Minnesota Legislature
HF 4624
as introduced - 91st Legislature (2019 - 2020) Posted on 05/04/2020 11:39am
Current Version - as introduced
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A bill for an act
relating to state government; making supplemental budget changes to certain state
agencies; making changes to state government operations; amending Minnesota
Statutes 2018, sections 16A.122, subdivision 2; 16B.4805, subdivision 1; 16B.98,
by adding a subdivision; 611.27, subdivisions 9, 10, 11, 13, 15; Minnesota Statutes
2019 Supplement, section 477A.03, subdivision 2b; repealing Laws 2019, First
Special Session chapter 6, article 11, section 17.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
STATE GOVERNMENT APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
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new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2019, First Special Session chapter
10, or other law to the specified agencies. The appropriations are from the general fund, or
another named fund, and are available for the fiscal years indicated for each purpose. The
figures "2020" and "2021" used in this article mean that the appropriations listed under them
are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.
Appropriations for the fiscal year ending June 30, 2020, are effective the day following
final enactment.
new text end
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new text begin
APPROPRIATIONS new text end |
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Available for the Year new text end |
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Ending June 30 new text end |
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2020 new text end |
new text begin
2021 new text end |
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Sec. 2. new text begin STATE AUDITOR
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new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
688,000 new text end |
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new text begin
$688,000 in fiscal year 2021 is appropriated
from the general fund to the state auditor for
a school finance accountability team in the
Audit Finance Division. The base for this
appropriation is $690,000 in fiscal year 2022
and $690,000 is fiscal year 2023.
Notwithstanding Minnesota Statutes, section
6.56, the state auditor may not bill a school
district for any work conducted by the school
finance accountability team prior to July 1,
2024. This provision shall not supersede
Minnesota Statutes, section 6.54.
new text end
Sec. 3. new text begin ATTORNEY GENERAL
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new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
2,850,000 new text end |
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new text begin
Appropriations by Fund new text end |
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new text begin
2020 new text end |
new text begin
2021 new text end |
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new text begin
General new text end |
new text begin
-0- new text end |
new text begin
$2,850,000 new text end |
new text begin
The base for this adjustment is $2,205,000 in
fiscal year 2022 and each year thereafter.
new text end
Sec. 4. new text begin SECRETARY OF STATE
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new text begin
$ new text end |
new text begin
1,478,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
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$1,478,000 the first year is transferred from
the general fund to the Help America Vote
Act account under Minnesota Statutes, section
5.30, and is credited to the state match
requirement of the Omnibus Appropriations
Act of 2020, Public Law 116-93, the Help
America Vote Act of 2002, Public Law
107-252, section 101. This is a onetime
appropriation.
new text end
Sec. 5. new text begin OFFICE OF MN.IT SERVICES
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new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
3,000,000 new text end |
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$3,000,000 in fiscal year 2021 is appropriated
for enhancement of the state's information
technology recovery capabilities and
modernization of state agency software
applications. The base for this appropriation
is $2,000,000 in fiscal year 2022 and each year
thereafter.
new text end
Sec. 6. new text begin GAMBLING CONTROL
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new text begin
$ new text end |
new text begin
227,000 new text end |
new text begin
$ new text end |
new text begin
111,000 new text end |
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These appropriations from the lawful gambling
regulation account in the special revenue fund
are for operating costs.
new text end
ARTICLE 2
STATE GOVERNMENT OPERATIONS
Section 1.
Minnesota Statutes 2018, section 16A.122, subdivision 2, is amended to read:
Subd. 2.
Transfers from grants prohibited.
Unless otherwise provided by lawnew text begin or
section 16B.98, subdivision 12new text end , an agency must not use grant or flow-through funds for
salaries or other operating purposes.
Sec. 2.
Minnesota Statutes 2018, section 16B.4805, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
"Reasonable accommodation" as used in this section has
the meaning given in section 363A.08. "State agency" as used in this section has the meaning
given in section 16A.011, subdivision 12. "Reasonable accommodations eligible for
reimbursement" means:
(1) reasonable accommodations provided to applicants for employment;
(2) reasonable accommodations for employees for services that will need to be provided
on a periodic or ongoing basis; or
(3) reasonable accommodations that involve onetime expenses that total more than
deleted text begin $1,000deleted text end new text begin $500new text end for an employee in a fiscal year.
