1.1 	A bill for an act
1.2 	relating to natural resources; proposing an amendment
1.3 	to the Minnesota Constitution by adding a section to
1.4 	article XI; dedicating the sales and use tax receipts
1.5 	equal to a sales and use tax of one-fourth of one
1.6 	percent on taxable sales and uses for natural resource
1.7 	purposes; creating a heritage enhancement fund;
1.8 	creating a clean water fund; establishing a Heritage
1.9 	Enhancement Council; establishing a Clean Waters
1.10 	Council; providing appointments; amending Minnesota
1.11 	Statutes 2004, section 10A.01, subdivision 35;
1.12 	proposing coding for new law in Minnesota Statutes,
1.13 	chapters 97A; 103F.
1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	ARTICLE 1
1.16 	CONSTITUTIONAL AMENDMENT

1.17 	Section 1. CONSTITUTIONAL AMENDMENT.
 1.18 	An amendment to the Minnesota Constitution is proposed to
1.19 	the people.  If the amendment is adopted, a section will be
1.20 	added to article XI, to read:
1.21 	Sec. 15.  Beginning July 1, 2007, until June 30, 2032, the
1.22 	state sales and use tax receipts equal to the state sales and
1.23 	use tax of one-fourth of one percent on sales and uses taxable
1.24 	under the general state sales and use tax law, plus penalties
1.25 	and interest and reduced by any refunds, are dedicated as
1.26 	follows:  50 percent of the receipts shall be deposited in the
1.27 	heritage enhancement fund and may be spent only to improve,
1.28 	enhance, or protect the state's fish, wildlife, habitat, and
1.29 	fish and wildlife tourism; and 50 percent of the receipts shall
2.1 	be deposited in the clean water fund and may be spent only on
2.2 	protection and restoration of the state's lakes, rivers,
2.3 	streams, wetlands, and groundwater.  A heritage enhancement fund
2.4 	and clean water fund are created in the state treasury.  The
2.5 	money dedicated under this section shall be appropriated by
2.6 	law.  The money dedicated under this section shall not be used
2.7 	as a substitute for traditional funding sources for the purposes
2.8 	specified, but the dedicated money shall supplement traditional
2.9 	sources of funding for those purposes.  Land acquired in fee
2.10 	with money deposited in the heritage enhancement fund under this
2.11 	section must be open to public taking of fish and game during
2.12 	the open season unless otherwise provided by law.

2.13 	Sec. 2. SUBMISSION TO VOTERS.
 2.14 	The proposed amendment shall be submitted to the people at
2.15 	the 2006 general election.  The question submitted shall be:
2.16 	"Shall the Minnesota Constitution be amended to provide
2.17 	funding beginning July 1, 2007, to improve, enhance, or protect
2.18 	the state's fish, wildlife, habitat, and fish and wildlife
2.19 	tourism and to protect and restore the state's lakes, rivers,
2.20 	streams, wetlands, and groundwater by dedicating the sales and
2.21 	use tax receipts equal to the state sales and use tax of
2.22 	one-fourth of one percent on taxable sales until the year 2032? 
2.23 	Yes .......
2.24 	                                   No ........" 

2.25 	Sec. 3. EFFECTIVE DATE.
 2.26 	Sections 1 and 2 apply to sales and uses occurring after
2.27 	June 30, 2007.

2.28 	ARTICLE 2
2.29 	CONFORMING CHANGES

2.30 	Section 1. Minnesota Statutes 2004, section 10A.01,
2.31 	subdivision 35, is amended to read:
2.32 		Subd. 35.Public official.  "Public official" means any:
2.33 	(1) member of the legislature;
2.34 	(2) individual employed by the legislature as secretary of
2.35 	the senate, legislative auditor, chief clerk of the house,
2.36 	revisor of statutes, or researcher, legislative analyst, or
3.1 	attorney in the Office of Senate Counsel and Research or House
3.2 	Research;
3.3 	(3) constitutional officer in the executive branch and the
3.4 	officer's chief administrative deputy;
3.5 	(4) solicitor general or deputy, assistant, or special
3.6 	assistant attorney general;
3.7 	(5) commissioner, deputy commissioner, or assistant
3.8 	commissioner of any state department or agency as listed in
3.9 	section 15.01 or 15.06;
3.10 	(6) member, chief administrative officer, or deputy chief
3.11 	administrative officer of a state board or commission that has
3.12 	either the power to adopt, amend, or repeal rules under chapter
3.13 	14, or the power to adjudicate contested cases or appeals under
3.14 	chapter 14;
3.15 	(7) individual employed in the executive branch who is
3.16 	authorized to adopt, amend, or repeal rules under chapter 14 or
3.17 	adjudicate contested cases under chapter 14;
3.18 	(8) executive director of the State Board of Investment;
3.19 	(9) deputy of any official listed in clauses (7) and (8);
3.20 	(10) judge of the Workers' Compensation Court of Appeals;
3.21 	(11) administrative law judge or compensation judge in the
3.22 	State Office of Administrative Hearings or referee in the
3.23 	Department of Employment and Economic Development;
3.24 	(12) member, regional administrator, division director,
3.25 	general counsel, or operations manager of the metropolitan
3.26 	council;
3.27 	(13) member or chief administrator of a metropolitan
3.28 	agency;
3.29 	(14) director of the Division of Alcohol and Gambling
3.30 	Enforcement in the Department of Public Safety;
3.31 	(15) member or executive director of the Higher Education
3.32 	Facilities Authority;
3.33 	(16) member of the board of directors or president of
3.34 	Minnesota Technology, Inc.; or 
3.35 	(17) member of the board of directors or executive director
3.36 	of the Minnesota State High School League; or 
4.1 	(18) member of the Heritage Enhancement Council.

