HF 1753

as introduced - 87th Legislature (2011 - 2012) Posted on 05/21/2011 09:03am

A bill for an act
relating to state government; providing certain appropriations continue in effect
at a 70 percent rate unless eliminated or otherwise modified.

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

Section 1. new text begin 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 of representatives 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 economies; environment and natural resources; health and human services; state
government finance; economic development; 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) Except for public safety, effective
July 1, 2011, an appropriation from the general fund or any other fund enacted in a major
finance or revenue bill for fiscal year 2011 remains in effect at 70 percent of the base
level for fiscal years 2012 and 2013, unless a law is enacted eliminating or amending the
appropriation. Effective July 1, 2011, funding for public safety remains at 100 percent of
the fiscal year 2011 appropriation from the general fund or any other fund.
new text end

new text begin The appropriation base level is determined as provided in Minnesota Statutes,
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 (a) 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 management and budget, and in the
following circumstances:
new text end

new text begin (b) 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
management and budget 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 (c) 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 management and budget must prorate the appropriation.
new text end

new text begin (d) The commissioner of management and budget 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
paragraph only if one or more of the following conditions are 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 management and budget must give the chairs of the senate
Finance Committee and the house of representatives Ways and Means Committee written
notice of any adjustments made under this subdivision.
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. 2. new text begin COURTS MAY NOT DETERMINE ESSENTIAL SERVICES.
new text end

new text begin Notwithstanding Minnesota Statutes, section 480.04, 480A.06, or 484.01, or any
other law to the contrary, in the event the appropriations to fund any portion of state
government during the 2012-2013 biennium are not enacted during or after the 87th
legislative session, except for funding for public safety, a court may not order any
expenditure of an amount in the treasury to fund any operation of state government.
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