1.1 	A bill for an act
1.2 	proposing amendments to the Minnesota Constitution, article XI;  replacing 
1.3 	legacy amendment with funding for deficient roads and bridges and for clean 
1.4 	water; making conforming changes;amending Minnesota Statutes 2014, sections 
1.5 	10A.01, subdivision 35; 16A.0561; 84.992, subdivision 4; 114D.20, subdivision 
1.6 	6; 114D.30, subdivisions 5, 7; 160.266, subdivision 5; 290C.02, subdivision 6; 
1.7 	Minnesota Statutes 2015 Supplement, section 84.69, subdivision 1; repealing 
1.8 	Minnesota Statutes 2014, sections 3.303, subdivision 10; 3.9741, subdivision 3; 
1.9 	13D.08, subdivision 8; 85.53, subdivisions 1, 3, 4, 5; 85.535; 85.536; 97A.056, 
1.10 	subdivisions 1, 1a, 2, 3, 4, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19; 114D.30, 
1.11 	subdivision 6; 114D.50, subdivisions 1, 2, 3, 3a, 5, 6; 129D.17, subdivisions 1, 
1.12 	3, 4; 129D.18; 129D.19; Minnesota Statutes 2015 Supplement, sections 85.53, 
1.13 	subdivision 2; 97A.056, subdivisions 8, 11, 20, 21; 114D.50, subdivision 4; 
1.14 	129D.17, subdivision 2.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	ARTICLE 1
1.17 	CONSTITUTIONAL AMENDMENT

1.18 	Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
 1.19 	An amendment to the Minnesota Constitution is proposed to the people. If the 
1.20 	amendment is adopted, article XI, section 15, will be repealed.

1.21 	Sec. 2. CONSTITUTIONAL AMENDMENT PROPOSED.
 1.22 	An amendment to the Minnesota Constitution is proposed to the people. If the 
1.23 	amendment is adopted, a section shall be added to article XI, to read:

1.24 	Sec. 16. Beginning July 1, 2017, until June 30, 2034, the sales and use tax rate shall be 
1.25 	increased by three-eighths of one percent on sales and uses taxable under the general state 
1.26 	sales and use tax law. Receipts from the increase, plus penalties and interest and reduced 
2.1 	by any refunds, are dedicated, for the benefit of Minnesotans, to the following funds: 67 
2.2 	percent to the deficient roads and bridges fund and 33 percent to the clean water fund. 
2.3 	Money in the deficient roads and bridges fund must not be used for light rail transit 
2.4 	projects. Projects funded with money from the deficient roads and bridges fund must 
2.5 	benefit the state as a whole. Money dedicated to the deficient roads and bridges fund shall 
2.6 	be appropriated by law and used solely for the purposes specified in clauses (1) to (3): 
2.7 	(1) Money dedicated to the deficient roads and bridges fund must first be 
2.8 	appropriated to fund projects that improve or reconstruct structurally deficient bridges or 
2.9 	highways on the trunk highway system that do not meet minimum highway standards.
2.10 	(2) Once projects for deficient bridges and highways on the trunk highway system 
2.11 	are completely funded under clause (1), money dedicated to the deficient roads and bridges 
2.12 	fund must be appropriated for projects that increase permissible weight limits to 10-ton 
2.13 	axle weight or at least 97,000 pounds on entire spans of trunk highways within the state 
2.14 	boundaries. Only one trunk highway at a time may be improved under this clause, selected 
2.15 	on the basis of the most urgent need at the discretion of the commissioner of transportation.
2.16 	(3) Once all trunk highways have been improved according to clause (2), money 
2.17 	dedicated to the deficient roads and bridges funds must be appropriated for projects that 
2.18 	improve or reconstruct county state-aid highways, county highways, and township roads 
2.19 	that do not meet minimum highway standards, with priority given to highways that are 
2.20 	corridors of commerce and highways that connect to trunk highways completed under 
2.21 	clause (2).
2.22 	Ten percent of the money in the clean water fund must be appropriated by law 
2.23 	to local lake associations to slow the spread of aquatic invasive species. Sixty percent 
2.24 	of the money in the clean water fund must be appropriated by law for eradication of 
2.25 	aquatic invasive species and may be spent for private grants for development of aquatic 
2.26 	invasive species control methods. Twenty-five percent of the money in the clean water 
2.27 	fund must be appropriated by law for grants to monitor rivers and streams in the state, as 
2.28 	recommended by the senate and house of representatives committees having jurisdiction 
2.29 	over environment. Five percent of the money in the clean water fund must be appropriated 
2.30 	by law for administrative costs of recipients of money from the clean water fund and no 
2.31 	other money from the clean water fund may be used for this purpose. The legislature must 
2.32 	provide for a public accounting of money spent from the clean water fund, including a 
2.33 	record of outcomes. A recipient of clean water fund money that is found to be in violation 
2.34 	of the terms of an appropriation is ineligible for funding from the clean water fund for 
2.35 	two years and any money disbursed from the clean water fund must be repaid to the fund 
2.36 	before eligibility for future funding is restored.

