Minnesota Legislature
HF 3023
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 02:12pm
Current Version - as introduced
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A bill for an act
relating to state government; providing a statutory appropriation of funds to the
legislature for sums sufficient to operate the house of representatives, senate, and
Legislative Coordinating Commission; requiring the Compensation Council to
prescribe salaries for constitutional officers; amending Minnesota Statutes 2022,
sections 10.44; 10.45; 15A.082, subdivisions 1, 2, 3, 4; 16A.152, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapter 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[3.1985] LEGISLATIVE FUNDING; APPROPRIATION.
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new text begin Subdivision 1. new text end
new text begin Definition. new text end
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As used in this section, "sums sufficient to operate" means
funds necessary to support the functions of the respective entity receiving the appropriation.
These sums may include but are not limited to those necessary for member and employee
compensation and expenses, supplies and facilities management, safety and security,
payments required under lease agreements for real property, and other expenses associated
with legislative sessions, interim activities, public hearings, public outreach, and related
activities.
new text end
new text begin Subd. 2. new text end
new text begin House of representatives. new text end
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(a) Sums sufficient to operate the house of
representatives are appropriated from the general fund or other funds, as appropriate, to the
house of representatives.
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(b) No later than June 30 of each odd-numbered year, the controller of the house of
representatives must certify to the commissioner of management and budget the amounts
to be appropriated under this section for the fiscal year beginning July 1 of the same
odd-numbered year.
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new text begin
(c) No later than October 15 and January 15 of each year, the controller of the house of
representatives must certify to the commissioner of management and budget any changes
to the current biennium's appropriations. Certifications provided by October 15 of an
even-numbered year and January 15 of an odd-numbered year must include estimated
amounts to be appropriated for the fiscal biennium beginning the next July 1.
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(d) Amounts certified under paragraphs (b) and (c) must be the amounts determined by
a majority vote conducted during a public meeting of the house of representatives Committee
on Rules and Legislative Administration. The committee must accept public comment on
the proposed amounts.
new text end
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(e) At any time between the date funds are certified under this subdivision and the last
date for adjusting the certified amount, the Legislative Advisory Commission may convene
a meeting to review and provide advice on the certified amount. At its discretion, the
Committee on Rules and Legislative Administration may incorporate the advice of the
commission when making an adjustment to the certified amount.
new text end
new text begin Subd. 3. new text end
new text begin Senate. new text end
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(a) Sums sufficient to operate the senate are appropriated from the
general fund or other funds, as appropriate, to the senate.
new text end
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(b) No later than June 30 of each odd-numbered year, the secretary of the senate must
certify to the commissioner of management and budget the amounts to be appropriated
under this section for the fiscal year beginning July 1 of the same odd-numbered year.
new text end
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(c) No later than October 15 and January 15 of each year, the secretary of the senate
must certify to the commissioner of management and budget any changes to the current
biennium's appropriations. Certifications provided by October 15 of an even-numbered year
and January 15 of an odd-numbered year must include estimated amounts to be appropriated
for the fiscal biennium beginning the next July 1.
new text end
new text begin
(d) Amounts certified under paragraphs (b) and (c) must be the amounts determined by
a majority vote conducted during a public meeting of the senate Committee on Rules and
Administration. The committee must accept public comment on the proposed amounts.
new text end
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(e) At any time between the date funds are certified under this subdivision and the last
date for adjusting the certified amount, the Legislative Advisory Commission may convene
a meeting to review and provide advice on the certified amount. At its discretion, the senate
Committee on Rules and Administration may incorporate the advice of the commission
when making an adjustment to the certified amount.
new text end
new text begin Subd. 4. new text end
new text begin Legislative Coordinating Commission. new text end
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(a) Sums sufficient to operate the
Legislative Coordinating Commission are appropriated from the general fund or other funds,
as appropriate, to the Legislative Coordinating Commission.
