SF 2824

as introduced - 88th Legislature (2013 - 2014) Posted on 03/27/2014 09:10am

A bill for an act
relating to finance; prohibiting the use of certain constitutionally dedicated funds
to acquire property by eminent domain; amending Minnesota Statutes 2012,
sections 85.53, subdivision 2; 97A.056, subdivision 1; 129D.17, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 85.53, subdivision 2, is amended to read:

Subd. 2.

Expenditures; accountability.

(a) A project or program receiving funding
from the parks and trails fund must meet or exceed the constitutional requirement to
support parks and trails of regional or statewide significance. A project or program
receiving funding from the parks and trails fund must include measurable outcomes, as
defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the
results. A project or program must be consistent with current science and incorporate
state-of-the-art technology, except when the project or program is a portrayal or restoration
of historical significance.

(b) Money from the parks and trails fund shall be expended to balance the benefits
across all regions and residents of the state.

(c) A state agency or other recipient of a direct appropriation from the parks and
trails fund must compile and submit all information for funded projects or programs,
including the proposed measurable outcomes and all other items required under section
3.303, subdivision 10, to the Legislative Coordinating Commission as soon as practicable
or by January 15 of the applicable fiscal year, whichever comes first. The Legislative
Coordinating Commission must post submitted information on the Web site required
under section 3.303, subdivision 10, as soon as it becomes available.

(d) Grants funded by the parks and trails fund must be implemented according to
section 16B.98 and must account for all expenditures. Proposals must specify a process
for any regranting envisioned. Priority for grant proposals must be given to proposals
involving grants that will be competitively awarded.

(e) Money from the parks and trails fund may only be spent on projects located
in Minnesota.

(f) When practicable, a direct recipient of an appropriation from the parks and
trails fund shall prominently display on the recipient's Web site home page the legacy
logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws
2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more
information." When a person clicks on the legacy logo image, the Web site must direct
the person to a Web page that includes both the contact information that a person may
use to obtain additional information, as well as a link to the Legislative Coordinating
Commission Web site required under section 3.303, subdivision 10.

(g) Future eligibility for money from the parks and trails fund is contingent upon a
state agency or other recipient satisfying all applicable requirements in this section, as
well as any additional requirements contained in applicable session law.

new text begin (h) Money appropriated from the parks and trails fund shall not be spent to acquire
property by eminent domain or to acquire property that has previously been acquired
by eminent domain.
new text end

Sec. 2.

Minnesota Statutes 2012, section 97A.056, subdivision 1, is amended to read:

Subdivision 1.

Outdoor heritage fund.

An outdoor heritage fund, under article
XI, section 15, of the Minnesota Constitution, is established as an account in the state
treasury. All money earned by the outdoor heritage fund must be credited to the fund. At
least 99 percent of the money appropriated from the fund must be expended to restore,
protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.
new text begin Money appropriated from the outdoor heritage fund shall not be spent to acquire property
by eminent domain or to acquire property that has previously been acquired by eminent
domain.
new text end

Sec. 3.

Minnesota Statutes 2012, section 129D.17, subdivision 2, is amended to read:

Subd. 2.

Expenditures; accountability.

(a) Funding from the arts and cultural
heritage fund may be spent only for arts, arts education, and arts access, and to preserve
Minnesota's history and cultural heritage. A project or program receiving funding from
the arts and cultural heritage fund must include measurable outcomes, and a plan for
measuring and evaluating the results. A project or program must be consistent with current
scholarship, or best practices, when appropriate and must incorporate state-of-the-art
technology when appropriate.

(b) Funding from the arts and cultural heritage fund may be granted for an entire
project or for part of a project so long as the recipient provides a description and cost for
the entire project and can demonstrate that it has adequate resources to ensure that the
entire project will be completed.

(c) Money from the arts and cultural heritage fund shall be expended for benefits
across all regions and residents of the state.

(d) A state agency or other recipient of a direct appropriation from the arts and
cultural heritage fund must compile and submit all information for funded projects or
programs, including the proposed measurable outcomes and all other items required
under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon
as practicable or by January 15 of the applicable fiscal year, whichever comes first. The
Legislative Coordinating Commission must post submitted information on the Web site
required under section 3.303, subdivision 10, as soon as it becomes available.

(e) Grants funded by the arts and cultural heritage fund must be implemented
according to section 16B.98 and must account for all expenditures of funds. Priority for
grant proposals must be given to proposals involving grants that will be competitively
awarded.

(f) All money from the arts and cultural heritage fund must be for projects located
in Minnesota.

(g) When practicable, a direct recipient of an appropriation from the arts and cultural
heritage fund shall prominently display on the recipient's Web site home page the legacy
logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws
2010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more
information." When a person clicks on the legacy logo image, the Web site must direct
the person to a Web page that includes both the contact information that a person may
use to obtain additional information, as well as a link to the Legislative Coordinating
Commission Web site required under section 3.303, subdivision 10.

(h) Future eligibility for money from the arts and cultural heritage fund is contingent
upon a state agency or other recipient satisfying all applicable requirements in this section,
as well as any additional requirements contained in applicable session law.

new text begin (i) Money appropriated from the arts and cultural fund shall not be spent to acquire
property by eminent domain or to acquire property that has previously been acquired
by eminent domain.
new text end