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Minnesota Legislature

Office of the Revisor of Statutes

SF 6

6th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 6th Engrossment

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A bill for an act
relating to natural and cultural resources; proposing an amendment to the
Minnesota Constitution, article XI; increasing the sales tax rate by three-eighths
of one percent and dedicating the receipts for natural and cultural heritage
purposes; creating a cultural legacy fund; creating a Lessard-heritage
enhancement fund; creating a great outdoors Minnesota fund; establishing a
Heritage Enhancement Council; amending Minnesota Statutes 2006, sections
10A.01, subdivision 35; 297A.62, subdivision 1; 297A.94; 297B.02, subdivision
1; proposing coding for new law in Minnesota Statutes, chapters 97A; 129D;
proposing coding for new law as Minnesota Statutes, chapter 84E.

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

Section 1. new text beginTITLE.
new text end

new text begin This act shall be titled the "Dallas Sams Outdoor and Cultural Legacy Act."
new text end

Sec. 2. new text beginCONSTITUTIONAL 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 beginSec. 15.new text end

new text begin Beginning July 1, 2009, until June 30, 2034, the sales and use tax rate shall be
increased by three-eighths of one percent on sales and uses taxable under the general state
sales and use tax law. Receipts from the increase, plus penalties and interest and reduced
by any refunds, are dedicated as follows: 33 percent of the receipts shall be deposited in
the Lessard-heritage enhancement fund and may be spent only to preserve, enhance,
or protect the state's fish, wildlife, habitat, land, and forest resources; 43 percent of the
receipts shall be deposited in the great outdoors Minnesota fund and may be spent only
on protection and restoration of lakes, rivers, streams, wetlands, groundwater, parks,
trails, and natural areas in Minnesota; and 24 percent of the receipts shall be deposited in
the cultural legacy fund and may be spent only on arts, arts education, arts access, and
historic sites. A cultural legacy fund; a Lessard-heritage enhancement fund; and a great
outdoors Minnesota fund are created in the state treasury. The money dedicated under this
section shall be appropriated by law. The money dedicated under this section 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 Lessard-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. If the base of the sales and use tax is changed, the legislature
may proportionally adjust the sales and use tax rate in this section to within one-tenth of
one percent in order to provide the same amount of revenue as practicable for each fund as
existed before the change to the sales and use tax.
new text end

Sec. 3. new text beginSUBMISSION 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, to protect the state's water quality and groundwater; to preserve and enhance its fish,
wildlife, habitat, natural land, and forest resources; to support its parks, trails, and natural
areas; to increase access to its arts and cultural heritage and history; and to protect and
restore its lakes, rivers, streams, and wetlands by increasing the sales and use tax rate by
three-eighths of one percent on taxable sales until the year 2034?
new text end

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

Sec. 4.

Minnesota Statutes 2006, 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; deleted text beginordeleted text end

(19) citizen member of the Legislative-Citizen Commission on Minnesota
Resourcesnew text begin; or
new text end

new text begin (20) member of the Heritage Enhancement Councilnew 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 2 is adopted by the voters.
new text end

Sec. 5.

new text begin [84E.01] GREAT OUTDOORS MINNESOTA FUND.
new text end

new text begin The great outdoors Minnesota fund is established in the Minnesota Constitution,
article XI, section 15. All money earned by the great outdoors Minnesota fund must
be credited to the fund. Money in the fund may be spent only on the protection and
restoration of lakes, rivers, streams, wetlands, groundwater, parks, trails, and natural
areas in Minnesota. Money appropriated for parks from the fund shall be based on park
usage, expenditures, and acreage.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, if the constitutional
amendment proposed in section 2 is adopted by the voters.
new text end

Sec. 6.