4.2 	Sec. 2. [97A.056] HERITAGE ENHANCEMENT FUND; HERITAGE
4.3 	ENHANCEMENT COUNCIL.
4.4 		Subdivision 1.Heritage enhancement fund. The heritage
4.5 	enhancement fund is established in the Minnesota Constitution,
4.6 	article XI, section 15.  All money earned by the heritage
4.7 	enhancement fund must be credited to the fund.  At least 97
4.8 	percent of the money appropriated from the fund must be spent on
4.9 	specific fish, wildlife, habitat, and fish and wildlife tourism
4.10 	projects.
4.11 		Subd. 2.Heritage enhancement council. (a) A Heritage
4.12 	Enhancement Council of 11 members is created, consisting of:
4.13 	(1) two members of the senate appointed by the senate
4.14 	Subcommittee on Committees of the Committee on Rules and
4.15 	Administration;
4.16 	(2) two members of the house of representatives appointed
4.17 	by the speaker of the house;
4.18 	(3) two public members representing hunting, fishing, and
4.19 	wildlife interests appointed by the senate Subcommittee on
4.20 	Committees of the Committee on Rules and Administration;
4.21 	(4) two public members representing hunting, fishing, and
4.22 	wildlife interests appointed by the speaker of the house; and 
4.23 	(5) three public members representing hunting, fishing, and
4.24 	wildlife interests appointed by the governor.
4.25 	(b) Legislative members appointed under paragraph (a),
4.26 	clauses (1) and (2), serve as nonvoting members.  One member
4.27 	from the senate and one member from the house of representatives
4.28 	must be from the minority caucus.  Legislative members are
4.29 	entitled to reimbursement for per diem expenses plus travel
4.30 	expenses incurred in the services of the council.  The removal
4.31 	and, beginning July 1, 2007, the compensation of public members
4.32 	are as provided in section 15.0575.
4.33 	(c) Members shall elect a chair, vice-chair, secretary, and
4.34 	other officers as determined by the council.  The chair may
4.35 	convene meetings as necessary to conduct the duties prescribed
4.36 	by this section.
5.1 	(d) Membership terms are two years, except that members
5.2 	shall serve on the council until their successors are appointed.
5.3 	(e) Vacancies occurring on the council do not affect the
5.4 	authority of the remaining members of the council to carry out
5.5 	their duties.  Vacancies shall be filled in the same manner as
5.6 	under paragraph (a).
5.7 		Subd. 3.Duties of the council. (a) The council, in
5.8 	consultation with statewide and local fishing, forestry,
5.9 	hunting, and wildlife groups, shall develop a biennial budget
5.10 	plan for expenditures from the heritage enhancement fund.  The
5.11 	biennial budget plan may include grants to statewide and local
5.12 	fishing, forestry, hunting, and wildlife groups to improve,
5.13 	enhance, or protect fish and wildlife resources.
5.14 	(b) In the biennial budget submitted to the legislature,
5.15 	the governor shall submit separate budget detail for planned
5.16 	expenditures from the heritage enhancement fund as recommended
5.17 	by the council.
5.18 	(c) As a condition of acceptance of an appropriation from
5.19 	the heritage enhancement fund, an agency or entity receiving an
5.20 	appropriation shall submit a work program and quarterly progress
5.21 	reports for appropriations from the heritage enhancement fund to
5.22 	the Heritage Enhancement Council in the form determined by the
5.23 	council.
5.24 		Subd. 4.Council administration. (a) The council may
5.25 	employ personnel and contract with consultants as necessary to
5.26 	carry out functions and duties of the council.  Permanent
5.27 	employees shall be in the unclassified service.  The council may
5.28 	request staff assistance, legal opinion, and data from agencies
5.29 	of state government as needed for the execution of the
5.30 	responsibilities of the council.
5.31 	(b) Beginning July 1, 2007, the administrative expenses of
5.32 	the council shall be paid from the heritage enhancement fund.
5.33 	(c) A council member or an employee of the council may not
5.34 	participate in or vote on a decision of the council relating to
5.35 	an organization in which the member or employee has either a
5.36 	direct or indirect personal financial interest.  While serving
6.1 	on or employed by the council, a person shall avoid any
6.2 	potential conflict of interest.
6.3 		Subd. 5.Council meetings. Meetings of the council and
6.4 	other groups the council may establish must be conducted in
6.5 	accordance with chapter 13D.  Except where prohibited by law,
6.6 	the council shall establish additional processes to broaden
6.7 	public involvement in all aspects of its deliberations.

