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SF 2060

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:33pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to arts and culture; appropriating money from the arts and cultural
heritage fund; establishing a Dakota and Ojibwe language revitalization and
preservation volunteer working group; proposing coding for new law in
Minnesota Statutes, chapter 129D; proposing coding for new law as Minnesota
Statutes, chapter 129E; repealing Minnesota Statutes 2008, section 129D.17.

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

Section 1. new text begin ARTS AND CULTURAL HERITAGE FUND APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the arts
and cultural heritage fund, and are available for the fiscal years indicated for allowable
activities under the Minnesota Constitution, article XI, section 15. The figures "2010" and
"2011" used in this act mean that the appropriations listed under them are available for
the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The first year" is
fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is fiscal years
2010 and 2011. Appropriations for the fiscal year ending June 30, 2009, are effective the
day following final enactment.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2010
new text end
new text begin 2011
new text end

Sec. 2. new text begin BOARD OF THE ARTS.
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 23,750,000
new text end
new text begin $
new text end
new text begin 23,750,000
new text end

new text begin The appropriations in this section are for arts,
arts education, and arts access and to preserve
Minnesota's history and cultural heritage as
specified in the following subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Distribution Formula
new text end

new text begin Of these amounts:
new text end

new text begin (1) up to 78 percent of the money to support
Minnesota artists and arts organizations
in creating, producing, and presenting
high-quality arts activities; to overcome
barriers to accessing high-quality arts
activities; and to instill the arts into the
community and public life in this state;
new text end

new text begin (2) up to 15 percent of the money for
high-quality, age-appropriate arts education
for Minnesotans of all ages to develop
knowledge, skills, and understanding of the
arts;
new text end

new text begin (3) up to five percent of the money for events
and activities that represent the diverse ethnic
and cultural arts traditions, including folk
and traditional artists and art organizations,
represented in this state; and
new text end

new text begin (4) up to three percent of the money
to administer grant programs, deliver
technical services, provide fiscal oversight
for the statewide system, and to ensure
accountability for these state resources.
new text end

new text begin Thirty percent of the total appropriated to
each of the categories established in this
subdivision is for grants to the regional arts
councils. This percentage does not apply to
administrative costs.
new text end

new text begin These appropriations are added to the
agency's base budget. Any unexpended
balance under this section is available in
either year.
new text end

new text begin Subd. 3. new text end

new text begin Reporting
new text end

new text begin The executive director shall submit an
annual report on the expenditure and use of
money appropriated under this section to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by January
15. The report must relate the expenditure
of funds by the categories established in
subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Appropriation Conditions
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered on or
before June 30, 2011, as grants or contracts in
this section are available until June 30, 2013.
new text end

Sec. 3. new text begin MINNESOTA HISTORICAL
SOCIETY
new text end

new text begin $
new text end
new text begin 12,500,000
new text end
new text begin $
new text end
new text begin 12,500,000
new text end

new text begin (a) These amounts are to preserve
Minnesota's history and cultural heritage.
new text end

new text begin (b) Of these amounts:
new text end

new text begin (1) up to 45 percent each year for statewide
history programs and projects;
new text end

new text begin (2) up to 30 percent of the money for
a competitive grant program for history
programs and projects operated by or
through local, county, regional, other history
organizations, or local units of government;
new text end

new text begin (3) up to 25 percent of the money for
history programs and projects that involve
partnerships or collaboration with history or
other organizations; and
new text end

new text begin (4) up to three percent of the money to
administer grant programs, deliver technical
services, provide fiscal oversight, and ensure
accountability for these state resources. The
director may allocate administrative costs
between the programs.
new text end

new text begin These appropriations are added to the
agency's base budget. Any unexpended
balance under this section is available in
either year.
new text end

new text begin (c) The director shall submit an annual
report on the expenditure and use of money
appropriated under this section to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by January
15. The report must relate the expenditure
of funds by the categories established in
paragraph (b), clauses (1) to (4).
new text end

new text begin (d) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this section are
available until June 30, 2013.
new text end

Sec. 4. new text begin HUMANITIES COMMISSION
new text end

new text begin $
new text end
new text begin 1,500,000
new text end
new text begin $
new text end
new text begin 1,500,000
new text end

new text begin (a) These amounts are to preserve
Minnesota's history and cultural heritage.
new text end

new text begin (b) The commission shall submit an annual
report on the expenditure and use of money
appropriated under this section to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by January
15.
new text end

new text begin These appropriations are added to the
agency's base budget. Any unexpended
balance under this section is available in
either year.
new text end

new text begin (c) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this section are
available until June 30, 2013.
new text end

