SF 3089

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/23/2023 09:02am

A bill for an act
relating to state government; creating a fund for Native recovery; creating a council
on Native programs; imposing new taxes; requiring an audit by the legislative
auditor; requiring reports; appropriating money; amending Minnesota Statutes
2022, sections 287.21, by adding a subdivision; 287.29; proposing coding for new
law in Minnesota Statutes, chapter 3.

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

ARTICLE 1

COUNCIL ON NATIVE PROGRAMS

Section 1.

new text begin [3.9980] SHORT TITLE.
new text end

new text begin This act may be known and cited as the Indian Recovery Act.
new text end

Sec. 2.

new text begin [3.9981] NATIVE RECOVERY FUND; COUNCIL ON NATIVE PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Native recovery fund. new text end

new text begin A Native recovery fund is established as an
account in the state treasury. All money earned by the taxes imposed under section 287.21,
subdivision 1a, must be credited to the fund. At least 98.5 percent of the money appropriated
from the fund must be expended to fund programs and purposes to better the lives of Native
people living in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purpose of appropriations from the Native recovery fund,
the following terms have the meanings given:
new text end

new text begin (1) "recipient" means the entity responsible for deliverables financed by the Native
programs fund; and
new text end

new text begin (2) "fund" means the Native recovery fund.
new text end

new text begin Subd. 3. new text end

new text begin Council on Native programs. new text end

new text begin (a) The council on Native programs is established
with 16 members consisting of:
new text end

new text begin (1) one member from each of the 11 federally recognized Tribes in Minnesota appointed
by the governor;
new text end

new text begin (2) two members appointed by the governor who are Native people who reside in an
urban area;
new text end

new text begin (3) one member of the senate appointed by the senate majority leader;
new text end

new text begin (4) one member of the house of representatives appointed by the speaker of the house
of representatives; and
new text end

new text begin (5) one nonvoting member appointed by the Indian Land Tenure Foundation.
new text end

new text begin (b) The governor must appoint one substitute member from each of the 11 federally
recognized Tribes who may vote when the appointed member from the same Tribe is
unavailable to vote.
new text end

new text begin (c) Members appointed under paragraph (a) or (b) must not be registered lobbyists.
new text end

new text begin (d) Public members appointed under paragraphs (a) and (b) must have practical experience
or expertise or demonstrated knowledge of issues relating to Native people.
new text end

new text begin (e) A public member serves a four-year term. A member may be appointed to a second
term. Appointed legislative members serve at the pleasure of the appointing authority up
to a maximum of four years. Public and legislative members continue to serve until their
successors are appointed.
new text end

new text begin (f) Expense reimbursement and removal of public members under paragraph (a) are as
provided in section 15.0575. A vacancy on the council may be filled by the appointing
authority for the remainder of the unexpired term.
new text end

new text begin (g) Members must elect a chair and other officers as determined by the council. The
chair may convene meetings as necessary to conduct the duties prescribed by this section.
The chair shall not vote except to break a tie.
new text end

new text begin (h) The Indian Land Tenure Foundation or its successor may appoint nonpartisan staff,
including an executive director for the council, and contract with consultants as necessary
to support the functions of the council. Up to two percent of the money appropriated from
the fund may be used to pay for administrative expenses incurred by the Indian Land Tenure
Foundation and for expense reimbursement of council members.
new text end

new text begin Subd. 4. new text end

new text begin Appropriation; grant to the Indian Land Tenure Foundation. new text end

new text begin Money in
the Native recovery fund is appropriated annually to the commissioner of human rights for
a grant of the full amount of the appropriation to the council on Native programs to be used
for public purposes for the benefit of Native people, including making grants to other
organizations for the same purposes.
new text end

new text begin Subd. 5. new text end

new text begin Reports on use of funds. new text end

new text begin The council shall report to the legislature on the
grants made and the uses of money granted to the council from the Native recovery fund.
The council's reports shall be submitted by February 15 in odd-numbered years and within
the first four weeks of the legislative session in even-numbered years to the chairs and
ranking minority members of the Finance Committee in the senate and the Ways and Means
Committee in the house of representatives.
new text end

new text begin Subd. 6. new text end

new text begin Conflict of interest. new text end

new text begin (a) A council member may not be an advocate for or
against a council action or vote on any action that may be a conflict of interest. A conflict
of interest must be disclosed as soon as it is discovered. The council shall follow the policies
and requirements related to conflicts of interest developed by the Office of Grants
Management under section 16B.98.
new text end

new text begin (b) For the purposes of this section, a conflict of interest exists when a person has an
organizational conflict of interest or direct financial interest and those interests present the
appearance that it is difficult for the person to impartially fulfill the person's duty. An
organizational conflict of interest exists when a person has an affiliation with an organization
that is subject to council activities, which presents the appearance of a conflict between
organizational interests and council member duties. An organizational conflict of interest
does not exist if the person's only affiliation with an organization is being a member of the
organization.
new text end

