as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the state budget; making technical and 1.3 clarifying changes to provisions related to the budget 1.4 process; amending Minnesota Statutes 2002, sections 1.5 3.23; 3.98, subdivision 3; 15.16, subdivision 5; 1.6 16A.102, subdivision 2, by adding a subdivision; 1.7 16A.641, subdivision 2; 16B.24, subdivision 3; 16B.31, 1.8 subdivision 3; 85A.02, subdivision 5a; 115A.557, 1.9 subdivision 4; 116O.071, subdivision 3; 116P.08, 1.10 subdivision 3; 144.701, subdivision 4; 245.90; 1.11 270.063, subdivision 1; 270.71; Minnesota Statutes 1.12 2003 Supplement, sections 16A.102, subdivision 1; 1.13 84.026; 116J.966, subdivision 1. 1.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.15 Section 1. Minnesota Statutes 2002, section 3.23, is 1.16 amended to read: 1.17 3.23 [APPROPRIATIONS.] 1.18 A
standingstatutory appropriation, within the meaning of 1.19 this section and section 3.24, is one which sets apart a 1.20 specified or unspecified and open amount of public money or 1.21 funds of the state general fund for expenditure for a purpose 1.22 and makes the amount, or a part of it, available for use 1.23 continuously and at a time more distant thanfor a period of 1.24 time beyond the end of the second fiscal year after the session 1.25 of the legislature at which the appropriation is made. 1.26 Every appropriation stated to be an "annual appropriation," 1.27 "payable annually," "appropriated annually," or "annually 1.28 appropriated," and every appropriation described by equivalent 1.29 terms or language is a standingstatutory appropriation as 2.1 defined in this section. 2.2 Sec. 2. Minnesota Statutes 2002, section 3.98, subdivision 2.3 3, is amended to read: 2.4 Subd. 3. [DISTRIBUTION.] A copy of the fiscal note shall 2.5 be delivered to the chair of the AppropriationsWays and Means 2.6 Committee of the house of representatives, the chair of the 2.7 Finance Committee of the senate, the chair of the standing 2.8 committee to which the bill has been referred, to the chief 2.9 author of the bill and to the commissioner of finance. 2.10 Sec. 3. Minnesota Statutes 2002, section 15.16, 2.11 subdivision 5, is amended to read: 2.12 Subd. 5. [OBTAINING RECOMMENDATION.] No control of 2.13 state-owned lands may be transferred between state departments 2.14 or agencies without the departments or agencies first consulting 2.15 the chairs of the senate Finance Committee and house of 2.16 representatives AppropriationsWays and Means Committee and 2.17 obtaining their recommendations. The recommendations are 2.18 advisory only. Failure to obtain a prompt recommendation is 2.19 deemed a negative recommendation. 2.20 Sec. 4. Minnesota Statutes 2003 Supplement, section 2.21 16A.102, subdivision 1, is amended to read: 2.22 Subdivision 1. [GOVERNOR'S RECOMMENDATION.] (a) By the 2.23 date specified in section 16A.11, subdivision 1, for submission 2.24 of parts one and two of the governor's budget, the governor 2.25 shall submit to the legislature a recommended revenue target for 2.26 the next two bienniums. 2.27 (b) The recommended revenue target must specify: 2.28 (1) the maximum share of Minnesota personal income to be 2.29 collected in taxes and other revenues to pay for state and local 2.30 government services; and 2.31 (2) the division of the share between state and local 2.32 government revenues ; and2.33 (3) the mix and rates of income, sales, and other state and2.34 local taxes including property taxes and other revenues. 2.35 (c) The recommendations must be based on the November 2.36 forecast prepared under section 16A.103. 3.1 Sec. 5. Minnesota Statutes 2002, section 16A.102, 3.2 subdivision 2, is amended to read: 3.3 Subd. 2. [LEGISLATIVE BUDGET RESOLUTION.] (a) By March 15 3.4 of each odd-numbered year, the legislature shall by concurrent 3.5 resolution adopt revenue targets for the next two bienniums. 3.6 (b) The resolution must specify: 3.7 (1) the maximum share of Minnesota personal income to be 3.8 collected in taxes and other revenues to pay for state and local 3.9 government services; and 3.10 (2) the division of the share between state and local 3.11 government services ; and3.12 (3) the mix and rates of income, sales, and other state and3.13 local taxes including property taxes and other revenues. 3.14 (c) The resolution must be based on the February forecast 3.15 prepared under section 16A.103 and take into consideration the 3.16 revenue targets recommended by the governor under subdivision 1. 