SF 2164

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2023 10:16am

A bill for an act
relating to state government; appropriating money for state employee salaries in
the event of nonappropriation; 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.1335] EMPLOYEE SALARIES AND BENEFITS IN EVENT OF
STATE GOVERNMENT SHUTDOWN.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "government shutdown" means that,
as of July 1 of an odd-numbered year, legislation appropriating money has not been enacted
for the biennium beginning July 1 of that year for the general operations of:
new text end

new text begin (1) an executive agency;
new text end

new text begin (2) an office or department of the legislature, including each house of the legislature and
the Legislative Coordinating Commission; or
new text end

new text begin (3) a judicial branch agency or department, including a court.
new text end

new text begin Subd. 2. new text end

new text begin Payment required. new text end

new text begin Notwithstanding section 16A.17, subdivision 8, state
employees must be provided payment for lost salary and benefits resulting from their absence
from work during a government shutdown. An employee is eligible for a payment under
this section only upon the employee's return to work.
new text end

new text begin Subd. 3. new text end

new text begin Appropriation; limitation. new text end

new text begin (a) In the event of a government shutdown, the
amount necessary to pay the salary and benefits of employees of any impacted agency,
office, or department is appropriated beginning on that July 1 to that agency, office, or
department. The appropriation is made from the fund or funds from which an appropriation
was made in the previous fiscal year for salary and benefits paid to each affected employee.
new text end

new text begin (b) Amounts appropriated under this subdivision may not exceed the amount or amounts
appropriated for general operations of the affected agency, office, or department in the
previous fiscal year.
new text end

new text begin Subd. 4. new text end

new text begin Certification of amount for employees in the legislative and judicial
branches. new text end

new text begin By June 25 of an odd-numbered year, if a government shutdown appears
imminent, the director of the Legislative Coordinating Commission, the chief clerk of the
house of representatives, the secretary of the senate, and the chief clerk of the supreme court
must each certify to the commissioner of management and budget the amount needed for
salaries and benefits for each fiscal year of the next biennium, and the commissioner of
management and budget shall make the certified amount available on July 1 of that year,
or on another schedule that permits payment of all salary and benefit obligations required
by this section in a timely manner.
new text end

new text begin Subd. 5. new text end

new text begin Subsequent appropriations. new text end

new text begin A subsequent appropriation to the agency, office,
or department for regular operations for a biennium in which this section has been applied
may only supersede and replace the appropriation provided by subdivision 3 by express
reference to this section.
new text end