HF 1291

as introduced - 88th Legislature (2013 - 2014) Posted on 03/15/2013 12:17am

A bill for an act
relating to state government; providing that certain appropriations continue in
effect with certain exceptions and adjustments; proposing coding for new law
in Minnesota Statutes, chapter 16A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [16A.117] CONTINUING APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriations continue for one year. new text end

new text begin If a major appropriation bill
is not enacted before July 1 of an odd-numbered year, the existing appropriation amounts
pertaining to that bill for the fiscal year ending that June 30 are in effect again at the base
level through the fiscal year beginning July 1 of that odd-numbered year. The base level
is the amount appropriated for the fiscal year ending that June 30, except as otherwise
provided by subdivision 2 or by other law. The amounts needed to implement this section
are appropriated from each fund covered by this section. The house of representatives
and the senate may adopt joint resolutions designating the major appropriations bills and
specifying which appropriations pertain to each major appropriations bill for purposes
of this section.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions and adjustments. new text end

new text begin (a) An appropriation remaining in effect
under authority of subdivision 1 must be adjusted or discontinued as required by other
law and according to paragraphs (b) to (d).
new text end

new text begin (b) An appropriation for the fiscal year ending June 30 of the odd-numbered year
does not remain in effect for the fiscal year starting on July 1 if the legislature specifically
designated the appropriation as a onetime appropriation, if the commissioner of
management and budget determines that the legislature clearly intended the appropriation
to be onetime, or if the program for which the appropriation was made expires on or
before July 1.
new text end

new text begin (c) If an appropriation remains in effect under authority of subdivision 1, but the
program or activity that is the subject of the appropriation is scheduled to expire during a
fiscal year, the commissioner of management and budget must prorate the appropriation.
new text end

new text begin (d) The commissioner of management and budget may make technical adjustments
to the amount of an appropriation to the extent the commissioner determines the technical
adjustments are needed to accurately reflect the amount that constitutes the annual
base level of the appropriation. The commissioner may make an adjustment under this
paragraph only if one or more of the following conditions is met:
new text end

new text begin (1) the legislature previously appropriated money for a biennium, with the entire
appropriation being allocated to one year of the biennium, and the commissioner
determines an adjustment is necessary to accurately reflect the annual amount needed to
maintain program operations at the same level;
new text end

new text begin (2) laws or policies under which revenues and expenditures are accounted for have
changed to eliminate or consolidate certain funds or accounts or to create new funds or
accounts, and adjustments in appropriations are necessary to implement these changes;
new text end

new text begin (3) duties have been transferred between agency programs, or between agencies, and
adjustments in appropriations are necessary to reflect these transfers; or
new text end

new text begin (4) a program, or changes to a program, were not fully operational in one fiscal year,
but will be fully operational in the following year, and an adjustment to the appropriation
is needed to accurately reflect the annual cost of the new or changed program.
new text end

new text begin The commissioner of management and budget must give the chairs and lead
minority caucus members of the senate finance and house ways and means committees
written notice of any adjustments made under this subdivision.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective July 1, 2013.
new text end