Minnesota Legislature
SF 2469
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/09/2012 09:27am
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A bill for an act
relating to state government; requiring the Legislative Advisory Commission to
consider certain requests to spend federal money; limiting the authority to spend
federal money without legislative review to certain emergency management
purposes; appropriating money for veterans affairs, public safety, and for disaster
assistance and flood mitigation; providing for fund transfers; modifying the GI
bill program; modifying certain fee deposits; providing funding to the Minnesota
State Colleges and Universities for leveraged equipment acquisition; modifying
Legislative Advisory Commission membership; amending Minnesota Statutes
2010, sections 3.30, subdivision 2; 3.3005, subdivisions 2a, 5, 6, by adding
a subdivision; 12.22, subdivision 1; 116.03, subdivision 3; 138.668; 197.791,
subdivision 6, by adding a subdivision; repealing Minnesota Statutes 2010,
section 3.3005, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
FEDERAL FUNDS SPENDING
Section 1.
Minnesota Statutes 2010, section 3.30, subdivision 2, is amended to read:
Subd. 2.
Members; duties.
The majority leader of the senate or a designee, new text begin the
minority leader of the senate or a designee, new text end the chair of the senate Committee on Finance,
and the chair of the senate deleted text begin Division of Financedeleted text end new text begin committeenew text end responsible for overseeing
the items being considered by the commission, the speaker of the house or a designee,
new text begin the minority leader of the house or a designee, new text end the chair of the house of representatives
Committee on Ways and Means, and the chair of the appropriate finance committee, or
division of the house of representatives committee responsible for overseeing the items
being considered by the deleted text begin commissionerdeleted text end new text begin commissionnew text end , constitute the Legislative Advisory
Commission. The division chair of the Finance Committee in the senate and the division
chair of the appropriate finance committee or division in the house of representatives shall
rotate according to the items being considered by the commission. If any of the members
elect not to serve on the commission, the house of which they are members, if in session,
shall select some other member for the vacancy. If the legislature is not in session,
vacancies in the house of representatives membership of the commission shall be filled by
the last speaker of the house or, if the speaker is not available, by the last chair of the house
of representatives Rules Committee, and by the last senate Committee on Committees
or other appointing authority designated by the senate rules in case of a senate vacancy.
The commissioner of management and budget shall be secretary of the commission and
keep a permanent record and minutes of its proceedings, which are public records. The
commissioner of management and budget shall transmit, under section 3.195, a report to
the next legislature of all actions of the commission. Members shall receive traveling and
subsistence expenses incurred attending meetings of the commission. The commission
shall meet from time to time upon the call of the governor or upon the call of the secretary
at the request of two or more of its members. A recommendation of the commission must
be made at a meeting of the commission unless a written recommendation is signed by all
the members entitled to vote on the item.
Sec. 2.
Minnesota Statutes 2010, section 3.3005, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Application. new text end
new text begin
The review in this section applies to federal funds
appropriated under section 4.07, subdivision 3, or federal funds appropriated under any
other section, except for federal funds appropriated under section 12.22, subdivision 1.
new text end
Sec. 3.
Minnesota Statutes 2010, section 3.3005, subdivision 2a, is amended to read:
Subd. 2a.
Review of federal funds spending request.
deleted text begin Twentydeleted text end new text begin Thirtynew text end days after a
governor's budget request that includes a request to spend federal money is submitted to
the legislature under subdivision 2, a state agency may expend money included in that
request unless, within the deleted text begin 20-daydeleted text end new text begin 30-daynew text end period, deleted text begin a member ofdeleted text end the Legislative Advisory
Commission requests further review. If deleted text begin adeleted text end new text begin thenew text end Legislative Advisory Commission deleted text begin memberdeleted text end
requests further review of a federal funds spending request, the agency may not expend
the federal funds untilnew text begin :
new text end
new text begin (1) new text end the new text begin commission's new text end request has been satisfied and withdrawndeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the expenditure is approved in lawdeleted text begin ,deleted text end new text begin ; new text end or
new text begin (3) new text end the regular session of the legislature is adjourned for the year.
Sec. 4.
