Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 66--S.F.No. 402
           An act relating to state government; implementing an 
          executive order transferring the state soil and water 
          conservation board from the department of natural 
          resources to the department of agriculture; amending 
          Minnesota Statutes 1982, section 40.03. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 40.03, is 
amended to read:  
    40.03 [STATE SOIL AND WATER CONSERVATION BOARD.] 
    Subdivision 1.  [MEMBERS.] There is hereby established, to 
serve as an agency within the department of natural resources 
agriculture and to perform the functions conferred upon it in 
this chapter, the state soil and water conservation board to be 
composed of 12 members, seven of whom shall be elected 
supervisors and the following five ex-officio members:  The 
director of the agricultural extension service of the University 
of Minnesota; the dean of the Institute of Agriculture of the 
University of Minnesota; the director of the pollution control 
agency; the commissioner of agriculture; and the commissioner of 
natural resources.  Each ex-officio member may designate a 
person within his organization to act in his stead as a member 
of the state board, with all his rights and privileges.  The 
designation shall be filed with the secretary of state.  The 
state board shall invite the state conservationist of the United 
States soil conservation service to serve as an advisory member. 
The state board may also invite a representative of the state 
association of soil and water conservation districts, the 
association of Minnesota counties, the league of Minnesota 
cities and any other organizations and appropriate agencies 
deemed necessary to serve as advisory members.  The seven 
members of the state board who are elected supervisors shall be 
appointed by the governor with the advice and consent of the 
senate.  In making these appointments the governor may consider 
persons recommended by the state association of soil and water 
conservation district.  One member shall be appointed from each 
department of natural resources region except that two members 
shall be appointed from region number one of the state board 
administrative regions. 
    Subd. 1a.  [TERMS, COMPENSATION, REMOVAL, VACANCIES.] The 
membership terms, compensation, removal of members, and filling 
of vacancies on the state board with respect to the 
non-ex-officio members shall be as provided in section 15.0575. 
    Subd. 2.  [EMPLOYEES.] The department of natural resources 
agriculture shall provide administrative functions of this 
section.  The commissioner of natural resources agriculture 
shall make available by separate budget to the state soil and 
water conservation board the staff services, funds for 
operation, and office space necessary for the administration and 
coordination of its functions.  The state board shall be 
responsible to the commissioner for reporting purposes in regard 
to staff functions and operations which relate to department 
activities. 
    The commissioner of natural resources agriculture shall, 
subject to approval of the state board, provide an 
administrative officer and other necessary permanent and 
temporary technical experts, agents and employees.  The state 
board shall determine the personnel's qualifications and duties, 
and recommend compensation to the commissioner of employee 
relations.  The state board may call upon the attorney general 
for necessary legal services.  It shall have authority to 
delegate to its chairman or to one or more of its other officers 
or members or administrative officer any of its own powers and 
duties it may deem proper.  The administrative officer is 
responsible to the state board and may be dismissed by the 
commissioner of natural resources agriculture only upon the 
advice and recommendation of the state board.  All permanent 
personnel of the state board are employees of the department of 
natural resources agriculture and are in the classified service 
of the state except as otherwise required by statute.  In order 
to perform its duties, the state board may request information 
from the supervising officer of any state agency or state 
institution of higher education, including the state 
universities, the community colleges, and the post-secondary 
vocational technical schools.  The supervising officer shall 
comply with the state board's request to the extent possible 
considering available appropriations and may assign agency or 
institution employees to compile existing information and to 
complete special reports, surveys, or studies concerning the 
problems specified in section 40.02. 
    Subd. 3.  [OFFICERS; QUORUM.] The state board shall 
designate its chairman, and may annually change its 
designation.  A member of the state board shall hold office so 
long as he shall retain the office by virtue of which he shall 
be serving on the state board.  A majority of the state board 
shall constitute a quorum, and the concurrence of a majority in 
any matter within their duties shall be required for its 
determination.  The state board shall keep a full and accurate 
record of its official actions.  The state board may hold any 
public hearings and promulgate rules necessary to execute its 
duties specified in this chapter.  The legislative auditor shall 
annually audit the books of the state board. 
    Subd. 4.  [POWERS AND DUTIES.] In addition to the powers 
and duties hereinafter conferred upon the state soil and water 
conservation board, it shall have the following powers and 
duties: 
    (1) Prepare and present to the commissioner of natural 
resources agriculture a budget to finance the activities of the 
state board and the districts and to administer any law 
appropriating funds to districts.  The board shall receive and 
disburse any grants made available to the state by the United 
States department of agriculture under the preferred program 
developed under United States Code, title 16, sections 2001 to 
2009; 
    (2) Offer any appropriate assistance to the supervisors of 
the districts in implementing any of their powers and programs.  
Any funds made available to a district for expenditures 
necessary for the operations of the district shall be a grant to 
the district to be used only for purposes authorized by the 
state board pursuant to law.  The soil and water conservation 
district may designate the board of county commissioners to act 
as the agent of the district to receive and expend these funds 
at the direction and with the approval of the board of 
supervisors of the district.  At least annually the state board 
shall audit, in a manner it prescribes, the expenditure of funds 
so granted; 
    (3) Keep the supervisors of each district informed of the 
activities and experience of all other districts and facilitate 
cooperation and an interchange of advice and experience among 
the districts; 
    (4) Coordinate the programs and activities of the districts 
with appropriate agencies by advice and consultation; 
    (5) Approve or disapprove the plans or programs of 
districts relating to the use of state funds administered by the 
state board; 
    (6) Secure the cooperation and assistance of the 
appropriate agencies in the work of the districts and to develop 
a program to advise and assist appropriate agencies in obtaining 
state and federal funds for erosion, sedimentation, flooding and 
agriculturally related pollution control programs; 
    (7) Develop and implement a comprehensive public 
information program concerning the districts' activities and 
programs, the problems and preventive practices of erosion, 
sedimentation, agriculturally related pollution, flood 
prevention, and the advantages of formation of districts in 
areas where their organization is desirable; 
    (8) Subdivide and consolidate districts without a hearing 
or a referendum so as to confine districts within county limits, 
provided that no district, when feasible and practicable, shall 
contain less than four full or fractional congressional 
townships; 
    (9) Assist in the implementation of a statewide program for 
inventorying and classification of the types of soils throughout 
the state as determined by the Minnesota cooperative soil survey;
    (10) Identify research needs and cooperate with other 
public agencies in research concerning the nature and extent of 
erosion, sedimentation, flooding and agriculturally related 
pollution, the amounts and sources of sediment and pollutants 
delivered to the waters of the state, and long term soil 
productivity; 
    (11) Develop programs to reduce or prevent soil erosion, 
sedimentation, flooding and agriculturally related pollution, 
including but not limited to structural and land-use management 
practices; 
    (12) Develop a system of priorities within the state to 
identify the erosion, flooding, sediment and agriculturally 
related pollution problem areas that are most severely in need 
of control systems; and 
    (13) Ensure compliance with statewide programs established 
by the state board pursuant to this section by advice, 
consultation, and approval of cost-sharing contracts with the 
districts.  
     Sec. 2.  [EFFECTIVE DATE.] 
     This act is effective retroactively on July 1, 1982. 
    Approved April 29, 1983