Bill Text: MN HF1073 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Legislative Environment Commission established; Lessard-Sams Outdoor Heritage Council, Clean Water Council, and Legislative-Citizen Commission on Minnesota Resources eliminated; water system improvement loan program eliminated; appropriations from outdoor heritage fund modified; and appointments provided.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2011-03-21 - Author stricken Drazkowski [HF1073 Detail]
Download: Minnesota-2011-HF1073-Introduced.html
1.2relating to natural resources; establishing Legislative Environment Commission;
1.3eliminating Lessard-Sams Outdoor Heritage Council, Clean Water Council, and
1.4Legislative-Citizen Commission on Minnesota Resources; eliminating water
1.5system improvement loan program; modifying appropriations from outdoor
1.6heritage fund; providing appointments;amending Minnesota Statutes 2010,
1.7sections 4.071, subdivision 2; 10A.01, subdivision 35; 89.022, subdivision
1.82; 97A.056, subdivisions 1, 6, 8, 9; 290.431; 290.432; proposing coding for
1.9new law in Minnesota Statutes, chapter 3; repealing Minnesota Statutes 2010,
1.10sections 97A.056, subdivisions 2, 3, 4, 5, 7; 114D.15, subdivision 3; 114D.30,
1.11subdivisions 1, 2, 3, 4, 7; 116P.05; 116P.07; 116P.08, subdivisions 3, 4, 5, 6, 7;
1.12116P.09; 116P.12; 116Q.02, subdivision 2.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. [3.9791] LEGISLATIVE ENVIRONMENT COMMISSION.
1.15 Subdivision 1. Creation. (a) The Legislative Environment Commission is
1.16established, consisting of:
1.17(1) three members of the senate appointed by the Subcommittee on Committees of
1.18the senate Committee on Rules and Administration;
1.19(2) three members of the senate appointed by the senate minority leader;
1.20(3) three members of the house of representatives appointed by the speaker of the
1.21house; and
1.22(4) three members of the house of representatives appointed by the house of
1.23representatives minority leader.
1.24(b) Members shall serve until replaced or until they are not members of the
1.25legislative body from which they were appointed. Appointing authorities shall fill
1.26vacancies on the commission within 30 days of a vacancy being created. In making
1.27appointments, the appointing authorities must attempt to provide for geographic balance.
2.1(c) The first meeting of the commission shall be convened by the chair of the
2.2Legislative Coordinating Commission no later than January 15, 2012, and members shall
2.3elect a chair and vice-chair. Thereafter, the commission shall meet in January of each
2.4odd-numbered year to elect its chair and vice-chair. Members shall serve until successors
2.5are elected. The chair and vice-chair shall alternate biennially between the senate and the
2.6house of representatives. The commission shall meet at the call of the chair. The members
2.7shall serve without compensation, but be reimbursed for their reasonable expenses as
2.8members of the legislature. The commission may exercise the powers prescribed by
2.9section 3.153.
2.10 Subd. 2. Duties. The Legislative Environment Commission shall:
2.11(1) review and make recommendations to the legislature on the state's environment
2.12and natural resources policies and goals;
2.13(2) make recommendations to the legislature on appropriations of money from the
2.14outdoor heritage fund, clean water fund, environment and natural resources trust fund,
2.15state land and water conservation account in the natural resources fund, and Great Lakes
2.16protection fund;
2.17(3) ensure the commission's recommendations are consistent with the goals of
2.18existing natural resource plans, including the Minnesota Statewide Conservation and
2.19Preservation Plan, the Minnesota Water Sustainability Framework, and the 25-year
2.20long-range framework developed for the outdoor heritage fund; and
2.21(4) establish benchmarks and other mechanisms to measure the results of the
2.22expenditures from the funds and evaluate those results.
2.23 Subd. 3. Staff; administrative expenses. The commission may employ
2.24professional and technical assistants as it deems necessary to perform the duties
2.25prescribed in this section. Up to one-half of one percent of the amount appropriated in the
2.26biennium from each of the funds identified in subdivision 2, clause (2), may be used to
2.27pay for administrative expenses of the commission and for compensation and expense
2.28reimbursement of commission members.