Minnesota Statutes 2010, section 3.3005, subdivision 5, is amended to read:
Subd. 5.
Legislative Advisory Commission review.
Federal money that becomes
available under subdivision 3, 3a, new text begin or new text end 3bdeleted text begin , or 4deleted text end may be allotted after the commissioner of
management and budget has submitted the request to deleted text begin the members ofdeleted text end the Legislative
Advisory Commission for their review and recommendation deleted text begin for further review. If
a recommendation is not made within ten days, no further review by the Legislative
Advisory Commission is required, and the commissioner shall approve or disapprove
the request. If a recommendation by any member is for further review the governor
deleted text end deleted text begin shall submit the request to the Legislative Advisory Commission for its review and
recommendation. Failure or refusal of the commission to make a recommendation
promptly is a negative recommendationdeleted text end . new text begin If the commission makes a negative
recommendation or a recommendation for further review on a request within 30 days after
the date the request was submitted, the commissioner shall not approve expenditure of
that federal money. If a request to expend federal money submitted under this subdivision
receives a negative recommendation or a recommendation for further review, the request
may be submitted again under subdivision 2. If the members of the commission make
a positive recommendation or no recommendation, the commissioner shall approve or
disapprove the request and the federal money may be allotted for expenditure.
new text end
Sec. 5.
Minnesota Statutes 2010, section 3.3005, subdivision 6, is amended to read:
Subd. 6.
Interim proceduresdeleted text begin ; nonurgenciesdeleted text end .
If federal money becomes available
to the state for expenditure after the deadline in subdivision 2 or while the legislature is
not in sessiondeleted text begin , and subdivision 4 does not applydeleted text end , a request to expend the federal money
may be submitted by the commissioner of management and budget to deleted text begin members ofdeleted text end
the Legislative Advisory Commission for deleted text begin theirdeleted text end review and recommendation. deleted text begin Thisdeleted text end new text begin The
commissioner may submit a new text end request deleted text begin must be submitted by October 1deleted text end new text begin to the Legislative
Advisory Commission under this subdivision on August 1 and October 15 new text end of any year. If
deleted text begin any member ofdeleted text end the commission makes a negative recommendation or a recommendation
for further review on a request deleted text begin by October 20 of the same yeardeleted text end new text begin within 30 days after the
date the request was submittednew text end , the commissioner shall not approve expenditure of that
federal money. If a request to expend federal money submitted under this subdivision
receives a negative recommendation or a recommendation for further review, the request
may be submitted again under subdivision 2. If the members of the commission make
a positive recommendation or no recommendation, the commissioner shall approve or
disapprove the request and the federal money may be allotted for expenditure.
Sec. 6.
Minnesota Statutes 2010, section 12.22, subdivision 1, is amended to read:
Subdivision 1.
Federal aid.
Whenever the federal government, or an agency or
officer of the federal government, offers to the state, or through the state to any political
subdivision of the state, services, equipment, supplies, materials, or funds by way of gift,
grant or loan, for the purposes of emergency management, the state, acting through the
governor, or the political subdivision, acting with the consent of the governor and through
its governing body, may accept the offer and then may authorize an officer of the state
or of the political subdivision, as the case may be, to receive the services, equipment,
supplies, materials, or funds on behalf of the state or the political subdivision and subject
to the terms of the offer and the rules, if any, of the agency making the offer. deleted text begin However,deleted text end new text begin
Money received by the governor or any state agency under this subdivision is appropriated
to the state agency receiving the funds to carry out the emergency management purposes
for which the money is received. Section 3.3005 does not apply to money appropriated
under this section. new text end No money or other funds may be accepted or received as a loan nor any
indebtedness incurred except as provided by law.
Sec. 7.
Minnesota Statutes 2010, section 116.03, subdivision 3, is amended to read:
Subd. 3.
Federal funds.
The commissioner of the Pollution Control Agency is
the state agent to apply for, receive, and disburse federal funds made available to the
state by federal law or rules and regulations promulgated thereunder for any purpose
related to the powers and duties of the Pollution Control Agency or the commissioner.
