Minnesota Legislature
SF 6
2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to natural and cultural resources; proposing an amendment to the
Minnesota Constitution, article XI; increasing the sales tax rate by three-eighths
of one percent and dedicating the receipts for natural and cultural resource
purposes; creating an arts, humanities, museum, and public broadcasting fund;
creating a heritage enhancement fund; creating a parks and trails fund; creating
a clean water fund; establishing a Heritage Enhancement Council; amending
Minnesota Statutes 2006, sections 10A.01, subdivision 35; 114D.20, subdivision
6; 114D.30, subdivision 6; 114D.45; 297A.62, subdivision 1; 297A.94; 297B.02,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 85;
97A; 129D.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin CONSTITUTIONAL AMENDMENT.
new text end
new text begin
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:
new text end
new text begin Sec. 15.new text end
new text begin
Beginning July 1, 2009, until June 30, 2034, the sales and use tax rate shall be
increased by three-eighths of one percent on sales and uses taxable under the general state
sales and use tax law. Receipts from the increase, plus penalties and interest and reduced
by any refunds, are dedicated as follows: 34 percent of the receipts shall be deposited in
the heritage enhancement fund and may be spent only to improve, enhance, or protect the
state's fish, wildlife, habitat, and fish and wildlife tourism; 22 percent of the receipts shall
be deposited in the parks and trails fund and may be spent only on parks, trails, and zoos
in the state; 22 percent of the receipts shall be deposited in the clean water fund and may
be spent only on protection and restoration of the state's lakes, rivers, streams, wetlands,
and groundwater; and 22 percent of the receipts shall be deposited in the arts, humanities,
museum, and public broadcasting fund and may be spent only on arts, humanities, history,
museums, and public broadcasting. An arts, humanities, museum, and public broadcasting
fund; a heritage enhancement fund; a parks and trails fund; and a 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 for fish, wildlife, habitat, fish and wildlife
tourism, parks, trails, zoos, protection and restoration of waters, arts, and history 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.
Land acquired by fee with money deposited in the heritage enhancement fund under this
section must be open to public taking of fish and game during the open season unless
otherwise provided by law.
new text end
Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end
new text begin
The proposed amendment shall be submitted to the people at the 2008 general
election. The question submitted shall be:
new text end
new text begin
"Shall the Minnesota Constitution be amended to provide funding beginning July 1,
2009, to improve, enhance, or protect the state's fish, wildlife, habitat, and fish and wildlife
tourism; its parks, trails, and zoos; its lakes, rivers, streams, wetlands, and groundwater;
and its arts, humanities, history, museums, and public broadcasting by increasing the sales
and use tax rate by three-eighths of one percent on taxable sales until the year 2034?
new text end
|
new text begin
Yes ....... new text end |
|
new text begin
No ......." new text end |
Sec. 3.
Minnesota Statutes 2006, section 10A.01, subdivision 35, is amended to read:
Subd. 35.
Public official.
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or
attorney in the Office of Senate Counsel and Research or House Research;
(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or referee in the Department of Employment and Economic
Development;
(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;
(15) member or executive director of the Higher Education Facilities Authority;
(16) member of the board of directors or president of Minnesota Technology, Inc.;
(17) member of the board of directors or executive director of the Minnesota State
High School League;
(18) member of the Minnesota Ballpark Authority established in section 473.755; deleted text begin ordeleted text end
(19) citizen member of the Legislative-Citizen Commission on Minnesota
Resourcesnew text begin ; or
new text end
new text begin (20) member of the Heritage Enhancement Councilnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 15, 2008, if the
constitutional amendment proposed in section 1 is adopted by the voters.
new text end
Sec. 4.
new text begin
[85.0195] PARKS AND TRAILS FUNDS; EXPENDITURES.
new text end
new text begin Subdivision 1. new text end
new text begin Fund. new text end
new text begin
The parks and trails fund is established in the Minnesota
Constitution, article XI, section 15. All money earned by the parks and trails fund must
be credited to the fund.
