HF 3437

as introduced - 90th Legislature (2017 - 2018) Posted on 03/13/2018 10:56am

A bill for an act
relating to state government; authorizing court-ordered funding of critical functions
in certain circumstances; appropriating money; 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] COURT-ORDERED FUNDING OF CRITICAL FUNCTIONS;
APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Petition; court order. new text end

new text begin (a) In an odd-numbered year, no later than 20
days after the date that the legislature must adjourn a regular session under the Constitution,
article IV, section 12, the commissioner must petition the Supreme Court under this section
if money has not been appropriated for a critical function for the fiscal year beginning that
July 1. If the commissioner fails to comply with this requirement, the Legislative
Coordinating Commission may petition the Supreme Court under this section.
new text end

new text begin (b) Upon petition, the Supreme Court must order the commissioner to release money
from the treasury sufficient to fund only the functions, as determined by the Supreme Court,
that satisfy the criteria in subdivision 2, paragraph (b), or 3.
new text end

new text begin (c) Except as provided in subdivision 2, paragraph (b), clause (4), an order issued under
this section remains in effect for a function until superseded by a subsequent law eliminating
or providing funding for the function.
new text end

new text begin (d) The chief justice of the Supreme Court or the chief justice's designee may appoint a
special master to hold hearings and advise the Supreme Court regarding any issues or
controversies related to the order.
new text end

new text begin Subd. 2. new text end

new text begin Funding limited; exceptions. new text end

new text begin (a) Except as provided in paragraph (b), an order
issued under this section must not fund a function from any fund in an amount that exceeds
the amount spent for that function from that fund during the corresponding month in the
fiscal year ending that June 30.
new text end

new text begin (b) The order must direct the commissioner to fully fund the following critical functions
not otherwise funded for the fiscal year beginning that July 1:
new text end

new text begin (1) natural disaster and other emergency assistance under chapters 12, 12A, 12B, or
other law;
new text end

new text begin (2) transportation activities consistent with plans developed by the commissioner of
transportation and funded entirely by constitutionally dedicated revenues;
new text end

new text begin (3) the operation of a board regulating licensed occupations or gambling if the board is
funded entirely by:
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new text begin (i) dues or other dedicated revenues; or
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new text begin (ii) general fund appropriations, if dues or other revenues collected by the board and
deposited in the general fund exceeded the board's general fund appropriation in at least
three of the last five fiscal years;
new text end

new text begin (4) the operation of state parks and historical sites from July 1 to July 15 only, with
funding limited to the amount spent for these functions from July 1 to July 15 of the fiscal
year ending that June 30;
new text end

new text begin (5) continuation of existing construction contracts:
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new text begin (i) previously awarded and funded with general obligation bond proceeds;
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new text begin (ii) previously awarded and funded by sources other than the general fund; or
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new text begin (iii) necessary to secure an existing project and prevent a threat to public safety; and
new text end

new text begin (6) full payment of the following categories of debt:
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new text begin (i) debt for which the full faith and credit of the state has been pledged;
new text end

new text begin (ii) debt paid from user fees or other dedicated revenues and not from appropriations or
transfers from the general fund;
new text end

new text begin (iii) certificates of participation;
new text end

new text begin (iv) appropriation bonds for which payment is contingent upon an appropriation for that
purpose;
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new text begin (v) credit enhancement programs for cities, counties, and school districts; and
new text end

new text begin (vi) debt service equalization aid payments to school districts.
new text end

new text begin Subd. 3. new text end

new text begin Other critical function criteria. new text end

new text begin Except as provided in subdivision 2, paragraph
(b), the order must direct the commissioner to release funding only for those critical functions
not otherwise funded for the fiscal year beginning that July 1 that satisfy one or more of the
following criteria:
new text end

new text begin (1) functions necessary for the legislature to draft, debate, publish, vote on, and enact
legislation;
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new text begin (2) functions necessary for the judiciary to adjudicate civil and criminal cases and ensure
the rights afforded to the citizens of Minnesota under the state and federal constitutions;
new text end

new text begin (3) functions necessary for constitutional offices to perform duties required under the
state and federal constitutions;
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new text begin (4) functions necessary to:
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new text begin (i) protect other rights afforded to the citizens of Minnesota under the federal or state
constitution; or
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new text begin (ii) secure public facilities, data, and information technology systems;
new text end

new text begin (5) funding for elementary and secondary education through the basic education formula
and special education services required by federal law;
new text end

new text begin (6) functions required under an existing agreement with the federal government as
governed by the Supremacy Clause of the United States Constitution such as medical
assistance, MinnesotaCare, Minnesota family investment program, and general assistance;
new text end

new text begin (7) functions required under an agreement with another state or nation;
new text end

new text begin (8) providing basic custodial care for citizens in group residential housing and residents
of state correctional facilities, regional treatment centers, nursing homes, veterans homes,
residential academies, and other similar state-operated services;
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new text begin (9) continuation of critical child support payment services;
new text end

new text begin (10) maintaining public safety and addressing exigent threats to public health, including
providing for the safe use of food, drugs, and hazardous materials;
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new text begin (11) transportation safety functions and the protection of transport property;
new text end

new text begin (12) activities that ensure the production of power or maintenance of the power
distribution system;
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new text begin (13) preserving the essential elements of the financial system of state government,
including the continued operation of the tax collection and borrowing capacities of state
government;
new text end

new text begin (14) maintaining contract performance where a suspension or interruption could
reasonably be regarded as a material default resulting in substantial monetary damages
against the state;
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new text begin (15) functions of the Minnesota Zoological Garden and Department of Natural Resources
necessary to maintain and secure animals, including staff necessary to prevent animals from
escaping and endangering the public;
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new text begin (16) that portion of county program aid and local government aid necessary for local
units of government to provide only the critical functions identified under this subdivision;
and
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new text begin (17) administrative and support services necessary to perform the functions in clauses
(1) to (15), including but not limited to maintaining relevant computer systems and issuing
payments.
new text end

new text begin Subd. 4. new text end

new text begin Relation to other laws. new text end

new text begin (a) Except as provided in paragraph (b) and
notwithstanding any other law, while an order issued under this section is in effect, any
statutory appropriation to an entity receiving court-ordered funding for a critical function
is suspended or superseded by this section.
new text end

new text begin (b) This subdivision does not prohibit the Supreme Court from ordering the commissioner
to release money for a critical function pursuant to an existing statutory appropriation.
new text end

new text begin Subd. 5. new text end

new text begin Public higher education institutions. new text end

new text begin In an odd-numbered year, if the omnibus
budget act appropriating biennial funding to the University of Minnesota and the Minnesota
State Colleges and Universities system is not enacted by July 1, these institutions may
continue to operate using tuition, fees, and other resources available to them.
new text end

new text begin Subd. 6. new text end

new text begin Appropriation. new text end

new text begin (a) Sums sufficient to execute an order issued under this section
are appropriated to the recipient from the relevant fund or funds in the treasury.
new text end

new text begin (b) A sum sufficient to pay the reasonable and necessary fees and expenses of a special
master appointed under subdivision 1 is appropriated from the general fund to the chief
justice of the Supreme Court.
new text end