Minnesota Legislature
SF 1789
as introduced - 87th Legislature (2011 - 2012) Posted on 02/14/2012 09:18am
Current Version - as introduced
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A bill for an act
relating to finance; repealing statutory appropriations of federal funds;
appropriating certain federal funds received for emergency management
purposes; amending Minnesota Statutes 2010, sections 4.07, subdivision 3;
12.22, subdivision 1; 116.03, subdivision 3; 116J.035, subdivisions 1, 6;
136A.06; repealing Minnesota Statutes 2010, section 3.3005.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 4.07, subdivision 3, is amended to read:
Subd. 3.
Federal and state law; appropriation of funds.
The governor or any
state department or agency designated by the governor shall comply with any and all
requirements of federal law and any rules and regulations promulgated thereunder to
enable the application for, the receipt of, and the acceptance of such federal funds. The
expenditure of any such funds received shall be governed by the laws of the state except
insofar as federal requirements may otherwise provide. All such money received by
the governor or any state department or agency designated by the governor for such
purpose shall be deposited in the state treasury deleted text begin and, subject to section 3.3005, are hereby
appropriated annually in order to enable the governor or the state department or agency
designated by the governor for such purpose to carry out the purposes for which the funds
are receiveddeleted text end . deleted text begin None of suchdeleted text end Federal money deleted text begin sodeleted text end deposited in the state treasury new text begin under this
subdivision new text end shall new text begin not new text end cancel and deleted text begin theydeleted text end shall be available for expenditure new text begin after appropriation
and new text end in accordance with the requirements of federal law.
Sec. 2.
Minnesota Statutes 2010, section 12.22, subdivision 1, is amended to read:
Subdivision 1.
Federal aid.
Whenever the federal government, or an agency or
officer of the federal government, offers to the state, or through the state to any political
subdivision of the state, services, equipment, supplies, materials, or funds by way of gift,
grant or loan, for the purposes of emergency management, the state, acting through the
governor, or the political subdivision, acting with the consent of the governor and through
its governing body, may accept the offer and then may authorize an officer of the state
or of the political subdivision, as the case may be, to receive the services, equipment,
supplies, materials, or funds on behalf of the state or the political subdivision and subject
to the terms of the offer and the rules, if any, of the agency making the offer. new text begin Money
received by the governor or any state agency under this subdivision is appropriated to the
state agency receiving the funds to carry out the emergency management purposes for
which the money is received. new text end However, no money or other funds may be accepted or
received as a loan nor any indebtedness incurred except as provided by law.
Sec. 3.
Minnesota Statutes 2010, section 116.03, subdivision 3, is amended to read:
Subd. 3.
Federal funds.
The commissioner of the Pollution Control Agency is
the state agent to apply for, receive, and disburse federal funds made available to the
state by federal law or rules and regulations promulgated thereunder for any purpose
related to the powers and duties of the Pollution Control Agency or the commissioner.
The commissioner shall comply with any and all requirements of such federal law or
such rules and regulations promulgated thereunder to facilitate application for, receipt,
and disbursement of such funds. All such moneys received by the commissioner shall be
deposited in the state treasury deleted text begin and are hereby annually appropriated to the commissioner
for the purposes for which they are receiveddeleted text end . deleted text begin None of such moneysdeleted text end new text begin Federal money
deposited new text end in the state treasury new text begin under this subdivision new text end shall new text begin not new text end cancel and deleted text begin theydeleted text end shall be
available for expenditure new text begin after appropriation and new text end in accordance with the requirements
of federal law.
deleted text begin
The provisions of section 3.3005 shall not apply to money available under the
federal Comprehensive Environmental Response, Compensation, and Liability Act of
1980, United States Code, title 42, sections 9601 to 9657, for which a state match is not
required or for which a state match is available under the Environmental Response and
Liability Act or from a political subdivision. The receipt of the money shall be reported
to the Legislative Advisory Commission.
deleted text end
Sec. 4.
Minnesota Statutes 2010, section 116J.035, subdivision 1, is amended to read:
Subdivision 1.
