SF 2144

as introduced - 89th Legislature (2015 - 2016) Posted on 05/14/2015 08:47am

A bill for an act
relating to state government; suspending compensation of legislators and the
governor until certain finance and revenue bills are enacted; defining the effective
date for certain executive orders; providing certain appropriations continue in
effect at a 100 percent rate unless eliminated or otherwise modified; prohibiting
courts from ordering expenditures from the state treasury except under a certain
circumstance; authorizing the governor to stop continued appropriations by
executive order except in a certain circumstance; amending Minnesota Statutes
2014, section 4.035, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapters 3; 16A.

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

Section 1.

new text begin [3.0985] COMPENSATION SUSPENDED UNTIL MAJOR BUDGET
BILLS ENACTED.
new text end

new text begin Notwithstanding any law to the contrary, members of the legislature may not receive
salary or per diem living expenses and the governor may not receive salary after the
effective date of an executive order issued under section 16A.312 until all of the bills
designated as major finance and revenue bills have been enacted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2014, section 4.035, subdivision 2, is amended to read:

Subd. 2.

Effective date.

An executive order issued pursuant to sections 12.31 to
12.32 or any other emergency executive order issued to protect a person from an imminent
threat to health and safety shall be effective immediately and shall be filed with the
secretary of state and published in the State Register as soon as possible after its issuance.
Emergency executive orders shall be identified as such in the order. new text begin An executive order
issued under section 16A.312 shall be effective 45 days after its publication in the State
Register and filing with the secretary of state. new text end Any other executive order shall be effective
upon 15 days after its publication in the state register and filing with the secretary of
state. The governor shall submit a copy of the executive order to the commissioner of
administration to facilitate publication in the State Register.

Sec. 3.

new text begin [16A.31] CONTINUING APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies only to an appropriation enacted in
a major finance or revenue bill. The house of representatives and the senate must adopt
rules or resolutions specifying which bills are major finance or revenue bills. If the house
of representatives and the senate fail to agree on which bills are major finance or revenue
bills, "major finance or revenue bill" means the primary bill establishing state tax policy,
and the primary bill making appropriations in each of the following areas: judiciary
and public safety; higher education; early childhood through high school education;
agriculture and rural economies; environment and natural resources; health and human
services; state government finance; economic development; and transportation.
new text end

new text begin Subd. 2. new text end

new text begin Appropriations continue. new text end

new text begin (a) An appropriation from the general fund
or any other fund enacted in a major finance or revenue bill remains in effect at 100
percent of the base level for the following biennium, unless a law is enacted eliminating
or amending the appropriation.
new text end

new text begin The appropriation base level is determined as provided in section 16A.11,
subdivision 3, paragraph (b).
new text end

new text begin (b) The amounts needed to implement this section are appropriated from each fund
covered by this section.
new text end

new text begin (c) This section does not apply to an appropriation in a fiscal year if a law is enacted
appropriating money in that fiscal year for the purpose of the appropriation.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions and adjustments. new text end

new text begin (a) An appropriation remaining in effect
under authority of subdivision 2 must be adjusted or discontinued as required by other
law, by general policies of the commissioner of management and budget, and in the
following circumstances:
new text end

new text begin (1) an appropriation for the fiscal year ending June 30 of the odd-numbered year
does not remain in effect for the fiscal year starting on July 1 if the legislature specifically
designated the appropriation as a onetime appropriation, if the commissioner of
management and budget determines that the legislature clearly intended the appropriation
to be onetime, or if the program for which the appropriation was made expires on or
before July 1;
new text end

new text begin (2) if an appropriation remains in effect under authority of subdivision 2, but the
program or activity that is the subject of the appropriation is scheduled to expire during a
fiscal year, the commissioner of management and budget must prorate the appropriation;
and
new text end

new text begin (3) the commissioner of management and budget may make technical adjustments to
the amount of an appropriation to the extent the commissioner determines the technical
adjustments are needed to accurately reflect the amount that constitutes the annual
base level of the appropriation. The commissioner may make an adjustment under this
paragraph only if one or more of the following conditions are met:
new text end

new text begin (i) the legislature previously appropriated money for a biennium, with the entire
appropriation being allocated to one year of the biennium, and the commissioner
determines an adjustment is necessary to accurately reflect the annual amount needed to
maintain program operations at the same level;
new text end

new text begin (ii) laws or policies under which revenues and expenditures are accounted for
have changed to eliminate or consolidate certain funds or accounts, and adjustments in
appropriations are necessary to implement these changes;
new text end

new text begin (iii) duties have been transferred between agency programs, or between agencies,
and adjustments in appropriations are needed to reflect these transfers; or
new text end

new text begin (iv) a program, or changes to a program, were not fully operational in one fiscal year,
but will be fully operational in the following year, and an adjustment to the appropriation
is needed to accurately reflect the annual cost of the new or changed program.
new text end

new text begin (b) The commissioner of management and budget must give the chairs of the senate
Finance Committee and the house of representatives Ways and Means Committee written
notice of any adjustments made under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

new text begin [16A.311] COURTS MAY NOT ORDER EXPENDITURES.
new text end

new text begin Notwithstanding section 480.04, 480A.06, or 484.01, or any other law to the
contrary, a court may not order any expenditure of an amount in the treasury to fund any
operation of state government that violates the constitutional prohibition in the Minnesota
Constitution, article XI, section 1, against paying money out of the treasury of the state
except in pursuance of an appropriation by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

new text begin [16A.312] GOVERNOR AUTHORIZED TO STOP CONTINUED
APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Executive order. new text end

new text begin The governor may, by executive order, prevent
the expenditure of appropriations that are continued under section 16A.31, except that
the governor is not authorized to prevent the expenditure of an appropriation that funds
public safety and is continued under section 16A.31. If the governor issues an executive
order under this section, the governor must issue a proclamation under the Minnesota
Constitution, article IV, section 12, to convene the legislature 30 days after publication of
the executive order. Appropriations continued under section 16A.31 that are subject to
executive order under this section shall not be reinstated by a subsequent executive order.
new text end

new text begin Subd. 2. new text end

new text begin Effective date of executive order. new text end

new text begin An executive order issued under this
section shall be effective 45 days after its publication in the State Register and filing
with the secretary of state.
new text end