SF 4131

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/17/2022 09:49am

A bill for an act
proposing an amendment to the Minnesota Constitution, article XI, section 14;
providing for the renewal of the environment and natural resources trust fund;
providing for the establishment of a water improvement fund to provide for the
construction, repair, and improvement of public water systems and related facilities;
making changes to the Legislative-Citizen Commission on Minnesota Resources;
amending Minnesota Statutes 2020, sections 116P.05, subdivision 1; 349A.08,
subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 446A.

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

ARTICLE 1

CONSTITUTIONAL AMENDMENT

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the amendment
is adopted, article XI, section 14, will read:
new text end

Sec. 14.

A permanent environment and natural resources trust fund deleted text begin is deleted text end new text begin and a water
improvement fund are new text end established in the state treasury. deleted text begin Loans may be made of up to five
percent of the principal of the fund for water system improvements as provided by law. deleted text end The
assets of the new text begin environment and natural resources trust new text end fund shall be appropriated by law for
the public purpose of protection, conservation, preservation, and enhancement of the state's
air, water, land, fish, wildlife, and other natural resources. new text begin The assets of the environment
and natural resources trust fund shall not be used to pay the principal or interest of any
bonds. The assets of the environment and natural resources trust fund shall not be used to
pay for any costs related to the construction, repair, improvement, or operation of any facility
or system that processes wastewater, but may be used to pay for research related to
wastewater. new text end The amount appropriated new text begin from the environment and natural resources trust fund new text end
each year of a biennium, commencing on July 1 in each odd-numbered year and ending on
and including June 30 in the next odd-numbered year, may be up to 5-1/2 percent of the
market value of the fund on June 30 one year before the start of the biennium. deleted text begin Not less than
40 deleted text end new text begin The assets of the water improvement fund shall be appropriated by law for the public
purpose of construction, repair, and improvement of public water systems and related
facilities. Until the year 2050, 50 new text end percent of the net proceeds from any state-operated lottery
must be credited to the new text begin environment and natural resources trust new text end fund deleted text begin until the year 2025 deleted text end new text begin ,
and the remaining 50 percent of the net proceeds must be credited to the water improvement
fund new text end .

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin (a) The proposed amendment must be submitted to the people at the 2024 general election.
The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to protect drinking water sources; protect
the water quality of lakes, rivers, and streams; and protect forests to improve air quality,
wildlife habitat, natural areas, parks, and trails by extending from 2025 until 2050 the transfer
of proceeds from the state-operated lottery to the environment and natural resources trust
fund; to increase the portion of lottery proceeds transferred to the fund from the lottery from
40 to 50 percent; to limit the uses of trust fund money; and to transfer the remaining 50
percent of the net proceeds from the state-operated lottery to a new water improvement fund
for the construction, repair, and improvement of public water systems and related facilities?
new text end

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

new text begin (b) The title required under Minnesota Statutes, section 204D.15, subdivision 1, for the
question submitted to the people under paragraph (a) shall be: "Environment and Natural
Resources Trust Fund Renewal and Water Improvement Fund Creation."
new text end

ARTICLE 2

STATUTORY CHANGES

Section 1.

Minnesota Statutes 2020, section 116P.05, subdivision 1, is amended to read:

Subdivision 1.

Membership.

(a) A Legislative-Citizen Commission on Minnesota
Resources of 17 members is created in the legislative branch, consisting of the chairs of the
house of representatives and senate committees on environment and natural resources finance
or designees appointed for the terms of the chairs, four members of the senate appointed
by the Subcommittee on Committees of the Committee on Rules and Administration, and
four members of the house of representatives appointed by the speaker.

(b) At least two members from the senate and two members from the house of
representatives must be from the minority caucus. Members are entitled to reimbursement
for per diem expenses plus travel expenses incurred in the services of the commission.