2.29 Sec. 2. Minnesota Statutes 2010, section 4.071, subdivision 2, is amended to read:
2.30 Subd. 2. Minnesota resources projects. The legislature intends to appropriate
2.31one-half of the oil overcharge money for projects that have been reviewed and
2.32recommended by the Legislative-Citizen Commission on Minnesota Resources or its
2.33successor.A work plan must be prepared for each proposed project for review by the
2.34commission. The commission must recommend specific projects to the legislature.
3.1 Sec. 3. Minnesota Statutes 2010, section 10A.01, subdivision 35, is amended to read:
3.2 Subd. 35. Public official. "Public official" means any:
3.3 (1) member of the legislature;
3.4 (2) individual employed by the legislature as secretary of the senate, legislative
3.5auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
3.6legislative analyst, or attorney in the Office of Senate Counsel and Research or House
3.7Research;
3.8 (3) constitutional officer in the executive branch and the officer's chief administrative
3.9deputy;
3.10 (4) solicitor general or deputy, assistant, or special assistant attorney general;
3.11 (5) commissioner, deputy commissioner, or assistant commissioner of any state
3.12department or agency as listed in section15.01 or
15.06 , or the state chief information
3.13officer;
3.14 (6) member, chief administrative officer, or deputy chief administrative officer of a
3.15state board or commission that has either the power to adopt, amend, or repeal rules under
3.16chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
3.17 (7) individual employed in the executive branch who is authorized to adopt, amend,
3.18or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
3.19 (8) executive director of the State Board of Investment;
3.20 (9) deputy of any official listed in clauses (7) and (8);
3.21 (10) judge of the Workers' Compensation Court of Appeals;
3.22 (11) administrative law judge or compensation judge in the State Office of
3.23Administrative Hearings or unemployment law judge in the Department of Employment
3.24and Economic Development;
3.25 (12) member, regional administrator, division director, general counsel, or operations
3.26manager of the Metropolitan Council;
3.27 (13) member or chief administrator of a metropolitan agency;
3.28 (14) director of the Division of Alcohol and Gambling Enforcement in the
3.29Department of Public Safety;
3.30 (15) member or executive director of the Higher Education Facilities Authority;
3.31 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
3.32 (17) member of the board of directors or executive director of the Minnesota State
3.33High School League;
3.34 (18) member of the Minnesota Ballpark Authority established in section473.755 ;
3.35 (19)citizen member of the Legislative-Citizen Commission on Minnesota Resources;
4.1(20) manager of a watershed district, or member of a watershed management
4.2organization as defined under section103B.205, subdivision 13 ;
4.3(21) (20) supervisor of a soil and water conservation district; or
4.4(22) (21) director of Explore Minnesota Tourism; or
4.5(23) citizen member of the Lessard-Sams Outdoor Heritage Council established
4.6in section
97A.056
4.7 Sec. 4. Minnesota Statutes 2010, section 89.022, subdivision 2, is amended to read:
4.8 Subd. 2. Exemption. The commissioner of natural resources may apply to the
4.9Legislative-Citizen Commission on Minnesota Resources Minnesota Land Exchange
4.10Board for an exemption from the exchange or sale requirements of subdivision 1 in
4.11instances where it can be demonstrated that unique recreational, historical or scientific
4.12values would be destroyed by the exchange or sale of tillable land or a farm homestead.
4.13Exemptions shall be decided by the commission on an individual basis. If the application
4.14for exemption is not decided by the commission within 90 days, the application shall
4.15be deemed to have been denied.
4.16 Sec. 5. Minnesota Statutes 2010, section 97A.056, subdivision 1, is amended to read:
4.17 Subdivision 1. Outdoor heritage fund. An outdoor heritage fund, under article XI,
4.18section 15, of the Minnesota Constitution, is established as an account in the state treasury.
4.19All money earned by the outdoor heritage fund must be credited to the fund.At least 99
4.20percent of The money appropriated from the fund must be expended to restore, protect,
4.21and enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.
