SF 3231

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to finance; proposing an amendment to the Minnesota Constitution
by adding a section to article XI; dedicating general fund lottery proceeds to
specified purposes; amending Minnesota Statutes 2007 Supplement, section
10A.01, subdivision 35; proposing coding for new law in Minnesota Statutes,
chapter 97A.

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

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. new text end

new text begin Beginning July 1, 2009, until June 30, 2034, at least 60 percent of net proceeds
generated by any state lottery shall be dedicated as follows: 34 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; 22
percent of the receipts shall be deposited in the parks and trails fund and may be spent
only on parks, trails, and zoos in the state; 22 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; and 22 percent of the receipts shall be
deposited in the arts, humanities, museum, and public broadcasting fund and may be spent
only on arts, humanities, history, museums, and public broadcasting. An arts, humanities,
museum, and public broadcasting fund; a heritage enhancement fund; a parks and trails
fund; and a 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 for fish,
wildlife, habitat, fish and wildlife tourism, parks, trails, zoos, protection and restoration of
waters, arts, and history 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 by 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 2008 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,
2009, until the year 2034, to improve, enhance, or protect the state's fish, wildlife, habitat,
and fish and wildlife tourism; its parks, trails, and zoos; its lakes, rivers, streams, wetlands,
and groundwater; and its arts, humanities, history, museums, and public broadcasting by
dedicating 60 percent of the net proceeds that are currently raised by the state lottery
and deposited in the general fund?
new text end

new text begin Yes ....... new text end

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

Sec. 3.

Minnesota Statutes 2007 Supplement, 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, or the state chief information
officer;

(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.;

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

(18) member of the Minnesota Ballpark Authority established in section 473.755;

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

(20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13; deleted text begin or
deleted text end

(21) supervisor of a soil and water conservation district new text begin ; or
new text end

new text begin (22) member of the Heritage Enhancement Council new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 15, 2008, if the
constitutional amendment proposed in section 1 is adopted by the voters.
new text end

Sec. 4.

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 of representatives;
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 of representatives; 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) 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, 2009, 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 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
members of 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, 2009, 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 15, 2008, if the
constitutional amendment proposed in section 1 is adopted by the voters.
new text end