3.1 	Sec. 3. SUBMISSION TO VOTERS.
 3.2 	The proposed amendments must be submitted to the people at the 2016 general 
3.3 	election. The question submitted must be:
3.4 	"Shall the Minnesota Constitution be amended to replace funding for outdoor 
3.5 	heritage, clean water, parks and trails, and arts and cultural heritage with funding for 
3.6 	deficient roads and bridges and clean water?

3.7

Yes 
........

3.8

No 
........

"

3.9 	Sec. 4. PROHIBITION ON STATE-FUNDED OPPOSITION.
 3.10 	No state funds from any source may be used to advertise against the constitutional 
3.11 	amendments proposed under sections 1 and 2. No state employee may publicly campaign 
3.12 	against the constitutional amendments proposed under sections 1 and 2. 

3.13 	ARTICLE 2
3.14 	CONFORMING AMENDMENTS

3.15 	Section 1. Minnesota Statutes 2014, section 10A.01, subdivision 35, is amended to read:
3.16 		Subd. 35.Public official. "Public official" means any:
3.17 	(1) member of the legislature;
3.18 	(2) individual employed by the legislature as secretary of the senate, legislative 
3.19 	auditor, chief clerk of the house of representatives, revisor of statutes, or researcher, 
3.20 	legislative analyst, fiscal analyst, or attorney in the Office of Senate Counsel, Research, 
3.21 	and Fiscal Analysis, House Research, or the House Fiscal Analysis Department;
3.22 	(3) constitutional officer in the executive branch and the officer's chief administrative 
3.23 	deputy;
3.24 	(4) solicitor general or deputy, assistant, or special assistant attorney general;
3.25 	(5) commissioner, deputy commissioner, or assistant commissioner of any state 
3.26 	department or agency as listed in section 15.01 or 15.06, or the state chief information 
3.27 	officer;
3.28 	(6) member, chief administrative officer, or deputy chief administrative officer of a 
3.29 	state board or commission that has either the power to adopt, amend, or repeal rules under 
3.30 	chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
3.31 	(7) individual employed in the executive branch who is authorized to adopt, amend, 
3.32 	or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
3.33 	(8) executive director of the State Board of Investment;
4.1 	(9) deputy of any official listed in clauses (7) and (8);
4.2 	(10) judge of the Workers' Compensation Court of Appeals;
4.3 	(11) administrative law judge or compensation judge in the State Office of 
4.4 	Administrative Hearings or unemployment law judge in the Department of Employment 
4.5 	and Economic Development;
4.6 	(12) member, regional administrator, division director, general counsel, or operations 
4.7 	manager of the Metropolitan Council;
4.8 	(13) member or chief administrator of a metropolitan agency;
4.9 	(14) director of the Division of Alcohol and Gambling Enforcement in the 
4.10 	Department of Public Safety;
4.11 	(15) member or executive director of the Higher Education Facilities Authority;
4.12 	(16) member of the board of directors or president of Enterprise Minnesota, Inc.;
4.13 	(17) member of the board of directors or executive director of the Minnesota State 
4.14 	High School League;
4.15 	(18) member of the Minnesota Ballpark Authority established in section 473.755;
4.16 	(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
4.17 	(20) manager of a watershed district, or member of a watershed management 
4.18 	organization as defined under section 103B.205, subdivision 13;
4.19 	(21) supervisor of a soil and water conservation district;
4.20 	(22) director of Explore Minnesota Tourism;
4.21 	(23) ~~citizen member of the Lessard-Sams Outdoor Heritage Council established~~ 
4.22 	~~in section 97A.056;~~
4.23 	~~(24)~~ citizen member of the Clean Water Council established in section 114D.30;
4.24 	~~(25)~~ (24) member or chief executive of the Minnesota Sports Facilities Authority 
4.25 	established in section 473J.07;
4.26 	~~(26)~~ (25) district court judge, appeals court judge, or Supreme Court justice;
4.27 	~~(27)~~ (26) county commissioner;
4.28 	~~(28)~~ (27) member of the Greater Minnesota Regional Parks and Trails Commission; or
4.29 	~~(29)~~ (28) member of the Destination Medical Center Corporation established in 
4.30 	section 469.41.

