Minnesota Legislature
SF 1809
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
1.17 1.18 1.19 1.20
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4.29 4.30 4.31 4.32 4.33 4.34
4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22
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6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15
7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 8.36 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 9.36 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15
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11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30
11.31 11.32 11.33 11.34 11.35 11.36 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 12.36 13.1 13.2 13.3
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15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32
15.33 15.34 15.35 15.36 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8
16.9 16.10 16.11 16.12 16.13 16.14
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A bill for an act
relating to natural resources; creating the Minnesota
Conservation Heritage Foundation; eliminating the
Legislative Commission on Minnesota Resources;
providing for disposition of certain revenues;
appropriating money; amending Minnesota Statutes 2004,
sections 116P.02, by adding a subdivision; 116P.03;
116P.04, subdivision 5; 116P.07; 116P.08, subdivisions
3, 5, 6, 7, by adding a subdivision; 116P.09; 116P.10;
116P.11; 116P.12, subdivision 2; 116P.14, subdivision
2; 116P.15, subdivision 2; 168.1296, subdivision 5;
297A.94; proposing coding for new law in Minnesota
Statutes, chapter 116P; repealing Minnesota Statutes
2004, sections 116P.02, subdivision 2 and 5; 116P.05;
116P.06; 116P.08, subdivisions 1, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 116P.02, is
amended by adding a subdivision to read:
new text begin Subd. 4a. new text end
new text begin Foundation. new text end
new text begin
"Foundation" means the Minnesota
Conservation Heritage Foundation created under section 116P.061.
new text end
Sec. 2.
Minnesota Statutes 2004, section 116P.03, is
amended to read:
116P.03 TRUST FUND NOT TO SUPPLANT EXISTING FUNDING.
deleted text begin
(a) deleted text end The trust fund may not be used as a substitute for
traditional sources of funding environmental and natural
resources activities, but the trust fund shall supplement the
traditional sources, including those sources used to support the
criteria in section 116P.08, subdivision deleted text begin 1 deleted text end new text begin 1anew text end . The trust fund
must be used primarily to support activities whose benefits
become available only over an extended period of time.
deleted text begin
(b) The commission must determine the amount of the state
budget spent from traditional sources to fund environmental and
natural resources activities before and after the trust fund is
established and include a comparison of the amount in the report
under section 116P.09, subdivision 7.
deleted text end
Sec. 3.
Minnesota Statutes 2004, section 116P.04,
subdivision 5, is amended to read:
Subd. 5.
Audits required.
The legislative auditor shall
audit trust fund expenditures to ensure that the money is spent
for the purposes provided in deleted text begin the commission's budget plan deleted text end new text begin the
Minnesota Constitution, article XI, section 14, and the
foundation's strategic plan developed under section 116P.08new text end . new text begin In
addition, the legislative auditor shall audit the books and
records of the foundation on an annual basis under sections
3.971 and 3.972, subject to the resources of the legislative
auditor, to ensure that the expenditures and operations of the
foundation are consistent with the requirements of this
chapter. The legislative auditor may recoup the expenses for
audits under this subdivision from amounts available to the
foundation under section 116P.061, subdivision 6.
new text end
Sec. 4.
new text begin
[116P.061] MINNESOTA CONSERVATION HERITAGE
FOUNDATION.
new text end
new text begin Subdivision 1. new text end
new text begin Membership. new text end
new text begin
(a) The Minnesota
Conservation Heritage Foundation is created pursuant to section
15.012, paragraph (a), and is governed by a board of 11
members. The term of members is six years and until their
successors have been appointed. Each board member shall be
appointed by the governor with the advice and consent of the
senate. Not more than six board members shall belong to the
same political party. The governor shall select at least one
member from each congressional district.
new text end
new text begin
(b) To be eligible for appointment to the foundation board,
a prospective board member must: (1) demonstrate expertise and
experience in the science, policy, or practice of the
protection, conservation, preservation, and enhancement of the
state's air, water, land, fish, wildlife, and other natural
resources; and (2) not be a paid employee of an organization
whose primary mission is the protection, conservation,
preservation, and enhancement of natural resources. Prior
service on multimember boards with grant-making responsibilities
or prior experience in the management of a business enterprise
is also recommended.