new text end
new text begin Subd. 2. new text end
new text begin Expenditures. new text end
new text begin
Money in the parks and trails fund may be spent only on
state and regional parks, trails, and zoos. Subject to the appropriation by law, receipts to
the fund must be allocated in separate accounts as follows:
new text end
new text begin
(1) 38 percent of the receipts may be spent only for state park and recreation area
purposes;
new text end
new text begin
(2) 11 percent of the receipts may be spent only for state trail purposes;
new text end
new text begin
(3) 36 percent of the receipts may be spent only for metropolitan area, as defined in
section 473.121, regional park and trail grants;
new text end
new text begin
(4) 12 percent of the receipts may be spent only for nonmetropolitan regional parks
and trails, outdoor recreation grants, natural and scenic area grants, trail connection grants,
regional trail grants, and grant-in-aid trails; and
new text end
new text begin
(5) three percent of the receipts may be spent only for the Minnesota Zoological
Garden, the Como Park Zoo and Conservatory, and the Duluth Zoo.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end
Sec. 5.
new text begin
[97A.056] HERITAGE ENHANCEMENT FUND; HERITAGE
ENHANCEMENT COUNCIL.
new text end
new text begin Subdivision 1. new text end
new text begin Heritage enhancement fund. new text end
new text begin
(a) The heritage enhancement fund is
established in the Minnesota Constitution, article XI, section 15. All money earned by
the heritage enhancement fund must be credited to the fund. At least 97 percent of the
money appropriated from the fund must be spent on specific fish, wildlife, habitat, and
fish and wildlife tourism projects.
new text end
new text begin
(b) A forest legacy and forest consolidation account is created within the heritage
enhancement fund. From the receipts deposited in the heritage enhancement fund under
the Minnesota Constitution, article XI, section 15, 25 percent each fiscal year must be
credited to the forest legacy and forest consolidation account. Money in the account may
be spent only for the acquisition of permanent easements on private forest land or for the
acquisition of land for forest consolidation.
new text end
new text begin Subd. 2. new text end
new text begin Heritage Enhancement Council. new text end
new text begin
(a) A Heritage Enhancement Council of
16 members is created in the legislative branch, consisting of:
new text end
new text begin
(1) three members of the senate appointed by the senate Subcommittee on
Committees of the Committee on Rules and Administration;
new text end
new text begin
(2) three members of the house of representatives appointed by the speaker of the
house;
new text end
new text begin
(3) three public members representing hunting, fishing, and wildlife interests
appointed by the senate Subcommittee on Committees of the Committee on Rules and
Administration;
new text end
new text begin
(4) three public members representing hunting, fishing, and wildlife interests
appointed by the speaker of the house; and
new text end
new text begin
(5) four public members representing hunting, fishing, and wildlife interests
appointed by the governor.
new text end
new text begin
(b) One member from the senate and one member from the house of representatives
must be from the minority caucus.
new text end
new text begin
(c) In making appointments to the council, appointing authorities shall consult with
hunting, fishing, and wildlife groups and shall consider geographic balance. Appointments
to the council shall be made by February 1, 2009.
new text end
new text begin
(d) Legislative members are entitled to reimbursement for per diem expenses plus
travel expenses incurred in the services of the council. The removal and, beginning July 1,
2009, the compensation of public members is as provided in section 15.0575.
new text end
new text begin
(e) The first meeting of the council shall be convened by the chair of the Legislative
Coordinating Commission. Members shall elect a chair, vice chair, secretary, and other
officers as determined by the council. The chair may convene meetings as necessary to
conduct the duties prescribed by this section.
new text end
new text begin
(f) Public membership terms are coterminous with the appointing authority and
legislative membership terms are at the pleasure of the appointing authority, except that
members shall serve on the council until their successors are appointed.
new text end
new text begin
(g) Vacancies occurring on the council do not affect the authority of the remaining
members of the council to carry out their duties. Vacancies shall be filled in the same
manner as under paragraph (a).
new text end
new text begin
(h) The governor's appointments to the council are subject to the advice and consent
of the senate.
new text end
new text begin Subd. 3. new text end
new text begin Duties of council. new text end
new text begin
(a) The council, in consultation with statewide and
local fishing, forestry, hunting, and wildlife groups, shall develop a biennial budget plan
to recommend expenditures from the heritage enhancement fund to the legislature and
the governor. The biennial budget plan shall include at least $5,000,000 in each fiscal
year for a conservation partners program to provide matching grants of up to $20,000 to
local sporting and conservation clubs for the improvement, enhancement, and protection
of fish, game, and wildlife habitat. Approval of the biennial budget plan for the heritage
enhancement fund requires an affirmative vote of at least 11 members of the council.
new text end
new text begin
(b) In the biennial budget submitted to the legislature, the governor shall submit
separate budget detail for planned expenditures from the heritage enhancement fund
as recommended by the council.
new text end
new text begin
(c) As a condition of acceptance of an appropriation from the heritage enhancement
fund, an agency or entity receiving an appropriation shall submit a work program and
quarterly progress reports for appropriations from the heritage enhancement fund to the
members of the Heritage Enhancement Council in the form determined by the council.
new text end
new text begin Subd. 4. new text end
new text begin Council administration. new text end
new text begin
(a) The council may employ personnel and
contract with consultants as necessary to carry out functions and duties of the council.