4.22 Sec. 6. Minnesota Statutes 2010, section 97A.056, subdivision 6, is amended to read:
4.23 Subd. 6. Audit. The legislative auditor shall audit the outdoor heritage fund
4.24expenditures, including administrative and staffing expenditures, every two years to
4.25ensure that the money is spent to restore, protect, and enhance wetlands, prairies, forests,
4.26and habitat for fish, game, and wildlife.
4.27 Sec. 7. Minnesota Statutes 2010, section 97A.056, subdivision 8, is amended to read:
4.28 Subd. 8. Revenues. When a parcel of land that was previously purchased with
4.29outdoor heritage funds is transferred to the state, the owner of the land shall disclose to the
4.30council Legislative Environment Commission and commissioner of natural resources:
4.31(1) all revenues generated from activities on the land from the time the land was
4.32purchased with outdoor heritage funds until the land was transferred to the state;
5.1(2) all holding costs associated with managing the land between the time of purchase
5.2with outdoor heritage funds and the time the land was transferred to the state; and
5.3(3) the total net revenues as determined by subtracting the costs described in clause
5.4(2) from the revenues described in clause (1).
5.5 Sec. 8. Minnesota Statutes 2010, section 97A.056, subdivision 9, is amended to read:
5.6 Subd. 9. Lands in public domain. Money appropriated from the outdoor heritage
5.7fund shall not be used to purchase any land in fee title or a permanent conservation
5.8easement if the land in question is fully or partially owned by the state of Minnesota
5.9or a political subdivision of the state, unless: (1) the purchase creates additional direct
5.10benefit to protect, restore, or enhance the state's wetlands, prairies, forests, or habitat
5.11for fish, game, and wildlife; and (2) the purchase is approved by an affirmative vote of
5.12at least nine members of the council. At least 15 business days prior to a decision under
5.13this subdivision, the council shall submit the planned decision item to the Legislative
5.14Coordinating Commission. The planned decision item takes effect 15 business days
5.15after it is submitted by the council.
5.16 Sec. 9. Minnesota Statutes 2010, section 290.431, is amended to read:
5.17290.431 NONGAME WILDLIFE CHECKOFF.
5.18Every individual who files an income tax return or property tax refund claim form
5.19may designate on their original return that $1 or more shall be added to the tax or deducted
5.20from the refund that would otherwise be payable by or to that individual and paid into an
5.21account to be established for the management of nongame wildlife. The commissioner
5.22of revenue shall, on the income tax return and the property tax refund claim form, notify
5.23filers of their right to designate that a portion of their tax or refund shall be paid into the
5.24nongame wildlife management account. The sum of the amounts so designated to be paid
5.25shall be credited to the nongame wildlife management account for use by the nongame
5.26program in the Department of Natural Resources. All interest earned on money accrued,
5.27gifts to the program, contributions to the program, and reimbursements of expenditures
5.28in the nongame wildlife management account shall be credited to the account by the
5.29commissioner of management and budget, except that gifts or contributions received
5.30directly by the commissioner of natural resources and directed by the contributor for
5.31use in specific nongame field projects or geographic areas shall be handled according to
5.32section84.085 , subdivision 1. The commissioner of natural resources shall submit a work
5.33program for each fiscal year and semiannual progress reports to the Legislative-Citizen
5.34Commission on Minnesota Resources in the form determined by the commission.
6.1The state pledges and agrees with all contributors to the nongame wildlife
6.2management account to use the funds contributed solely for the management of nongame
6.3wildlife projects and further agrees that it will not impose additional conditions or
6.4restrictions that will limit or otherwise restrict the ability of the commissioner of natural
6.5resources to use the available funds for the most efficient and effective management of
6.6nongame wildlife. The commissioner may use funds appropriated for nongame wildlife
6.7programs for the purpose of developing, preserving, restoring, and maintaining wintering
6.8habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
6.9or contract with any nonprofit organization dedicated to the construction, maintenance, and
6.10repair of such projects that are acceptable to the governmental agency having jurisdiction
6.11over the land and water affected by the projects. Under this authority, the commissioner
6.12may execute agreements and contracts if the commissioner determines that the use of the
6.13funds will benefit neotropical migrant birds that breed in or migrate through the state.