new text end
new text begin
(c) Except as provided in this section, the terms,
compensation, and removal of members and filling of vacancies on
the foundation board shall be as provided in section 15.0575. A
member may be removed from the foundation board upon a
supermajority of eight votes in favor of the removal of that
member.
new text end
new text begin Subd. 2. new text end
new text begin Chair; vice chair. new text end
new text begin
The governor shall select a
board member to serve as chair for a term concurrent with that
of the governor. If a vacancy occurs in the position of chair,
the governor shall select a new chair to complete the unexpired
term. The chair shall be the principal executive officer of the
foundation and shall preside at meetings of the board. The
chair shall organize the work of the foundation and may make
assignments to board members, appoint committees, and give
direction to the foundation staff. The members of the board
shall select a vice chair.
new text end
new text begin Subd. 3. new text end
new text begin Quorum. new text end
new text begin
Except when otherwise specified, a
majority of the foundation shall constitute a quorum and the act
or decision of a majority of members present, if at least a
quorum is present, shall be the act or decision of the
foundation. If a vacancy exists on the foundation, a majority
of the remaining members constitutes a quorum. A supermajority
of eight members in favor is required for: (1) hiring or
removing an executive director for the foundation, if any; or
(2) using funds for debt service on bonds.
new text end
new text begin Subd. 4. new text end
new text begin Duties. new text end
new text begin
The foundation board shall adopt a
strategic plan as provided in section 116P.08 and shall make
expenditures as provided in that section. The board may adopt
operating and grant-making procedures by order of the board to
fulfill its duties under this chapter. If the board finds that
it must adopt rules for its operations, the board may use the
process for rulemaking provided under section 14.389.
new text end
new text begin Subd. 5. new text end
new text begin Appropriation. new text end
new text begin
Beginning July 1, 2007, and on
July 1 of each year thereafter, the amount of the environment
and natural resources trust fund that may be appropriated under
the terms of article XI, section 14, of the Minnesota
Constitution is appropriated to the foundation for expenditures
made according to section 116P.08, subdivision 1a, paragraph
(a), and is available until expended.
new text end
new text begin Subd. 6. new text end
new text begin Appropriation; conservation heritage account. new text end
new text begin
A
conservation heritage account is created in the natural
resources fund. Money in the account is annually appropriated
to the foundation for the purposes of section 116B.08,
subdivision 1a, paragraph (b), and is available until expended.
new text end
new text begin Subd. 7. new text end
new text begin Gifts. new text end
new text begin
The foundation may accept and use grants
of money or property from the United States or other grantors
for any purpose pertaining to the activities of the foundation.
Any money or property so received is appropriated and dedicated
for the purposes for which it is granted and shall be expended
or used solely for such purposes according to federal laws and
regulations pertaining thereto, subject to applicable state laws
and rules as to manner of expenditure or use. The foundation
may make subgrants of any money received to other agencies,
units of local government, private individuals, private
organizations, and private nonprofit corporations. Appropriate
funds and accounts shall be maintained by the commissioner of
finance to comply with this section. Lands and interests in
lands received may be sold or exchanged according to chapter 94.
new text end
Sec. 5.
Minnesota Statutes 2004, section 116P.07, is
amended to read:
116P.07 INFORMATION GATHERING.
The deleted text begin commission deleted text end new text begin foundation board new text end may convene public forums
new text begin
or employ other methods new text end to gather information for establishing
priorities for funding.
Sec. 6.
Minnesota Statutes 2004, section 116P.08, is
amended by adding a subdivision to read:
new text begin Subd. 1a. new text end
new text begin Expenditures. new text end
new text begin
(a) The amount appropriated to
the Minnesota Conservation Heritage Foundation from the
environment and natural resources trust fund under section
116P.061, subdivision 5, may be spent only for the public
purpose of protection, conservation, preservation, and
enhancement of the state's air, water, land, fish, wildlife, and
other natural resources. Expenditures by the foundation under
this paragraph must be consistent with article XI, section 14,
of the Minnesota Constitution and the strategic plan adopted
under subdivision 3 and must demonstrate a direct benefit to the
state's natural resources. Expenditures for the purposes
described in section 84.95, subdivision 2, shall be a priority
for the foundation under this paragraph. Nothing in this
paragraph precludes the granting of funds for a project with a
recreational purpose if the project is consistent with article
XI, section 14, of the Minnesota Constitution.
new text end
new text begin
(b) Money appropriated to the foundation under section
116P.061, subdivision 6, or from a source other than the trust
fund may be used for the administrative costs of the foundation
or for any other purpose consistent with the statutory
provisions governing the source of the funds and the
foundation's mission and strategic plan.
new text end
Sec. 7.