Permanent employees shall be in the unclassified service. The council may request staff
assistance, legal opinion, and data from agencies of state government as needed for the
execution of the responsibilities of the council.
new text end
new text begin
(b) Beginning July 1, 2009, the administrative expenses of the council shall be paid
from the heritage enhancement fund, as appropriated by law.
new text end
new text begin
(c) A council member or an employee of the council may not participate in or vote
on a decision of the council relating to an organization in which the member or employee
has either a direct or indirect personal financial interest. While serving on or employed by
the council, a person shall avoid any potential conflict of interest.
new text end
new text begin Subd. 5. new text end
new text begin Open meetings. new text end
new text begin
(a) Meetings of the council and other groups the council
may establish must be open to the public. Except where prohibited by law, the council
shall establish additional processes to broaden public involvement in all aspects of its
deliberations. For the purposes of this subdivision, a meeting occurs when a quorum is
present and action is taken regarding a matter within the jurisdiction of the council.
new text end
new text begin
(b) For legislative members of the council, enforcement of this subdivision shall
be governed by section 3.055, subdivision 2. For nonlegislative members of the council,
enforcement of this subdivision shall be governed by section 13D.06, subdivisions 1 and 2.
new text end
new text begin Subd. 6. new text end
new text begin Council expiration. new text end
new text begin
Subdivisions 2 to 5 expire on June 30, 2013, unless
extended by law.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 15, 2008, if the
constitutional amendment proposed in section 1 is adopted by the voters.
new text end
Sec. 6.
Minnesota Statutes 2006, section 114D.20, subdivision 6, is amended to read:
Subd. 6.
Priorities for restoration of impaired waters.
In implementing
restoration of impaired waters, in addition to the priority considerations in subdivision 5,
the Clean Water Council shall give priority in its recommendations for restoration funding
from the clean water deleted text begin legacy accountdeleted text end new text begin fund new text end to restoration projects that:
(1) coordinate with and utilize existing local authorities and infrastructure for
implementation;
(2) can be implemented in whole or in part by providing support for existing or
ongoing restoration efforts;
(3) most effectively leverage other sources of restoration funding, including federal,
state, local, and private sources of funds;
(4) show a high potential for early restoration and delisting based upon scientific
data developed through public agency or citizen monitoring or other means; and
(5) show a high potential for long-term water quality and related conservation
benefits.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end
Sec. 7.
Minnesota Statutes 2006, section 114D.30, subdivision 6, is amended to read:
Subd. 6.
Recommendations on appropriation of funds.
The Clean Water
Council shall recommend to the governor the manner in which money from the clean
water deleted text begin legacy accountdeleted text end new text begin fund new text end should be appropriated for the purposes identified in section
114D.45, subdivision 3. The council's recommendations must be consistent with the
purposes, policies, goals, and priorities in sections 114D.05 to 114D.35, and shall allocate
adequate support and resources to identify impaired waters, develop TMDL's, implement
restoration of impaired waters, and provide assistance and incentives to prevent waters
from becoming impaired and improve the quality of waters which are listed as impaired
but have no approved TMDL. The council must recommend methods of ensuring that
awards of grants, loans, or other funds from the clean water deleted text begin legacy accountdeleted text end new text begin fund new text end specify
the outcomes to be achieved as a result of the funding and specify standards to hold the
recipient accountable for achieving the desired outcomes. Expenditures from the account
must be appropriated by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end
Sec. 8.
Minnesota Statutes 2006, section 114D.45, is amended to read:
114D.45 CLEAN WATER deleted text begin LEGACY ACCOUNTdeleted text end new text begin FUNDnew text end .
Subdivision 1.
Creation.
The clean water deleted text begin legacy accountdeleted text end new text begin fundnew text end is deleted text begin created as an
account in the environmental funddeleted text end new text begin established in the Minnesota Constitution, article XI,
section 15new text end . Money in the deleted text begin accountdeleted text end new text begin fundnew text end must be made available for the implementation
of this chapter and sections 446A.073, 446A.074, and 446A.075, without supplanting or
taking the place of any other funds which are currently available or may become available
from any other source, whether federal, state, local, or private, for implementation of
those sections.
