Bill Text: MN HF1065 | 2013-2014 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Greater Minnesota Regional Parks and Trails Commission created.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Introduced - Dead) 2013-03-20 - Author added FitzSimmons [HF1065 Detail]

Download: Minnesota-2013-HF1065-Introduced.html

1.1A bill for an act
1.2relating to natural resources; creating the Greater Minnesota Parks and Trails
1.3Commission; appropriating money;amending Minnesota Statutes 2012, section
1.4160.266, subdivision 5; proposing coding for new law in Minnesota Statutes,
1.5chapter 85; repealing Minnesota Statutes 2012, section 85.535.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. [85.536] GREATER MINNESOTA PARKS AND TRAILS
1.8COMMISSION.
1.9    Subdivision 1. Establishment; purpose. The Greater Minnesota Parks and
1.10Trails Commission is created as a nonprofit corporation under section 501(c)(3) of the
1.11Internal Revenue Code of 1986, as amended. The Greater Minnesota Parks and Trails
1.12Commission is established to undertake system planning and provide grants to counties
1.13and cities outside of the seven-county metropolitan area for parks and trails of statewide
1.14or regional significance.
1.15    Subd. 2. Commission. (a) The commission is comprised of:
1.16(1) one representative from each Association of Minnesota Counties district outside
1.17of the seven-county metropolitan area; and
1.18(2) one representative from each Department of Natural Resources administrative
1.19region outside of the seven-county metropolitan area.
1.20(b) The commission shall develop the terms, compensation, removal, and procedures
1.21for selection and succession of representatives on the commission in the commission's
1.22bylaws.
1.23(c) Initial appointment of the commission shall be made by the Greater Minnesota
1.24Regional Parks and Trails Coalition for a term of two years.
1.25    Subd. 3. Duties. The commission shall:
2.1(1) develop and implement a parks and trails plan for greater Minnesota parks and
2.2trails of regional or statewide significance consistent with the Greater Minnesota Regional
2.3Parks and Trails Strategic Plan and the Minnesota State and Regional Parks and Trails
2.4Legacy Plan; and
2.5(2) distribute grants to counties and cities for parks and trails of regional or statewide
2.6significance.
2.7    Subd. 4. Grant priorities; amounts. (a) In awarding grants under this section, the
2.8commission shall consult and incorporate recommendations of the Greater Minnesota
2.9Regional Parks and Trails Strategic Plan and the Minnesota State and Regional Parks
2.10and Trails Legacy Plan.
2.11(b) The commission shall determine grant amounts through an adopted merit-based
2.12evaluation process. The evaluation process is not subject to the rulemaking provisions of
2.13chapter 14 and section 14.386 does not apply.
2.14    Subd. 5. Staff. The commission may hire a director, consultants, and other staff as
2.15necessary to carry out the duties of the commission. Persons employed by the commission
2.16are not state employees but may participate in state retirement, deferred compensation,
2.17insurance, or other plans that apply to state employees generally and are subject to
2.18regulation by the state Campaign Finance and Public Disclosure Commission.
2.19    Subd. 6. Bylaws. The commission shall adopt bylaws necessary for the conduct of
2.20the business of the commission consistent with this section. The commission must publish
2.21bylaws and amendments to the bylaws in the State Register.
2.22    Subd. 7. Place of business. The commission shall locate and maintain the
2.23commission's place of business within the state.
2.24    Subd. 8. Chair. The commission shall annually elect from among its members a
2.25chair and other officers necessary for the performance of its duties.
2.26    Subd. 9. Meetings. The commission shall meet at least twice each year and may
2.27hold additional meetings upon giving notice according to the bylaws of the commission.
2.28Commission meetings are subject to chapter 13D.
2.29    Subd. 10. Conflict of interest. A director, employee, or officer of the commission
2.30may not participate in or vote on a decision of the commission relating to an organization
2.31in which the director, employee, or officer has either a direct or indirect financial interest.
2.32    Subd. 11. No benefit to private individuals or corporations. The commission
2.33shall not afford pecuniary gain, incidental or otherwise, to any private individual, firm, or
2.34corporation, except the payment of reasonable fees for goods and services provided and
2.35approved according to the bylaws of the commission. No part of the net income or net
3.1earnings of the commission shall, directly or indirectly, be distributable to or otherwise
3.2inure to the benefit of any individual.
3.3    Subd. 12. Funds. The commission may accept and use gifts, grants, or contributions
3.4from any source. Unless otherwise restricted by the terms of a gift or bequest, the
3.5commission may sell, exchange, or otherwise dispose of and invest or reinvest the money,
3.6securities, or other property given or bequested to it. The principal of the funds, the
3.7income from them, and all other revenues received by the commission from any nonstate
3.8source must be placed in the depositories the commission determines and is subject to
3.9expenditure for the commission's purposes. Expenditures of more than $25,000 must be
3.10approved by the full commission.
3.11    Subd. 13. Accounts; audits. The commission may establish funds and accounts that
3.12it finds convenient. The commission shall provide for and pay the cost of an independent
3.13annual audit of its official books and records by the legislative auditor subject to sections
3.143.971 and 3.972. A copy of this audit shall be filed with the secretary of state.
3.15    Subd. 14. Definition. For purposes of this section, "commission" means the Greater
3.16Minnesota Parks and Trails Commission established under this section.

3.17    Sec. 2. Minnesota Statutes 2012, section 160.266, subdivision 5, is amended to read:
3.18    Subd. 5. Funding. Bicycle paths included within the bikeway and not administered
3.19by the commissioner of natural resources are eligible for funding from the environment
3.20and natural resources trust fund under chapter 116P, from the parks and trails grant
3.21program under section 85.535 85.536, from the local recreation grants program under
3.22section 85.019, subdivision 4b, and from other sources.

3.23    Sec. 3. APPROPRIATION.
3.24$....... in fiscal year 2014 and $....... in fiscal year 2015 from the parks and trails fund
3.25are appropriated to the commissioner of natural resources to contract with the Greater
3.26Minnesota Parks and Trails Commission for the purposes of Minnesota Statutes, section
3.2785.536, subdivision 3. Of this amount, not more than 2.5 percent each year may be used to
3.28develop the park and trails plan under Minnesota Statutes, section 85.536, subdivision
3.293, clause (1). The appropriation must be made directly to the commission after fiscal
3.30year 2015.

3.31    Sec. 4. REPEALER.
3.32Minnesota Statutes 2012, section 85.535, is repealed.
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