HF 94

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; providing that certain appropriations continue in
effect until eliminated or modified; proposing coding for new law in Minnesota
Statutes, chapter 16A.

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

Section 1.

new text begin [16A.1395] CONTINUING APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies only to an appropriation enacted
in a major finance or revenue bill. The house of representatives and the senate must
adopt rules or resolutions specifying which bills are major finance or revenue bills. If
the house and the senate fail to agree on which bills are major finance or revenue bills,
"major finance or revenue bill" means the primary bill establishing state tax policy, and the
primary bill making appropriations in each of the following areas: higher education, early
childhood through high school education, agriculture and rural development, environment
and natural resources, health and human services, state government finance, economic
development, public safety, and transportation.
new text end

new text begin Subd. 2. new text end

new text begin Certain appropriations continue. new text end

new text begin (a) An appropriation from the general
fund or any other fund enacted in a major finance or revenue bill for the fiscal year ending
June 30 of an odd-numbered year remains in effect at the base level for future fiscal years
unless a law is enacted eliminating or amending the appropriation. The appropriation base
level is determined as provided in section 16A.11, subdivision 3, paragraph (b).
new text end

new text begin (b) The amounts needed to implement this section are appropriated from each fund
covered by this section.
new text end

new text begin (c) This section does not apply to an appropriation in a fiscal year if a law is enacted
appropriating money in that fiscal year for the purpose of the appropriation.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions and adjustments. new text end

new text begin An appropriation remaining in effect under
authority of subdivision 2 must be adjusted or discontinued as required by other law, by
general policies of the commissioner of finance, and in the following circumstances:
new text end

new text begin (a) An appropriation for the fiscal year ending June 30 of the odd-numbered year
does not remain in effect for the fiscal year starting on July 1 if the legislature specifically
designated the appropriation as a onetime appropriation, if the commissioner of finance
determines that the legislature clearly intended the appropriation to be onetime, or if the
program for which the appropriation was made expires on or before July 1.
new text end

new text begin (b) If an appropriation remains in effect under authority of subdivision 2, but the
program or activity that is the subject of the appropriation is scheduled to expire during a
fiscal year, the commissioner of finance must pro rate the appropriation.
new text end

new text begin (c) The commissioner of finance may make technical adjustments to the amount of
an appropriation to the extent the commissioner determines the technical adjustments
are needed to accurately reflect the amount that constitutes the annual base level of the
appropriation. The commissioner may make an adjustment under this clause only if one or
more of the following conditions is met:
new text end

new text begin (1) the legislature previously appropriated money for a biennium, with the entire
appropriation being allocated to one year of the biennium, and the commissioner
determines an adjustment is necessary to accurately reflect the annual amount needed to
maintain program operations at the same level;
new text end

new text begin (2) laws or policies under which revenues and expenditures are accounted for
have changed to eliminate or consolidate certain funds or accounts, and adjustments in
appropriations are necessary to implement these changes;
new text end

new text begin (3) duties have been transferred between agency programs, or between agencies, and
adjustments in appropriations are needed to reflect these transfers; or
new text end

new text begin (4) a program, or changes to a program, were not fully operational in one fiscal year,
but will be fully operational in the following year, and an adjustment to the appropriation
is needed to accurately reflect the annual cost of the new or changed program.
new text end

new text begin The commissioner of finance must give the chairs of the senate finance and
house ways and means committees written notice of any adjustments made under this
subdivision.
new text end