Minnesota Statutes 2004, section 116P.08,
subdivision 3, is amended to read:
Subd. 3.
Strategic plan required.
(a) The deleted text begin commission
deleted text end new text begin
foundation new text end shall adopt a strategic plan for making expenditures
deleted text begin
from the trust funddeleted text end , including identifying the priority areas
for funding for the next deleted text begin six deleted text end new text begin ten new text end years. The strategic plan must
be updated every two years. deleted text begin The plan is advisory only deleted text end new text begin The
foundation shall make funding allocation decisions and make
expenditures on an annual basis according to the strategic plannew text end .
new text begin
(b) new text end The deleted text begin commission deleted text end new text begin foundation new text end shall submit the plandeleted text begin , as a
recommendation,deleted text end to the deleted text begin house of representatives Ways and Means
and senate Finance Committees deleted text end new text begin chairs of the house and senate
committees with jurisdiction over environment and natural
resources policy and finance new text end by January deleted text begin 1 deleted text end new text begin 15 new text end of each
odd-numbered year new text begin according to section 116P.09, subdivision 7new text end .
deleted text begin
(b) 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.
deleted text end
Sec. 8.
Minnesota Statutes 2004, section 116P.08,
subdivision 5, is amended to read:
Subd. 5.
Public meetings.
All deleted text begin advisory committee and
commission deleted text end new text begin foundation new text end meetings must be open to the public. deleted text begin The
commission shall attempt to meet at least once in each of the
state's congressional districts during each biennium.
deleted text end
Sec. 9.
Minnesota Statutes 2004, section 116P.08,
subdivision 6, is amended to read:
Subd. 6.
Peer review.
(a) Research proposals must
include a stated purpose, timeline, potential outcomes, and an
explanation of the need for the research. All research
proposals deleted text begin must deleted text end new text begin should new text end be deleted text begin reviewed by a peer review panel
deleted text end new text begin
peer-reviewed new text end before receiving an appropriation. new text begin Peer reviews
shall be considered by the foundation board in evaluating a
research project proposal. The board may establish a peer
review panel under subdivision 7 to assist its work.
new text end
(b) deleted text begin In conducting research proposal reviews, the peer
review panel deleted text end new text begin A peer review report on a proposed research
project, prepared for a research proposal review,new text end shall:
(1) comment on the methodology proposed and whether it can
be expected to yield appropriate and useful information and
data; new text begin and
new text end
(2) comment on the need for the research and about similar
existing information available, if anydeleted text begin ; and
deleted text end
deleted text begin
(3) report to the commission and advisory committee on
clauses (1) and (2).
deleted text end
deleted text begin
(c) The peer review panel also must review completed
research proposals that have received an appropriation and
comment and report upon whether the project reached the intended
goalsdeleted text end .
Sec. 10.
Minnesota Statutes 2004, section 116P.08,
subdivision 7, is amended to read:
Subd. 7.
Peer review panelnew text begin ;new text end membershipnew text begin ; dutiesnew text end .
deleted text begin
(a)
deleted text end
new text begin
If
established by the foundation:
new text end
new text begin
(1) new text end the peer review panel must consist of at least five
members who are knowledgeable in general research methods in the
areas of environment and natural resources. Not more than two
members of the panel may be employees of state agencies in
Minnesotadeleted text begin .deleted text end new text begin ;
new text end
deleted text begin
(b) deleted text end new text begin (2) new text end the deleted text begin commission deleted text end new text begin foundation new text end shall select a chair
every two years who shall be responsible for convening meetings
of the panel as often as is necessary to fulfill its duties as
prescribed in this section. Compensation of panel members is
governed by section 15.059, subdivision 3new text begin ; and
new text end
new text begin
(3) the peer review panel must review completed research
proposals that have received an appropriation and comment and
report upon whether the project reached the intended goalsnew text end .
