1.1 	A bill for an act
1.2 	relating to finance; proposing an amendment to the Minnesota Constitution 
1.3 	by adding a section to article XI; dedicating general fund lottery proceeds to 
1.4 	specified purposes;amending Minnesota Statutes 2007 Supplement, section 
1.5 	10A.01, subdivision 35; proposing coding for new law in Minnesota Statutes, 
1.6 	chapter 97A.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. CONSTITUTIONAL AMENDMENT.
 1.9 	An amendment to the Minnesota Constitution is proposed to  the people.  If the 
1.10 	amendment is adopted, a section will be added to article XI to read: 

1.11 	Sec. 15. Beginning July 1, 2009, until June 30, 2034, at least 60 percent of net proceeds 
1.12 	generated by any state lottery shall be dedicated as follows: 34 percent of the receipts 
1.13 	shall be deposited in the heritage enhancement fund and may be spent only to improve, 
1.14 	enhance, or protect the state's fish, wildlife, habitat, and fish and wildlife tourism; 22 
1.15 	percent of the receipts shall be deposited in the parks and trails fund and may be spent 
1.16 	only on parks, trails, and zoos in the state; 22 percent of the receipts shall be deposited in 
1.17 	the clean water fund and may be spent only on protection and restoration of the state's 
1.18 	lakes, rivers, streams, wetlands, and groundwater; and 22 percent of the receipts shall be 
1.19 	deposited in the arts, humanities, museum, and public broadcasting fund and may be spent 
1.20 	only on arts, humanities, history, museums, and public broadcasting. An arts, humanities, 
1.21 	museum, and public broadcasting fund; a heritage enhancement fund; a parks and trails 
1.22 	fund; and a clean water fund are created in the state treasury. The money dedicated under 
1.23 	this section shall be appropriated by law. The money dedicated under this section for fish, 
1.24 	wildlife, habitat, fish and wildlife tourism, parks, trails, zoos, protection and restoration of 
1.25 	waters, arts, and history shall not be used as a substitute for traditional funding sources for 
2.1 	the purposes specified, but the dedicated money shall supplement traditional sources of 
2.2 	funding for those purposes. Land acquired by fee with money deposited in the heritage 
2.3 	enhancement fund under this section must be open to public taking of fish and game 
2.4 	during the open season unless otherwise provided by law.

2.5 	Sec. 2. SUBMISSION TO VOTERS.
 2.6 	The proposed amendment shall be submitted to the people at the 2008 general 
2.7 	election. The question submitted shall be:
2.8 	"Shall the Minnesota Constitution be amended to provide funding beginning July 1, 
2.9 	2009, until the year 2034, to improve, enhance, or protect the state's fish, wildlife, habitat, 
2.10 	and fish and wildlife tourism; its parks, trails, and zoos; its lakes, rivers, streams, wetlands, 
2.11 	and groundwater; and its arts, humanities, history, museums, and public broadcasting by 
2.12 	dedicating 60 percent of the net proceeds that are currently raised by the state lottery 
2.13 	and deposited in the general fund?

2.14	Yes .......
	
2.15	No ......."

2.16 	Sec. 3. Minnesota Statutes 2007 Supplement, section 10A.01, subdivision 35, is 
2.17 	amended to read:
2.18 		Subd. 35.Public official. "Public official" means any:
2.19 	(1) member of the legislature;
2.20 	(2) individual employed by the legislature as secretary of the senate, legislative 
2.21 	auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or 
2.22 	attorney in the Office of Senate Counsel and Research or House Research;
2.23 	(3) constitutional officer in the executive branch and the officer's chief administrative 
2.24 	deputy;
2.25 	(4) solicitor general or deputy, assistant, or special assistant attorney general;
2.26 	(5) commissioner, deputy commissioner, or assistant commissioner of any state 
2.27 	department or agency as listed in section 15.01 or 15.06, or the state chief information 
2.28 	officer;
2.29 	(6) member, chief administrative officer, or deputy chief administrative officer of a 
2.30 	state board or commission that has either the power to adopt, amend, or repeal rules under 
2.31 	chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
2.32 	(7) individual employed in the executive branch who is authorized to adopt, amend, 
2.33 	or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
2.34 	(8) executive director of the State Board of Investment;
3.1 	(9) deputy of any official listed in clauses (7) and (8);
3.2 	(10) judge of the Workers' Compensation Court of Appeals;
3.3 	(11) administrative law judge or compensation judge in the State Office of 
3.4 	Administrative Hearings or referee in the Department of Employment and Economic 
3.5 	Development;
3.6 	(12) member, regional administrator, division director, general counsel, or operations 
3.7 	manager of the Metropolitan Council;
3.8 	(13) member or chief administrator of a metropolitan agency;
3.9 	(14) director of the Division of Alcohol and Gambling Enforcement in the 
3.10 	Department of Public Safety;
3.11 	(15) member or executive director of the Higher Education Facilities Authority;
3.12 	(16) member of the board of directors or president of Minnesota Technology, Inc.; 
3.13 	(17) member of the board of directors or executive director of the Minnesota State 
3.14 	High School League;
3.15 	(18) member of the Minnesota Ballpark Authority established in section 473.755; 
3.16 	(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
3.17 	(20) manager of a watershed district, or member of a watershed management 
3.18 	organization as defined under section 103B.205, subdivision 13; or
3.19 	(21) supervisor of a soil and water conservation district; or
3.20 	(22) member of the Heritage Enhancement Council.