3.17 Sec. 6. Minnesota Statutes 2002, section 16A.102, is 3.18 amended by adding a subdivision to read: 3.19 Subd. 4. [REPORTING INFORMATION.] When updated information 3.20 is available at the time of a state revenue and expenditure 3.21 forecast as specified in section 16A.103, subdivision 1, and 3.22 after the completion of a legislative session, the Department of 3.23 Finance must report on revenue relative to personal income as 3.24 specified in subdivision 1. 3.25 Sec. 7. Minnesota Statutes 2002, section 16A.641, 3.26 subdivision 2, is amended to read: 3.27 Subd. 2. [REPORT.] Before a sale of general obligation 3.28 bonds, the commissioner shall report the amount of bonds to be 3.29 issued and a detailed list of the projects or a statement of the 3.30 program to be financed to the chairs of the house Appropriations3.31 Ways and Means and Tax Committees and of the senate Finance and 3.32 Tax Committees, and the minority leaders of the house and 3.33 senate, for their advisory recommendation. The recommendation 3.34 is positive if not received within ten days. 3.35 Sec. 8. Minnesota Statutes 2002, section 16B.24, 3.36 subdivision 3, is amended to read: 4.1 Subd. 3. [DISPOSAL OF OLD BUILDINGS.] The commissioner, 4.2 upon request of the head of an agency which has control of a 4.3 state-owned building which is no longer used or which is a fire 4.4 or safety hazard, shall, after obtaining approval of the chairs 4.5 of the senate Finance Committee and house of 4.6 representatives AppropriationsWays and Means Committee, sell, 4.7 wreck, or otherwise dispose of the building. In the event a 4.8 sale is made the proceeds shall be deposited in the proper 4.9 account or in the general fund. 4.10 Sec. 9. Minnesota Statutes 2002, section 16B.31, 4.11 subdivision 3, is amended to read: 4.12 Subd. 3. [FEDERAL AID.] (a) [APPLICATION FOR AID.] The 4.13 commissioner, or any other agency to whom an appropriation is 4.14 made for a capital improvement, shall apply for the maximum 4.15 federal share for each project. 4.16 (b) [ACCEPTANCE OF AID.] The commissioner is the state 4.17 agency empowered to accept money provided for or made available 4.18 to this state by the United States of America or any federal 4.19 department or agency for the construction and equipping of any 4.20 building for state purposes not otherwise provided for by law, 4.21 other than University of Minnesota buildings, in accordance with 4.22 the provisions of federal law and any rules or regulations 4.23 promulgated under federal law. The commissioner may do whatever 4.24 is required of this state by federal law, rules, and regulations 4.25 in order to obtain the federal money. 4.26 (c) [FEDERAL FUNDS CONSIDERED PART OF APPROPRIATION.] The 4.27 commissioner may after consultation with the chairs of the 4.28 senate Finance Committee and house of representatives 4.29 AppropriationsWays and Means Committee, adopt a plan, provide 4.30 for an improvement, or construct a building that contemplates 4.31 expenditure for its completion of more money than the 4.32 appropriation for it, if the excess money is provided by the 4.33 United States government and granted to the state of Minnesota 4.34 under federal law or any rule or regulation promulgated under 4.35 federal law. This federal money, for the purpose of this 4.36 section, is a part of the appropriation for the project. 5.1 (d) [DELAYED FEDERAL MONEY.] If an amount is payable to a 5.2 creditor of the state from a project account which is financed 5.3 partly with federal money and the project is included in 5.4 appropriations made to the commissioner for public buildings and 5.5 equipment, and the amount cannot be paid on time because of a 5.6 deficiency of money in the project account caused by a delay in 5.7 the receipt of federal money, the commissioner may provide money 5.8 needed to pay the amount by temporarily transferring the sum to 5.9 the project account from any other appropriation made to the 5.10 commissioner in the same act. Required money for a payment is 5.11 appropriated for that purpose. When the delayed federal money 5.12 is received, the commissioner shall have the amount of money 5.13 transferred returned to the account from which it came. 5.14 Sec. 10. Minnesota Statutes 2003 Supplement, section 5.15 84.026, is amended to read: 5.16 84.026 [CONTRACTS AND GRANTS FOR PROVISION OF NATURAL 5.17 RESOURCES SERVICES.] 