Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 343-S.F.No. 621 
           An act relating to the environment; clarifying and 
          correcting provisions relating to the legislative 
          commission on Minnesota resources and the Minnesota 
          environmental and natural resources trust fund; 
          providing for transfer of funds relating to the 
          midwest native plant center; amending Minnesota 
          Statutes 1990, sections 116P.04, subdivision 5; 
          116P.05; 116P.06; 116P.07; 116P.08, subdivisions 3 and 
          4; 116P.09, subdivisions 2, 4, and 7.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 116P.04, 
subdivision 5, is amended to read: 
    Subd. 5.  [AUDITS REQUIRED.] (a) The commission shall 
select a certified public accountant annually to audit the trust 
fund.  The audit must be given to the governor and the 
legislature and be available to the public. 
    (b) The legislative auditor shall audit trust fund 
expenditures to ensure that the money is spent for the purposes 
provided in the commission's budget plan. 
     Sec. 2.  Minnesota Statutes 1990, section 116P.05, is 
amended to read: 
    116P.05 [LEGISLATIVE COMMISSION ON MINNESOTA RESOURCES.] 
    Subdivision 1.  [MEMBERSHIP.] (a) A legislative commission 
on Minnesota resources of 16 members is created, consisting of 
the chairs of the house and senate committees on environment and 
natural resources or designees appointed for the terms of the 
chairs, the chairs of the house appropriations and senate 
finance committees or designees appointed for the terms of the 
chairs, six members of the senate appointed by the subcommittee 
on committees of the committee on rules and administration, and 
six members of the house appointed by the speaker.  The 
commission shall develop a budget plan for expenditures from the 
trust fund and shall adopt a strategic plan as provided in 
section 116P.08. 
    (b) The commission shall recommend expenditures to the 
legislature from the Minnesota future resources account under 
section 116P.13.  At least two members from the senate and two 
members from the house 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) (b) Members shall appoint a chair who shall preside and 
convene meetings as often as necessary to conduct duties 
prescribed by this chapter. 
    (d) (c) Members shall serve on the commission until their 
successors are appointed. 
    (e) (d) 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 in the 
same manner under paragraph (a). 
    Subd. 2.  [DUTIES.] (a) The commission shall recommend a 
budget plan for expenditures from the environment and natural 
resources trust fund and shall adopt a strategic plan as 
provided in section 116P.08.  
     (b) The commission shall recommend expenditures to the 
legislature from the Minnesota future resources fund under 
section 116P.13.  
    (c) It is a condition of acceptance of the appropriations 
made from the Minnesota future resources fund, Minnesota 
environment and natural resources trust fund, and oil overcharge 
money under Minnesota Statutes, section 4.071, subdivision 2, 
that the agency or entity receiving the appropriation must 
submit a work program and semiannual progress reports in the 
form determined by the legislative commission on Minnesota 
resources.  None of the money provided may be spent unless the 
commission has approved the pertinent work program. 
    (f) (d) The commission may adopt bylaws and operating 
procedures to fulfill their duties under sections 116P.01 to 
116P.13. 
    Sec. 3.  Minnesota Statutes 1990, section 116P.06, is 
amended to read: 
    116P.06 [ADVISORY COMMITTEE.] 
    Subdivision 1.  [MEMBERSHIP.] (a) An advisory committee of 
11 citizen members shall be appointed by the governor to advise 
the legislative commission on Minnesota resources on project 
proposals to receive funding from the trust fund and the 
development of budget and strategic plans.  The governor shall 
appoint at least one member from each congressional district.  
The governor shall appoint the chair. 
    (b) The governor's appointees must be confirmed with the 
advice and consent of the senate.  The membership terms, 
compensation, removal, and filling of vacancies for citizen 
members of the advisory committee are governed by section 
15.0575. 
    Subd. 2.  [DUTIES.] (a) The advisory committee shall:  
    (1) prepare and submit to the commission a draft strategic 
plan to guide expenditures from the trust fund; 
    (2) review the reinvest in Minnesota program during 
development of the draft strategic plan; 
    (3) gather input from the resources congress during 
development of the draft strategic plan; 
    (4) advise the commission on project proposals to receive 
funding from the trust fund; and 
    (5) advise the commission on development of the budget plan.
    (b) The advisory committee may review all project proposals 
for funding and may make recommendations to the commission on 
whether the projects:  
    (1) meet the standards and funding categories set forth in 
sections 116P.01 to 116P.12; 
    (2) duplicate existing federal, state, or local projects 
being conducted within the state; and 
    (3) are consistent with the most recent strategic plan 
adopted by the commission. 
    Sec. 4.  Minnesota Statutes 1990, section 116P.07, is 
amended to read: 
    116P.07 [RESOURCES CONGRESS.] 
    The commission must convene a resources congress at least 
once every biennium and shall develop procedures for the 
congress.  The congress must be open to all interested 
individuals.  The purpose of the congress is to collect public 
input necessary to allow the commission, with the advice of the 
advisory committee, to develop a strategic plan to guide 
expenditures from the trust fund.  The congress also may be 
convened to receive and review reports on trust fund 
projects.  The congress shall also review the reinvest in 
Minnesota program. 
    Sec. 5.  Minnesota Statutes 1990, section 116P.08, 
subdivision 3, is amended to read: 
    Subd. 3.  [STRATEGIC PLAN REQUIRED.] (a) The commission 
shall adopt a strategic plan for making expenditures from the 
trust fund, including identifying the priority areas for funding 
for the next six years.  The reinvest in Minnesota program must 
be reviewed by the advisory committee, resources congress, and 
commission during the development of the strategic plan.  The 
strategic plan must be updated every two years.  The plan is 
advisory only.  The commission shall submit the plan, as a 
recommendation, to the house of representatives appropriations 
and senate finance committees by January 1 of each odd-numbered 
year. 
