Minnesota Legislature
HF 1909
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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A bill for an act
relating to natural resources; proposing an amendment
to the Minnesota Constitution by adding a section to
article XI; dedicating the sales and use tax receipts
equal to a sales and use tax of one-fourth of one
percent on taxable sales and uses for natural resource
purposes; creating a game and fish heritage fund;
creating a clean water fund; establishing a Clean
Waters Council; amending Minnesota Statutes 2004,
section 297A.94; proposing coding for new law in
Minnesota Statutes, chapters 84; 103F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CONSTITUTIONAL AMENDMENT
Section 1. new text begin CONSTITUTIONAL AMENDMENT.
new text end
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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:
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Sec. 15. Beginning July 1, 2007, the state sales and use
tax receipts equal to the state sales and use tax of one-fourth
of one percent on sales and uses taxable under the general state
sales and use tax law, plus penalties and interest and reduced
by any refunds, are dedicated as follows: 50 percent of the
receipts shall be deposited in the game and fish heritage fund
and may be spent primarily to provide hunter and angler access
or improve, enhance, or protect game and fish habitat; and 50
percent of the receipts shall be deposited in the clean water
fund and may be spent only to protect and restore the state's
lakes, rivers, streams, wetlands, and groundwater. A game and
fish heritage fund and clean water 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. Easements acquired with money deposited in the game
and fish heritage fund under this section must be open to public
taking of fish and game during the open season.
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Sec. 2. new text begin SUBMISSION TO VOTERS.
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The proposed amendment shall be submitted to the people at
the 2006 general election. The question submitted shall be:
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"Shall the Minnesota Constitution be amended to provide
funding beginning July 1, 2007, to provide hunter and angler
access or improve, enhance, or protect game and fish habitat and
to protect and restore the state's lakes, rivers, streams,
wetlands, and groundwater by dedicating the sales and use tax
receipts equal to the state sales and use tax of one-fourth of
one percent on taxable sales?
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Yes .......
No ........"
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Sec. 3. new text begin EFFECTIVE DATE.
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Sections 1 and 2 apply to sales and uses occurring after
June 30, 2007.
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ARTICLE 2
CONFORMING CHANGES
Section 1.
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[84.946] GAME AND FISH HERITAGE FUND.
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The commissioner of natural resources, in cooperation with
the Board of Water and Soil Resources, shall submit
recommendations to the legislature by January 1 of each
odd-numbered year for expenditures from the game and fish
heritage fund. The recommendations must be for projects that
provide hunter and angler access or improve, enhance, or protect
game and fish habitat. Money in the fund may be appropriated
for the administrative costs of the commissioner and Board of
Water and Soil Resources under this section, but must not exceed
five percent of the total amount biannually appropriated from
the fund for nonadministrative costs.
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Sec. 2.
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[103F.765] CLEAN WATER FUND; EXPENDITURES; CLEAN
WATERS COUNCIL.
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new text begin Subdivision 1. new text end
new text begin Fund. new text end
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The clean water fund is established
in the Minnesota Constitution, article XI, section 15. All
money earned by the clean water fund must be credited to the
fund.
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new text begin Subd. 2. new text end
new text begin Expenditures. new text end
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Subject to appropriation, money
in the clean water fund may be spent only on:
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(1) monitoring, investigations, and analysis of the quality
of Minnesota's water resources;
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(2) state and local activities to protect, preserve, and
improve the quality of Minnesota's water resources; and
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(3) assistance to individuals and organizations for water
quality improvement projects.
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new text begin Subd. 3. new text end
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Clean waters council; membership;
appointment.
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A Clean Waters Council of 18 members is created.
The members of the council shall elect a chair from the
nonagency members of the council. The commissioners of natural
resources, agriculture, and the Pollution Control Agency, and
the executive director of the Board of Water and Soil Resources,
shall each appoint one person from their respective agency to
serve as a member of the council. The commissioner of the
Pollution Control Agency, in consultation with the other state
agencies represented on the council, shall appoint 14 additional
nonagency members of the council as follows:
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(1) two members representing statewide farm organizations;
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(2) two members representing business organizations;
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(3) two members representing environmental organizations;
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(4) one member representing soil and water conservation
districts;
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(5) one member representing watershed districts;
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(6) one member representing organizations focused on
improvement of Minnesota lakes or streams;
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(7) one member representing an organization of county
governments;
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(8) two members representing organizations of city
governments;
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(9) one member representing the Metropolitan Council
established under section 473.123; and
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(10) one member representing organizations of township
governments.
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new text begin Subd. 4. new text end
new text begin Administration. new text end
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Terms, compensation, removal,
and filling of vacancies for the council shall be as provided in
section 15.059, subdivisions 2, 3, and 4. Notwithstanding
section 15.059, subdivision 5, the council does not expire.
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new text begin Subd. 5. new text end
new text begin Recommendations on appropriation of funds. new text end
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The
Clean Waters Council shall recommend to the governor the manner
in which money from the clean water fund should be appropriated
for the purposes identified in subdivision 2.
new text end
new text begin Subd. 6. new text end
new text begin Biennial report to legislature. new text end
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By December 1
of each even-numbered year, the council shall submit a report to
the legislature on the activities for which money from the clean
water fund has been or will be spent for the current biennium
and the activities for which money from the account is
recommended to be spent in the next biennium.
new text end
new text begin Subd. 7. new text end
new text begin Council meetings. new text end
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Meetings of the council and
other groups the council may establish must be conducted in
accordance with chapter 13D. Except where prohibited by law,
the council shall establish additional processes to broaden
public involvement in all aspects of its deliberations.
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Sec. 3.
Minnesota Statutes 2004, section 297A.94, is
amended to read:
297A.94 DEPOSIT OF REVENUES.
(a) Except as provided in this section new text begin and the Minnesota
Constitution, article XI, section 15new 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.
Sec. 4. new text begin EFFECTIVE DATE.
new text end
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Sections 1 to 3 are effective July 1, 2007, if the
constitutional amendment proposed in article 1 is adopted by the
voters.
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