SF 2187

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:35pm

A bill for an act
relating to elections; providing for transfer of general fund matching
appropriations to the Help America Vote Act account; amending Minnesota
Statutes 2008, section 5.30.

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

Section 1.

Minnesota Statutes 2008, section 5.30, is amended to read:

5.30 HELP AMERICA VOTE ACT ACCOUNT.

Subdivision 1.

Establishment.

The Help America Vote Act account is established
as an account in the state treasury. Money received from the federal government under the
Help America Vote Act, Public Law 107-252, must be deposited in the state treasury and
credited to the account. deleted text begin Money appropriated from the general fund deleted text end new text begin If the secretary of state
determines that this state is otherwise eligible to receive an additional payment of this
federal money, the secretary of state must certify to the commissioner of management and
budget the amount, if any, needed new text end to meet the matching requirement of section 253(b)(5)
of the Help America Vote Act deleted text begin must be transferred to the account deleted text end . new text begin In the certification, the
secretary of state shall specify the portion of the match that should be taken from an
unencumbered general fund appropriation to the secretary of state not designated for a
different purpose. Upon receipt of that certification or as soon as an unencumbered general
fund appropriation becomes available, whichever occurs later, the commissioner must
transfer the specified amount to the account. new text end Money earned from investing the assets of
the account must be credited to the account. Money in the account does not cancel but
remains available until expended. The account is subject to the requirements of section
254(b) of the Help America Vote Act.

Subd. 2.

Appropriation.

deleted text begin Notwithstanding section 4.07, money in the Help America
Vote Act account may be spent only pursuant to direct appropriations enacted from time
to time by law. deleted text end Money in the account new text begin is appropriated to the secretary of state and new text end must
be spent to improve administration of elections in accordance with the Help America
Vote Act, the state plan certified by the governor under the act, and for reporting and
administrative requirements under the act and plan. Money in the account must be used
in a manner that is consistent with the maintenance of effort requirements of section
254(a)(7) of the Help America Vote Act, Public Law 107-252, based on the level of state
expenditures for the fiscal year ending June 30, 2000.

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
new text end