new text begin Subd. 7. new text end

new text begin Open meetings. new text end

new text begin (a) Meetings of the council and other groups the council may
establish are subject to chapter 13D.
new text end

new text begin (b) For legislative members of the council, enforcement of this subdivision is governed
by section 3.055, subdivision 2. For nonlegislative members of the council, enforcement of
this subdivision is governed by section 13D.06, subdivisions 1 and 2.
new text end

new text begin (c) Meetings of the council must be made available on a website for live video streaming
and be archived on a website for playback at a later time.
new text end

new text begin Subd. 8. new text end

new text begin Audit. new text end

new text begin The legislative auditor shall initially review the past three annual audits
of the Indian Land Tenure Foundation by July 1, 2024. Thereafter, the legislative auditor
must audit the Indian Land Tenure Foundation annually. The audit must review expenditures
from the grant of money from the council on Native programs, including administrative
and staffing expenditures, to ensure that the money is spent in compliance with all applicable
law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, with
the first report to the legislature due within the first four weeks of the legislative session
beginning in January 2025.
new text end

Sec. 3. new text begin INITIAL APPOINTMENTS AND TERMS FOR THE COUNCIL ON NATIVE
PROGRAMS.
new text end

new text begin Appointing authorities must appoint public members to the council on Native programs
under Minnesota Statutes, section 3.9981, by October 1, 2023. Notwithstanding Minnesota
Statutes, section 3.9981, subdivision 3, the first public members appointed to the council
shall be appointed to terms ending as follows:
new text end

new text begin (1) the term for five members appointed by the governor under Minnesota Statutes,
section 3.9981, subdivision 3, paragraph (a), clause (1), and designated by the governor to
be subject to the term specified in this clause, ends the first Monday in October 2026;
new text end

new text begin (2) the term for one member appointed by the governor under Minnesota Statutes, section
3.9981, subdivision 3, paragraph (a), clause (2), and designated by the governor to be subject
to the term specified in this clause, ends the first Monday in October 2026;
new text end

new text begin (3) the term for the senate member appointed under Minnesota Statutes, section 3.9981,
subdivision 3, paragraph (a), clause (3), ends the first Monday in October 2026;
new text end

new text begin (4) the term for the member from the house of representatives, ends the first Monday in
October 2025; and
new text end

new text begin (5) the term for the member appointed by the governor under Minnesota Statutes, section
3.9981, subdivision 3, paragraph (a), clause (5), ends the first Monday in October 2026.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

TAXATION

Section 1.

Minnesota Statutes 2022, section 287.21, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Surtax. new text end

new text begin (a) A surtax is imposed on each deed or instrument by which any real
property in this state is granted, assigned, transferred, or otherwise conveyed in the same
manner as the tax imposed under subdivision 1, paragraph (a). The surtax must be applied
separately from the tax imposed under subdivision 1.
new text end

new text begin (b) The surtax is determined in the following manner:
new text end

new text begin (1) when transfers are made by instruments pursuant to (i) consolidations or mergers,
or (ii) designated transfers, the tax is .....; and
new text end

new text begin (2) when transfers are made for real property for which a certificate of value is required
to be filed under section 272.115, subdivision 1, the tax is one-half of one percent of the
net consideration.
new text end

new text begin (c) The provisions of subdivision 1, paragraphs (c) and (d), apply to the surtax imposed
under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for deeds that are both executed and
recorded after December 31, 2023.
new text end

Sec. 2.

Minnesota Statutes 2022, section 287.29, is amended to read:

287.29 PAYMENT OF RECEIPTS TO STATE GENERAL FUND; REPORTS.

Subdivision 1.

Appointment and payment of tax proceeds.

(a) The proceeds of the
taxes levied and collected under sections 287.21 to 287.385 must be apportioned new text begin as follows:
new text end

new text begin (1) of the tax imposed under section 287.21, subdivision 1 new text end , 97 percent to the general
fund of the state, and three percent to the county revenue fund new text begin ; and
new text end

new text begin (2) of the surtax imposed under section 287.21, subdivision 1a, 100 percent to the Native
recovery fund established under section 3.9981 new text end .

(b) On or before the 20th day of each month, the county treasurer shall determine and
pay to the commissioner of revenue for deposit in the state treasury and credit to the general
fund the state's portion of the receipts for deed tax from the preceding month subject to the
electronic transfer requirements of section 270C.42. The county treasurer shall provide any
related reports requested by the commissioner of revenue.

(c) Counties must remit the state's portion of the June receipts collected through June
25 and the estimated state's portion of the receipts to be collected during the remainder of
the month to the commissioner of revenue two business days before June 30 of each year.
The remaining amount of the June receipts is due on August 20.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for deeds that are both executed and
recorded after December 31, 2023.
new text end