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(b) No later than June 30 of each odd-numbered year, the executive director of the
Legislative Coordinating Commission must certify to the commissioner of management
and budget the amounts to be appropriated under this section for the fiscal biennium
beginning July 1 of the same odd-numbered year.
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(c) No later than October 15 and January 15 of each year, the executive director must
certify to the commissioner of management and budget any changes to the current biennium's
appropriations. Certifications provided by October 15 of an even-numbered year and January
15 of an odd-numbered year must include estimated amounts to be appropriated for the
fiscal biennium beginning the next July 1.
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(d) The amounts certified under paragraphs (b) and (c) must be the amounts recommended
by the Legislative Coordinating Commission by majority vote in a public meeting, and
approved by majority votes of both the house Committee on Rules and Legislative
Administration and the senate Committee on Rules and Administration in public meetings.
The commission and committees must accept public comment on the proposed amounts in
the meetings where the amounts are recommended or approved. The total amount certified
must identify specific amounts appropriated for each of the following joint legislative offices:
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(1) the Legislative Budget Office;
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(2) the Legislative Coordinating Commission;
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(3) the Legislative Reference Library;
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(4) the Office of the Legislative Auditor; and
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(5) the Office of the Revisor of Statutes.
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new text begin Subd. 5. new text end
new text begin Other appropriations. new text end
new text begin
Nothing in this section precludes the house of
representatives, the senate, or a joint legislative office or commission of the Legislative
Coordinating Commission from receiving a direct appropriation by law or another statutory
appropriation for a specific purpose provided in the direct or statutory appropriation. If the
house of representatives, the senate, or a joint legislative office or commission receives a
direct or statutory appropriation, the amount appropriated is distinct from and must not be
considered during the biennial appropriation certification process under subdivision 2, 3,
or 4.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment and
applies to appropriations for fiscal year 2024 and thereafter.
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Sec. 2.
Minnesota Statutes 2022, section 10.44, is amended to read:
10.44 deleted text begin HOUSE, SENATE, COURT, ELECTED OFFICEdeleted text end BUDGETS; HOW
TREATED.
The budgets of the deleted text begin house of representatives, senate,deleted text end constitutional officers, district courts,
court of appeals, and supreme court must be submitted to and considered by the appropriate
committees of the legislature in the same manner as the budgets of executive agencies.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to appropriations for fiscal year 2024 and thereafter.
new text end
Sec. 3.
Minnesota Statutes 2022, section 10.45, is amended to read:
10.45 BUDGETS; INFORMATION.
The budgets of the house of representatives, the senate,new text begin the Legislative Coordinating
Commission,new text end each constitutional officer, the district courts, court of appeals, and supreme
court shall be public information and shall be divided into expense categories. The categories
shall include, among others, travel and telephone expenses.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to budgets adopted for fiscal year 2024 and thereafter.
new text end
Sec. 4.
Minnesota Statutes 2022, section 15A.082, subdivision 1, is amended to read:
Subdivision 1.
Creation.
A Compensation Council is created each odd-numbered year
to deleted text begin assist the legislature in establishingdeleted text end new text begin establishnew text end the compensation of constitutional officers,
justices of the supreme court, judges of the court of appeals and district court, and the heads
of state and metropolitan agencies included in section 15A.0815.
Sec. 5.
Minnesota Statutes 2022, section 15A.082, subdivision 2, is amended to read:
Subd. 2.
Membership.
The Compensation Council consists of 16 members: eight
nonjudges appointed by the chief justice of the supreme court, of whom no more than four
may belong to the same political party; and one member from each congressional district
appointed by the governor, of whom no more than four may belong to the same political
party. Appointments must be made after the first Monday in January and before January deleted text begin 15deleted text end new text begin
31new text end . The compensation and removal of members appointed by the governor or the chief
justice shall be as provided in section 15.059, subdivisions 3 and 4. The Legislative
Coordinating Commission shall provide the council with administrative and support services.
Sec. 6.
Minnesota Statutes 2022, section 15A.082, subdivision 3, is amended to read:
Subd. 3.