5.18 The commissioner of natural resources is authorized to 5.19 enter into contractual or grant agreements with any public or 5.20 private entity for the provision of statutorily prescribed 5.21 natural resources services by or for the department. The 5.22 contracts or grants shall specify the services to be provided 5.23 and the amount and method of reimbursement. Funds generated in 5.24 a contractual agreement made pursuant to this section shall be 5.25 deposited in the special revenue fund and are appropriated to 5.26 the department for purposes of providing the services specified 5.27 in the contracts. All contractual and grant agreements shall be 5.28 processed in accordance with the provisions of section 16C.05. 5.29 The commissioner shall report revenues collected and 5.30 expenditures made under this section to the chairs of the 5.31 Committees on AppropriationsWays and Means in the house and 5.32 Finance in the senate by January 1 of each odd-numbered year. 5.33 Sec. 11. Minnesota Statutes 2002, section 85A.02, 5.34 subdivision 5a, is amended to read: 5.35 Subd. 5a. [EMPLOYEES.] (a) The board shall appoint an 5.36 administrator who shall serve as the executive secretary and 6.1 principal administrative officer of the board and, subject to 6.2 its approval, shall operate the Minnesota Zoological Garden and 6.3 enforce all rules and policy decisions of the board. The 6.4 administrator must be chosen solely on the basis of training, 6.5 experience, and other qualifications appropriate to the field of 6.6 zoo management and development. The board shall set the salary 6.7 of the administrator. The salary of the administrator may not 6.8 exceed 130 percent of the salary of the governor; however, any 6.9 amount exceeding 95 percent of the salary of the governor must 6.10 consist of nonstate funds. The administrator shall perform 6.11 duties assigned by the board and serves in the unclassified 6.12 service at the pleasure of the board. The administrator, with 6.13 the participation of the board, shall appoint a development 6.14 director in the unclassified service or contract with a 6.15 development consultant to establish mechanisms to foster 6.16 community participation in and community support for the 6.17 Minnesota Zoological Garden. The board may employ other 6.18 necessary professional, technical, and clerical personnel. 6.19 Employees of the zoological garden are eligible for salary 6.20 supplement in the same manner as employees of other state 6.21 agencies. The commissioner of finance shall determine the 6.22 amount of salary supplement based on available funds. 6.23 (b) The board may contract with individuals to perform 6.24 professional services and may contract for the purchases of 6.25 necessary species exhibits, supplies, services, and equipment. 6.26 The board may also contract for the construction and operation 6.27 of entertainment facilities on the zoo grounds that are not 6.28 directly connected to ordinary functions of the zoological 6.29 garden. The zoo board may not enter into a final agreement for 6.30 construction of an entertainment facility that is not directly 6.31 connected to the ordinary functions of the zoo until after final 6.32 construction plans have been submitted to the chairs of the 6.33 senate Finance and house AppropriationsWays and Means 6.34 Committees for their recommendations. 6.35 The zoo may not contract for entertainment during the 6.36 period of the Minnesota State Fair that would directly compete 7.1 with entertainment at the Minnesota State Fair. 7.2 Sec. 12. Minnesota Statutes 2002, section 115A.557, 7.3 subdivision 4, is amended to read: 7.4 Subd. 4. [REPORT.] By July 1 of each odd-numbered year, 7.5 the director shall report on how the money was spent and the 7.6 resulting statewide improvements in solid waste management to 7.7 the house of representatives and senate AppropriationsWays and 7.8 Means, Finance, and Environment and Natural Resources 7.9 Committees, the Finance Division of the senate Committee on 7.10 Environment and Natural Resources, and the house of 7.11 representatives Committee on Environment and Natural Resources 7.12 Finance. The report shall be included in the report required 7.13 under section 115A.411. 