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Minnesota Legislature

Office of the Revisor of Statutes

HF 1281

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/19/2015 03:51pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to state government; requiring the legislative auditor to perform
certain budget-related legislative duties; appropriating money; amending
Minnesota Statutes 2014, sections 3.98; 3.987, subdivision 1; 477A.03,
subdivision 2b; proposing coding for new law in Minnesota Statutes, chapter 3;
repealing Minnesota Statutes 2014, sections 270C.11, subdivision 5; 270C.991,
subdivisions 6, 7.

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

Section 1.

new text begin [3.9742] BUDGET-RELATED DUTIES.
new text end

new text begin The legislative auditor shall:
new text end

new text begin (1) prepare fiscal notes and revenue estimates on pending legislation; and
new text end

new text begin (2) prepare local government impact notes on pending legislation.
new text end

Sec. 2.

Minnesota Statutes 2014, section 3.98, is amended to read:


3.98 FISCAL NOTESnew text begin AND REVENUE ESTIMATESnew text end.

Subdivision 1.

Preparation.

new text begin(a) new text endThe deleted text beginhead or chief administrative officer of each
department or agency of the state government, including the Supreme Court,
deleted text endnew text begin legislative
auditor
new text end shall prepare a fiscal notenew text begin or revenue estimatenew text end at the request of the chair of
the standing committee to which a bill has been referred, or the chair of the house of
representatives Ways and Means Committee, deleted text beginordeleted text end the chair of the senate Committee on
Financenew text begin, or the chair of the house of representatives or senate Tax Committeenew text end.

new text begin (b) The head or chief administrative officer of each department or agency of state
government, including the Supreme Court, shall supply information for fiscal notes and
revenue estimates upon request of the legislative auditor. The legislative auditor may
adopt standards and guidelines governing timing of responses to requests for information
and governing the auditor's access to data, consistent with laws governing access to data.
Agencies must comply with these standards and guidelines.
new text end

new text begin (c) new text endFor purposes of this subdivision, "Supreme Court" includes all agencies,
committees, and commissions supervised or appointed by the state Supreme Court or the
state court administrator.

Subd. 2.

Contents.

(a) deleted text beginThedeleted text endnew text begin Anew text end fiscal note, where possible, shall:

(1) cite the effect in dollar amounts;

(2) cite the statutory provisions affected;

(3) estimate the increase or decrease in revenues or expenditures;

(4) include the costs which may be absorbed without additional funds;

(5) include the assumptions used in determining the cost estimates; and

(6) specify any long-range implication.

(b) deleted text beginThedeleted text endnew text begin A revenue estimate must estimate the effect of a bill on state tax revenues.
new text end

new text begin (c) Anew text end fiscal notenew text begin or revenue estimatenew text end may comment on technical or mechanical
defects in the bill but shall express no opinions concerning the merits of the proposal.

Subd. 3.

Distribution.

A copy of deleted text beginthedeleted text endnew text begin anew text end fiscal note shall be delivered to the chair
of the Ways and Means Committee of the house of representatives, the chair of the
Finance Committee of the senate, the chair of the standing committee to which the bill
has been referred, to the chief author of the bill and to the commissioner of management
and budget.new text begin A copy of a revenue estimate shall be delivered to the chairs of the house
of representatives and senate tax committees, to the chief author of the bill, and to the
commissioner of revenue.
new text end

Subd. 4.

Uniform procedure.

The deleted text begincommissioner of management and budgetdeleted text endnew text begin
legislative auditor
new text end shall prescribe a uniform procedure to govern the departments and
agencies of the state in complying with the requirements of this section.

Sec. 3.

Minnesota Statutes 2014, section 3.987, subdivision 1, is amended to read:


Subdivision 1.

Local impact notes.

The deleted text begincommissioner of management and budgetdeleted text endnew text begin
legislative auditor
new text end shall coordinate the development of a local impact note for any proposed
legislation deleted text beginintroduced after June 30, 1997,deleted text end upon request of the chair or the ranking minority
member of either legislative Tax, Finance, or Ways and Means Committee. Upon receipt
of a request to prepare a local impact note, the deleted text begincommissionerdeleted text endnew text begin auditornew text end 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
deleted text begincommissionerdeleted text endnew text begin auditornew text end 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
deleted text begincommissioner of management and budgetdeleted text endnew text begin auditornew text end 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 deleted text begincommissioner of management and budgetdeleted text endnew text begin auditornew text end 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 deleted text begincommissionerdeleted text endnew text begin auditornew text end must
provide a copy to the authors of the proposed legislation and to the chair and ranking
minority member of each committee to which the proposed legislation is referred.

Sec. 4.

Minnesota Statutes 2014, section 477A.03, subdivision 2b, is amended to read:


Subd. 2b.

Counties.

(a) For aids payable in 2014 and thereafter, the total aid
payable under section 477A.0124, subdivision 3, is $100,795,000. Each calendar year,
$500,000 of this appropriation shall be retained by the commissioner of revenue to
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 counsel under section 611.27. Any retained amounts not
used for reimbursement in a year shall be included in the next distribution of county
need aid that is certified to the county auditors for the purpose of property tax reduction
for the next taxes payable year.

(b) For aids payable in 2014 and thereafter, the total aid under section 477A.0124,
subdivision 4
, is $104,909,575. The commissioner of revenue shall transfer to the
deleted text begincommissioner of management and budget $207,000deleted text endnew text begin legislative auditor $214,000new text end annually
for the cost of preparation of local impact notes as required by section 3.987, and
other local government activities. deleted text beginThe 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.
deleted text end 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 deleted text begincommissioner of management
and budget and the commissioner of education respectively
deleted text endnew text begin legislative auditornew text end.

Sec. 5. new text beginTRANSFER.
new text end

new text begin Upon request of the legislative auditor, the commissioner of management and budget
must transfer all records, documents, data, hardware, and software relating to the fiscal
note tracking system to the legislative auditor.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 270C.11, subdivision 5; and 270C.991,
subdivisions 6 and 7,
new text end new text begin are repealed.
new text end

Sec. 7. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 are effective July 1, 2015.
new text end