Sec. 11.
Minnesota Statutes 2004, section 116P.09, is
amended to read:
116P.09 ADMINISTRATION.
Subdivision 1.
Administrative authority.
The
deleted text begin
commission deleted text end new text begin foundation new text end may appoint legal and other personnel and
consultants necessary to carry out functions and duties of the
deleted text begin
commission deleted text end new text begin foundationnew text end . Permanent employees shall be in the
unclassified service. In addition, the deleted text begin commission deleted text end new text begin foundation
new text end
may request staff assistance and data from any other agency of
state government as needed for the execution of the
responsibilities of the deleted text begin commission and advisory
committee deleted text end new text begin foundation new text end and an agency must promptly furnish it.
Subd. 2.
Liaison officers.
The deleted text begin commission deleted text end new text begin foundation
new text end
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 deleted text begin commission deleted text end new text begin foundation new text end and its staff.
Subd. 3.
Appraisal and evaluation.
The deleted text begin commission
deleted text end new text begin
foundation new text end shall obtain and appraise information available
through private organizations and groups, utilizing to the
fullest extent possible studies, data, and reports previously
prepared or currently in progress by public agencies, private
organizations, groups, and others, concerning future trends in
the protection, conservation, preservation, and enhancement of
the state's air, water, land, forests, fish, wildlife, native
vegetation, and other natural resources. Any data compiled by
the deleted text begin commission deleted text end new text begin foundation new text end shall be made available to any
standing or interim committee of the legislature upon the
request of the chair of the respective committee.
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 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. deleted text begin The use of
classified employees is authorized when approved as part of the
work program required by section 116P.05, subdivision 2,
paragraph (c).
deleted text end
Subd. 5.
Administrative expense.
deleted text begin The prorated expenses
related to commission administration of the trust fund may not
exceed an amount equal to four percent of the amount available
for appropriation of the trust fund for the biennium deleted text end new text begin The
foundation's administrative expenses may not exceed $500,000
annuallynew text end .
Subd. 6.
Conflict of interest.
new text begin (a) new text end A deleted text begin commission
deleted text end new text begin
foundation board new text end member, deleted text begin advisory committee member,deleted text end new text begin a new text end peer
review panelist, or an employee of the deleted text begin commission deleted text end new text begin foundation new text end may
not participate in or vote on a decision of the deleted text begin commission,
advisory committee,deleted text end new text begin foundation new text end or new text begin a new text end peer review panel relating
to an organization in which the member, panelist, or employee
has either a direct or indirect personal financial interest.
While serving on the deleted text begin legislative commission, advisory committee,
deleted text end new text begin
foundation board new text end or peer review paneldeleted text begin ,deleted text end or deleted text begin being deleted text end new text begin while new text end an
employee of the deleted text begin commission deleted text end new text begin foundationnew text end , a person shall avoid any
potential conflict of interest. new text begin A conflict of interest exists
if the person:
new text end
new text begin
(1) would receive a direct or indirect personal financial
benefit from an entity proposing a project for funding by the
foundation or from a proposal under review for funding by the
foundation;
new text end
new text begin
(2) serves as an employee, consultant, or governing board
member of an entity proposing a project for funding by the
foundation; or
new text end
new text begin
(3) has a family relationship with a project proposer or a
staff or board member of an entity proposing a project for
funding by the foundation.
new text end
new text begin
(b) The foundation must develop procedures to identify a
conflict of interest during the initial proposal review
process. If a conflict is found to exist, the person must
notify the foundation in writing and may not advocate for or
against the proposal or vote on the proposal.
new text end
Subd. 7.
Report required.