new text begin [97A.056] LESSARD-HERITAGE ENHANCEMENT FUND; HERITAGE
ENHANCEMENT COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Lessard-heritage enhancement fund. new text end

new text begin (a) The Lessard-heritage
enhancement fund is established in the Minnesota Constitution, article XI, section 15. All
money earned by the Lessard-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 land conservation projects.
new text end

new text begin (b) A forest legacy and forest consolidation account is created within the
Lessard-heritage enhancement fund. From the receipts deposited in the Lessard-heritage
enhancement fund under the Minnesota Constitution, article XI, section 15, 25 percent
each fiscal year must be credited to the forest legacy and forest consolidation account.
Money in the account may be spent only for the acquisition of permanent easements on
private forest land or for the acquisition of land for forest consolidation.
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
16 members is created in the legislative branch, consisting of:
new text end

new text begin (1) three 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) three members of the house of representatives appointed by the speaker of the
house;
new text end

new text begin (3) three public members representing hunting, fishing, wildlife, forestry, or land
conservation interests appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration;
new text end

new text begin (4) three public members representing hunting, fishing, wildlife, forestry, or land
conservation interests appointed by the speaker of the house; and
new text end

new text begin (5) four public members representing hunting, fishing, wildlife, forestry, or land
conservation 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.
new text end

new text begin (c) In making appointments to the council, appointing authorities shall consult
with hunting, fishing, wildlife, forestry, and land conservation groups and shall consider
geographic balance. Appointments to the council shall be made by February 1, 2009.
new text end

new text begin (d) 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 is as provided in section 15.0575.
new text end

new text begin (e) The first meeting of the council shall be convened by the chair of the Legislative
Coordinating Commission. 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 (f) Public membership terms are coterminous with the appointing authority and
legislative membership terms are at the pleasure of the appointing authority, except that
members shall serve on the council until their successors are appointed.
new text end

new text begin (g) 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 (h) The governor's appointments to the council are subject to the advice and consent
of the senate.
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, hunting, wildlife, forestry, and land conservation groups, shall develop a biennial
budget plan to recommend expenditures from the Lessard-heritage enhancement fund to
the legislature and the governor. The biennial budget plan shall include at least $5,000,000
in each fiscal year for a conservation partners program to provide matching grants of up to
$20,000 to local sporting and conservation clubs for the improvement, enhancement, and
protection of fish, game, wildlife, habitat, forestry, and land conservation. Approval of the
biennial budget plan for the Lessard-heritage enhancement fund requires an affirmative
vote of at least 11 members of the council.
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 Lessard-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 Lessard-heritage
enhancement fund, an agency or entity receiving an appropriation shall submit a work
program and quarterly progress reports for appropriations from the Lessard-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 Lessard-heritage enhancement fund, as appropriated by law.
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 Open meetings. new text end

new text begin (a) Meetings of the council and other groups the council
may establish must be open to the public. Except where prohibited by law, the council
shall establish additional processes to broaden public involvement in all aspects of its
deliberations. For the purposes of this subdivision, a meeting occurs when a quorum is
present and action is taken regarding a matter within the jurisdiction of the council.
new text end

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

new text begin Subd. 6. new text end

new text begin Council expiration. new text end

new text begin Subdivisions 2 to 5 expire on June 30, 2013, unless
extended by law.
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 2 is adopted by the voters.
new text end

Sec. 7.

new text begin [129D.17] CULTURAL LEGACY FUND; EXPENDITURES.
new text end

new text begin Subdivision 1. new text end

new text begin Fund. new text end

new text begin The cultural legacy fund is established in the Minnesota
Constitution, article XI, section 15. All money earned by the fund must be credited to
the fund.
new text end

new text begin Subd. 2. new text end

new text begin Expenditures. new text end

new text begin Subject to the appropriation by law, receipts to the fund
must be allocated as follows:
new text end

new text begin (1) 43 percent of the receipts may be spent only for grants to nonprofit art
organizations to be allocated by the Minnesota Board of the Arts; and
new text end

new text begin (2) 57 percent may be spent only to provide access to arts education for Minnesota
students through grants to schools and Minnesota-based nonprofit arts organizations
and to Minnesota historic sites.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, if the constitutional
amendment proposed in section 2 is adopted by the voters.
new text end

Sec. 8.

Minnesota Statutes 2006, section 297A.62, subdivision 1, is amended to read:


Subdivision 1.

Generally.

new text begin(a) new text endExcept as otherwise provided in new text beginthis subdivision or
in
new text end subdivision 2 or 3 or in this chapter, a sales tax of 6.5 percent is imposed on the gross
receipts from retail sales as defined in section 297A.61, subdivision 4, made in this state or
to a destination in this state by a person who is required to have or voluntarily obtains a
permit under section 297A.83, subdivision 1.

new text begin (b) The increased rate required under the Minnesota Constitution, article XI, section
15, shall be added to the rate imposed under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, if the constitutional
amendment proposed in section 2 is adopted by the voters.
new text end

Sec. 9.