6.14 Sec. 10. Minnesota Statutes 2010, section 290.432, is amended to read:
6.15290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
6.16A corporation that files an income tax return may designate on its original return that
6.17$1 or more shall be added to the tax or deducted from the refund that would otherwise
6.18be payable by or to that corporation and paid into the nongame wildlife management
6.19account established by section290.431 for use by the Department of Natural Resources
6.20for its nongame wildlife program. The commissioner of revenue shall, on the corporate
6.21tax return, notify filers of their right to designate that a portion of their tax return be paid
6.22into the nongame wildlife management account for the protection of endangered natural
6.23resources. All interest earned on money accrued, gifts to the program, contributions to
6.24the program, and reimbursements of expenditures in the nongame wildlife management
6.25account shall be credited to the account by the commissioner of management and budget,
6.26except that gifts or contributions received directly by the commissioner of natural
6.27resources and directed by the contributor for use in specific nongame field projects or
6.28geographic areas shall be handled according to section84.085 , subdivision 1. The
6.29commissioner of natural resources shall submit a work program for each fiscal year to
6.30the Legislative-Citizen Commission on Minnesota Resources in the form determined
6.31by the commission.
6.32The state pledges and agrees with all corporate contributors to the nongame wildlife
6.33account to use the funds contributed solely for the nongame wildlife program and further
6.34agrees that it will not impose additional conditions or restrictions that will limit or
7.1otherwise restrict the ability of the commissioner of natural resources to use the available
7.2funds for the most efficient and effective management of those programs.
7.3 Sec. 11. STAFF TRANSITION PLAN.
7.4The Legislative Coordinating Commission shall prepare and submit a plan to the
7.5legislature on the staffing of the Legislative Environment Commission and the transition
7.6of staff of the Lessard-Sams Outdoor Heritage Council and the Legislative-Citizen
7.7Commission on Minnesota Resources by January 15, 2012.
7.8 Sec. 12. REVISOR'S INSTRUCTION.
7.9(a) The revisor of statutes shall change the term "Clean Water Council," or "council"
7.10when referring thereto, to "Legislative Environment Commission," or "commission"
7.11wherever it appears in Minnesota Statutes.
7.12(b) The revisor of statutes shall change the term "Legislative-Citizen Commission
7.13on Minnesota Resources" to "Legislative Environment Commission" wherever it appears
7.14in Minnesota Statutes.
7.15 Sec. 13. REPEALER.
7.16Minnesota Statutes 2010, sections 97A.056, subdivisions 2, 3, 4, 5, and 7; 114D.15,
7.17subdivision 3; 114D.30, subdivisions 1, 2, 3, 4, and 7; 116P.05; 116P.07; 116P.08,
7.18subdivisions 3, 4, 5, 6, and 7; 116P.09; 116P.12; and 116Q.02, subdivision 2, are repealed.
7.19 Sec. 14. EFFECTIVE DATE.
7.20Sections 1 to 14 are effective June 30, 2011.
1.3eliminating Lessard-Sams Outdoor Heritage Council, Clean Water Council, and
1.4Legislative-Citizen Commission on Minnesota Resources; eliminating water
1.5system improvement loan program; modifying appropriations from outdoor
1.6heritage fund; providing appointments;amending Minnesota Statutes 2010,
1.7sections 4.071, subdivision 2; 10A.01, subdivision 35; 89.022, subdivision
1.82; 97A.056, subdivisions 1, 6, 8, 9; 290.431; 290.432; proposing coding for
1.9new law in Minnesota Statutes, chapter 3; repealing Minnesota Statutes 2010,
1.10sections 97A.056, subdivisions 2, 3, 4, 5, 7; 114D.15, subdivision 3; 114D.30,
1.11subdivisions 1, 2, 3, 4, 7; 116P.05; 116P.07; 116P.08, subdivisions 3, 4, 5, 6, 7;
1.12116P.09; 116P.12; 116Q.02, subdivision 2.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. [3.9791] LEGISLATIVE ENVIRONMENT COMMISSION.