7.14 Sec. 13. Minnesota Statutes 2003 Supplement, section 7.15 116J.966, subdivision 1, is amended to read: 7.16 Subdivision 1. [GENERALLY.] (a) The commissioner shall 7.17 promote, develop, and facilitate trade and foreign investment in 7.18 Minnesota. In furtherance of these goals, and in addition to 7.19 the powers granted by section 116J.035, the commissioner may: 7.20 (1) locate, develop, and promote international markets for 7.21 Minnesota products and services; 7.22 (2) arrange and lead trade missions to countries with 7.23 promising international markets for Minnesota goods, technology, 7.24 services, and agricultural products; 7.25 (3) promote Minnesota products and services at domestic and 7.26 international trade shows; 7.27 (4) organize, promote, and present domestic and 7.28 international trade shows featuring Minnesota products and 7.29 services; 7.30 (5) host trade delegations and assist foreign traders in 7.31 contacting appropriate Minnesota businesses and investments; 7.32 (6) develop contacts with Minnesota businesses and gather 7.33 and provide information to assist them in locating and 7.34 communicating with international trading or joint venture 7.35 counterparts; 7.36 (7) provide information, education, and counseling services 8.1 to Minnesota businesses regarding the economic, commercial, 8.2 legal, and cultural contexts of international trade; 8.3 (8) provide Minnesota businesses with international trade 8.4 leads and information about the availability and sources of 8.5 services relating to international trade, such as export 8.6 financing, licensing, freight forwarding, international 8.7 advertising, translation, and custom brokering; 8.8 (9) locate, attract, and promote foreign direct investment 8.9 and business development in Minnesota to enhance employment 8.10 opportunities in Minnesota; 8.11 (10) provide foreign businesses and investors desiring to 8.12 locate facilities in Minnesota information regarding sources of 8.13 governmental, legal, real estate, financial, and business 8.14 services; 8.15 (11) enter into contracts or other agreements with private 8.16 persons and public entities, including agreements to establish 8.17 and maintain offices and other types of representation in 8.18 foreign countries, to carry out the purposes of promoting 8.19 international trade and attracting investment from foreign 8.20 countries to Minnesota and to carry out this section, without 8.21 regard to section 16C.06; and 8.22 (12) market trade-related materials to businesses and 8.23 organizations, and the proceeds of which must be placed in a 8.24 special revolving account and are appropriated to the 8.25 commissioner to prepare and distribute trade-related materials. 8.26 (b) The programs and activities of the commissioner of 8.27 employment and economic development and the Minnesota Trade 8.28 Division may not duplicate programs and activities of the 8.29 commissioner of agriculture or the Minnesota World Trade Center. 8.30 (c) The commissioner shall notify the chairs of the senate 8.31 Finance and house AppropriationsWays and Means Committees of 8.32 each agreement under this subdivision to establish and maintain 8.33 an office or other type of representation in a foreign country. 8.34 Sec. 14. Minnesota Statutes 2002, section 116O.071, 8.35 subdivision 3, is amended to read: 8.36 Subd. 3. [AUTHORITY TO PERFORM REQUESTED EVALUATIONS.] The 9.1 governor, speaker of the house of representatives, house of 9.2 representatives minority leader, senate majority leader, senate 9.3 minority leader, chair of the house of representatives 9.4 AppropriationsWays and Means Committee, chair of the senate 9.5 Finance Committee, director, or a member of the legislature 9.6 considering the introduction or approval of legislation 9.7 containing funding for scientifically and technologically 9.8 related research and development may request the corporation to 9.9 evaluate a loan or grant made or to be made or the proposed 9.10 legislation for funding scientifically and technologically 9.11 related research and development to determine (1) whether it 9.12 complies with the guidelines required by subdivision 1, clause 9.13 (1), item (ii); (2) whether it is technically feasible; and (3) 9.14 for development proposals, whether the proposal appears to have 9.15 the potential for economic development. Ad hoc committees may 9.16 be appointed by the corporation. 9.17 Sec. 15. Minnesota Statutes 2002, section 116P.08, 9.18 subdivision 3, is amended to read: 9.19 Subd. 3. [STRATEGIC PLAN REQUIRED.] (a) The commission 9.20 shall adopt a strategic plan for making expenditures from the 9.21 trust fund, including identifying the priority areas for funding 9.22 for the next six years. The strategic plan must be updated 9.23 every two years. The plan is advisory only. The commission 9.24 shall submit the plan, as a recommendation, to the house of 9.25 representatives AppropriationsWays and Means and senate Finance 9.26 Committees by January 1 of each odd-numbered year. 9.27 (b) The commission may accept or modify the draft of the 9.28 strategic plan submitted to it by the advisory committee before 9.29 voting on the plan's adoption. 