (8) two members representing organizations of city 
  8.6   governments; and 
  8.7      (9) one member representing the Metropolitan Council 
  8.8   established under section 473.123.  
  8.9      Subd. 4.  [TERMS; COMPENSATION; REMOVAL.] Terms, 
  8.10  compensation, removal, and filling of vacancies for the council 
  8.11  shall be as provided in section 15.059, subdivisions 2, 3, and 4.
  8.12     Subd. 5.  [RECOMMENDATIONS ON APPROPRIATION OF FUNDS.] The 
  8.13  Clean Waters Council shall recommend to the governor the manner 
  8.14  in which money from the clean water fund should be appropriated 
  8.15  for the purposes identified in subdivision 2.  
  8.16     Subd. 6.  [BIENNIAL REPORT TO LEGISLATURE.] By December 1 
  8.17  of each even-numbered year, the council shall submit a report to 
  8.18  the legislature on the activities for which money from the clean 
  8.19  water fund has been or will be spent for the current biennium, 
  8.20  and the activities for which money from the account is 
  8.21  recommended to be spent in the next biennium. 
  8.22     Subd. 7.  [COUNCIL MEETINGS.] Meetings of the council and 
  8.23  other groups the council may establish must be conducted in 
  8.24  accordance with chapter 13D.  Except where prohibited by law, 
  8.25  the council shall establish additional processes to broaden 
  8.26  public involvement in all aspects of its deliberations. 
  8.27     Sec. 5.  [129D.17] [ARTS, HUMANITIES, MUSEUM, AND PUBLIC 
  8.28  BROADCASTING FUND; EXPENDITURES.] 
  8.29     Subdivision 1.  [FUND.] The arts, humanities, museum, and 
  8.30  public broadcasting fund is established in the Minnesota 
  8.31  Constitution, article XI, section 15.  All money earned by the 
  8.32  fund must be credited to the fund. 
  8.33     Subd. 2.  [EXPENDITURES.] Subject to appropriation, 
  8.34  receipts in the fund must be allocated by the commissioner of 
  8.35  finance as follows: 
  8.36     (1) 43 percent to the Minnesota State Arts Board; 
  9.1      (2) 23 percent to the Minnesota Historical Society; 
  9.2      (3) 23 percent to public broadcasting; 
  9.3      (4) 4 percent to the Science Museum of Minnesota; 
  9.4      (5) 3.5 percent to the Humanities Commission; 
  9.5      (6) 2.5 percent to the Minnesota Film Board; and 
  9.6      (7) 1 percent to the Minnesota Children's Museum and the 
  9.7   Duluth Children's Museum. 
  9.8   Money allocated to the Minnesota State Arts Board may not be 
  9.9   used for administrative purposes.  If one of the above entities 
  9.10  ceases to exist, then the appropriated money must be allocated 
  9.11  proportionally among the remaining entities. 
  9.12     Sec. 6.  [EFFECTIVE DATE.] 
  9.13     This article is effective November 15, 2004, if the 
  9.14  constitutional amendment proposed in article 1 is adopted by the 
  9.15  voters.