Sec. 5. new text begin DEPARTMENT OF
ADMINISTRATION
new text end

new text begin $
new text end
new text begin 6,150,000
new text end
new text begin $
new text end
new text begin 6,150,000
new text end

new text begin (a) To the commissioner of administration
for arts, arts education, and arts access and
to preserve Minnesota's history and cultural
heritage, as specified under this section.
new text end

new text begin (b) $3,500,000 the first year and $3,500,000
the second year are appropriated for a grant to
the Minnesota Public Television Association
for production and acquisition grants in
accordance with Minnesota Statutes, section
129D.18.
new text end

new text begin (c) $1,325,000 the first year and $1,325,000
the second year are appropriated for a grant
to Minnesota Public Radio to create new
programming and events, expand regional
news service, amplify Minnesota culture
to a regional and national audience, and
document Minnesota's history through the
Minnesota Audio Archives.
new text end

new text begin (d) $1,325,000 the first year and $1,325,000
the second year are appropriated for a grant
to the Association of Minnesota Public Radio
Stations for production and acquisition grants
in accordance with Minnesota Statutes,
section 129D.19.
new text end

new text begin These appropriations are added to the
agency's base budget. Any unexpended
balance under this section is available in
either year.
new text end

new text begin (e) The commissioner shall submit an
annual report on the expenditure and use
of money appropriated under this section
to the legislature as provided in Minnesota
Statutes, sections 129D.18, subdivision 4,
and 129D.19, subdivision 4.
new text end

new text begin (f) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this section are
available until June 30, 2013.
new text end

Sec. 6. new text begin EXPLORE MINNESOTA TOURISM
new text end

new text begin $
new text end
new text begin 500,000
new text end
new text begin $
new text end
new text begin 500,000
new text end

new text begin (a) To the director of Explore Minnesota
Tourism for a grant to the Minnesota Film
and TV Board for grants for reimbursements
to eligible film projects that promote
Minnesota's cultural heritage. "Eligible film
project" means a film written by a resident
of Minnesota and directed or produced by a
resident of Minnesota; a film set in Minnesota
and directed or produced by a resident of
Minnesota; or a film that documents an event
or period in Minnesota history, whether a
true documentary or a fictionalized account
of the historic event, and has either a writer
or director who is a resident of Minnesota.
Eligible film projects must be filmed in
Minnesota.
new text end

new text begin (b) The director shall submit an annual
report on the expenditure and use of money
appropriated under this section to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by January
15.
new text end

new text begin (c) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this section are
available until June 30, 2013.
new text end

Sec. 7. new text begin SCIENCE MUSEUM OF
MINNESOTA
new text end

new text begin $
new text end
new text begin 500,000
new text end
new text begin $
new text end
new text begin 500,000
new text end

new text begin (a) These amounts are for arts, arts education,
and arts access and to preserve Minnesota's
history and cultural heritage.
new text end

new text begin (b) The director shall submit an annual
report on the expenditure and use of money
appropriated under this section to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by January
15.
new text end

new text begin (c) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this section are
available until June 30, 2013.
new text end

Sec. 8. new text begin MINNESOTA CHILDREN'S
MUSEUM
new text end

new text begin $
new text end
new text begin 100,000
new text end
new text begin $
new text end
new text begin 100,000
new text end

new text begin (a) These amounts are for arts, arts education,
and arts access and to preserve Minnesota's
history and cultural heritage.
new text end

new text begin (b) The director shall submit an annual
report on the expenditure and use of money
appropriated under this section to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by January
15.
new text end

new text begin (c) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this section are
available until June 30, 2013.
new text end

Sec. 9. new text begin DULUTH CHILDREN'S MUSEUM
new text end

new text begin $
new text end
new text begin 100,000
new text end
new text begin $
new text end
new text begin 100,000
new text end

new text begin (a) These amounts are for arts, arts education,
and arts access and to preserve Minnesota's
history and cultural heritage.
new text end

new text begin (b) The director shall submit an annual
report on the expenditure and use of money
appropriated under this section to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by January
15.
new text end

new text begin (c) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this section are
available until June 30, 2013.
new text end

Sec. 10. new text begin INDIAN AFFAIRS COUNCIL
new text end

new text begin $
new text end
new text begin 500,000
new text end
new text begin $
new text end
new text begin 500,000
new text end

new text begin (a) These amounts are for arts, arts education,
and arts access and to preserve Minnesota's
history and cultural heritage.
new text end

new text begin (b) The director shall submit an annual
report on the expenditure and use of money
appropriated under this section to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by January
15.
new text end

new text begin (c) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this section are
available until June 30, 2013.
new text end