Subd. 2.
Sources of revenue.
The following revenues must be deposited in the
clean water deleted text begin legacy accountdeleted text end new text begin fundnew text end :
new text begin
(1) money deposited in the fund as provided in the Minnesota Constitution, article
XI, section 16;
new text end
deleted text begin (1)deleted text end new text begin (2)new text end money transferred to the deleted text begin accountdeleted text end new text begin fundnew text end ; and
deleted text begin (2)deleted text end new text begin (3)new text end interest accrued on the deleted text begin accountdeleted text end new text begin fundnew text end .
Subd. 3.
Purposes.
Subject to appropriation by the legislature, the clean water
deleted text begin legacy accountdeleted text end new text begin fundnew text end may be spent for the following purposes:
(1) to provide grants, loans, and technical assistance to public agencies and others
who are participating in the process of identifying impaired waters, developing TMDL's,
implementing restoration plans for impaired waters, and monitoring the effectiveness
of restoration;
(2) to support measures to prevent waters from becoming impaired and to improve
the quality of waters that are listed as impaired but do not have an approved TMDL
addressing the impairment;
(3) to provide grants and loans for wastewater and storm water treatment projects
through the Public Facilities Authority;
(4) to support the efforts of public agencies associated with individual sewage
treatment systems and financial assistance for upgrading and replacing the systems; and
(5) to provide funds to state agencies to carry out their responsibilities under this
chapter.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end
Sec. 9.
new text begin
[129D.17] ARTS, HUMANITIES, MUSEUM, AND PUBLIC
BROADCASTING FUND; EXPENDITURES.
new text end
new text begin Subdivision 1. new text end
new text begin Fund. new text end
new text begin
The arts, humanities, museum, and public broadcasting fund
is established in the Minnesota Constitution, article XI, section 15. All money earned
by the fund must be credited to the fund.
new text end
new text begin Subd. 2. new text end
new text begin Expenditures. new text end
new text begin
Subject to appropriation, receipts in the fund must be
allocated by the commissioner of finance as follows:
new text end
new text begin
(1) 43 percent to the Minnesota State Arts Board;
new text end
new text begin
(2) 23 percent to the Minnesota Historical Society;
new text end
new text begin
(3) 23 percent to public broadcasting;
new text end
new text begin
(4) four percent to the Science Museum of Minnesota;
new text end
new text begin
(5) 3.5 percent to the Humanities Commission;
new text end
new text begin
(6) 2.5 percent to the Minnesota Film Board; and
new text end
new text begin
(7) one percent to the Minnesota Children's Museum and the Duluth Children's
Museum.
new text end
new text begin
Money allocated to the Minnesota State Arts Board may not be used for
administrative purposes. If one of the above entities ceases to exist, then the appropriated
money must be allocated proportionally among the remaining entities.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end
Sec. 10.
Minnesota Statutes 2006, section 297A.62, subdivision 1, is amended to read:
Subdivision 1.
Generally.
new text begin (a) new text end Except as otherwise provided in subdivision 2 or 3
or in this chapter, a sales tax of 6.5 percent is imposed on the gross receipts from retail
sales as defined in section 297A.61, subdivision 4, made in this state or to a destination
in this state by a person who is required to have or voluntarily obtains a permit under
section 297A.83, subdivision 1.
new text begin
(b) The increased rate required under the Minnesota Constitution, article XI, section
15, shall be added to the rate imposed under paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end
Sec. 11.
Minnesota Statutes 2006, section 297A.94, is amended to read:
297A.94 DEPOSIT OF REVENUES.
(a) Except as provided in this sectionnew 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end
Sec. 12.
Minnesota Statutes 2006, section 297B.02, subdivision 1, is amended to read:
Subdivision 1.
Rate.
There is imposed an excise tax at the rate provided in deleted text begin chapter
297Adeleted text end new text begin section 297A.62, subdivision 1, paragraph (a),new text end on the purchase price of any motor
vehicle purchased or acquired, either in or outside of the state of Minnesota, which is
required to be registered under the laws of this state.
The excise tax is also imposed on the purchase price of motor vehicles purchased
or acquired on Indian reservations when the tribal council has entered into a sales tax on
motor vehicles refund agreement with the state of Minnesota.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, if the constitutional
amendment proposed in section 1 is adopted by the voters.
new text end