SF 336

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; moving the Minnesota 
  1.3             conservation corps to the friends of the Minnesota 
  1.4             conservation corps, an existing nonprofit corporation; 
  1.5             transferring assets to the Minnesota conservation 
  1.6             corps; appropriating money; proposing coding for new 
  1.7             law in Minnesota Statutes, chapter 84; repealing 
  1.8             Minnesota Statutes 2002, sections 84.0887; 84.98; 
  1.9             84.99. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [84.991] [MINNESOTA CONSERVATION CORPS.] 
  1.12     Subdivision 1.  [ESTABLISHMENT.] (a) The Minnesota 
  1.13  conservation corps is moved to the friends of the Minnesota 
  1.14  conservation corps, an existing nonprofit corporation under 
  1.15  section 501(c)(3) of the Internal Revenue Code of 1986, as 
  1.16  amended, doing business as the Minnesota conservation corps 
  1.17  under the supervision of a board of directors. 
  1.18     (b) The mission of the Minnesota conservation corps shall 
  1.19  be focused on training, natural resource emergency response and 
  1.20  stewardship, and community service for persons from the age of 
  1.21  15 through 26.  The Minnesota conservation corps may enroll 
  1.22  members over age 26 for the purpose of drawing upon their unique 
  1.23  knowledge, skills, or abilities to fulfill the program's mission.
  1.24     (c) The Minnesota conservation corps board of directors 
  1.25  shall have the sole approval authority for establishing 
  1.26  priorities, requests for proposals to meet those priorities, 
  1.27  hiring of an executive director, administration of personnel 
  2.1   matters, and oversight of expenditure of funds consistent with 
  2.2   the adopted and approved mission and goals of the Minnesota 
  2.3   conservation corps. 
  2.4      (d) The actions and expenditures of the Minnesota 
  2.5   conservation corps are subject to audit and regular annual 
  2.6   report to the legislature in general and specifically to the 
  2.7   house of representatives and senate committees with jurisdiction 
  2.8   over environment and natural resources policy and finance. 
  2.9      (e) The board of directors shall elect from among its 
  2.10  members a chair and other officers necessary for the performance 
  2.11  of its duties in accordance with the corporation's bylaws. 
  2.12     Subd. 2.  [BYLAWS.] The board of directors shall adopt 
  2.13  bylaws necessary for the conduct of the business of the 
  2.14  Minnesota conservation corps consistent with this section.  The 
  2.15  corporation must publish bylaws and amendments to the bylaws in 
  2.16  the State Register. 
  2.17     Subd. 3.  [STAFF; CORPS MEMBERS.] (a) The board of 
  2.18  directors shall hire the executive director for the Minnesota 
  2.19  conservation corps.  Staff employed by the Minnesota 
  2.20  conservation corps are at-will employees, not state employees, 
  2.21  and may participate in state retirement, deferred compensation, 
  2.22  insurance, or other plans that apply to state employees 
  2.23  generally and are subject to regulation by the state campaign 
  2.24  finance and public disclosure board. 
  2.25     (b) Minnesota conservation corps members are at-will 
  2.26  employees, and are not covered for unemployment benefits if 
  2.27  their services are excluded under section 268.035, subdivision 
  2.28  20, and they are not eligible for other benefits except for 
  2.29  workers' compensation.  The corps members are not employees of 
  2.30  the state within the meaning of section 43A.02, subdivision 21. 
  2.31     (c) The Minnesota conservation corps is authorized to have 
  2.32  staff and corps members participate in the state of Minnesota 
  2.33  workers' compensation program. 
  2.34     (d) The Minnesota conservation corps is a training and 
  2.35  service program and exempt from Minnesota prevailing wage 
  2.36  guidelines. 
  3.1      Subd. 4.  [PLACE OF BUSINESS.] The board of directors shall 
  3.2   locate and maintain the Minnesota conservation corps' place of 
  3.3   business within the state. 
  3.4      Subd. 5.  [APPLICABILITY OF CERTAIN LAWS.] The private 
  3.5   nonprofit corporation is not subject to laws governing state 
  3.6   agencies or political subdivisions, except the provisions of 
  3.7   equal opportunity employment, salary limits under section 
  3.8   15A.0815, subdivision 2, and audits by the legislative auditor 
  3.9   under chapter 3.  Further provided that the board of directors 
  3.10  and the executive director of the nonprofit corporation are each 
  3.11  considered an "official" for purposes of section 10A.071. 
  3.12     Subd. 6.  [CONFLICT OF INTEREST.] A board member, executive 
  3.13  director, or employee of the Minnesota conservation corps may 
  3.14  not participate in or vote on a decision of the board of 
  3.15  directors relating to an organization in which the board member, 
  3.16  executive director, or employee has either a direct or indirect 
  3.17  financial interest. 