(c) Seven citizens are members of the commission, five appointed by the governor, one
appointed by the Senate Subcommittee on Committees of the Committee on Rules and
Administration, and one appointed by the speaker of the house. The citizen members are
selected and recommended to the appointing authorities according to subdivision 1a new text begin . The
citizen members appointed by the governor must reside in different geographic regions of
the state, with no more than two citizen members from the seven-county metropolitan area
as defined under section 473.121, subdivision 2, new text end and must:

(1) have experience or expertise in the science, policy, or practice of the protection,
conservation, preservation, and enhancement of the state's air, water, land, fish, wildlife,
and other natural resources;

(2) have strong knowledge in the state's environment and natural resource issues around
the state; and

(3) have demonstrated ability to work in a collaborative environment.

(d) Members shall develop procedures to elect a chair that rotates between legislative
and citizen members each meeting. A citizen member, a senate member, and a house of
representatives member shall serve as chairs. The citizen members, senate members, and
house of representatives members must select their respective chairs. The chair shall preside
and convene meetings as often as necessary to conduct duties prescribed by this chapter.

(e) Appointed legislative members shall serve on the commission for two-year terms,
beginning in January of each odd-numbered year and continuing through the end of December
of the next even-numbered year. Appointed citizen members shall serve four-year terms,
beginning in January of the first year and continuing through the end of December of the
final year. Citizen and legislative members continue to serve until their successors are
appointed.

(f) A citizen member may be removed by an appointing authority for cause. Vacancies
occurring on the commission shall not affect the authority of the remaining members of the
commission to carry out their duties, and vacancies shall be filled for the remainder of the
term in the same manner under paragraphs (a) to (c).

(g) Citizen members are entitled to per diem and reimbursement for expenses incurred
in the services of the commission, as provided in section 15.059, subdivision 3.

(h) The governor's appointments are subject to the advice and consent of the senate.

Sec. 2.

Minnesota Statutes 2020, section 349A.08, subdivision 5, is amended to read:

Subd. 5.

Payment; unclaimed prizes.

A prize in the state lottery must be claimed by
the winner within one year of the date of the drawing at which the prize was awarded or
the last day sales were authorized for a game where a prize was determined in a manner
other than by means of a drawing. If a valid claim is not made for a prize payable directly
by the lottery by the end of this period, the prize money is considered unclaimed and the
winner of the prize shall have no further claim to the prize. A prize won by a person who
purchased the winning ticket in violation of section 349A.12, subdivision 1, or won by a
person ineligible to be awarded a prize under subdivision 7 must be treated as an unclaimed
prize under this section. The director must transfer all unclaimed prize money at the end of
each fiscal year from the lottery cash flow account to the deleted text begin general deleted text end new text begin environment and natural
resources trust new text end fund.

new text begin EFFECTIVE DATE. new text end

new text begin If the constitutional amendment in article 1, section 1, is approved
by the voters at the 2024 general election, this section is effective January 1, 2025.
new text end

Sec. 3.

new text begin [446A.077] WATER SYSTEM IMPROVEMENT FUND
RECOMMENDATIONS.
new text end

new text begin By March 1 of each year, the authority must submit to the chairs and ranking minority
members of the legislative committees and divisions with jurisdiction over environment
and natural resources finance recommendations for appropriations from the water
improvement fund established under the Minnesota Constitution, article XI, section 14. The
recommendations may be in the form of recommendations for appropriations to existing
programs administered by the authority that provide for the construction, repair, or
improvement of public water systems or in the form of recommendations for new programs
to be established for this purpose.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin If the constitutional amendment in article 1, section 1, is approved
by the voters at the 2024 general election, this section is effective January 1, 2025.
new text end

Sec. 4. new text begin APPLICATION TO CITIZEN MEMBERS OF THE
LEGISLATIVE-CITIZEN COMMISSION ON MINNESOTA RESOURCES.
new text end

new text begin The requirements of Minnesota Statutes, section 116P.05, subdivision 1, paragraph (c),
as amended by section 1, must not be construed to require the removal of existing citizen
members on the effective date of that section but apply only to future appointments.
new text end