Minnesota Legislature
HF 2146
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:00am
Current Version - as introduced
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A bill for an act
relating to state government; clarifying Minnesota Management and Budget
oversight; establishing the management analysis revolving fund; appropriating
money; amending Minnesota Statutes 2008, sections 13.64; 16A.055, by adding
a subdivision; 16A.126; 16B.36, subdivision 1; 16B.48, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 43A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 13.64, is amended to read:
13.64 new text begin MINNESOTA MANAGEMENT AND BUDGET new text end DEPARTMENT deleted text begin OF
ADMINISTRATION deleted text end DATA.
(a) Notes and preliminary drafts of reports created, collected, or maintained by the
Management Analysis Division, new text begin Minnesota Management and Budget new text end Department deleted text begin of
Administrationdeleted text end , and prepared during management studies, audits, reviews, consultations,
or investigations are classified as confidential or protected nonpublic data until the final
report has been published or preparation of the report is no longer being actively pursued.
(b) Data that support the conclusions of the report and that the commissioner of
deleted text begin administrationdeleted text end new text begin Minnesota Management and Budget new text end reasonably believes will result in
litigation are confidential or protected nonpublic until the litigation has been completed
or until the litigation is no longer being actively pursued.
(c) Data on individuals that could reasonably be used to determine the identity of an
individual supplying data for a report are private if:
(1) the data supplied by the individual were needed for a report; and
(2) the data would not have been provided to the Management Analysis Division
without an assurance to the individual that the individual's identity would remain private,
or the Management Analysis Division reasonably believes that the individual would not
have provided the data.
Sec. 2.
Minnesota Statutes 2008, section 16A.055, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Additional duties. new text end
new text begin
The commissioner may assist state agencies by
providing analytical, statistical, and organizational development services to state agencies
in order to assist the agency to achieve the agency's mission and to operate efficiently
and effectively.
new text end
Sec. 3.
Minnesota Statutes 2008, section 16A.126, is amended to read:
16A.126 REVOLVING FUND BILLING.
Subdivision 1.
Set rates.
The commissioner shall approve the rates an agency must
pay to a revolving fund for services.new text begin Funds subject to this subdivision include, but are
not limited to, the revolving funds established in sections 4A.05, 14.46, 16B.48, 16B.51,
16B.53, 16B.54, 16B.58, 16B.85, 16C.03, 16E.14, 43A.55, and 176.591, and the fund
established in section 43A.30.
new text end
Subd. 2.
Immediate needs.
To reduce reserves for unforeseen needs, and so reduce
these rates, the commissioner may transfer money from the general fund to a revolving
fund. Before doing so, the commissioner must decide there is not enough money in
the revolving fund for an immediate, necessary expenditure. The amount necessary to
make the transfer is appropriated from the general fund to the commissioner of deleted text begin financedeleted text end new text begin
Minnesota Management and Budgetnew text end . The commissioner shall report the amount and
purpose of the transfer to the chair of the committee or division in the senate and house of
representatives with primary jurisdiction over the budget of the new text begin Minnesota Management
and Budget new text end Department deleted text begin of Financedeleted text end .
Subd. 3.
Repayment schedules.
The commissioner shall make schedules for
repayment to the general fund of the transferred money. A schedule to repay money used
to buy equipment may extend over the equipment's useful life. Otherwise, a schedule may
not extend beyond five years. The repayment must include interest at a rate comparable to
the rate earned by the state on invested commissioner of deleted text begin finance'sdeleted text end new text begin Minnesota Management
and Budget's new text end cash, as determined monthly by the commissioner. An amount necessary to
pay the interest is appropriated from the revolving fund to which the transfer was made.
Sec. 4.
Minnesota Statutes 2008, section 16B.36, subdivision 1, is amended to read:
Subdivision 1.
Authority.
The commissioner may examine, investigate, or make
a survey of the organization, administration, and management of state agencies and
institutions under their control, and may assist state agencies deleted text begin by providing analytical,
statistical, and organizational development services to themdeleted text end in order to secure greater
efficiency and economy through reorganization or consolidation of agencies or functions
and to eliminate duplication of function, effort, or activity, so far as possible. The
commissioner shall periodically submit to the legislature a list of the studies being
conducted for this purpose and any future studies scheduled at the time the list is
submitted. For purposes of this section, the Minnesota State Colleges and Universities is
a state agency.
Sec. 5.
Minnesota Statutes 2008, section 16B.48, subdivision 2, is amended to read:
Subd. 2.
Purpose of funds.
Money in the state treasury credited to the general
services revolving fund and money that is deposited in the fund is appropriated annually to
the commissioner for the following purposes:
(1) to operate a central store and equipment service;
(2) to operate the central mailing service, including purchasing postage and related
items and refunding postage deposits;
(3) to operate a documents service as prescribed by section 16B.51;
(4) to provide services for the maintenance, operation, and upkeep of buildings and
grounds managed by the commissioner of administration;
(5) to operate a materials handling service, including interagency mail and product
delivery, solid waste removal, courier service, equipment rental, and vehicle and
equipment maintenance;
deleted text begin
(6) to provide analytical, statistical, and organizational development services to
state agencies, local units of government, metropolitan and regional agencies, and school
districts;
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end to operate a records center and provide micrographics products and services;
and
deleted text begin (8)deleted text end new text begin (7)new text end to perform services for any other agency. Money may be expended for
this purpose only when directed by the governor. The agency receiving the services
shall reimburse the fund for their cost, and the commissioner shall make the appropriate
transfers when requested. The term "services" as used in this clause means compensation
paid officers and employees of the state government; supplies, materials, equipment,
and other articles and things used by or furnished to an agency; and utility services and
other services for the maintenance, operation, and upkeep of buildings and offices of the
state government.
Sec. 6.
new text begin
[43A.55] MANAGEMENT ANALYSIS REVOLVING FUND.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
The management analysis revolving fund is created in the
state treasury.
new text end
new text begin Subd. 2. new text end
new text begin Appropriation and use of funds. new text end
new text begin
Money in the management analysis
revolving fund is appropriated annually to the commissioner to provide analytical,
statistical, and organizational development services to state agencies, local units of
government, metropolitan and regional agencies, school districts, and other public entities
in the state.
new text end
new text begin Subd. 3. new text end
new text begin Reimbursements. new text end
new text begin
Except as specifically provided otherwise, each agency
shall reimburse the management analysis revolving fund for the cost of all services,
supplies, materials, labor and depreciation of equipment, including reasonable overhead
costs, which the commissioner is authorized and directed to furnish an agency. The
commissioner shall report the rates to be charged for the revolving fund no later than July
1 of each year to the chair of the committee or division of the senate or the house of
representatives with primary jurisdiction over the budget of the Minnesota Management
and Budget Department.
new text end
new text begin Subd. 4. new text end
new text begin Cash flow. new text end
new text begin
The commissioner may make appropriate transfers to the
revolving fund according to section 16A.126. The commissioner may make allotment
and encumbrances in anticipation of these transfers. In addition, the commissioner may
require an agency to make advance payments to the revolving fund sufficient to cover
the office's estimated obligation for a period of at least 60 days. All reimbursements
and other money received by the commissioner under this section must be deposited in
the management analysis revolving fund.
new text end
new text begin Subd. 5. new text end
new text begin Liquidation. new text end
new text begin
If the management analysis revolving fund is abolished or
liquidated, the total net profit from the operation of the fund must be distributed to the
various funds from which purchases were made. For a given period of time, the amount of
total net profit to be distributed to each fund shall reflect the same ratio of total purchases
attributable to each fund divided by the total purchases from all funds.
new text end