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HF 2399

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/14/2022 04:42pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/25/2021
1st Engrossment Posted on 02/15/2022

Current Version - 1st Engrossment

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A bill for an act
relating to state government; expanding the authority of the Legislative Budget
Office to order fiscal notes; modifying the Legislative Budget Office Oversight
Commission; changing data classifications for data related to fiscal notes; modifying
the treatment of unofficial fiscal notes; amending Minnesota Statutes 2020, sections
3.8853, by adding a subdivision; 3.8854; 3.98, subdivision 1; 13.64, subdivisions
3, 4.

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

Section 1.

Minnesota Statutes 2020, section 3.8853, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Access to data and employees. new text end

new text begin Upon request of the director of the Legislative
Budget Office, the head or chief administrative officer of each department or agency of
state government, including the supreme court, must permit reasonable access to data and
employees with subject matter expertise to assist the Legislative Budget Office prepare and
review fiscal notes or enacted legislation.
new text end

Sec. 2.

Minnesota Statutes 2020, section 3.8854, is amended to read:


3.8854 LEGISLATIVE BUDGET OFFICE OVERSIGHT COMMISSION.

(a) The Legislative Budget Office Oversight Commission consists of:

(1) two members of the senate appointed by the senate majority leader;

(2) two members of the senate appointed by the senate minority leader;

(3) two members of the house of representatives appointed by the speaker of the house;
and

(4) two members of the house of representatives appointed by the minority leader.

The director of the Legislative Budget Office is the executive secretary of the commission.
The chief nonpartisan fiscal analyst of the house of representatives, the lead nonpartisan
fiscal analyst of the senate, the commissioner of management and budget or a designee, and
the legislative auditor are ex-officio, nonvoting members of the commission.

(b) Members serve at the pleasure of the appointing authority, or until they are not
members of the legislative body from which they were appointed. Appointing authorities
shall fill vacancies on the commission within 30 days of a vacancy being created.

(c) The commission shall meet in January of each odd-numbered year to elect its chair
and vice-chair. They shall serve until successors are elected. The chair and vice-chair shall
alternate biennially between the senate and the house of representativesnew text begin with the chair elected
from the majority party. The chair and vice-chair may not be member of the same political
party
new text end . The commission shall meet at the call of the chair. The members shall serve without
compensation but may be reimbursed for their reasonable expenses consistent with the rules
of the legislature governing expense reimbursement.

(d) The commission shall review the work of the Legislative Budget Office and make
recommendations, as the commission determines necessary, to improve the office's ability
to fulfill its duties, and shall perform other functions as directed by this section, and sections
3.8853 and 3.98.

Sec. 3.

Minnesota Statutes 2020, section 3.98, subdivision 1, is amended to read:


Subdivision 1.

Preparation; duties.

(a) The head or chief administrative officer of each
department or agency of the state government, including the supreme court, shall prepare
a fiscal note consistent with the standards and procedures adopted under section 3.8853, 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, or the chair of the senate
Committee on Financenew text begin , and as assigned by the director of the Legislative Budget Office.
The Legislative Budget Office may prepare a fiscal note if an agency does not comply with
this subdivision
new text end .

(b) For 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.

Sec. 4.

Minnesota Statutes 2020, section 13.64, subdivision 3, is amended to read:


Subd. 3.

Unofficial fiscal note.

(a) For purposes of this subdivision, "unofficial fiscal
note" means a fiscal note requested by or on behalf of a member of the legislature on draft
language for a bill that has not been introduced.new text begin Unofficial fiscal notes are public data unless
a classification under paragraph (b) applies.
new text end

(b) This paragraph applies if a request for an unofficial fiscal note is accompanied by a
directive from the requester that the data be classified under this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end .
Government data on the request, the bill draft, and the unofficial fiscal note are private data
on individuals or nonpublic data, deleted text begin provideddeleted text end new text begin exceptnew text end that the data are accessible to, and may
be disclosed by, the requester. If the new text begin proposed bill draft used to develop the new text end unofficial fiscal
note deleted text begin or an updated versiondeleted text end is subsequently deleted text begin used for an introduced bill, or any legislation,
including an amendment or a proposed bill, that any member of the legislature offers for
consideration by a legislative committee
deleted text end new text begin introduced as a bill, included in an introduced bill,
offered as an amendment, or otherwise distributed at a public meeting or event, or if an
unofficial fiscal note is distributed at a public meeting or event
new text end , the fiscal note becomes
public data.

new text begin (c) An agency must not share data that is classified under this subdivision as nonpublic
data or private data on individuals with another agency without authorization from the bill
author, as obtained from the director of the Legislative Budget Office. This paragraph
supersedes any authorization to share data with the commissioner of management and budget
under section 15.08 or 16A.06, subdivision 7, or other applicable law.
new text end

Sec. 5.

Minnesota Statutes 2020, section 13.64, subdivision 4, is amended to read:


Subd. 4.

Fiscal note data must be shared with Legislative Budget Office.

A head or
chief administrative officer of a department or agency of the state government, including
the supreme court, must provide data that are used to prepare a fiscal notenew text begin or for the
Legislative Budget Office to review the accuracy of fiscal notes on enacted legislation
new text end ,
including data that are not public data under this section to the director of the Legislative
Budget Office upon the director's request and consistent with section 3.8853, subdivision
4
, unless there are federal laws or regulations that prohibit the provision of the not public
data for this purpose. The data must be supplied according to any standards and procedures
adopted under section 3.8853, subdivision 3, including any standards and procedures
governing timeliness. Notwithstanding section 13.05, subdivision 9, a responsible authority
may not require the Legislative Budget Office to pay a cost for supplying data requested
under this subdivision.