    (b) The advisory committee shall work with the resources 
congress to develop a draft strategic plan to be submitted to 
the commission for approval.  The commission shall develop the 
procedures for the resources congress. 
    (c) The commission may accept or modify the draft of the 
strategic plan submitted to it by the advisory committee before 
voting on the plan's adoption. 
    Sec. 6.  Minnesota Statutes 1990, section 116P.08, 
subdivision 4, is amended to read: 
    Subd. 4.  [BUDGET PLAN.] (a) Funding may be provided only 
for those projects that meet the categories established in 
subdivision 1. 
    (b) Projects submitted to the commission for funding may be 
referred to the advisory committee for recommendation, except 
that research proposals first must be reviewed by the peer 
review panel.  The advisory committee may review all project 
proposals for funding and may make recommendations to the 
commission on whether: 
    (1) the projects meet the standards and funding categories 
set forth in sections 116P.01 to 116P.12; 
    (2) the projects duplicate existing federal, state, or 
local projects being conducted within the state; and 
    (3) the projects are consistent with the most recent 
strategic plan adopted by the commission. 
    (c) The commission must adopt a budget plan to make 
expenditures from the trust fund for the purposes provided in 
subdivision 1.  The budget plan must be submitted to the 
governor for inclusion in the biennial budget and supplemental 
budget submitted to the legislature. 
    (d) Money in the trust fund may not be spent except under 
an appropriation by law.  
    Sec. 7.  Minnesota Statutes 1990, section 116P.09, 
subdivision 2, is amended to read: 
    Subd. 2.  [LIAISON OFFICERS.] The commission shall request 
each department or agency head of all state agencies with a 
direct interest and responsibility in any phase of environment 
and natural resources to appoint, and the latter shall appoint 
for the agency, a liaison officer who shall work closely with 
the commission and its staff.  The designated liaison officer 
shall attend all meetings of the advisory committee to provide 
assistance and information to committee members when necessary. 
    Sec. 8.  Minnesota Statutes 1990, section 116P.09, 
subdivision 4, is amended to read: 
    Subd. 4.  [PERSONNEL.] Persons who are employed by a state 
agency to work on a project and are paid by an appropriation 
from the trust fund or Minnesota future resources account fund 
are in the unclassified civil service, and their continued 
employment is contingent upon the availability of money from the 
appropriation.  When the appropriation has been spent, their 
positions must be canceled and the approved complement of the 
agency reduced accordingly.  Part-time employment of persons for 
a project is authorized.  
    Sec. 9.  Minnesota Statutes 1990, section 116P.09, 
subdivision 5, is amended to read: 
    Subd. 5.  [ADMINISTRATIVE EXPENSE.] (a) The administrative 
expenses of the commission and advisory committee shall be paid 
from the Minnesota future resources account until June 30, 1995. 
shall be paid from the various funds administered by the 
commission as follows: 
    (b) After June 30, 1995, the expenses of the commission and 
advisory committee combined may not exceed an amount equal to 
two percent of the total earnings of the trust fund in the 
preceding fiscal year.  (1) Through June 30, 1993, the 
administrative expenses of the commission and the advisory 
committee shall be paid from the Minnesota future resources 
fund.  After that time, the prorated expenses related to 
administration of the trust fund shall be paid from the earnings 
of the trust fund. 
    (c) The commission and the advisory committee must include 
a reasonable amount for their administrative expense in the 
budget plan for the trust fund.  (2) After June 30, 1993, the 
prorated expenses related to administration of the trust fund 
may not exceed an amount equal to four percent of the projected 
earnings of the trust fund for the biennium. 
    Sec. 10.  Minnesota Statutes 1990, section 116P.09, 
subdivision 7, is amended to read: 
    Subd. 7.  [REPORT REQUIRED.] The commission shall, by July 
1 January 15 of each even-numbered odd-numbered year, submit a 
report to the governor, the chairs of the house appropriations 
and senate finance committees, and the chairs of the house and 
senate committees on environment and natural resources.  Copies 
of the report must be available to the public.  The report must 
include: 
    (1) a copy of the current strategic plan; 
    (2) a description of each project receiving money from the 
trust fund and Minnesota future resources account fund during 
the preceding two years biennium; 
    (3) a summary of any research project completed in the 
preceding two years biennium; 
    (4) recommendations to implement successful projects and 
programs into a state agency's standard operations; 
    (5) to the extent known by the commission, descriptions of 
the projects anticipated to be supported by the trust fund and 
Minnesota future resources account during the next two years 
biennium; 
    (6) the source and amount of all revenues collected and 
distributed by the commission, including all administrative and 
other expenses; 
    (7) a description of the trust fund's assets and 
liabilities of the trust fund and the Minnesota future resources 
fund; 
    (8) any findings or recommendations that are deemed proper 
to assist the legislature in formulating legislation; 
    (9) a list of all gifts and donations with a value over 
$1,000; 
    (10) a comparison of the amounts spent by the state for 
environment and natural resources activities through the most 
recent fiscal year; and 
    (11) a copy of the most recent certified financial and 
compliance audit. 
    Sec. 11.  [NATIVE PLANT CENTER GRANT TRANSFER.] 
    Any remaining balance of the grant made in Laws 1989, 
chapter 335, article 1, section 8, for the establishment and 
operation of a midwest native plant center and any property 
acquired through that grant shall be transferred by June 1, 
1991, to the commissioner of natural resources to be 
administered consistent with the purposes of the original grant. 
    Presented to the governor May 31, 1991 
    Signed by the governor June 4, 1991, 8:49 p.m.