The deleted text begin commission deleted text end new text begin foundation
new text end
shall, by January 15 of each odd-numbered year, submit a report
to the governordeleted text begin , the chairs of the house appropriations and
senate finance committees,deleted text end and the chairs of the house and
senate committees deleted text begin on deleted text end new text begin with jurisdiction over new text end environment and
natural resources new text begin policy and financenew text end . Copies of the report must
be available to the public. The report must include new text begin a summary
of the foundation's conservation achievements during the
reporting period andnew text end :
(1) a copy of the current strategic plan;
(2) a description of each project receiving money from the
trust fund during the preceding biennium new text begin and how the project
relates to the constitutional dedication of the trust fund and
to the foundation's current strategic plannew text end ;
(3) a summary of any research project completed in the
preceding biennium;
(4) recommendations to implement successful projects and
programs into a state agency's standard operations;
(5) to the extent known by the deleted text begin commission deleted text end new text begin foundationnew text end ,
descriptions of the projects anticipated to be supported by the
trust fund during the next biennium;
(6) the source and amount of all revenues collected and
distributed by the deleted text begin commission deleted text end new text begin foundationnew text end , including all
administrative and other expenses;
(7) a description of the assets and liabilities of the
trust 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 compliance audit.
Sec. 12.
Minnesota Statutes 2004, section 116P.10, is
amended to read:
116P.10 ROYALTIES, COPYRIGHTS, PATENTS.
deleted text begin
This section applies to projects supported by the trust
fund and the oil overcharge money referred to in section 4.071,
subdivision 2, each of which is referred to in this section as a
"fund." deleted text end The new text begin trust new text end fund owns and shall take title to the
percentage of a royalty, copyright, or patent resulting from a
project supported by the new text begin trust new text end fund equal to the percentage of
the project's total funding provided by the new text begin trust new text end fund. Cash
receipts resulting from a royalty, copyright, or patent, or the
sale of the new text begin trust new text end fund's rights to a royalty, copyright, or
patent, must be credited immediately to the principal of
the new text begin trust new text end fund. Receipts from Minnesota future resources fund
projects must be credited to the trust fund. Before new text begin the
foundation decides to fund new text end a project deleted text begin is included in the budget
plandeleted text end , the deleted text begin commission deleted text end new text begin foundation new text end may vote to relinquish the
ownership or rights to a royalty, copyright, or patent resulting
from a project supported by the new text begin trust new text end fund to the project's
proposer when the amount of the original grant or loan, plus
interest, has been repaid to the new text begin trust new text end fund.
Sec. 13.
Minnesota Statutes 2004, section 116P.11, is
amended to read:
116P.11 AVAILABILITY OF FUNDS FOR DISBURSEMENT.
(a) The amount biennially available from the trust fund for
the deleted text begin budget plan developed by the commission deleted text end new text begin foundation under
section 116P.061, subdivision 5,new text end is as defined in the Minnesota
Constitution, article XI, section 14.
(b) Any appropriated funds not encumbered in the biennium
in which they are appropriated cancel and must be credited to
the principal of the trust fund.
Sec. 14.
Minnesota Statutes 2004, section 116P.12,
subdivision 2, is amended to read:
Subd. 2.
Application and administration.
(a) The
deleted text begin
commission deleted text end new text begin foundation new text end must adopt a procedure for the issuance of
the water system improvement loans by the Public Facilities
Authority.
(b) The deleted text begin commission deleted text end new text begin foundation new text end also must ensure that the
loans are administered according to its fiduciary standards and
requirements.
Sec. 15.
Minnesota Statutes 2004, section 116P.14,
subdivision 2, is amended to read:
Subd. 2.
State land and water conservation account;
creation.
A state land and water conservation account is
created in the natural resources fund. deleted text begin All of the deleted text end Money made
available to the state from funds granted under subdivision 1
shall be new text begin allocated as follows: (1) beginning July 1, 2007,
$1,500,000 annually shall be deposited in the conservation
heritage account established under section 116P.061; and (2) the
balance shall be new text end deposited in the state land and water
conservation account.
Sec. 16.
Minnesota Statutes 2004, section 116P.15,
subdivision 2, is amended to read:
Subd. 2.
Restrictions; modification procedure.
(a) An
interest in real property acquired with an appropriation from
the trust fund or the Minnesota future resources fund must be
used in perpetuity or for the specific term of an easement
interest for the purpose for which the appropriation was made.
(b) A recipient of funding who acquires an interest in real
property subject to this section may not alter the intended use
of the interest in real property or convey any interest in the
real property acquired with the appropriation without the prior
review and approval of the deleted text begin commission deleted text end new text begin foundationnew text end .