6.8 	Sec. 3. [103F.765] CLEAN WATER FUND; EXPENDITURES; CLEAN
6.9 	WATERS COUNCIL.
6.10 		Subdivision 1.Fund. The clean water fund is established
6.11 	in the Minnesota Constitution, article XI, section 15.  All
6.12 	money earned by the clean water fund must be credited to the
6.13 	fund.
6.14 		Subd. 2.Expenditures. Subject to appropriation, money
6.15 	in the clean water fund may be spent only on:
6.16 	(1) monitoring, investigations, and analysis of the quality
6.17 	of Minnesota's water resources;
6.18 	(2) state and local activities to protect, preserve, and
6.19 	improve the quality of Minnesota's water resources; and 
6.20 	(3) assistance to individuals and organizations for water
6.21 	quality improvement projects.
6.22 		Subd. 3.Clean waters council; membership;
6.23 	appointment. A Clean Waters Council of 18 members is created on
6.24 	January 5, 2007.  The members of the council shall elect a chair
6.25 	from the nonagency members of the council.  The commissioners of
6.26 	natural resources, agriculture, and the Pollution Control
6.27 	Agency, and the executive director of the Board of Water and
6.28 	Soil Resources, shall each appoint one person from their
6.29 	respective agency to serve as a member of the council.  The
6.30 	commissioner of the Pollution Control Agency, in consultation
6.31 	with the other state agencies represented on the council, shall
6.32 	appoint 14 additional nonagency members of the council as
6.33 	follows:
6.34 	(1) two members representing statewide farm organizations;
6.35 	(2) two members representing business organizations;
6.36 	(3) two members representing environmental organizations;
7.1 	(4) one member representing soil and water conservation
7.2 	districts;
7.3 	(5) one member representing watershed districts;
7.4 	(6) one member representing organizations focused on
7.5 	improvement of Minnesota lakes or streams;
7.6 	(7) one member representing an organization of county
7.7 	governments;
7.8 	(8) two members representing organizations of city
7.9 	governments;
7.10 	(9) one member representing the Metropolitan Council
7.11 	established under section 473.123; and 
7.12 	(10) one member representing organizations of township
7.13 	governments.
7.14 		Subd. 4.Administration. Terms, compensation, removal,
7.15 	and filling of vacancies for the council shall be as provided in
7.16 	section 15.059, subdivisions 2, 3, and 4. Notwithstanding
7.17 	section 15.059, subdivision 5, the council does not expire.
7.18 		Subd. 5.Recommendations on appropriation of funds. The
7.19 	Clean Waters Council shall recommend to the governor the manner
7.20 	in which money from the clean water fund should be appropriated
7.21 	for the purposes identified in subdivision 2.
7.22 		Subd. 6.Biennial report to legislature. By December 1
7.23 	of each even-numbered year, the council shall submit a report to
7.24 	the legislature on the activities for which money from the clean
7.25 	water fund has been or will be spent for the current biennium
7.26 	and the activities for which money from the account is
7.27 	recommended to be spent in the next biennium.
7.28 		Subd. 7.Council meetings. Meetings of the council and
7.29 	other groups the council may establish must be conducted in
7.30 	accordance with chapter 13D.  Except where prohibited by law,
7.31 	the council shall establish additional processes to broaden
7.32 	public involvement in all aspects of its deliberations.

7.33 	Sec. 4. EFFECTIVE DATE.
 7.34 	This article is effective November 15, 2006, if the
7.35 	constitutional amendment proposed in article 1 is adopted by the
7.36 	voters.