Minnesota Statutes 2006, section 297A.94, is amended to read:


297A.94 DEPOSIT OF REVENUES.

(a) Except as provided in this sectionnew text begin and the Minnesota Constitution, article XI,
section 15
new text end, the commissioner shall deposit the revenues, including interest and penalties,
derived from the taxes imposed by this chapter in the state treasury and credit them to the
general fund.

(b) The commissioner shall deposit taxes in the Minnesota agricultural and economic
account in the special revenue fund if:

(1) the taxes are derived from sales and use of property and services purchased for
the construction and operation of an agricultural resource project; and

(2) the purchase was made on or after the date on which a conditional commitment
was made for a loan guaranty for the project under section 41A.04, subdivision 3.

The commissioner of finance shall certify to the commissioner the date on which the
project received the conditional commitment. The amount deposited in the loan guaranty
account must be reduced by any refunds and by the costs incurred by the Department of
Revenue to administer and enforce the assessment and collection of the taxes.

(c) The commissioner shall deposit the revenues, including interest and penalties,
derived from the taxes imposed on sales and purchases included in section 297A.61,
subdivision 3
, paragraph (g), clauses (1) and (4), in the state treasury, and credit them
as follows:

(1) first to the general obligation special tax bond debt service account in each fiscal
year the amount required by section 16A.661, subdivision 3, paragraph (b); and

(2) after the requirements of clause (1) have been met, the balance to the general
fund.

(d) The commissioner shall deposit the revenues, including interest and penalties,
collected under section 297A.64, subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall transfer to the highway user
tax distribution fund an amount equal to the excess fees collected under section 297A.64,
subdivision 5
, for the previous calendar year.

(e) For fiscal year 2001, 97 percent; for fiscal years 2002 and 2003, 87 percent; and
for fiscal year 2004 and thereafter, 72.43 percent of the revenues, including interest and
penalties, transmitted to the commissioner under section 297A.65, must be deposited by
the commissioner in the state treasury as follows:

(1) 50 percent of the receipts must be deposited in the heritage enhancement account
in the game and fish fund, and may be spent only on activities that improve, enhance, or
protect fish and wildlife resources, including conservation, restoration, and enhancement
of land, water, and other natural resources of the state;

(2) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only for state parks and trails;

(3) 22.5 percent of the receipts must be deposited in the natural resources fund, and
may be spent only on metropolitan park and trail grants;

(4) three percent of the receipts must be deposited in the natural resources fund, and
may be spent only on local trail grants; and

(5) two percent of the receipts must be deposited in the natural resources fund,
and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and
Conservatory, and the Duluth Zoo.

(f) The revenue dedicated under paragraph (e) may not be used as a substitute
for traditional sources of funding for the purposes specified, but the dedicated revenue
shall supplement traditional sources of funding for those purposes. Land acquired with
money deposited in the game and fish fund under paragraph (e) must be open to public
hunting and fishing during the open season, except that in aquatic management areas or
on lands where angling easements have been acquired, fishing may be prohibited during
certain times of the year and hunting may be prohibited. At least 87 percent of the money
deposited in the game and fish fund for improvement, enhancement, or protection of fish
and wildlife resources under paragraph (e) must be allocated for field operations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, if the constitutional
amendment proposed in section 2 is adopted by the voters.
new text end

Sec. 10.

Minnesota Statutes 2006, section 297B.02, subdivision 1, is amended to read:


Subdivision 1.

Rate.

There is imposed an excise tax at the rate provided in deleted text beginchapter
297A
deleted text endnew text begin section 297A.62, subdivision 1, paragraph (a),new text end on the purchase price of any motor
vehicle purchased or acquired, either in or outside of the state of Minnesota, which is
required to be registered under the laws of this state.

The excise tax is also imposed on the purchase price of motor vehicles purchased
or acquired on Indian reservations when the tribal council has entered into a sales tax on
motor vehicles refund agreement with the state of Minnesota.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, if the constitutional
amendment proposed in section 2 is adopted by the voters.
new text end