9.30 Sec. 16. Minnesota Statutes 2002, section 144.701, 9.31 subdivision 4, is amended to read: 9.32 Subd. 4. [FILING FEES.] Each report which is required to 9.33 be submitted to the commissioner of health under sections 9.34 144.695 to 144.703 and which is not submitted to a voluntary, 9.35 nonprofit reporting organization in accordance with section 9.36 144.702 shall be accompanied by a filing fee in an amount 10.1 prescribed by rule of the commissioner of health. Upon the 10.2 withdrawal of approval of a reporting organization, or the 10.3 decision of the commissioner to not renew a reporting 10.4 organization, fees collected under section 144.702 shall be 10.5 submitted to the commissioner. Fees received under this 10.6 subdivision shall be deposited in a revolving fund and are 10.7 appropriated to the commissioner of health for the purposes of 10.8 sections 144.695 to 144.703. The commissioner shall report the 10.9 termination or nonrenewal of the voluntary reporting 10.10 organization to the chair of the Health and Human Services 10.11 Subdivision of the AppropriationsFinance Committee of the house 10.12 of representatives, to the chair of the Health and Human 10.13 Services Division of the Finance Committee of the senate, and 10.14 the commissioner of finance. 10.15 Sec. 17. Minnesota Statutes 2002, section 245.90, is 10.16 amended to read: 10.17 245.90 [COURT AWARDED FUNDS, DISPOSITION.] 10.18 The commissioner of human services shall notify the house 10.19 AppropriationsWays and Means and senate Finance Committees of 10.20 the terms of any contractual arrangement entered into by the 10.21 commissioner and the attorney general, pursuant to an order of 10.22 any court of law, which provides for the receipt of funds by the 10.23 commissioner. 10.24 Any funds recovered or received by the commissioner 10.25 pursuant to an order of any court of law shall be placed in the 10.26 general fund. 10.27 Sec. 18. Minnesota Statutes 2002, section 270.063, 10.28 subdivision 1, is amended to read: 10.29 Subdivision 1. [APPROPRIATION.] For the purpose of 10.30 collecting delinquent state tax liabilities or debts as defined 10.31 in section 16D.02, subdivision 3, there is appropriated to the 10.32 commissioner of revenue an amount representing the cost of 10.33 collection by contract with collection agencies, revenue 10.34 departments of other states, or attorneys to enable the 10.35 commissioner to reimburse these agencies, departments, or 10.36 attorneys for this service. The commissioner shall report 11.1 quarterly on the status of this program to the chair of the 11.2 house Tax and AppropriationWays and Means Committees and senate 11.3 Tax and Finance Committees. 11.4 Sec. 19. Minnesota Statutes 2002, section 270.71, is 11.5 amended to read: 11.6 270.71 [ACQUISITION AND RESALE OF SEIZED PROPERTY.] 11.7 For the purpose of enabling the commissioner of revenue to 11.8 purchase or redeem seized property in which the state of 11.9 Minnesota has an interest arising from a lien for unpaid taxes, 11.10 or to provide for the operating costs of collection activities 11.11 of the Department of Revenue, there is appropriated to the 11.12 commissioner an amount representing the cost of such purchases, 11.13 redemptions, or collection activities. Seized property acquired 11.14 by the state of Minnesota to satisfy unpaid taxes shall be 11.15 resold by the commissioner. The commissioner shall preserve the 11.16 value of seized property while controlling it, including but not 11.17 limited to the procurement of insurance. For the purpose of 11.18 refunding the proceeds from the sale of levied or redeemed 11.19 property which are in excess of the actual tax liability plus 11.20 costs of acquiring the property, there is hereby created a 11.21 levied and redeemed property refund account in the agency fund. 11.22 All amounts deposited into this account are appropriated to the 11.23 commissioner of revenue. The commissioner shall report 11.24 quarterly on the status of this program to the chairs of the 11.25 house Taxes and AppropriationsWays and Means Committees and 11.26 senate Taxes and Tax Laws and Finance Committees.