SF 1721

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; proposing an amendment
to the Minnesota Constitution by adding a section to
article XI; dedicating the sales and use tax receipts
equal to a sales and use tax of one-fourth of one
percent on taxable sales and uses for natural resource
purposes; creating a heritage enhancement fund;
creating a clean water fund; establishing a Heritage
Enhancement Council; establishing a Clean Waters
Council; providing appointments; amending Minnesota
Statutes 2004, section 10A.01, subdivision 35;
proposing coding for new law in Minnesota Statutes,
chapters 97A; 103F.

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

ARTICLE 1

CONSTITUTIONAL AMENDMENT

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. Beginning July 1, 2007, until June 30, 2032, the
state sales and use tax receipts equal to the state sales and
use tax of 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, are dedicated as
follows: 50 percent of the receipts shall be deposited in the
heritage enhancement fund and may be spent only to improve,
enhance, or protect the state's fish, wildlife, habitat, and
fish and wildlife tourism; and 50 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. A heritage enhancement fund
and 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 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 2006 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, 2007, to improve, enhance, or protect
the state's fish, wildlife, habitat, and fish and wildlife
tourism and to protect and restore the state's lakes, rivers,
streams, wetlands, and groundwater by dedicating the sales and
use tax receipts equal to the state sales and use tax of
one-fourth of one percent on taxable sales until the year 2032?
new text end

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

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 apply to sales and uses occurring after
June 30, 2007.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2004, 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;

(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.; deleted text begin or
deleted text end

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

new text begin (18) member of the Heritage Enhancement Council new text end .

Sec. 2.

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 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; 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, 2007, 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 the 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 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 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, 2007, 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 in
accordance with 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

Sec. 3.

new text begin [103F.765] CLEAN WATER FUND; EXPENDITURES; CLEAN
WATERS COUNCIL.
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 waters council; membership;
appointment. new text end

new text begin A Clean Waters Council of 18 members is created on
January 5, 2007. 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 each appoint one person from their
respective agency to serve as a member of the council. The
commissioner of the Pollution Control Agency, in consultation
with the other state agencies represented on the council, shall
appoint 14 additional nonagency members of the council as
follows:
new text end

new text begin (1) two members representing statewide farm organizations;
new text end

new text begin (2) two members representing business organizations;
new text end

new text begin (3) two members representing environmental organizations;
new text end

new text begin (4) one member representing soil and water conservation
districts;
new text end

new text begin (5) one member representing watershed districts;
new text end

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

new text begin (7) one member representing an organization of county
governments;
new text end

new text begin (8) two members representing organizations of city
governments;
new text end

new text begin (9) one member representing the Metropolitan Council
established under section 473.123; and
new text end

new text begin (10) one member representing organizations of township
governments.
new text end

new text begin Subd. 4. new text end

new text begin Administration. new text end

new text begin Terms, compensation, removal,
and filling of vacancies for the council shall be as provided in
section 15.059, subdivisions 2, 3, and 4. Notwithstanding
section 15.059, subdivision 5, the council does not expire.
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 Waters 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 in
accordance with 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

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective November 15, 2006, if the
constitutional amendment proposed in article 1 is adopted by the
voters.
new text end