Bill Text: MN SF2824 | 2013-2014 | 88th Legislature | Introduced


Bill Title: Eminent domain property acquisition constitutionally dedicated funds use prohibition

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-03-26 - Author added Nelson [SF2824 Detail]

Download: Minnesota-2013-SF2824-Introduced.html

1.1A bill for an act
1.2relating to finance; prohibiting the use of certain constitutionally dedicated funds
1.3to acquire property by eminent domain;amending Minnesota Statutes 2012,
1.4sections 85.53, subdivision 2; 97A.056, subdivision 1; 129D.17, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 85.53, subdivision 2, is amended to read:
1.7    Subd. 2. Expenditures; accountability. (a) A project or program receiving funding
1.8from the parks and trails fund must meet or exceed the constitutional requirement to
1.9support parks and trails of regional or statewide significance. A project or program
1.10receiving funding from the parks and trails fund must include measurable outcomes, as
1.11defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the
1.12results. A project or program must be consistent with current science and incorporate
1.13state-of-the-art technology, except when the project or program is a portrayal or restoration
1.14of historical significance.
1.15(b) Money from the parks and trails fund shall be expended to balance the benefits
1.16across all regions and residents of the state.
1.17(c) A state agency or other recipient of a direct appropriation from the parks and
1.18trails fund must compile and submit all information for funded projects or programs,
1.19including the proposed measurable outcomes and all other items required under section
1.203.303, subdivision 10 , to the Legislative Coordinating Commission as soon as practicable
1.21or by January 15 of the applicable fiscal year, whichever comes first. The Legislative
1.22Coordinating Commission must post submitted information on the Web site required
1.23under section 3.303, subdivision 10, as soon as it becomes available.
2.1(d) Grants funded by the parks and trails fund must be implemented according to
2.2section 16B.98 and must account for all expenditures. Proposals must specify a process
2.3for any regranting envisioned. Priority for grant proposals must be given to proposals
2.4involving grants that will be competitively awarded.
2.5(e) Money from the parks and trails fund may only be spent on projects located
2.6in Minnesota.
2.7(f) When practicable, a direct recipient of an appropriation from the parks and
2.8trails fund shall prominently display on the recipient's Web site home page the legacy
2.9logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws
2.102010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more
2.11information." When a person clicks on the legacy logo image, the Web site must direct
2.12the person to a Web page that includes both the contact information that a person may
2.13use to obtain additional information, as well as a link to the Legislative Coordinating
2.14Commission Web site required under section 3.303, subdivision 10.
2.15(g) Future eligibility for money from the parks and trails fund is contingent upon a
2.16state agency or other recipient satisfying all applicable requirements in this section, as
2.17well as any additional requirements contained in applicable session law.
2.18(h) Money appropriated from the parks and trails fund shall not be spent to acquire
2.19property by eminent domain or to acquire property that has previously been acquired
2.20by eminent domain.

2.21    Sec. 2. Minnesota Statutes 2012, section 97A.056, subdivision 1, is amended to read:
2.22    Subdivision 1. Outdoor heritage fund. An outdoor heritage fund, under article
2.23XI, section 15, of the Minnesota Constitution, is established as an account in the state
2.24treasury. All money earned by the outdoor heritage fund must be credited to the fund. At
2.25least 99 percent of the money appropriated from the fund must be expended to restore,
2.26protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.
2.27 Money appropriated from the outdoor heritage fund shall not be spent to acquire property
2.28by eminent domain or to acquire property that has previously been acquired by eminent
2.29domain.

2.30    Sec. 3. Minnesota Statutes 2012, section 129D.17, subdivision 2, is amended to read:
2.31    Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural
2.32heritage fund may be spent only for arts, arts education, and arts access, and to preserve
2.33Minnesota's history and cultural heritage. A project or program receiving funding from
2.34the arts and cultural heritage fund must include measurable outcomes, and a plan for
3.1measuring and evaluating the results. A project or program must be consistent with current
3.2scholarship, or best practices, when appropriate and must incorporate state-of-the-art
3.3technology when appropriate.
3.4(b) Funding from the arts and cultural heritage fund may be granted for an entire
3.5project or for part of a project so long as the recipient provides a description and cost for
3.6the entire project and can demonstrate that it has adequate resources to ensure that the
3.7entire project will be completed.
3.8(c) Money from the arts and cultural heritage fund shall be expended for benefits
3.9across all regions and residents of the state.
3.10(d) A state agency or other recipient of a direct appropriation from the arts and
3.11cultural heritage fund must compile and submit all information for funded projects or
3.12programs, including the proposed measurable outcomes and all other items required
3.13under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon
3.14as practicable or by January 15 of the applicable fiscal year, whichever comes first. The
3.15Legislative Coordinating Commission must post submitted information on the Web site
3.16required under section 3.303, subdivision 10, as soon as it becomes available.
3.17(e) Grants funded by the arts and cultural heritage fund must be implemented
3.18according to section 16B.98 and must account for all expenditures of funds. Priority for
3.19grant proposals must be given to proposals involving grants that will be competitively
3.20awarded.
3.21(f) All money from the arts and cultural heritage fund must be for projects located
3.22in Minnesota.
3.23(g) When practicable, a direct recipient of an appropriation from the arts and cultural
3.24heritage fund shall prominently display on the recipient's Web site home page the legacy
3.25logo required under Laws 2009, chapter 172, article 5, section 10, as amended by Laws
3.262010, chapter 361, article 3, section 5, accompanied by the phrase "Click here for more
3.27information." When a person clicks on the legacy logo image, the Web site must direct
3.28the person to a Web page that includes both the contact information that a person may
3.29use to obtain additional information, as well as a link to the Legislative Coordinating
3.30Commission Web site required under section 3.303, subdivision 10.
3.31(h) Future eligibility for money from the arts and cultural heritage fund is contingent
3.32upon a state agency or other recipient satisfying all applicable requirements in this section,
3.33as well as any additional requirements contained in applicable session law.
3.34(i) Money appropriated from the arts and cultural fund shall not be spent to acquire
3.35property by eminent domain or to acquire property that has previously been acquired
3.36by eminent domain.
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