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SF 2279

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/08/2021 08:46am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to state government; expanding the authority of the Legislative Budget
Office to order fiscal notes; changing data classifications for data related to fiscal
notes; modifying the treatment of unofficial fiscal notes; amending Minnesota
Statutes 2020, sections 3.8853, by adding a subdivision; 3.98, subdivision 1; 13.64,
subdivisions 3, 4.

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

Section 1.

Minnesota Statutes 2020, section 3.8853, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Access to data and employees. new text end

new text begin Upon request of the director of the Legislative
Budget Office, the head or chief administrative officer of each department or agency of
state government, including the supreme court, must permit reasonable access to data and
employees with subject matter expertise to assist the Legislative Budget Office prepare and
review fiscal notes or enacted legislation.
new text end

Sec. 2.

Minnesota Statutes 2020, section 3.98, subdivision 1, is amended to read:


Subdivision 1.

Preparation; duties.

(a) The head or chief administrative officer of each
department or agency of the state government, including the supreme court, shall prepare
a fiscal note consistent with the standards and procedures adopted under section 3.8853, at
the request of the chair of the standing committee to which a bill has been referred, or the
chair of the house of representatives Ways and Means Committee, or the chair of the senate
Committee on Financenew text begin, and as assigned by the director of the Legislative Budget Office.
The Legislative Budget Office may prepare a fiscal note if an agency does not comply with
this subdivision
new text end.

(b) For purposes of this subdivision, "supreme court" includes all agencies, committees,
and commissions supervised or appointed by the state supreme court or the state court
administrator.

Sec. 3.

Minnesota Statutes 2020, section 13.64, subdivision 3, is amended to read:


Subd. 3.

Unofficial fiscal note.

(a) For purposes of this subdivision, "unofficial fiscal
note" means a fiscal note requested by or on behalf of a member of the legislature on draft
language for a bill that has not been introduced.new text begin Unofficial fiscal notes are public data unless
a classification under paragraph (b) applies.
new text end

(b) This paragraph applies if a request for an unofficial fiscal note is accompanied by a
directive from the requester that the data be classified under this deleted text beginparagraphdeleted text endnew text begin subdivisionnew text end.
Government data on the request, the bill draft, and the unofficial fiscal note are private data
on individuals or nonpublic data, deleted text beginprovideddeleted text endnew text begin exceptnew text end that the data are accessible to, and may
be disclosed by, the requester. If the new text beginproposed bill draft used to develop the new text endunofficial fiscal
note deleted text beginor an updated versiondeleted text end is subsequently deleted text beginused for an introduced bill, or any legislation,
including an amendment or a proposed bill, that any member of the legislature offers for
consideration by a legislative committee
deleted text endnew text begin introduced as a bill, included in an introduced bill,
offered as an amendment, or otherwise distributed at a public meeting or event, or if an
unofficial fiscal note is distributed at a public meeting or event
new text end, the fiscal note becomes
public data.

new text begin (c) An agency must not share data that is classified under this subdivision as nonpublic
data or private data on individuals with another agency without authorization from the bill
author, as obtained from the director of the Legislative Budget Office. This paragraph
supersedes any authorization to share data with the commissioner of management and budget
under section 15.08 or 16A.06, subdivision 7, or other applicable law.
new text end

Sec. 4.

Minnesota Statutes 2020, section 13.64, subdivision 4, is amended to read:


Subd. 4.

Fiscal note data must be shared with Legislative Budget Office.

A head or
chief administrative officer of a department or agency of the state government, including
the supreme court, must provide data that are used to prepare a fiscal notenew text begin or for the
Legislative Budget Office to review the accuracy of fiscal notes on enacted legislation
new text end,
including data that are not public data under this section to the director of the Legislative
Budget Office upon the director's request and consistent with section 3.8853, subdivision
4
, unless there are federal laws or regulations that prohibit the provision of the not public
data for this purpose. The data must be supplied according to any standards and procedures
adopted under section 3.8853, subdivision 3, including any standards and procedures
governing timeliness. Notwithstanding section 13.05, subdivision 9, a responsible authority
may not require the Legislative Budget Office to pay a cost for supplying data requested
under this subdivision.