Powers.
(a) The commissioner may:
(1) apply for, receive, and expend money from municipal, county, regional, and
other government agencies;
(2) apply for, accept, and disburse grants and other aids from other public or private
sources;
(3) contract for professional services if such work or services cannot be satisfactorily
performed by employees of the department or by any other state agency;
(4) enter into interstate compacts to jointly carry out such research and planning with
other states or the federal government where appropriate;
(5) distribute informational material at no cost to the public upon reasonable request;
and
(6) enter into contracts necessary for the performance of the commissioner's duties
with federal, state, regional, metropolitan, local, and other agencies or units of government;
educational institutions, including the University of Minnesota. Contracts made pursuant
to this section shall not be subject to the competitive bidding requirements of chapter 16C.
(b) The commissioner may apply for, receive, and expend money made available
from federal or other sources for the purpose of carrying out the duties and responsibilities
of the commissioner pursuant to this chapter.
(c) All moneys received by the commissioner pursuant to this chapter shall be
deposited in the state treasury deleted text begin and, subject to section 3.3005,deleted text end new text begin . All moneys from any source
other than the federal government new text end are appropriated to the commissioner for the purpose
for which the moneys have been received. The money shall not cancel and shall be
available until expended.
Sec. 5.
Minnesota Statutes 2010, section 116J.035, subdivision 6, is amended to read:
Subd. 6.
Receipt of gifts, money; appropriation.
(a) The commissioner may:
(1) apply for, accept, and disburse gifts, bequests, grants, payments for services,
loans, or other property from the United States, the state, private foundations, or any
other source;
(2) enter into an agreement required for the gifts, grants, or loans; and
(3) hold, use, and dispose of its assets according to the terms of the gift, grant,
loan, or agreement.
(b) Money received by the commissioner under this subdivision must be deposited
in a separate account in the state treasury and invested by the State Board of Investment.
new text begin Except for federal funds, new text end the amount deposited, including investment earnings, is
appropriated to the commissioner to carry out duties under this section.
Sec. 6.
Minnesota Statutes 2010, section 136A.06, is amended to read:
136A.06 FEDERAL FUNDS.
The Minnesota Office of Higher Education is designated the state agency to apply
for, receive, accept, and disburse to both public and private institutions of higher education
all federal funds which are allocated to the state of Minnesota to support higher education
programs, construction, or other activities and which require administration by a state
higher education agency under the Higher Education Facilities Act of 1963, and any
amendments thereof, the Higher Education Act of 1965, and any amendments thereof, and
any other law which provides funds for higher education and requires administration by a
state higher education agency as enacted or may be enacted by the Congress of the United
States; provided that no commitment shall be made that shall bind the legislature to make
appropriations beyond current allocations of funds. The office may apply for, receive,
accept, and disburse all administrative funds available to the office for administering
federal funds to support higher education programs, construction, or other activities. The
office also may apply for, receive, accept, and disburse any research, planning, or program
funds which are available for purposes consistent with the provisions of this chapter. In
making application for and administering federal funds the office may comply with any
and all requirements of federal law and federal rules and regulations to enable it to receive
and accept such funds. The expenditure of any such funds received shall be governed by
the laws of the state, except insofar as federal regulations may otherwise provide. The
office may contract with both public and private institutions in administering federal funds,
and such contracts shall not be subject to the provisions of chapter 16C. deleted text begin All suchdeleted text end Money
received by the office new text begin under this section new text end shall be deposited in the state treasury deleted text begin and, subject
to section 3.3005, are hereby appropriated to it annually for the purpose for which such
funds are receiveddeleted text end . deleted text begin None of such moneysdeleted text end new text begin Federal funds deposited in the state treasury
under this section new text end shallnew text begin notnew text end cancel but shall be available until expendednew text begin after appropriationnew text end .
Sec. 7. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2010, section 3.3005,
new text end
new text begin
is repealed.
new text end
Sec. 8. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 7 are effective July 1, 2012.
new text end