3.21 	EFFECTIVE DATE. This section is effective November 15, 2008, if the 
3.22 	constitutional amendment proposed in section 1 is adopted by the voters.

3.23 	Sec. 4. [97A.056] HERITAGE ENHANCEMENT FUND; HERITAGE 
3.24 	ENHANCEMENT COUNCIL.
3.25 		Subdivision 1.Heritage enhancement fund. The heritage enhancement fund is 
3.26 	established in the Minnesota Constitution, article XI, section 15. All money earned by 
3.27 	the heritage enhancement fund must be credited to the fund. At least 97 percent of the 
3.28 	money appropriated from the fund must be spent on specific fish, wildlife, habitat, and 
3.29 	fish and wildlife tourism projects.
3.30 		Subd. 2.Heritage Enhancement Council. (a) A Heritage Enhancement Council of 
3.31 	11 members is created consisting of:
3.32 	(1) two members of the senate appointed by the senate Subcommittee on Committees 
3.33 	of the Committee on Rules and Administration; 
3.34 	(2) two members of the house of representatives appointed by the speaker of the 
3.35 	house of representatives;
4.1 	(3) two public members representing hunting, fishing, and wildlife interests 
4.2 	appointed by the senate Subcommittee on Committees of the Committee on Rules and 
4.3 	Administration;
4.4 	(4) two public members representing hunting, fishing, and wildlife interests 
4.5 	appointed by the speaker of the house of representatives; and
4.6 	(5) three public members representing hunting, fishing, and wildlife interests 
4.7 	appointed by the governor.
4.8 	(b) One member from the senate and one member from the house of representatives 
4.9 	must be from the minority caucus. Legislative members are entitled to reimbursement 
4.10 	for per diem expenses plus travel expenses incurred in the services of the council. The 
4.11 	removal and, beginning July 1, 2009, the compensation of, public members are as 
4.12 	provided in section 15.0575.
4.13 	(c) Members shall elect a chair, vice-chair, secretary, and other officers as determined 
4.14 	by the council. The chair may convene meetings as necessary to conduct the duties 
4.15 	prescribed by this section.
4.16 	(d) Membership terms are two years, except that members shall serve on the council 
4.17 	until their successors are appointed.
4.18 	(e) Vacancies occurring on the council do not affect the authority of the remaining 
4.19 	members of the council to carry out their duties. Vacancies shall be filled in the same 
4.20 	manner as under paragraph (a).
4.21 		Subd. 3.Duties of council. (a) The council, in consultation with statewide and local 
4.22 	fishing, forestry, hunting, and wildlife groups, shall develop a biennial budget plan for 
4.23 	expenditures from the heritage enhancement fund. The biennial budget plan may include 
4.24 	grants to statewide and local fishing, forestry, hunting, and wildlife groups to improve, 
4.25 	enhance, or protect fish and wildlife resources.
4.26 	(b) In the biennial budget submitted to the legislature, the governor shall submit 
4.27 	separate budget detail for planned expenditures from the heritage enhancement fund 
4.28 	as recommended by the council.
4.29 	(c) As a condition of acceptance of an appropriation from the heritage enhancement 
4.30 	fund, an agency or entity receiving an appropriation shall submit a work program and 
4.31 	quarterly progress reports for appropriations from the heritage enhancement fund to the 
4.32 	members of the Heritage Enhancement Council in the form determined by the council.
4.33 		Subd. 4.Council administration. (a) The council may employ personnel and 
4.34 	contract with consultants as necessary to carry out functions and duties of the council. 
4.35 	Permanent employees shall be in the unclassified service. The council may request staff 
5.1 	assistance, legal opinion, and data from agencies of state government as needed for the 
5.2 	execution of the responsibilities of the council.
5.3 	(b) Beginning July 1, 2009, the administrative expenses of the council shall be 
5.4 	paid from the heritage enhancement fund.
5.5 	(c) A council member or an employee of the council may not participate in or vote 
5.6 	on a decision of the council relating to an organization in which the member or employee 
5.7 	has either a direct or indirect personal financial interest. While serving on or employed by 
5.8 	the council, a person shall avoid any potential conflict of interest.
5.9 		Subd. 5.Council meetings. Meetings of the council and other groups the council 
5.10 	may establish must be conducted in accordance with chapter 13D. Except where prohibited 
5.11 	by law, the council shall establish additional processes to broaden public involvement 
5.12 	in all aspects of its deliberations.

5.13 	EFFECTIVE DATE. This section is effective November 15, 2008, if the 
5.14 	constitutional amendment proposed in section 1 is adopted by the voters.