4.31 	Sec. 2. Minnesota Statutes 2014, section 16A.0561, is amended to read:
4.32 	16A.0561 MAPPED DATA ON EXPENDITURES.
4.33 	(a) Data on expenditure of money from the ~~funds~~ fund as specified under ~~sections~~ 
4.34 	~~3.303, subdivision 10, and~~ section116P.08 may, if practicable, be made available on the 
4.35 	Web in a manner that allows the public to obtain information about a project receiving an 
5.1 	appropriation by clicking on a map. To the extent feasible, the map should include or link 
5.2 	to information about each project, including, but not limited to, the location, the name 
5.3 	of the entity receiving the appropriation, the source of the appropriation, the amount of 
5.4 	money received, and a general statement of the purpose of the appropriation.
5.5 	(b) If requested, the Legislative Coordinating Commission may, to the extent 
5.6 	practicable, provide relevant executive branch agencies with public geospatial data that it 
5.7 	receives for its Web site ~~required under section 3.303, subdivision 10~~. The commissioner 
5.8 	may make this information available to the public in a similar manner as information 
5.9 	provided under paragraph (a).
5.10 	(c) In creating plans for public expenditures from all geographically locatable or 
5.11 	project based appropriations, prospective budget and project planning should consider 
5.12 	geographic and data reporting that would facilitate the goals of this section.

5.13 	Sec. 3. Minnesota Statutes 2015 Supplement, section 84.69, subdivision 1, is amended 
5.14 	to read:
5.15 		Subdivision 1.Account established; sources. The natural resources conservation 
5.16 	easement stewardship account is created in the special revenue fund. The account consists 
5.17 	of money credited to the account and interest and other earnings on money in the account. 
5.18 	The State Board of Investment must manage the account to maximize long-term gain. The 
5.19 	following revenue must be deposited in the natural resources conservation easement 
5.20 	stewardship account:
5.21 	(1) contributions to the account or specified for any purpose of the account;
5.22 	(2) contributions under subdivision 3; section 84.66, subdivision 11; or other 
5.23 	applicable law;
5.24 	(3) money appropriated for any of the purposes described in subdivision 2;
5.25 	(4) money appropriated for monitoring and enforcement of easements and earnings 
5.26 	on the money appropriated that revert to the state ~~under section 97A.056, subdivision~~ 
5.27 	~~17, or other applicable law~~; and
5.28 	(5) gifts under section 84.085 for conservation easement stewardship.

5.29 	Sec. 4. Minnesota Statutes 2014, section 84.992, subdivision 4, is amended to read:
5.30 		Subd. 4.Uniform patch. Uniforms worn by members of the Minnesota Naturalist 
5.31 	Corps must have a patch that includes the name of the Minnesota Naturalist Corps ~~and~~ 
5.32 	~~information that the program is funded by the clean water, land, and legacy amendment to~~ 
5.33 	~~the Minnesota Constitution adopted by the voters in November 2008~~.

6.1 	Sec. 5. Minnesota Statutes 2014, section 114D.20, subdivision 6, is amended to read:
6.2 		Subd. 6.Priorities for restoration of impaired waters. In implementing 
6.3 	restoration of impaired waters, in addition to the priority considerations in subdivision 5, 
6.4 	the Clean Water Council shall give priority in its recommendations for restoration funding 
6.5 	~~from the clean water fund~~ to restoration projects that:
6.6 	(1) coordinate with and utilize existing local authorities and infrastructure for 
6.7 	implementation;
6.8 	(2) can be implemented in whole or in part by providing support for existing or 
6.9 	ongoing restoration efforts;
6.10 	(3) most effectively leverage other sources of restoration funding, including federal, 
6.11 	state, local, and private sources of funds;
6.12 	(4) show a high potential for early restoration and delisting based upon scientific 
6.13 	data developed through public agency or citizen monitoring or other means; and
6.14 	(5) show a high potential for long-term water quality and related conservation 
6.15 	benefits.

6.16 	Sec. 6. Minnesota Statutes 2014, section 114D.30, subdivision 5, is amended to read:
6.17 		Subd. 5.Implementation plan. The Clean Water Council shall recommend a plan 
6.18 	for implementation of this chapter ~~and the provisions of article XI, section 15, of the~~ 
6.19 	~~Minnesota Constitution relating to clean water~~. The recommended plan shall address 
6.20 	general procedures and time frames for implementing this chapter, and shall include a 
6.21 	more specific implementation work plan for the next fiscal biennium and a framework for 
6.22 	setting priorities to address impaired waters consistent with section 114D.20, subdivisions 
6.23 	2 to 7. The council shall issue a revised plan by December 1 of each even-numbered year.