Sec. 11. new text begin PERPICH CENTER FOR ARTS
EDUCATION
new text end

new text begin $
new text end
new text begin 200,000
new text end
new text begin $
new text end
new text begin 800,000
new text end

new text begin (a) These amounts are for arts, arts education,
and arts access and to preserve Minnesota's
history and cultural heritage.
new text end

new text begin (b) The director shall submit an annual
report on the expenditure and use of money
appropriated under this section to the
legislature as provided in Minnesota Statutes,
section 3.195. The first year report must be
submitted by March 1, 2010. In subsequent
years the report shall be submitted by January
15.
new text end

new text begin (c) Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered on or before June 30, 2011,
as grants or contracts in this section are
available until June 30, 2013.
new text end

Sec. 12.

new text begin [129D.18] PUBLIC TELEVISION CULTURAL AND HERITAGE
PRODUCTION AND ACQUISITION GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Use of grant funds. new text end

new text begin Money appropriated from the Minnesota arts
and cultural heritage fund may be designated to make grants to public stations, as defined
in section 129D.12, subdivision 2. Grants received under this section must be used to
create, produce, acquire, or distribute programs that educate, enhance, or promote local,
regional, or statewide items of artistic, cultural, or historic significance. Grant funds may
be used to cover any expenses associated with the creation, production, acquisition, or
distribution of public television programs through broadcast or online, including the
creation and distribution of educational materials.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin Money appropriated under this section must be used by
the commissioner of administration to make grants based upon the recommendations of
the Minnesota Public Television Association.
new text end

new text begin Subd. 3. new text end

new text begin Conditions. new text end

new text begin (a) A public station receiving funds appropriated under this
section must:
new text end

new text begin (1) make programs produced with these funds available for broadcast to all other
public stations eligible to receive grants under this section;
new text end

new text begin (2) offer free public performance rights for public educational institutions;
new text end

new text begin (3) archive programs produced with these funds and make the programs available
for future use through encore broadcast or other distribution, including online; and
new text end

new text begin (4) ensure that underwriting credit is given to the Minnesota arts and cultural
heritage fund.
new text end

new text begin (b) Programs produced in partnership with other mission-centered nonprofit
organizations may be used by the partnering organization for their own educational or
promotional purposes.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin A public station receiving funds appropriated under this
section must report annually by January 15 to the commissioner and the chairs and ranking
minority members of the senate and house of representatives committees and divisions
having jurisdiction over arts and cultural heritage policy and budget regarding how the
previous year's grant funds were expended. This report must contain specific information
for each program produced and broadcast, including the cost of production, the number
of stations broadcasting the program, estimated viewership, the number of Web site
downloads, and other related measures. If the programs produced include educational
material, the public station must report to the commissioner on these efforts.
new text end

Sec. 13.

new text begin [129D.19] GENERAL NONCOMMERCIAL RADIO CULTURAL AND
HERITAGE PRODUCTION AND ACQUISITION GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Use of grant funds. new text end

new text begin Money appropriated from the Minnesota arts
and cultural heritage fund may be designated to make grants to noncommercial radio
stations, as defined in section 129D.14, subdivision 2. Grants received under this section
must be used to create, produce, acquire, or distribute programs that educate, enhance, or
promote local, regional, or statewide items of artistic, cultural, or historic significance.
Grant funds may be used to cover any expenses associated with the creation, production,
acquisition, or distribution of noncommercial radio programs through broadcast.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin Money appropriated under this section must be used by
the commissioner of administration to make grants based upon the recommendations of
the Association of Minnesota Public Educational Radio Stations.
new text end

new text begin Subd. 3. new text end

new text begin Conditions. new text end

new text begin (a) A noncommercial radio station receiving funds
appropriated under this section must:
new text end

new text begin (1) make programs produced with these funds available for broadcast to all other
noncommercial radio stations eligible to receive grants under this section;
new text end

new text begin (2) offer free public performance rights for public educational institutions;
new text end

new text begin (3) archive programs produced with these funds and make the programs available
for future use through encore broadcast or other distribution, including online; and
new text end

new text begin (4) ensure that underwriting credit is given to the Minnesota arts and cultural
heritage fund.
new text end

new text begin (b) Programs produced in partnership with other mission-centered nonprofit
organizations may be used by the partnering organization for their own educational or
promotional purposes.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin A noncommercial radio station receiving funds appropriated
under this section must report annually by January 15 to the commissioner and the chairs
and ranking minority members of the senate and house of representatives committees and
divisions having jurisdiction over arts and cultural heritage policy and budget regarding
how the previous year's grant funds were expended. This report must contain specific
information for each program produced and broadcast, including the cost of production,
the number of stations broadcasting the program, estimated number of listeners, and
other related measures. If the programs produced include educational material, the
noncommercial radio station must report to the commissioner on these efforts.
new text end

Sec. 14.

