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HF 6

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:32am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/12/2009

Current Version - as introduced

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A bill for an act
relating to state government; specifying the development of budget
recommendations and requiring state agencies to provide information; requiring
disclosure of status of fiscal note requests; modifying state budget requirements;
requiring a forecast of cash flow for the general fund; specifying format for
detailed budget estimates of expenditures; imposing deadline for notice of
deficiency requests; providing additional whistleblower protection to state
employees; requiring a budget working group; eliminating obsolete requirements;
amending Minnesota Statutes 2008, sections 3.885, by adding a subdivision;
3.98, subdivision 4; 3.987, subdivision 1; 16A.10, subdivisions 1, 2; 16A.11,
subdivision 3, by adding a subdivision; 181.932, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapters 16A; 43A; repealing Minnesota
Statutes 2008, section 16A.152, subdivision 1b.

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

Section 1.

Minnesota Statutes 2008, section 3.885, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Budget development. new text end

new text begin The commission may develop budget
recommendations to present to the legislature. If the commission proceeds with the
development of budget recommendations, state agencies must provide information to the
commission as requested by the commission to develop those recommendations. 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 2008, section 3.98, subdivision 4, is amended to read:


Subd. 4.

Uniform procedure.

The commissioner of finance shall prescribe a
uniform procedure to govern the departments and agencies of the state in complying
with the requirements of this section.new text begin The uniform procedure must include a system
for posting the date a fiscal note was requested, the requested completion date, and the
estimated completion date, as well as the display of those dates on the front page of each
completed fiscal note.
new text end

Sec. 3.

Minnesota Statutes 2008, 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, upon request of the chair or the ranking minority member of either legislative
Tax new text begin or Finance new text end Committeenew text begin , or the house of representatives 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 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 legislationnew text begin , as well as to the chair and ranking minority member of all
committees to which a bill is referred
new text end .

Sec. 4.

Minnesota Statutes 2008, 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. 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 new text begin three new text end most recent fiscal deleted text begin yeardeleted text end new text begin yearsnew text end , 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 2008, section 16A.10, subdivision 2, is amended to read:


Subd. 2.

By October 15 and November 30.

By October 15 of each even-numbered
year, an agency must file the following with the commissioner:

(1) deleted text begin budget estimatesdeleted text end new text begin actual spendingnew text end for the new text begin three new text end most recent and new text begin budget estimates
for the
new text end current fiscal years;

(2) its upcoming biennial budget estimates;

(3) a comprehensive and integrated statement of agency missions and outcome
and performance measures; and

(4) a concise explanation of any planned changes in the level of services or new
activities.

The commissioner shall prepare and file the budget estimates for an agency failing
to file them.

By November 30, the commissioner shall send the final budget format, agency
budget estimates for the next biennium, and copies of the filed material to the Ways and
Means and Finance Committees, except that the commissioner shall not be required to
transmit information that identifies executive branch budget decision items.

Sec. 6.

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. 7.

Minnesota Statutes 2008, section 16A.11, subdivision 3, is amended to read:


Subd. 3.

Part two: detailed budget.

(a) Part two of the budget, the detailed budget
estimates both of expenditures and revenues, must contain any statements on the financial
plan which the governor believes desirable or which may be required by the legislature.
The detailed estimates shall include new text begin the budget request of each organizational unit within
an agency arranged in tabular form so it may readily be compared with
new text end the governor's
budget deleted text begin arranged in tabular formdeleted text end new text begin for the organizational unit and agencynew text end .

(b) Tables listing expenditures for the next biennium must show the appropriation
base for each yearnew text begin in column form broken down by appropriation allotments at budget
activity level relative to proposed appropriation and appropriation allotment levels by
budget activity
new text end . The appropriation base is the amount appropriated for the second year
of the current biennium. The tables must separately show any adjustments to the base
required by current law or policies of the commissioner of finance. For forecasted
programs, the tables must also show the amount of the forecast adjustments, based on the
most recent forecast prepared by the commissioner of finance under section 16A.103.
new text begin Any appropriation change requested by an agency or an organizational unit within an
agency must be submitted in writing and include information that supports the requested
change.
new text end For all programs, the tables must show new text begin the agency requests, new text end the amount of
appropriation changes recommended by the governor, after adjustments to the base and
forecast adjustments, and the total recommendation of the governor for that year.

(c) The detailed estimates must include a separate line listing the total cost of
professional and technical service contracts for the prior biennium and the projected costs
of those contracts for the current and upcoming biennium. They must also include a
summary of the personnel employed by the agency, reflected as full-time equivalent
positions.

(d) The detailed estimates for internal service funds must include the number of
full-time equivalents by program; detail on any loans from the general fund, including
dollar amounts by program; proposed investments in technology or equipment of $100,000
or more; an explanation of any operating losses or increases in retained earnings; and a
history of the rates that have been charged, with an explanation of any rate changes and
the impact of the rate changes on affected agencies.

new text begin (e) The detailed estimates must provide a spending trend analysis by program
showing at least the three most recent years of actual spending, or as many years of actual
spending as are available for new programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2011.
new text end

Sec. 8.

Minnesota Statutes 2008, 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 and ranking minority member of the senate Finance
Committee and the chair and ranking minority member of the house of representatives
Ways and Means Committee of any state agency requests to eliminate budget shortfalls
likely to occur before the end of the legislative session.
new text end

Sec. 9.

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

new text begin State employees in the classified service 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

Sec. 10.

Minnesota Statutes 2008, 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:

(1) 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;

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

(3) 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;

(4) 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

(5) 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 officialnew text begin ; or
new text end

new text begin (6) an employee in the classified service of state government communicates
information that the employee, in good faith, believes to be truthful and accurate, and that
relates to state services, including the financing of state services to:
new text end

new text begin (i) a legislator or an employee in the legislative branch; or
new text end

new text begin (ii) an elected official in the executive branchnew text end .

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

Sec. 11. new text begin BUDGET WORKING GROUP.
new text end

new text begin By July 14, 2009, the commissioner of finance must convene a joint
executive-legislative working group to evaluate the usefulness and benefits of the budget
documents prepared in accordance with the requirements of Minnesota Statutes, section
16A.11. The members of the working group must include executive branch staff and
designees of the chairs of the senate Finance and house of representatives Ways and
Means committees, including representatives of both the majority and minority parties.
new text end

new text begin The working group must also examine the current availability and usefulness to the
legislature and the public of state budget information, in both printed and electronic form.
The working group must make recommendations to improve the ability of the legislature
and the public to use the information on state revenues and expenditures.
new text end

new text begin By December 10, 2009, the commissioner must report the progress of the working
group to the Legislative Commission on Planning and Fiscal Policy, and other committees
as appropriate.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 16A.152, subdivision 1b, new text end new text begin is repealed.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 and 8 to 12 are effective the day following final enactment.
new text end