The commissioner shall comply with any and all requirements of such federal law or
such rules and regulations promulgated thereunder to facilitate application for, receipt,
and disbursement of such funds. All such moneys received by the commissioner
shall be deposited in the state treasury and are hereby annually appropriated to the
commissioner for the purposes for which they are received. None of such moneys in the
state treasury shall cancel and they shall be available for expenditure in accordance with
the requirements of federal law.
deleted text begin
The provisions of section 3.3005 shall not apply to money available under the
federal Comprehensive Environmental Response, Compensation, and Liability Act of
1980, United States Code, title 42, sections 9601 to 9657, for which a state match is not
required or for which a state match is available under the Environmental Response and
Liability Act or from a political subdivision. The receipt of the money shall be reported
to the Legislative Advisory Commission.
deleted text end
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2010, section 3.3005, subdivision 4,
new text end
new text begin
is repealed.
new text end
ARTICLE 2
STATE GOVERNMENT
Section 1.
Minnesota Statutes 2010, section 138.668, is amended to read:
138.668 ADMISSION FEES.
The Minnesota Historical Society may establish and collect reasonable fees for
admission to state-owned historic sites in the state historic site network in section 138.661deleted text begin
for deposit in an account in the state treasurydeleted text end . These fees shall be available to the society.
Sec. 2. new text begin FUND TRANSFER; DEPARTMENT OF ADMINISTRATION.
new text end
new text begin Subdivision 1. new text end
new text begin Transfer of funds; plant management fund. new text end
new text begin
$80,000 in fiscal year
2012 is transferred from the plant management fund to the general fund. The amount
represents proceeds from the sale of assets and other revenues related to resource recovery
activities. This is a onetime transfer.
new text end
new text begin Subd. 2. new text end
new text begin Transfer of funds; special revenue fund. new text end
new text begin
$6,512 in fiscal year 2012 is
transferred from the special revenue fund to the general fund. The amount represents
remaining funds in an account for a completed savings monitoring energy program. This
is a onetime transfer.
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
ARTICLE 3
VETERANS AFFAIRS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund and are available for the fiscal years indicated for each purpose. The figures
"2012" and "2013" used in this article mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The
first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
fiscal years 2012 and 2013.
new text end
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new text begin
APPROPRIATIONS new text end |
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new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2012 new text end |
new text begin
2013 new text end |
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Sec. 2. new text begin VETERANS AFFAIRS
|
new text begin new text end | new text begin new text end | new text begin new text end | new text begin new text end | ||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
400,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Veterans Services
|
new text begin
-0- new text end |
new text begin
400,000 new text end |
||||
new text begin
$100,000 the second year is for a grant to the
Minnesota Assistance Council for Veterans.
This is a onetime appropriation.
new text end
new text begin
$100,000 the second year is for compensation
for honor guards at the funerals of veterans
in accordance with the program under
Minnesota Statutes, section 197.231.
new text end
new text begin
$200,000 the second year is for the
Veterans Service Office grant program under
Minnesota Statutes, section 197.608. This is
a onetime appropriation.
new text end
Sec. 3.
Minnesota Statutes 2010, section 197.791, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Apprenticeship and on-the-job training. new text end
new text begin
(a) The commissioner, in
consultation with the commissioners of employment and economic development and labor
and industry, shall develop and implement an apprenticeship and on-the-job training
program to administer a portion of the Minnesota GI Bill program to pay benefit amounts
to eligible applicants, as provided in this subdivision.
new text end
new text begin
(b) An "eligible employer" means an employer operating a qualifying apprenticeship
or on-the-job training program that has been approved by the commissioner.
new text end
new text begin
(c) A person is eligible for apprenticeship and on-the-job training assistance under
this subdivision if the person meets the criteria established under subdivision 4, paragraphs
(a), clause (1), and (c) to (e). The amount of assistance paid to or on behalf of an eligible
individual under this subdivision must not exceed the following:
new text end
new text begin
(1) $2,000 per fiscal year for apprenticeship expenses;
new text end
new text begin
(2) $2,000 per fiscal year for on-the-job training;
new text end
new text begin
(3) $1,000 for a job placement credit payable to an eligible employer upon hiring
a person receiving assistance under this subdivision; and
new text end
new text begin
(4) $1,000 for a job placement credit payable to an eligible employer after a person
receiving assistance under this subdivision has been employed by the eligible employer
for at least 12 consecutive months as a full-time employee.