new text begin [129E.01] ARTS AND CULTURAL HERITAGE FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Fund established. new text end

new text begin The arts and cultural heritage 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 Appropriations. new text end

new text begin Money in the arts and cultural heritage fund is
appropriated annually as follows:
new text end

new text begin (1) 50 percent to the executive director of the Board of the Arts for grants and
services provided in accordance with law; and
new text end

new text begin (2) at least 25 percent to the director of the Minnesota Historical Society for grants
and distribution in accordance with law.
new text end

new text begin Subd. 3. new text end

new text begin Acknowledgment. new text end

new text begin A recipient of money from the arts and cultural
heritage fund must include credit in printed materials, media releases, advertisements, and
electronic, audio, or video promotional materials acknowledging that the activities and
projects are the results of the legacy amendment to the Minnesota Constitution adopted by
the voters on November 4, 2008.
new text end

Sec. 15. new text begin VOLUNTEER WORKING GROUP ON DAKOTA AND OJIBWE
LANGUAGE REVITALIZATION AND PRESERVATION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A volunteer working group is established to develop
a unified strategy to revitalize and preserve indigenous languages of the 11 federally
recognized American Indian tribes in Minnesota. As the federal government recognized
through passage of the Esther Martinez Native American Languages Preservation Act
of 2006, the revitalization and preservation of American Indian languages is of vital
importance to preserving the American Indian culture. There have been recent efforts in
Minnesota to develop programs to teach the Dakota and Ojibwe languages to students
and to create fluent speakers at both the kindergarten through grade 12 level and at the
postsecondary level. The volunteer working group shall, among other duties, inventory
these efforts and make recommendations regarding how to further revitalize and preserve
Dakota and Ojibwe languages.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The executive director of the Minnesota Indian Affairs
Council shall invite each of the 11 federally recognized tribes under Minnesota Statutes,
section 3.922, subdivision 1, clause (1), to participate by appointing one member of each
tribe to the working group. Three additional members shall be appointed by the Indian
Affairs Council. Two of these members must represent the American Indian population
in the Minneapolis-St. Paul area and one member must represent the American Indian
population in Duluth. Other working group members may include, at their discretion, the
commissioner of education or the commissioner's appointee, the director of the Office of
Higher Education or the director's appointee, one member of the Board of Teaching, and
the director of the Minnesota Historical Society or the director's appointee. The working
group may add other members as deemed appropriate by a majority vote of the existing
members. The executive director of the Indian Affairs Council must convene the first
meeting no later than September 1, 2009. At the first meeting, the members shall elect
from amongst themselves a chair and vice chair of the working group.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The working group must develop strategies for the 11 federally
recognized American Indian tribes and the state to work together to revitalize and preserve
the Dakota and Ojibwe languages in Minnesota. The duties of the working group include,
but are not limited to:
new text end

new text begin (1) creating an inventory of existing programs designed to preserve Dakota and
Ojibwe languages in the state, including postsecondary programs, programs in tribal
schools, and other schools throughout the state;
new text end

new text begin (2) creating an inventory of available resources for Dakota and Ojibwe language
revitalization and immersion programs, including curriculum, educational materials,
and trained teachers;
new text end

new text begin (3) identifying curriculum needs to train teachers to teach the Dakota and Ojibwe
languages in immersion programs and barriers to training teachers to teach the Dakota and
Ojibwe language;
new text end

new text begin (4) identifying classroom curriculum needs for teaching students in Dakota and
Ojibwe languages;
new text end

new text begin (5) determining how the identified curriculum needs should be met;
new text end

new text begin (6) determining if there is a need for a central repository of resources, and if there
is a need, where the repository should be located, how it should be structured, and who
should have responsibility for maintaining the repository;
new text end

new text begin (7) determining what technical assistance the state could offer to further Dakota
and Ojibwe language immersion programs;
new text end

new text begin (8) identifying private, state, and national financial resources available to further
Dakota and Ojibwe language revitalization and preservation efforts;
new text end

new text begin (9) identifying current state and federal law, rules, regulations, and policy that
should be repealed, modified, or waived, in order to further Dakota and Ojibwe language
immersion programs; and
new text end

new text begin (10) assessing the level of interest in the community for Dakota and Ojibwe
language immersion programs.
new text end

new text begin Subd. 4. new text end

new text begin Expenses. new text end

new text begin Members of the group are not eligible for compensation but
may receive reimbursement for their expenses as provided in Minnesota Statutes, section
15.059, subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin The working group must report its findings and recommendations,
including draft legislation, if necessary, to the Indian Affairs Council and the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction
over early childhood through grade 12 education and higher education by February 15,
2011. The committee expires on February 16, 2011.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 129D.17, new text end new text begin is repealed.
new text end