Text of MN HF 1909 (2006)

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Version List SF2734 Authors and Status Rtf Bill Text Versions Engrossments Introduction Posted on 03/01/2006 1st Engrossment Posted on 03/13/2006 2nd Engrossment Posted on 03/20/2006 3rd Engrossment Posted on 03/29/2006 Unofficial Engrossments 1st Unofficial Engrossment Posted on 04/06/2006 2nd Unofficial Engrossment Posted on 04/12/2006 3rd Unofficial Engrossment Posted on 04/21/2006 4th Unofficial Engrossment Posted on 04/27/2006 Jump to page/line # Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 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 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 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 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 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 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 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 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; establishing a Clean Water Council; amending Minnesota Statutes 2004, sections 297A.62, subdivision 1; 297A.94; 297B.02, subdivision 1; Minnesota Statutes 2005 Supplement, section 10A.01, subdivision 35; proposing coding for new law in Minnesota Statutes, chapters 85; 97A; 103F; 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, 2007, until June 30, 2032, 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 2006 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, 2007, 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 2032? new text end new text begin Yes ....... new text end new text begin No ......." new text end Sec. 3. Minnesota Statutes 2005 Supplement, 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.; deleted text begin or deleted text end (17) member of the board of directors or executive director of the Minnesota State High School Leaguenew text begin ; or new text end new text begin (18) 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, 2006, 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 FUND; 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, 2007, 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 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 Subd. 2. new text end new text begin Heritage Enhancement Council. new text end new text begin (a) A Heritage Enhancement Council of 11 members is created, on November 15, 2006, consisting of: new text end new text begin (1) two 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) two members of the house of representatives appointed by the speaker of the house; new text end new text begin (3) two 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) two public members representing hunting, fishing, and wildlife interests appointed by the speaker of the house; and new text end new text begin (5) three 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. 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, 2007, the compensation of public members are as provided in section 15.0575. new text end new text begin (c) 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 (d) Membership terms are two years, except that members shall serve on the council until their successors are appointed. new text end new text begin (e) 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 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 for expenditures from the heritage enhancement fund. The biennial budget plan may include grants to statewide and local fishing, forestry, hunting, and wildlife groups to improve, enhance, or protect fish and wildlife resources. 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, 2007, the administrative expenses of the council shall be paid from the heritage enhancement fund. 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 Council meetings. new text end new text begin 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. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective November 15, 2006, if the constitutional amendment proposed in section 1 is adopted by the voters. new text end Sec. 6. new text begin [103F.765] CLEAN WATER FUND; CLEAN WATER COUNCIL; EXPENDITURES. new text end new text begin Subdivision 1. new text end new text begin Fund. new text end new text begin 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. new text end new text begin Subd. 2. new text end new text begin Expenditures. new text end new text begin Subject to appropriation, money in the clean water fund may be spent only on: new text end new text begin (1) monitoring, investigations, and analysis of the quality of Minnesota's water resources; new text end new text begin (2) state and local activities to protect, preserve, and improve the quality of Minnesota's water resources; and new text end new text begin (3) assistance to individuals and organizations for water quality improvement projects. new text end new text begin Subd. 3. new text end new text begin Clean Water Council; membership; appointment. new text end new text begin A Clean Water Council of 21 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 appoint one person from their respective agency to serve as a member of the council. Seventeen additional nonagency members of the council shall be appointed as follows: new text end new text begin (1) two members representing statewide farm organizations, appointed by the governor; new text end new text begin (2) one member representing business organizations, appointed by the governor; new text end new text begin (3) one member representing environmental organizations, appointed by the governor; new text end new text begin (4) one member representing soil and water conservation districts, appointed by the governor; new text end new text begin (5) one member representing watershed districts, appointed by the governor; new text end new text begin (6) one member representing organizations focused on improvement of Minnesota lakes or streams, appointed by the governor; new text end new text begin (7) two members representing an organization of county governments, one member representing the interests of rural counties, and one member representing the interests of counties in the seven-county metropolitan area, appointed by the governor; new text end new text begin (8) two members representing organizations of city governments, appointed by the governor; new text end new text begin (9) one member representing the Metropolitan Council established under section 473.123, appointed by the governor; new text end new text begin (10) one township officer, appointed by the governor; new text end new text begin (11) one member of the house of representatives, appointed by the speaker; new text end new text begin (12) one member of the senate, appointed by the majority leader; new text end new text begin (13) one member representing the University of Minnesota or a Minnesota state university, appointed by the governor; and new text end new text begin (14) one member representing the interests of tribal governments, appointed by the governor. new text end new text begin The members of the council appointed by the governor are subject to the advice and consent of the senate. At least six of the members appointed by the governor must reside in the seven-county metropolitan area. In making appointments, the governor must attempt to provide for geographic balance. new text end new text begin Subd. 4. new text end new text begin Terms; compensation; removal. new text end new text begin The terms of members representing the state agencies and the Metropolitan Council are four years and are coterminous with the governor. The terms of other members of the council shall be as provided in section 15.059, subdivision 2. Members may serve until their successors are appointed and qualify. Compensation and removal of council members is as provided in section 15.059, subdivisions 3 and 4. A vacancy on the council may be filled by the appointing authorities, as provided in subdivision 3, for the remainder of the unexpired term. new text end new text begin Subd. 5. new text end new text begin Recommendations on appropriation of funds. new text end new text begin The Clean Water 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 new text begin 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 new text begin 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. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007, if the constitutional amendment proposed in section 1 is adopted by the voters. new text end Sec. 7. 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, 2007, if the constitutional amendment proposed in section 1 is adopted by the voters. new text end Sec. 8. Minnesota Statutes 2004, 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, 2007, if the constitutional amendment proposed in section 1 is adopted by the voters. new text end Sec. 9. Minnesota Statutes 2004, 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, 2007, if the constitutional amendment proposed in section 1 is adopted by the voters. new text end Sec. 10. Minnesota Statutes 2004, 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, 2007, if the constitutional amendment proposed in section 1 is adopted by the voters. new text end About the Legislature Historical Information Employment/Internships Visiting the Capitol Accessibility Frequently Asked Questions Contact Your Legislator Who Represents Me? House Members Senators General Contact Contact a legislative librarian: (651) 296-8338 or Email Phone Numbers Submit website comments Get Connected House News Senate News MyBills Email Updates & RSS Feeds Minnesota Office of the Revisor of Statutes, Centennial Office Building, 3rd Floor, 658 Cedar Street, St. Paul, MN 55155