6.24 	Sec. 7. Minnesota Statutes 2014, section 114D.30, subdivision 7, is amended to read:
6.25 		Subd. 7.Biennial report to legislature. By December 1 of each even-numbered 
6.26 	year, the council shall submit a report to the legislature on the activities for which money 
6.27 	has been or will be spent for the current biennium, the activities for which money is 
6.28 	recommended to be spent in the next biennium, and the impact on economic development 
6.29 	of the implementation of efforts to protect and restore groundwater and the impaired 
6.30 	waters program. The report due on December 1, 2014, must include an evaluation of the 
6.31 	progress made through June 30, 2014, in implementing this chapter ~~and the provisions of~~ 
6.32 	~~article XI, section 15, of the Minnesota Constitution relating to clean water~~, the need for 
6.33 	funding of future implementation, and recommendations for the sources of funding.

7.1 	Sec. 8. Minnesota Statutes 2014, section 160.266, subdivision 5, is amended to read:
7.2 		Subd. 5.Funding. Bicycle paths included within the bikeway and not administered 
7.3 	by the commissioner of natural resources are eligible for funding from the environment 
7.4 	and natural resources trust fund under chapter 116P, ~~from the parks and trails grant~~ 
7.5 	~~program under section 85.535,~~ from the local recreation grants program under section 
7.6 	85.019, subdivision 4b, and from other sources.

7.7 	Sec. 9. Minnesota Statutes 2014, section 290C.02, subdivision 6, is amended to read:
7.8 		Subd. 6.Forest land. "Forest land" means land containing a minimum of 20 
7.9 	contiguous acres for which the owner has implemented a forest management plan that was 
7.10 	prepared or updated within the past ten years by an approved plan writer. For purposes of 
7.11 	this subdivision, acres are considered to be contiguous even if they are separated by a road, 
7.12 	waterway, railroad track, or other similar intervening property. At least 50 percent of the 
7.13 	contiguous acreage must meet the definition of forest land in section 88.01, subdivision 
7.14 	7. For the purposes of sections 290C.01 to 290C.11, forest land does not include (i) land 
7.15 	used for residential or agricultural purposes, (ii) land enrolled in the reinvest in Minnesota 
7.16 	program, a state or federal conservation reserve or easement reserve program under sections 
7.17 	103F.501 to 103F.531, the Minnesota agricultural property tax law under section 273.111, 
7.18 	or land subject to agricultural land preservation controls or restrictions as defined in section 
7.19 	40A.02 or under the Metropolitan Agricultural Preserves Act under chapter 473H, (iii) 
7.20 	land exceeding 60,000 acres that is subject to a single conservation easement funded under 
7.21 	Minnesota Statutes 2014, section 97A.056, or a comparable permanent easement conveyed 
7.22 	to a governmental or nonprofit entity; (iv) any land that becomes subject to a conservation 
7.23 	easement funded under Minnesota Statutes 2014, section 97A.056, or a comparable 
7.24 	permanent easement conveyed to a governmental or nonprofit entity after May 30, 2013; 
7.25 	or (v) land improved with a structure, pavement, sewer, campsite, or any road, other than a 
7.26 	township road, used for purposes not prescribed in the forest management plan.

7.27 	Sec. 10.  REPEALER.
 7.28 	(a) Minnesota Statutes 2014, sections 3.303, subdivision 10; 3.9741, subdivision 
7.29 	3; 13D.08, subdivision 8; 85.53, subdivisions 1, 3, 4, and 5; 85.535; 85.536; 97A.056, 
7.30 	subdivisions 1, 1a, 2, 3, 4, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17, 18, and 19; 114D.30, 
7.31 	subdivision 6; 114D.50, subdivisions 1, 2, 3, 3a, 5, and 6; 129D.17, subdivisions 1, 3, and 
7.32 	4; 129D.18; and 129D.19, are repealed.
8.1 	(b) Minnesota Statutes 2015 Supplement, sections 85.53, subdivision 2; 97A.056, 
8.2 	subdivisions 8, 11, 20, and 21; 114D.50, subdivision 4; and 129D.17, subdivision 2, are 
8.3 	repealed.

8.4 	Sec. 11. EFFECTIVE DATE.
 8.5 	Sections 1 to 10 are effective upon adoption of the constitutional amendment under 
8.6 	article 1, section 1.