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HF 2590

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:32pm

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

Bill Text Versions

Engrossments
Introduction Posted on 01/08/2010

Current Version - as introduced

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A bill for an act
relating to capital investments; clarifying procedures to cancel appropriations
and bond authorizations for capital investment projects; providing for earlier
cancellation of capital appropriations; amending Minnesota Statutes 2008,
sections 16A.28, subdivision 5; 16A.642.

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

Section 1.

Minnesota Statutes 2008, section 16A.28, subdivision 5, is amended to read:


Subd. 5.

Permanent improvements.

An appropriation to acquire or better
public land or buildings or other public improvements of a capital nature, including the
acquisition of real propertynew text begin ,new text end does not lapse until the purposes of the appropriation are
determined by the commissioner, after consultation with the affected agencies, to be
accomplished or abandonednew text begin , unless reported to the legislature under section 16A.642
before then
new text end . This subdivision also applies to any part of an appropriation for a fiscal year
that has been requisitioned to acquire real property or construct permanent improvements.
An appropriation to pay moving expenses lapses at the end of the third fiscal year during
which it was made available.

Sec. 2.

Minnesota Statutes 2008, section 16A.642, is amended to read:


16A.642 deleted text begin STATE BONDSdeleted text end new text begin CAPITAL INVESTMENT PROJECTSnew text end : REPORTS;
CANCELLATIONS.

Subdivision 1.

Reportsnew text begin ; cancellation of appropriationsnew text end .

(a) The commissioner
deleted text begin of management and budgetdeleted text end shall report to the chairs of the senate deleted text begin Committee on Financedeleted text end
and deleted text begin thedeleted text end house of representatives committees deleted text begin ondeleted text end new text begin responsible for finance, new text end ways and meansnew text begin ,new text end
and capital investment by January 1 of each odd-numbered year on deleted text begin the following:
deleted text end

deleted text begin (1)deleted text end all deleted text begin laws authorizing the issuance of state bonds or appropriating general fund
money
deleted text end new text begin appropriations from the general fund or a bond proceeds accountnew text end for state or local
government capital investment projects new text begin or programs new text end enacted more than deleted text begin fourdeleted text end new text begin twonew text end years
before January 1 of that odd-numbered yeardeleted text begin ; the projects authorized to be acquired
and constructed for
deleted text end new text begin ofnew text end which less than 100 percent deleted text begin of the authorized total costdeleted text end has
been expended, encumbered, or otherwise obligateddeleted text begin ;deleted text end new text begin .new text end The cost of contracts to be let in
accordance with existing plans and specifications shall be considered expended for this
reportdeleted text begin ; anddeleted text end new text begin . The report must include a brief description of the project or program for which
the appropriation was made; a citation to the law making the appropriation;
new text end the amount
deleted text begin of general fund moneydeleted text end appropriated but not spent or otherwise obligateddeleted text begin ,deleted text end new text begin ;new text end and the amount
of bonds not issued and bond proceeds held but not previously expended, encumbered, or
otherwise obligated for these projectsdeleted text begin ; anddeleted text end new text begin or programs.
new text end

deleted text begin (2) all laws authorizing the issuance of state bonds or appropriating general
fund money for state or local government capital programs or projects other than
those described in clause (1), enacted more than four years before January 1 of that
odd-numbered year; and the amount of general fund money appropriated but not spent or
otherwise obligated, and the amount of bonds not issued and bond proceeds held but not
previously expended, encumbered, or otherwise obligated for these programs and projects.
deleted text end

(b) The commissioner shall also report on deleted text begin general funddeleted text end appropriations for capital
projectsdeleted text begin , bond authorizations or bond proceed balancesdeleted text end new text begin from the general fund or a bond
proceeds account
new text end that may be canceled because new text begin the commissioner has been advised by the
affected agency or local government that the
new text end projects have been canceled, completed, or
otherwise concludeddeleted text begin ,deleted text end or deleted text begin becausedeleted text end the purposes for which the money was appropriated deleted text begin or
bonds were authorized or issued
deleted text end have been canceled, completed, or otherwise concluded.

new text begin (c)new text end The deleted text begin general funddeleted text end appropriationsdeleted text begin , bond authorizations or bond proceed balancesdeleted text end
that are unencumbered or otherwise not obligated that are reported by the commissioner
under this subdivision are canceled, effective July 1 of the year of the report, unless
specifically reauthorized by act of the legislature.

Subd. 2.

Cancellationnew text begin of bond authorizationsnew text end .

Ifnew text begin , after consultation with the
affected agencies or local governments,
new text end the commissioner determines that the purposes for
which general obligation bonds of the state have been issued deleted text begin or for which general fund
monies were appropriated are
deleted text end new text begin have beennew text end accomplished or abandoned, deleted text begin after consultation
with the affected agencies,
deleted text end and there is a remaining authorization deleted text begin or appropriationdeleted text end for a
specific project of $500 or less, the commissioner may cancel the remaining authorization
deleted text begin or appropriationdeleted text end for that project. The commissioner must notify the chairs of the senate
deleted text begin Finance Committeedeleted text end and deleted text begin thedeleted text end house of representatives new text begin committees responsible for finance,
ways and means, and
new text end capital investment deleted text begin Committeedeleted text end of any bond authorizations deleted text begin or general
fund appropriations
deleted text end canceled under this subdivision.

Subd. 3.

Application of unused bond proceeds.

All canceled bond proceeds
shall be transferred to the state bond fund and used to pay or redeem bonds from which
they were derived.

deleted text begin Subd. 4. deleted text end

deleted text begin General fund cancellations. deleted text end

deleted text begin All canceled general fund appropriations for
capital improvement projects under this section are canceled to the general fund.
deleted text end