Sec. 3.
Minnesota Statutes 2018, section 16B.98, is amended by adding a subdivision to
read:
new text begin Subd. 12. new text end
new text begin Grants administration. new text end
new text begin
It is the policy of the legislature to ensure that grant
activities and outcomes of programs and services funded by legislative appropriations are
administered by state agencies in accordance with this section and section 16B.97. Unless
amounts are otherwise appropriated for administrative costs, a state agency may retain up
to five percent of the amount appropriated to the agency for grants enacted by the legislature
and formula grants and up to ten percent for competitively awarded grants. This subdivision
applies to appropriations made for new grant programs enacted after the effective date of
this subdivision.
new text end
Sec. 4.
Minnesota Statutes 2019 Supplement, section 477A.03, subdivision 2b, is amended
to read:
Subd. 2b.
Counties.
(a) For aids payable in 2018 and 2019, the total aid payable under
section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated
as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2020,
the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which
$3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section
6. For aids payable in 2021 through 2024, the total aid payable under section 477A.0124,
subdivision 3, is $118,795,000, of which $3,000,000 shall be allocated as required under
Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the
total aid payable under section 477A.0124, subdivision 3, is $115,795,000. deleted text begin Each calendar
yeardeleted text end new text begin On or before the first installment date provided in section 477A.015, paragraph (a)new text end ,
$500,000 of this appropriation shall be deleted text begin retaineddeleted text end new text begin transferred each yearnew text end by the commissioner
of revenue to deleted text begin make reimbursements to the commissioner of management and budget for
payments made under section 611.27. The reimbursements shall be to defray the additional
costs associated with court-ordered counseldeleted text end new text begin the Board of Public Defense for the payment
of servicesnew text end under section 611.27. Any deleted text begin retaineddeleted text end new text begin transferrednew text end amounts not deleted text begin used for
reimbursementdeleted text end new text begin expended or encumberednew text end in a new text begin fiscal new text end year new text begin shall be certified by the Board of
Public Defense to the commissioner of revenue on or before October 1 and new text end shall be included
in the next deleted text begin distributiondeleted text end new text begin certificationnew text end of county need aid deleted text begin that is certified to the county auditors
for the purpose of property tax reduction for the next taxes payable yeardeleted text end .
(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision
4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124,
subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under
section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall
transfer to the commissioner of management and budget $207,000 annually for the cost of
preparation of local impact notes as required by section 3.987, and other local government
activities. The commissioner of revenue shall transfer to the commissioner of education
$7,000 annually for the cost of preparation of local impact notes for school districts as
required by section 3.987. The commissioner of revenue shall deduct the amounts transferred
under this paragraph from the appropriation under this paragraph. The amounts transferred
are appropriated to the commissioner of management and budget and the commissioner of
education respectively.
Sec. 5.
Minnesota Statutes 2018, section 611.27, subdivision 9, is amended to read:
Subd. 9.
Request for other appointment of counsel.
The chief district public defender
deleted text begin with the approval ofdeleted text end new text begin may request thatnew text end the state public defender deleted text begin may request that the chief
judge of the district court, or a district court judge designated by the chief judge,deleted text end authorize
appointment of counsel other than the district public defender in such cases.
Sec. 6.
Minnesota Statutes 2018, section 611.27, subdivision 10, is amended to read:
Subd. 10.
Addition of permanent staff.
The chief public defender may not request deleted text begin the
courtdeleted text end nor may the deleted text begin court orderdeleted text end new text begin state public defender approvenew text end the addition of permanent staff
under subdivision 7.
Sec. 7.
Minnesota Statutes 2018, section 611.27, subdivision 11, is amended to read:
Subd. 11.
Appointment of counsel.