  3.18     Subd. 7.  [NO BENEFIT TO PRIVATE INDIVIDUALS OR 
  3.19  CORPORATIONS.] The Minnesota conservation corps shall not afford 
  3.20  pecuniary gain, incidental or otherwise, to any private 
  3.21  individual, firm, or corporation, except the payment of 
  3.22  reasonable fees for goods and services provided and approved in 
  3.23  accordance with the bylaws of the corporation.  No part of the 
  3.24  net income or net earnings of the Minnesota conservation corps 
  3.25  shall, directly or indirectly, be distributable to or otherwise 
  3.26  inure to the benefit of any individual. 
  3.27     Subd. 8.  [FEES.] The board of directors may charge a fee 
  3.28  for any service performed by the Minnesota conservation corps. 
  3.29     Subd. 9.  [STATE AND OTHER AGENCY COLLABORATION; CONTRACT 
  3.30  BIDDING STATUS.] (a) The departments of natural resources, 
  3.31  agriculture, public safety, transportation, and other 
  3.32  appropriate state agencies shall constructively collaborate with 
  3.33  the Minnesota conservation corps. 
  3.34     (b) The Minnesota conservation corps has preferred bidding 
  3.35  status for state contracts. 
  3.36     (c) The Minnesota conservation corps may collaborate with 
  4.1   local, federal, and nonprofit agencies and federally recognized 
  4.2   Indian tribes or bands. 
  4.3      Subd. 10.  [EQUIPMENT AND SERVICE PURCHASES; STATE 
  4.4   CONTRACTS.] The Minnesota conservation corps may purchase 
  4.5   equipment and services, including fleet, through state contracts 
  4.6   administered by the commissioner of administration or the 
  4.7   department of natural resources. 
  4.8      Subd. 11.  [LIMITATIONS ON MINNESOTA CONSERVATION CORPS 
  4.9   PROJECTS.] Each employing state or local agency must certify 
  4.10  that the assignment of Minnesota conservation corps members will 
  4.11  not result in the displacement of currently employed workers or 
  4.12  workers on seasonal layoff, including partial displacement such 
  4.13  as reduction in hours of nonovertime work, wages, or other 
  4.14  employment benefits.  Supervising agencies that participate in 
  4.15  the program may not terminate, lay off, reduce the seasonal 
  4.16  hours, or reduce the working hours of any employee for the 
  4.17  purpose of using a corps member with available funds.  The 
  4.18  positions and job duties of corps members employed in projects 
  4.19  shall be submitted to affected exclusive representatives prior 
  4.20  to actual assignment. 
  4.21     Subd. 12.  [FUNDS.] The Minnesota conservation corps may 
  4.22  accept or grant gifts, grants, or contributions from any source. 
  4.23  Unless otherwise restricted by the terms of a gift or bequest, 
  4.24  the board may sell, exchange, or otherwise dispose of and invest 
  4.25  or reinvest the money, securities, or other property given or 
  4.26  bequested to it.  The principal of these funds, the income from 
  4.27  them, and all other revenues received by it from any nonstate 
  4.28  source must be placed in the depositories the board determines 
  4.29  and is subject to expenditure for the board's purposes.  
  4.30  Expenditures of more than $25,000 must be approved by the full 
  4.31  board. 
  4.32     Subd. 13.  [ACCOUNTS; AUDITS.] The Minnesota conservation 
  4.33  corps may establish funds and accounts that it finds 
  4.34  convenient.  The board shall provide for and pay the cost of an 
  4.35  independent annual audit of its official books and records by 
  4.36  the legislative auditor subject to sections 3.971 and 3.972.  A 
  5.1   copy of this audit shall be filed with the secretary of state. 
  5.2      Sec. 2.  [TRANSFER OF ASSETS.] 
  5.3      The state's ownership interest in all tools, computers, and 
  5.4   other supplies and equipment acquired by the commissioner of 
  5.5   natural resources for the purpose of the conservation corps 
  5.6   created under Minnesota Statutes, section 84.98, is transferred 
  5.7   to the Minnesota conservation corps created in section 1. 
  5.8      Sec. 3.  [TRANSFER OF FUNDS.] 
  5.9      The remaining balances in the Minnesota conservation corps 
  5.10  cooperative agreement, youthworks, Americorps administration, 
  5.11  education vouchers, and gift accounts on June 30, 2003, are 
  5.12  canceled and reappropriated to the Minnesota conservation corps 
  5.13  created in section 1. 
  5.14     Sec. 4.  [APPROPRIATION.] 
  5.15     $1,200,000 in fiscal year 2004, and $1,200,000 in fiscal 
  5.16  year 2005, are appropriated to the Minnesota conservation corps 
  5.17  created in section 1.  Of the amount appropriated, $....... in 
  5.18  fiscal year 2004, and $....... in fiscal year 2005, are from the 
  5.19  general fund, and $....... in fiscal year 2004, and $....... in 
  5.20  fiscal year 2005, are from the natural resources fund. 
  5.21     Sec. 5.  [REPEALER.] 
  5.22     Minnesota Statutes 2002, sections 84.0887, 84.98, and 
  5.23  84.99, are repealed.