Submission of new text begin prescribed salaries and new text end recommendations.
(a) By deleted text begin Aprildeleted text end new text begin Maynew text end
1 in each odd-numbered year, the Compensation Council deleted text begin shall submit to the speaker of the
house and the president of the senate salary recommendationsdeleted text end new text begin must prescribe salariesnew text end for
constitutional officers, justices of the supreme court, and judges of the court of appeals and
district court. The deleted text begin recommendeddeleted text end new text begin prescribednew text end salary for each deleted text begin otherdeleted text end office must take effect deleted text begin on
the first Monday in January of the next odd-numbered year, with no more than one
adjustment, to take effect on January 1 of the year after that. The salary recommendations
for judges and constitutional officers take effect if an appropriation of money to pay the
recommended salaries is enacted after the recommendations are submitted and before their
effective date. Recommendations may be expressly modified or rejecteddeleted text end new text begin July 1 of that year
and July 1 of the subsequent even-numbered year and at whatever interval the Compensation
Council determines thereafter, unless the legislature by law provides otherwisenew text end .
(b) The council shall also submit to the speaker of the house and the president of the
senate recommendations for the salary ranges of the heads of state and metropolitan agencies,
to be effective retroactively from January 1 of that year if enacted into law. The
recommendations shall include the appropriate group in section 15A.0815 to which each
agency head should be assigned and the appropriate limitation on the maximum range of
the salaries of the agency heads in each group, expressed as a percentage of the salary of
the governor.
Sec. 7.
Minnesota Statutes 2022, section 15A.082, subdivision 4, is amended to read:
Subd. 4.
Criteria.
In making compensation deleted text begin recommendationsdeleted text end new text begin determinationsnew text end , the council
shall consider the amount of compensation paid in government service and the private sector
to persons with similar qualifications, the amount of compensation needed to attract and
retain experienced and competent persons, and the ability of the state to pay the recommended
compensation.
Sec. 8.
Minnesota Statutes 2022, section 16A.152, subdivision 4, is amended to read:
Subd. 4.
Reduction.
(a) If the commissioner determines that probable receipts for the
general fund will be less than anticipated, and that the amount available for the remainder
of the biennium will be less than needed, the commissioner shall, with the approval of the
governor, and after consulting the Legislative Advisory Commission, reduce the amount in
the budget reserve account as needed to balance expenditures with revenue.
(b) An additional deficit shall, with the approval of the governor, and after consulting
the Legislative Advisory Commission, be made up by reducing unexpended allotments of
any prior appropriation or transfer. Notwithstanding any other law to the contrary, the
commissioner is empowered to defer or suspend prior statutorily created obligations which
would prevent effecting such reductions.
(c) If the commissioner determines that probable receipts for any other fund,
appropriation, or item will be less than anticipated, and that the amount available for the
remainder of the term of the appropriation or for any allotment period will be less than
needed, the commissioner shall notify the agency concerned and then reduce the amount
allotted or to be allotted so as to prevent a deficit.
(d) In reducing allotments, the commissioner may consider other sources of revenue
available to recipients of state appropriations and may apply allotment reductions based on
all sources of revenue available.
(e) In like manner, the commissioner shall reduce allotments to an agency by the amount
of any saving that can be made over previous spending plans through a reduction in prices
or other cause.
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(f) The commissioner is prohibited from reducing an allotment or appropriation made
under section 3.1985.
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new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
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Sec. 9. new text begin DEADLINE FOR CERTIFICATION OF AMOUNTS FOR FISCAL YEARS
2022 AND 2023.
new text end
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Notwithstanding Minnesota Statutes, section 3.1985, the deadline for certification of
appropriation amounts for the house of representatives, senate, and Legislative Coordinating
Commission to the commissioner of management and budget under Minnesota Statutes,
section 3.1985, for fiscal years 2024 and 2025 is June 30, 2023, or ten days following the
effective date of this section, whichever is later.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end