new text end
new text begin
No more than $3,000 in aggregate benefits under this paragraph may be paid to or on
behalf of an individual in one fiscal year.
new text end
new text begin
(d) Assistance for apprenticeship expenses and on-the-job training is available for
qualifying programs, which must, at a minimum, meet the following criteria:
new text end
new text begin
(1) the training must be with an eligible employer;
new text end
new text begin
(2) the training must be documented and reported;
new text end
new text begin
(3) the training must reasonably be expected to lead to an entry-level position; and
new text end
new text begin
(4) the position must require at least six months of training to become fully trained.
new text end
Sec. 4.
Minnesota Statutes 2010, section 197.791, subdivision 6, is amended to read:
Subd. 6.
Appropriation.
The amount necessary to pay the benefit amounts
in deleted text begin subdivision 5deleted text end new text begin subdivisions 5 and 5anew text end is appropriated from the general fund to the
commissioner. During any fiscal year beginning on or after July 1, 2013, the amount paid
under this subdivision must not exceed $6,000,000.
ARTICLE 4
DEPARTMENT OF PUBLIC SAFETY
Section 1. new text begin APPROPRIATIONS.new text end
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new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2012" and "2013" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2012, or
June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
year 2013. "The biennium" is fiscal years 2012 and 2013.
new text end
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new text begin
APPROPRIATIONS new text end |
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new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2012 new text end |
new text begin
2013 new text end |
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Sec. 2. new text begin DEPARTMENT OF PUBLIC SAFETY
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new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivision.
new text end
new text begin Subd. 2. new text end
new text begin
Public Safety Support
|
new text begin
250,000 new text end |
new text begin
-0- new text end |
||||
new text begin
$250,000 the first year is for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38.
new text end
ARTICLE 5
MINNESOTA STATE COLLEGES AND UNIVERSITIES
Section 1. new text begin MINNESOTA STATE COLLEGES AND UNIVERSITIES.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund and are available for the fiscal years indicated for each purpose. The figures
"2012" and "2013" used in this article mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The
first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
fiscal years 2012 and 2013.
new text end
|
new text begin
APPROPRIATIONS new text end |
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|
new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2012 new text end |
new text begin
2013 new text end |
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Sec. 2. new text begin MINNESOTA STATE COLLEGES
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new text begin
$ new text end |
new text begin
500,000 new text end |
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new text begin
$500,000 the second year is for leveraged
equipment acquisition. For the purposes of
this section, "equipment" means equipment
for instructional purposes for programs that
the board has determined would produce
graduates with skills for which there is a
high employer need within the state. An
equipment acquisition may be made using
this appropriation only if matched by cash or
in-kind contributions from nonstate sources.
This is a onetime appropriation.
new text end
ARTICLE 6
FLOOD-RELATED APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
new text end
new text begin
(a) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
section 11, is reduced by $285,000.
new text end
new text begin
(b) $235,000 is appropriated from the general fund in fiscal year 2012 to the
commissioner of public safety to provide a match for Federal Emergency Management
Agency (FEMA) disaster assistance to state agencies and political subdivisions under
Minnesota Statutes, section 12.221, in the area designated under Presidential Declaration
of Major Disaster, FEMA-1900-DR, for the flooding in Minnesota in the spring of 2010,
whether included in the original declaration or added later by federal government action.
This is a onetime appropriation and is available until expended.
new text end
new text begin
(c) $50,000 is appropriated from the general fund in fiscal year 2012 to the
commissioner of natural resources for a grant to the Mankato Water Resources Center to
prepare a report to identify potential flood mitigation measures and projects within the
Zumbro River watershed as a result of the 2010 flood. By January 15 of each year, until
this appropriation has been spent, the commissioner shall submit a report regarding the
use of this appropriation to the chairs of the legislative committees with jurisdiction over
natural resources policy and finance. This is a onetime appropriation and is available
until expended.
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