SF 2688

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; canceling balances and 
  1.3             transferring money to the general fund; instituting a 
  1.4             state government hiring freeze with certain 
  1.5             exceptions; directing the commissioner of employee 
  1.6             relations to review the hiring freeze; amending 
  1.7             Minnesota Statutes 2001 Supplement, section 16A.152, 
  1.8             subdivisions 1a, 2; repealing Minnesota Statutes 2001 
  1.9             Supplement, section 16A.1523; Laws 2001, First Special 
  1.10            Session chapter 5, article 20, section 22. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.13  16A.152, subdivision 1a, is amended to read: 
  1.14     Subd. 1a.  [BUDGET RESERVE.] A budget reserve account of 
  1.15  $653,000,000 is created in the general fund in the state 
  1.16  treasury.  The commissioner of finance shall transfer to the 
  1.17  budget reserve account on July 1 of each odd-numbered year any 
  1.18  amounts specifically appropriated by law to the budget reserve. 
  1.19     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  1.20  16A.152, subdivision 2, is amended to read: 
  1.21     Subd. 2.  [ADDITIONAL REVENUES; PRIORITY.] If on the basis 
  1.22  of a forecast of general fund revenues and expenditures, the 
  1.23  commissioner of finance determines that there will be a positive 
  1.24  unrestricted budgetary general fund balance at the close of the 
  1.25  biennium, the commissioner of finance must allocate money to the 
  1.26  budget reserve until the total amount in the account equals the 
  1.27  amount set in this section $653,000,000. 
  1.28     The amounts necessary to meet the requirements of this 
  2.1   section are appropriated from the general fund within two weeks 
  2.2   after the forecast is released. 
  2.3      Sec. 3.  [TOBACCO USE PREVENTION AND LOCAL PUBLIC HEALTH 
  2.4   ENDOWMENT FUND TRANSFER.] 
  2.5      Notwithstanding Minnesota Statutes, section 144.395, or 
  2.6   other law to the contrary, $500,000,000 of the money 
  2.7   appropriated under Minnesota Statutes, section 16A.87, 
  2.8   subdivision 3, paragraph (a), for the tobacco use prevention and 
  2.9   local public health endowment fund is transferred to the general 
  2.10  fund. 
  2.11     Sec. 4.  [MINNESOTA WORKERS' COMPENSATION ASSIGNED RISK 
  2.12  PLAN SURPLUS TRANSFER.] 
  2.13     Subdivision 1.  [EXCESS SURPLUS.] "Excess surplus" means 
  2.14  the amount of the Minnesota workers' compensation assigned risk 
  2.15  plan funds that exceeds the amount necessary to pay all current 
  2.16  liabilities of this plan, including, but not limited to: 
  2.17     (1) administrative expenses; 
  2.18     (2) benefit claims; and 
  2.19     (3) in the event the Minnesota workers' compensation 
  2.20  assigned risk plan is dissolved under Minnesota Statutes, 
  2.21  section 79.251, subdivision 8, the amounts which would be due 
  2.22  insurers who have paid assessments to this plan.  
  2.23     Subd. 2.  [TRANSFER OF EXCESS SURPLUS FUNDS.] (a) On or 
  2.24  before July 15, 2002, the commissioner of commerce shall certify 
  2.25  to the commissioner of finance the amount of the Minnesota 
  2.26  workers' compensation assigned risk plan excess surplus.  On or 
  2.27  before July 15, 2002, the commissioner of finance and the 
  2.28  commissioner of commerce must direct the transfer of $94,900,000 
  2.29  of assets of the assigned risk plan excess surplus to the 
  2.30  general fund. 
  2.31     (b) The transfer of funds authorized by this subdivision is 
  2.32  not subject to review under Minnesota Statutes, chapter 14. 
  2.33     Sec. 5.  [WORKERS' COMPENSATION SPECIAL COMPENSATION FUND 
  2.34  TRANSFER.] 
  2.35     Notwithstanding Minnesota Statutes, section 179.129, or any 
  2.36  other law to the contrary, by June 30, 2002, the commissioner of 
  3.1   finance shall transfer $230,000,000 from the special 
  3.2   compensation fund created under Minnesota Statutes, section 
  3.3   176.129, to the general fund. 
  3.4      Sec. 6.  [BALANCES CANCELED TO GENERAL FUND.] 
  3.5      The unobligated balances in the following general fund 
  3.6   accounts created in the sections of Minnesota Statutes indicated 
  3.7   are canceled to the general fund: 
  3.8      (1) the budget reserve account, Minnesota Statutes, section 
  3.9   16A.152, subdivision 1a, estimated to be $653,000,000; 
  3.10     (2) the tax relief account, Minnesota Statutes, section 
  3.11  16A.1522, subdivision 4, estimated to be $158,148,000; and 
  3.12     (3) the local government aid reform account, Minnesota 
  3.13  Statutes, section 16A.1523, estimated to be $14,000,000. 
  3.14     Sec. 7.  [HIRING FREEZE.] 
  3.15     A state employer may not hire any permanent or temporary 
  3.16  employees before July 1, 2003.  This prohibition does not apply 
  3.17  to the hiring of state nursing home workers; essential 
  3.18  employees, as defined in Minnesota Statutes, section 179A.03, 
  3.19  subdivision 7; or University of Minnesota employees. 
  3.20     For purposes of this section, "state employer" means state 
  3.21  departments, boards, agencies, commissions, courts, Minnesota 
  3.22  state colleges and universities, and offices in the executive, 
  3.23  legislative, and judicial branches of the state.  State employer 
  3.24  does not include a city, town, county, school district, other 
  3.25  local governmental body, or the University of Minnesota. 
  3.26     The commissioner of employee relations may transfer 
  3.27  positions from one state agency to another state agency if the 
  3.28  commissioner finds that the hiring freeze has had a 
  3.29  disproportionate adverse impact on a particular state agency.  
  3.30  The commissioner of employee relations may grant a waiver of the 
  3.31  hiring freeze if the commissioner finds that a vacant position 
  3.32  must be filled and cannot be adequately filled by existing 
  3.33  staff.  If a waiver is requested by a court or office in the 
  3.34  judicial branch, the commissioner shall consult with the chief 
  3.35  justice of the supreme court on the waiver. 
  3.36     The commissioner of employee relations shall review the 
  4.1   results of the hiring freeze by June 1, 2002.  The review must 
  4.2   include a determination if the hiring freeze will result in 
  4.3   savings in compensation and benefits equivalent to the cost of 
  4.4   compensation and benefits of 3,600 full-time equivalent 
  4.5   positions for a calendar year by December 31, 2002.  If the 
  4.6   commissioner finds that the hiring freeze will not result in a 
  4.7   savings equivalent to the compensation and benefits of 3,600 
  4.8   full-time equivalent positions for calendar year 2002, the 
  4.9   commissioner shall develop and implement a plan to do so.  If 
  4.10  layoffs are required under the plan, each state employer must 
  4.11  lay off an equal percentage of its staff to achieve the required 
  4.12  savings.  The commissioner shall consult with the chief justice 
  4.13  of the supreme court on implementation of the plan for the 
  4.14  judicial branch.  
  4.15     Sec. 8.  [REPEALER.] 
  4.16     (a) Minnesota Statutes 2001 Supplement, section 16A.1523, 
  4.17  is repealed. 
  4.18     (b) Laws 2001, First Special Session chapter 5, article 20, 
  4.19  section 22, is repealed. 
  4.20     Sec. 9.  [EFFECTIVE DATE.] 
  4.21     Sections 1 to 8 are effective the day following final 
  4.22  enactment.