HF 3587

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; specifying budget development; establishing a
Subcommittee on Government Accountability; aligning performance goals and
agency resources; requiring a cash flow forecast; requiring certain duties and
establishing certain rights for executive employees; amending Minnesota Statutes
2006, sections 3.885, by adding subdivisions; 3.987, subdivision 1; 16A.10,
subdivisions 1, 1a, 1c; 16A.11, by adding a subdivision; Minnesota Statutes 2007
Supplement, section 181.932, subdivision 1; Laws 2005, First Special Session
chapter 1, article 4, section 121, subdivision 4, as amended; proposing coding for
new law in Minnesota Statutes, chapters 16A; 43A.

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

Section 1.

Minnesota Statutes 2006, section 3.885, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Budget development. new text end

new text begin The commission or appropriate committee of the
house of representatives or senate may develop budget recommendations to present to
the legislature. If the commission or committees proceed with the development of budget
recommendations, state agencies must provide requested information. That information
includes the base budget, information on how the base budget is determined and how it is
allocated, recommendations from agency staff for changes in the base level appropriations
to improve agency operations and efficiency or to improve or increase efficiency of
programs operated by the agency, and responses to proposals for reductions in agency
budgets.
new text end

Sec. 2.

Minnesota Statutes 2006, section 3.885, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

new text begin Subcommittee on Government Accountability. new text end

new text begin The commission must
form a Subcommittee on Government Accountability under section 3.3056 to review
recommendations from the commissioner of finance under section 16A.10, subdivision 1c,
and to review recommendations from the commissioners of finance and administration on
how to improve the use of Minnesota Milestones and other statewide goals and indicators
in state planning and budget documents. The subcommittee shall consider testimony from
representatives from the following organizations and agencies: (1) nonprofit organizations
involved in the preparation of Minnesota Milestones; (2) the University of Minnesota
and other higher education institutions; (3) the Department of Finance and other state
agencies; and (4) other legislators. The subcommittee shall report to the commission by
February 1 of each odd-numbered year with long-range recommendations for the further
implementation and uses of Minnesota Milestones and other government accountability
improvements.
new text end

Sec. 3.

Minnesota Statutes 2006, section 3.987, subdivision 1, is amended to read:

Subdivision 1.

Local impact notes.

The commissioner of finance shall coordinate
the development of a local impact note for any proposed legislation introduced after June
30, 1997, or any rule proposed after December 31, 1999, upon request of the chair or the
ranking minority member of either legislative Tax new text begin or Finance new text end Committee new text begin or the house
Committee on Ways and Means new text end . Upon receipt of a request to prepare a local impact
note, the commissioner must notify the authors of the proposed legislation or, for an
administrative rule, the head of the relevant executive agency or department, that the
request has been made. The local impact note must be made available to the public upon
request. If the action is among the exceptions listed in section 3.988, a local impact note
need not be requested nor prepared. The commissioner shall make a reasonable and timely
estimate of the local fiscal impact on each type of political subdivision that would result
from the proposed legislation. The commissioner of finance may require any political
subdivision or the commissioner of an administrative agency of the state to supply in
a timely manner any information determined to be necessary to determine local fiscal
impact. The political subdivision, its representative association, or commissioner shall
convey the requested information to the commissioner of finance with a signed statement
to the effect that the information is accurate and complete to the best of its ability. The
political subdivision, its representative association, or commissioner, when requested,
shall update its determination of local fiscal impact based on actual cost or revenue
figures, improved estimates, or both. Upon completion of the note, the commissioner must
provide a copy to the authors of the proposed legislation new text begin , as well as the chair and ranking
minority member of all committees to which a bill is referred, new text end or, for an administrative
rule, to the head of the relevant executive agency or department.

Sec. 4.

Minnesota Statutes 2006, section 16A.10, subdivision 1, is amended to read:

Subdivision 1.

Budget format.

In each even-numbered calendar year the
commissioner shall prepare budget forms and instructions for all agencies, including
guidelines for reporting agency performance measures, subject to the approval of the
governor. new text begin In addition to review required under subdivision 1c, new text end the commissioner shall
request and receive advisory recommendations from the chairs of the senate Finance
Committee and house of representatives Ways and Means Committee before adopting a
format for the biennial budget document. By June 15, the commissioner shall send the
proposed budget forms to the appropriations and finance committees. The committees
have until July 15 to give the commissioner their advisory recommendations on possible
improvements. To facilitate this consultation, the commissioner shall establish a working
group consisting of executive branch staff and designees of the chairs of the senate
Finance and house of representatives Ways and Means Committees. The commissioner
must involve this group in all stages of development of budget forms and instructions.
The budget format must show actual expenditures and receipts for the most recent fiscal
year, estimated expenditures and receipts for the current fiscal year, and estimates for each
fiscal year of the next biennium. Estimated expenditures must be classified by funds and
character of expenditures and may be subclassified by programs and activities. Agency
revenue estimates must show how the estimates were made and what factors were used.
Receipts must be classified by funds, programs, and activities. Expenditure and revenue
estimates must be based on the law in existence at the time the estimates are prepared.

Sec. 5.

Minnesota Statutes 2006, section 16A.10, subdivision 1a, is amended to read:

Subd. 1a.

Purpose of performance data.

Performance data shall be presented in
the budget proposal to:

(1) provide information so that the legislature can determine the extent to which state
programs are successful;

(2) encourage agencies to develop clear goals and objectives for their programs; deleted text begin and
deleted text end

(3) strengthen accountability to Minnesotans by providing a record of state
government's performance in providing effective and efficient services new text begin ; and
new text end

new text begin (4) provide information so that the legislature can determine the extent to which
agency resources are being used to achieve performance goals new text end .

Sec. 6.