1.15 Subdivision 1. Creation. (a) The Legislative Environment Commission is
1.16established, consisting of:
1.17(1) three members of the senate appointed by the Subcommittee on Committees of
1.18the senate Committee on Rules and Administration;
1.19(2) three members of the senate appointed by the senate minority leader;
1.20(3) three members of the house of representatives appointed by the speaker of the
1.21house; and
1.22(4) three members of the house of representatives appointed by the house of
1.23representatives minority leader.
1.24(b) Members shall serve until replaced or until they are not members of the
1.25legislative body from which they were appointed. Appointing authorities shall fill
1.26vacancies on the commission within 30 days of a vacancy being created. In making
1.27appointments, the appointing authorities must attempt to provide for geographic balance.
2.1(c) The first meeting of the commission shall be convened by the chair of the
2.2Legislative Coordinating Commission no later than January 15, 2012, and members shall
2.3elect a chair and vice-chair. Thereafter, the commission shall meet in January of each
2.4odd-numbered year to elect its chair and vice-chair. Members shall serve until successors
2.5are elected. The chair and vice-chair shall alternate biennially between the senate and the
2.6house of representatives. The commission shall meet at the call of the chair. The members
2.7shall serve without compensation, but be reimbursed for their reasonable expenses as
2.8members of the legislature. The commission may exercise the powers prescribed by
2.9section 3.153.
2.10 Subd. 2. Duties. The Legislative Environment Commission shall:
2.11(1) review and make recommendations to the legislature on the state's environment
2.12and natural resources policies and goals;
2.13(2) make recommendations to the legislature on appropriations of money from the
2.14outdoor heritage fund, clean water fund, environment and natural resources trust fund,
2.15state land and water conservation account in the natural resources fund, and Great Lakes
2.16protection fund;
2.17(3) ensure the commission's recommendations are consistent with the goals of
2.18existing natural resource plans, including the Minnesota Statewide Conservation and
2.19Preservation Plan, the Minnesota Water Sustainability Framework, and the 25-year
2.20long-range framework developed for the outdoor heritage fund; and
2.21(4) establish benchmarks and other mechanisms to measure the results of the
2.22expenditures from the funds and evaluate those results.
2.23 Subd. 3. Staff; administrative expenses. The commission may employ
2.24professional and technical assistants as it deems necessary to perform the duties
2.25prescribed in this section. Up to one-half of one percent of the amount appropriated in the
2.26biennium from each of the funds identified in subdivision 2, clause (2), may be used to
2.27pay for administrative expenses of the commission and for compensation and expense
2.28reimbursement of commission members.
2.29 Sec. 2. Minnesota Statutes 2010, section 4.071, subdivision 2, is amended to read:
2.30 Subd. 2. Minnesota resources projects. The legislature intends to appropriate
2.31one-half of the oil overcharge money for projects that have been reviewed and
2.32recommended by the Legislative-Citizen Commission on Minnesota Resources or its
2.33successor.
