HF 20

as introduced - 89th Legislature (2015 - 2016) Posted on 01/08/2015 12:10pm

A bill for an act
relating to state government; providing that certain appropriations continue in
effect with certain exceptions and adjustments; 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.117] CONTINUING APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriations continue for one year. new text end

new text begin If a major appropriation bill
is not enacted before July 1 of an odd-numbered year, the existing appropriation amounts
pertaining to that bill for the fiscal year ending that June 30 are appropriated at the base
level for the fiscal year beginning July 1 of that odd-numbered year. The base level
is the amount appropriated for the fiscal year ending that June 30, except as otherwise
provided by subdivision 2 or other law. The amounts needed to implement this section
are appropriated from each fund covered by this section.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions and adjustments. new text end

new text begin (a) The commissioner must adjust or
eliminate an appropriation created under subdivision 1 as required by other law and
according to paragraphs (b) to (e).
new text end

new text begin (b) In order to meet the fiscal obligations required under current law, the
commissioner must adjust the appropriation for each forecasted program according to the
forecast adjusted base spending level estimated by the commissioner in the preceding
February forecast.
new text end

new text begin (c) An appropriation for the fiscal year ending June 30 of the odd-numbered year
shall not be appropriated again under this section for the fiscal year starting on July 1 if:
(1) the legislature specifically designated the appropriation as a onetime appropriation;
(2) the commissioner determines that the legislature clearly intended the appropriation
to be onetime; or (3) the program for which the appropriation was made expires on or
before July 1.
new text end

new text begin (d) If an appropriation is created under subdivision 1, but the program or activity
that is the subject of the appropriation is scheduled to expire during a fiscal year, the
commissioner must prorate the appropriation consistent with the expiration date.
new text end

new text begin (e) The commissioner 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 or to create new 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 necessary to reflect these transfers; or
new text end

new text begin (4) a program, or changes to a program, are 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 (f) The commissioner must give the chairs and ranking minority members of the
senate finance and house of representatives ways and means committees written notice of
any adjustments made under this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Statutory appropriations. new text end

new text begin All statutory appropriations from the general
fund or another fund in the state treasury continue as required under current law and
are not limited by subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015.
new text end