The deleted text begin commission deleted text end new text begin foundation new text end shall establish procedures to review
requests from recipients to alter the use of or convey an
interest in real property. These procedures shall allow for the
replacement of the interest in real property with another
interest in real property meeting the following criteria:
(1) the interest is at least equal in fair market value, as
certified by the commissioner of natural resources, to the
interest being replaced; and
(2) the interest is in a reasonably equivalent location,
and has a reasonably equivalent usefulness compared to the
interest being replaced.
(c) A recipient of funding who acquires an interest in real
property under paragraph (a) must separately record a notice of
funding restrictions in the appropriate local government office
where the conveyance of the interest in real property is filed.
The notice of funding agreement must contain:
(1) a legal description of the interest in real property
covered by the funding agreement;
(2) a reference to the underlying funding agreement;
(3) a reference to this section; and
(4) the following statement:
"This interest in real property shall be administered in
accordance with the terms, conditions, and purposes of the grant
agreement or work program controlling the acquisition of the
property. The interest in real property, or any portion of the
interest in real property, shall not be sold, transferred,
pledged, or otherwise disposed of or further encumbered without
obtaining the prior written approval of the deleted text begin Legislative
Commission on Minnesota Resources deleted text end new text begin Minnesota Conservation
Heritage Foundation new text end or its successor. If the holder of the
interest in real property fails to comply with the terms and
conditions of the grant agreement or work program, ownership of
the interest in real property shall transfer to this state."
Sec. 17.
Minnesota Statutes 2004, section 168.1296,
subdivision 5, is amended to read:
Subd. 5.
Contribution and fees credited.
Contributions
under subdivision 1, paragraph (a), clause (5), must be paid to
the registrar and creditednew text begin : (1) beginning July 1, 2007,
$3,000,000 annually to the conservation heritage account
established under section 116P.061, subdivision 6; and (2) the
balance new text end to the Minnesota critical habitat private sector
matching account established in section 84.943. The fees
collected under this section must be deposited in the highway
user tax distribution fund.
Sec. 18.
Minnesota Statutes 2004, section 297A.94, is
amended to read:
297A.94 DEPOSIT OF REVENUES.
(a) Except as provided in this section, 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 new text begin shall be divided as follows:
(i) beginning July 1, 2007, $1,000,000 annually must be
deposited in the conservation heritage account under section
116P.061, subdivision 6; and (ii) the balance new text end 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 new text begin shall be divided as
follows: (i) beginning July 1, 2007, $500,000 annually must be
deposited in the conservation heritage account under section
116P.061, subdivision 6; and (ii) the balance new text end 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. 19. new text begin TRANSITION.
new text end
new text begin
(a) The staff of the Legislative Commission on Minnesota
Resources shall provide administrative and technical assistance
to the Minnesota Conservation Heritage Foundation until June 30,
2007.
new text end
new text begin
(b) Administrative expenses saved through the elimination
of the Citizens Advisory Committee shall be used for the
administrative expenses of the Minnesota Conservation Heritage
Foundation.
new text end
Sec. 20. new text begin INITIAL APPOINTMENTS.
new text end
new text begin
To ensure that the members of the Minnesota Conservation
Heritage Foundation have staggered terms as required by
Minnesota Statutes, section 116P.061, subdivision 1, the
governor shall make the initial appointments to the Minnesota
Conservation Heritage Foundation according to the following
schedule of terms:
new text end
new text begin
(1) the chair to serve a full six-year term;
new text end
new text begin
(2) three members to serve five-year terms;
new text end
new text begin
(3) three members to serve four-year terms;
new text end
new text begin
(4) two members to serve three-year terms; and
new text end
new text begin
(5) two members to serve two-year terms.
new text end
Sec. 21. new text begin REPEALER.
new text end
new text begin
(a) Minnesota Statutes 2004, sections 116P.02, subdivisions
2 and 5; 116P.06; and 116P.08, subdivisions 1 and 4, are
repealed.
new text end
new text begin
(b) Minnesota Statutes 2004, section 116P.05, is repealed
effective June 30, 2007.
new text end
Sec. 22. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 21 are effective the day following final
enactment.
new text end