2.34
3.1 Sec. 3. Minnesota Statutes 2010, section 10A.01, subdivision 35, is amended to read:
3.2 Subd. 35. Public official. "Public official" means any:
3.3 (1) member of the legislature;
3.4 (2) individual employed by the legislature as secretary of the senate, legislative
3.5auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
3.6legislative analyst, or attorney in the Office of Senate Counsel and Research or House
3.7Research;
3.8 (3) constitutional officer in the executive branch and the officer's chief administrative
3.9deputy;
3.10 (4) solicitor general or deputy, assistant, or special assistant attorney general;
3.11 (5) commissioner, deputy commissioner, or assistant commissioner of any state
3.12department or agency as listed in section
3.13officer;
3.14 (6) member, chief administrative officer, or deputy chief administrative officer of a
3.15state board or commission that has either the power to adopt, amend, or repeal rules under
3.16chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
3.17 (7) individual employed in the executive branch who is authorized to adopt, amend,
3.18or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
3.19 (8) executive director of the State Board of Investment;
3.20 (9) deputy of any official listed in clauses (7) and (8);
3.21 (10) judge of the Workers' Compensation Court of Appeals;
3.22 (11) administrative law judge or compensation judge in the State Office of
3.23Administrative Hearings or unemployment law judge in the Department of Employment
3.24and Economic Development;
3.25 (12) member, regional administrator, division director, general counsel, or operations
3.26manager of the Metropolitan Council;
3.27 (13) member or chief administrator of a metropolitan agency;
3.28 (14) director of the Division of Alcohol and Gambling Enforcement in the
3.29Department of Public Safety;
3.30 (15) member or executive director of the Higher Education Facilities Authority;
3.31 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
3.32 (17) member of the board of directors or executive director of the Minnesota State
3.33High School League;
3.34 (18) member of the Minnesota Ballpark Authority established in section
3.35 (19)
4.1
4.2organization as defined under section
4.3
4.4
4.5
4.6
4.7 Sec. 4. Minnesota Statutes 2010, section 89.022, subdivision 2, is amended to read:
4.8 Subd. 2. Exemption. The commissioner of natural resources may apply to the
4.9
4.10Board for an exemption from the exchange or sale requirements of subdivision 1 in
4.11instances where it can be demonstrated that unique recreational, historical or scientific
4.12values would be destroyed by the exchange or sale of tillable land or a farm homestead.
4.13Exemptions shall be decided by the commission on an individual basis. If the application
4.14for exemption is not decided by the commission within 90 days, the application shall
4.15be deemed to have been denied.
4.16 Sec. 5. Minnesota Statutes 2010, section 97A.056, subdivision 1, is amended to read:
4.17 Subdivision 1. Outdoor heritage fund. An outdoor heritage fund, under article XI,
4.18section 15, of the Minnesota Constitution, is established as an account in the state treasury.
4.19All money earned by the outdoor heritage fund must be credited to the fund.
4.20
4.21and enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.
4.22 Sec. 6. Minnesota Statutes 2010, section 97A.056, subdivision 6, is amended to read:
4.23 Subd. 6. Audit. The legislative auditor shall audit the outdoor heritage fund
4.24expenditures
4.25ensure that the money is spent to restore, protect, and enhance wetlands, prairies, forests,
4.26and habitat for fish, game, and wildlife.
4.27 Sec. 7. Minnesota Statutes 2010, section 97A.056, subdivision 8, is amended to read:
4.28 Subd. 8. Revenues. When a parcel of land that was previously purchased with
4.29outdoor heritage funds is transferred to the state, the owner of the land shall disclose to the
4.30
4.31(1) all revenues generated from activities on the land from the time the land was
4.32purchased with outdoor heritage funds until the land was transferred to the state;
5.1(2) all holding costs associated with managing the land between the time of purchase
5.2with outdoor heritage funds and the time the land was transferred to the state; and
5.3(3) the total net revenues as determined by subtracting the costs described in clause
5.4(2) from the revenues described in clause (1).
5.5 Sec. 8. Minnesota Statutes 2010, section 97A.056, subdivision 9, is amended to read:
5.6 Subd. 9. Lands in public domain. Money appropriated from the outdoor heritage
5.7fund shall not be used to purchase any land in fee title or a permanent conservation
5.8easement if the land in question is fully or partially owned by the state of Minnesota
5.9or a political subdivision of the state, unless
5.10benefit to protect, restore, or enhance the state's wetlands, prairies, forests, or habitat