Minnesota Statutes 2006, section 16A.10, subdivision 1c, is amended to read:

Subd. 1c.

Performance measures for change items.

For each change item in the
budget proposal requesting new or increased funding, the budget document must present
proposed performance measures that can be used to determine if the new or increased
funding is accomplishing its goals. new text begin To the extent possible, each budget change item must
identify relevant Minnesota Milestones and other statewide goals and indicators related to
the proposed initiative. By June 15 of each even-numbered year, the commissioner must
report to the Subcommittee on Government Accountability established under section
3.885, subdivision 10, regarding the format and process to be used for the presentation and
selection of Minnesota Milestones and other statewide goals and indicators. By July 15 of
each even-numbered year, the subcommittee must approve the format and process for use
in the preparation of the budget documents.
new text end

Sec. 7.

new text begin [16A.107] CASH FLOW FORECAST.
new text end

new text begin Within 30 days after the November forecast of state revenue and expenditures under
section 16A.103, the commissioner shall deliver to the governor and the legislature a
forecast of cash flow for the general fund, showing the expected maximum and minimum
cash balance in the fund for each month of the forecast period.
new text end

Sec. 8.

Minnesota Statutes 2006, section 16A.11, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Deficiency requests. new text end

new text begin By January 15 of each year, the commissioner of
finance must notify the chair of the senate Finance Committee and the chair of the house
Ways and Means Committee of any budget change requests requiring priority attention to
eliminate budget shortfalls likely to occur before the end of the legislative session, or for
which legislative inaction would result in the suspension of agency or program operations.
new text end

Sec. 9.

new text begin [43A.015] DUTIES AND RIGHTS OF EXECUTIVE EMPLOYEES.
new text end

new text begin (a) Except as provided in paragraph (b), executive branch state employees are
expected during their work hours to be nonpartisan resources to all decision makers, and to
provide timely, professional assistance to both executive and legislative decision makers
and their staff in understanding the current service and finance system and the potential
impact of changes on these systems. Workload concerns related to these requests shall
be mediated, if necessary, by management staff in a manner that does not advantage any
particular set of decision makers, but allows for balanced support and adequate attention
to the ongoing responsibilities of the agency. This section does not authorize or require an
employee to disclose data that is not public data under chapter 13.
new text end

new text begin (b) If an executive branch employee's responsibilities include advocating for
the appointing authority's policy goals or political goals, these responsibilities must be
included in a position description that is available to the public. A managerial employee
must not request an executive branch state employee to advocate policy or political goals
during hours of work, except according to the employee's position description.
new text end

Sec. 10.

Minnesota Statutes 2007 Supplement, section 181.932, subdivision 1, is
amended to read:

Subdivision 1.

Prohibited action.

An employer shall not discharge, discipline,
threaten, otherwise discriminate against, or penalize an employee regarding the employee's
compensation, terms, conditions, location, or privileges of employment because:

(a) the employee, or a person acting on behalf of an employee, in good faith, reports
a violation or suspected violation of any federal or state law or rule adopted pursuant to
law to an employer or to any governmental body or law enforcement official;

(b) the employee is requested by a public body or office to participate in an
investigation, hearing, inquiry;

(c) the employee refuses an employer's order to perform an action that the employee
has an objective basis in fact to believe violates any state or federal law or rule or
regulation adopted pursuant to law, and the employee informs the employer that the order
is being refused for that reason;

(d) the employee, in good faith, reports a situation in which the quality of health care
services provided by a health care facility, organization, or health care provider violates a
standard established by federal or state law or a professionally recognized national clinical
or ethical standard and potentially places the public at risk of harm; deleted text begin or
deleted text end

(e) a public employee communicates the findings of a scientific or technical study
that the employee, in good faith, believes to be truthful and accurate, including reports to a
governmental body or law enforcement official new text begin ; or
new text end

new text begin (f) an employee in the executive branch of state government communicates
information that the employee, in good faith, believes to be truthful and accurate, and that
relates to improving services provided by the executive branch, to: (1) a legislator or an
employee in the legislative branch; or (2) an elected official in the executive branch new text end .

The disclosures protected pursuant to this section do not authorize the disclosure of data
otherwise protected by law.

Sec. 11.

Laws 2005, First Special Session chapter 1, article 4, section 121, subdivision
4, as amended by Laws 2007, chapter 29, section 1, subdivision 4, is amended to read:

Subd. 4.

Duties.

The commission shall have the following duties:

(1) to present to the governor and legislature a plan for grants to pay for capital
improvements on Minnesota's historic public and private buildings, to be known as
sesquicentennial grants;

(2) to seek funding for activities to celebrate the 150th anniversary of statehood, and
to form partnerships with private parties to further this mission;

(3) to present an annual report to the governor and legislature outlining progress
made towards the celebration of the sesquicentennial; deleted text begin and deleted text end

(4) to encourage all activities celebrating the sesquicentennial to be as energy
efficient as practicable new text begin ; and
new text end

new text begin (5) to solicit input and suggestions from communities throughout the state during
the sesquicentennial celebration regarding the selection and use of Minnesota Milestones
goals and indicators new text end .

Sec. 12. new text begin WORKING GROUP FOR MINNESOTA MILESTONES PROCESS
AND INDICATORS.
new text end

new text begin By June 1, 2008, the commissioner of finance shall convene a working group of
state agency staff, legislative staff, and other interested parties to assist in the preparation
of recommendations for the Minnesota Milestones report required under Minnesota
Statutes, section 16A.10, subdivision 1c. The working group shall consider collaborative
opportunities with community organizations and higher education institutions. The
working group expires 30 days after the commissioner has submitted recommendations
required under Minnesota Statutes, section 16A.10, subdivision 1c.
new text end