If the deleted text begin courtdeleted text end new text begin state public defendernew text end finds that the
provision of adequate legal representation, including associated services, is beyond the
ability of the district public defender to provide, the deleted text begin court shall orderdeleted text end new text begin state public defender
may approvenew text end counsel to be appointed, with compensation and expenses to be paid under
the provisions of this subdivision and subdivision 7. Counsel in such cases shall be appointed
by the chief district public defender. deleted text begin If the court issues an order denying the request, the
court shall make written findings of fact and conclusions of law. Upon denial, the chief
district public defender may immediately appeal the order denying the request to the court
of appeals and may request an expedited hearing.
deleted text end
Sec. 8.
Minnesota Statutes 2018, section 611.27, subdivision 13, is amended to read:
Subd. 13.
Correctional facility inmates.
All billings for services rendered and ordered
under subdivision 7 shall require the approval of the chief district public defender before
being forwarded deleted text begin on a monthly basisdeleted text end to the state public defender. In cases where adequate
representation cannot be provided by the district public defender and where counsel has
been deleted text begin appointed under a court order, the state public defender shall forward to the
commissioner of management and budget all billings for services rendered under the court
order. The commissionerdeleted text end new text begin approved by the state public defender, the Board of Public Defensenew text end
shall pay for new text begin all new text end services from county program aid deleted text begin retaineddeleted text end new text begin transferrednew text end by the commissioner
of revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).
The costs of appointed counsel and associated services in cases arising from new criminal
charges brought against indigent inmates who are incarcerated in a Minnesota state
correctional facility are the responsibility of the state Board of Public Defense. In such cases
the state public defender may follow the procedures outlined in this section for obtaining
court-ordered counsel.
Sec. 9.
Minnesota Statutes 2018, section 611.27, subdivision 15, is amended to read:
Subd. 15.
Costs of transcripts.
In appeal cases and postconviction cases where the
appellate public defender's office does not have sufficient funds to pay for transcripts and
other necessary expenses because it has spent or committed all of the transcript funds in its
annual budget, the deleted text begin state public defender may forward to the commissioner of management
and budget all billings for transcripts and other necessary expenses. The commissioner shalldeleted text end new text begin
Board of Public Defense maynew text end pay for these transcripts and other necessary expenses from
county program aid deleted text begin retaineddeleted text end new text begin transferrednew text end by the commissioner of revenue for that purpose
under section 477A.03, subdivision 2b, paragraph (a).
Sec. 10. new text begin HELP AMERICA VOTE ACT TRANSFERS AND APPROPRIATIONS;
SECRETARY OF STATE.
new text end
new text begin
(a) $8,867,506 in fiscal year 2020 is appropriated from the Help America Vote Act
(HAVA) account established in Minnesota Statutes, section 5.30, to the secretary of state
for the purposes of improving the administration and security of elections as authorized by
federal law, including but not limited to any of the following activities:
new text end
new text begin
(1) modernizing, securing, and updating the statewide voter registration system and for
cybersecurity upgrades as authorized by federal law;
new text end
new text begin
(2) improving accessibility;
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(3) preparing training materials and training local election officials;
new text end
new text begin
(4) implementing security improvements for election systems; and
new text end
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(5) funding other activities to improve the security of elections.
new text end
new text begin
(b) Any amount earned in interest on the amount appropriated under paragraph (a) is
appropriated from the HAVA account to the secretary of state for purposes of improving
the administration and security of elections as authorized by federal law.
new text end
new text begin
(c) The appropriations under paragraphs (a) and (b) are onetime and available until
December 21, 2024.
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
Sec. 11. new text begin REPEALER.
new text end
new text begin
Laws 2019, First Special Session chapter 6, article 11, section 17,
new text end
new text begin
is repealed.
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
APPENDIX
Repealed Minnesota Session Laws: 20-8165
Laws 2019, First Special Session chapter 6, article 11, section 17
Sec. 17. new text begin BUDGET RESERVE REDUCTION.new text end
new text begin On July 1, 2021, the balance of the budget reserve account established in Minnesota Statutes, section 16A.152, subdivision 1a, is reduced by $491,369,000. new text end