5.11for fish, game, and wildlife
5.12
5.13
5.14
5.15
5.16 Sec. 9. Minnesota Statutes 2010, section 290.431, is amended to read:
5.17290.431 NONGAME WILDLIFE CHECKOFF.
5.18Every individual who files an income tax return or property tax refund claim form
5.19may designate on their original return that $1 or more shall be added to the tax or deducted
5.20from the refund that would otherwise be payable by or to that individual and paid into an
5.21account to be established for the management of nongame wildlife. The commissioner
5.22of revenue shall, on the income tax return and the property tax refund claim form, notify
5.23filers of their right to designate that a portion of their tax or refund shall be paid into the
5.24nongame wildlife management account. The sum of the amounts so designated to be paid
5.25shall be credited to the nongame wildlife management account for use by the nongame
5.26program in the Department of Natural Resources. All interest earned on money accrued,
5.27gifts to the program, contributions to the program, and reimbursements of expenditures
5.28in the nongame wildlife management account shall be credited to the account by the
5.29commissioner of management and budget, except that gifts or contributions received
5.30directly by the commissioner of natural resources and directed by the contributor for
5.31use in specific nongame field projects or geographic areas shall be handled according to
5.32section
5.33
5.34
6.1The state pledges and agrees with all contributors to the nongame wildlife
6.2management account to use the funds contributed solely for the management of nongame
6.3wildlife projects and further agrees that it will not impose additional conditions or
6.4restrictions that will limit or otherwise restrict the ability of the commissioner of natural
6.5resources to use the available funds for the most efficient and effective management of
6.6nongame wildlife. The commissioner may use funds appropriated for nongame wildlife
6.7programs for the purpose of developing, preserving, restoring, and maintaining wintering
6.8habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
6.9or contract with any nonprofit organization dedicated to the construction, maintenance, and
6.10repair of such projects that are acceptable to the governmental agency having jurisdiction
6.11over the land and water affected by the projects. Under this authority, the commissioner
6.12may execute agreements and contracts if the commissioner determines that the use of the
6.13funds will benefit neotropical migrant birds that breed in or migrate through the state.
6.14 Sec. 10. Minnesota Statutes 2010, section 290.432, is amended to read:
6.15290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
6.16A corporation that files an income tax return may designate on its original return that
6.17$1 or more shall be added to the tax or deducted from the refund that would otherwise
6.18be payable by or to that corporation and paid into the nongame wildlife management
6.19account established by section
6.20for its nongame wildlife program. The commissioner of revenue shall, on the corporate
6.21tax return, notify filers of their right to designate that a portion of their tax return be paid
6.22into the nongame wildlife management account for the protection of endangered natural
6.23resources. All interest earned on money accrued, gifts to the program, contributions to
6.24the program, and reimbursements of expenditures in the nongame wildlife management
6.25account shall be credited to the account by the commissioner of management and budget,
6.26except that gifts or contributions received directly by the commissioner of natural
6.27resources and directed by the contributor for use in specific nongame field projects or
6.28geographic areas shall be handled according to section
6.29
6.30
6.31
6.32The state pledges and agrees with all corporate contributors to the nongame wildlife
6.33account to use the funds contributed solely for the nongame wildlife program and further
6.34agrees that it will not impose additional conditions or restrictions that will limit or
7.1otherwise restrict the ability of the commissioner of natural resources to use the available
7.2funds for the most efficient and effective management of those programs.
7.3 Sec. 11. STAFF TRANSITION PLAN.
7.4The Legislative Coordinating Commission shall prepare and submit a plan to the
7.5legislature on the staffing of the Legislative Environment Commission and the transition
7.6of staff of the Lessard-Sams Outdoor Heritage Council and the Legislative-Citizen
7.7Commission on Minnesota Resources by January 15, 2012.
7.8 Sec. 12. REVISOR'S INSTRUCTION.
7.9(a) The revisor of statutes shall change the term "Clean Water Council," or "council"
7.10when referring thereto, to "Legislative Environment Commission," or "commission"
7.11wherever it appears in Minnesota Statutes.
7.12(b) The revisor of statutes shall change the term "Legislative-Citizen Commission
7.13on Minnesota Resources" to "Legislative Environment Commission" wherever it appears
7.14in Minnesota Statutes.
7.15 Sec. 13. REPEALER.
7.16Minnesota Statutes 2010, sections 97A.056, subdivisions 2, 3, 4, 5, and 7; 114D.15,
7.17subdivision 3; 114D.30, subdivisions 1, 2, 3, 4, and 7; 116P.05; 116P.07; 116P.08,
7.18subdivisions 3, 4, 5, 6, and 7; 116P.09; 116P.12; and 116Q.02, subdivision 2, are repealed.
7.19 Sec. 14. EFFECTIVE DATE.
7.20Sections 1 to 14 are effective June 30, 2011.
