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SF 2722

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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

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Engrossments

Introduction Posted on 03/01/2006
1st Engrossment Posted on 03/20/2006
2nd Engrossment Posted on 05/11/2006

Current Version - 2nd Engrossment

1.1                                        A bill for an act
1.2     relating to finance; providing an appropriation for emergencies; requiring reports 
1.3     and recommendations to bring the state budget into compliance with generally 
1.4     accepted governmental accounting principles; requiring disclosure of the impact 
1.5     of inflation on state expenditures; requiring consultation on expenditure data; 
1.6     requiring a report of cash flow for the general fund; providing continuing 
1.7     appropriations for the operation of state government under certain conditions; 
1.8     giving legislators standing to sue to enjoin expenditure of money out of the state 
1.9     treasury under certain circumstances; appropriating money;amending Minnesota 
1.10    Statutes 2004, sections 9.061, subdivision 5; 16A.055, subdivision 1; 16A.103, 
1.11    subdivisions 1b, 1c, 1e; 16A.11, subdivision 2, by adding a subdivision; 
1.12    16A.138; proposing coding for new law in Minnesota Statutes, chapter 16A.
1.13    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14        Section 1. Minnesota Statutes 2004, section 9.061, subdivision 5, is amended to read:
1.15        Subd. 5. Spending power. Where When the governor has declared under section 
1.16    12.31 that an emergency exists, the Executive Council, after consulting with the 
1.17    Legislative Advisory Commission under section 3.30, may expend money as necessary 
1.18    therefor within the limit of appropriations made to the council for this purpose, but not 
1.19    to exceed $3,000,000 in any fiscal year, and that amount is annually appropriated from 
1.20    the general fund for this purpose.
1.21    EFFECTIVE DATE.This section is effective July 1, 2007.

1.22        Sec. 2. Minnesota Statutes 2004, section 16A.055, subdivision 1, is amended to read:
1.23        Subdivision 1. List. (a) The commissioner shall:
1.24    (1) receive and record all money paid into the state treasury and safely keep it until 
1.25    lawfully paid out;
1.26    (2) manage the state's financial affairs;
2.1     (3) keep the state's general account books according to generally accepted 
2.2     government accounting principles;
2.3     (4) keep expenditure and revenue accounts according to generally accepted 
2.4     government accounting principles;
2.5     (5) develop, provide instructions for, prescribe, and manage a state uniform 
2.6     accounting system;
2.7     (6) provide to the state the expertise to ensure that all state funds are accounted for 
2.8     under generally accepted government accounting principles; and
2.9     (7) coordinate the development of, and maintain standards for, internal auditing in 
2.10    state agencies and, in cooperation with the commissioner of administration, report to the 
2.11    legislature and the governor by January 31 of odd-numbered years, on progress made.
2.12    (b) The commissioner shall report to the legislature by January 15 each year any 
2.13    laws that require the state's general fund budget not to be reported according to generally 
2.14    accepted government accounting principles.

2.15        Sec. 3. Minnesota Statutes 2004, section 16A.103, subdivision 1b, is amended to read:
2.16        Subd. 1b. Forecast variable.  In determining the amount of state bonding as it 
2.17    affects debt service, the calculation of investment income, and the other variables to be 
2.18    included in the expenditure part of the forecast, the commissioner must consult with the 
2.19    chairs and lead minority members of the senate State Government Finance Committee 
2.20    and the house Ways and Means Committee, and legislative fiscal staff.  This consultation 
2.21    must occur at least three weeks before the forecast is to be released.  No later than two 
2.22    weeks prior to the release of the forecast, the commissioner must inform the chairs and 
2.23    lead minority members of the senate State Government Finance Committee and the house 
2.24    Ways and Means Committee, and legislative fiscal staff of any changes in these variables 
2.25    from the previous forecast.

2.26        Sec. 4. Minnesota Statutes 2004, section 16A.103, subdivision 1c, is amended to read:
2.27        Subd. 1c. Expenditure data. State agencies must submit any revisions in 
2.28    expenditure data the commissioner determines necessary for the forecast to the 
2.29    commissioner at least four weeks prior to the release of the forecast. The commissioner 
2.30    shall make the information submitted by state agencies and any modifications to that 
2.31    information made by the commissioner must be made available to legislative fiscal staff, 
2.32    and shall consult with legislative staff about the meaning of the information,  no later than 
2.33    three weeks prior to the release of the forecast.

3.1         Sec. 5. Minnesota Statutes 2004, section 16A.103, subdivision 1e, is amended to read:
3.2         Subd. 1e. Economic information. The commissioner must review economic 
3.3     information including economic forecasts with legislative fiscal staff no later than two 
3.4     weeks before the forecast is released. The commissioner must invite the chairs and lead 
3.5     minority members of the senate State Government Finance Committee and the house 
3.6     Ways and Means Committee, and legislative fiscal staff to attend any meetings held with 
3.7     outside economic advisors. The commissioner must provide legislative fiscal staff with 
3.8     monthly economic forecast information received from outside sources.

3.9         Sec. 6. [16A.107] CASH FLOW FORECAST.
3.10    Within two weeks after the November forecast of state revenue and expenditures 
3.11    under section 16A.103, the commissioner shall deliver to the governor and the legislature 
3.12    a forecast of cash flow for the general fund, showing the expected maximum and minimum 
3.13    cash balance in the fund for each month of the forecast period.

3.14        Sec. 7. Minnesota Statutes 2004, section 16A.11, subdivision 2, is amended to read:
3.15        Subd. 2. Part one:  message.  Part one of the budget, the governor's message, 
3.16    shall include the governor's recommendations on the financial policy of the state for the 
3.17    coming biennium, describing the important features of the budget plan, embracing a 
3.18    general budget summary setting forth the aggregate figures of the budget so as to show 
3.19    the balanced relation between the total proposed expenditures and the total anticipated 
3.20    income, with the basis and factors on which the estimates are made, the amount to be 
3.21    borrowed, and other means of financing the budget for the coming biennium, compared 
3.22    with the corresponding figures for at least the last two completed fiscal years and the 
3.23    current year. The budget plan must include recommendations on how to bring the budget 
3.24    into compliance with generally accepted governmental accounting principles. The 
3.25    budget plan shall be supported by explanatory schedules or statements, classifying its 
3.26    expenditures by agencies and funds, and the income by agencies, sources, funds, and the 
3.27    proposed amount of new borrowing, as well as proposed new tax or revenue sources.  The 
3.28    budget plan shall be submitted for all special and dedicated funds, as well as the general 
3.29    fund, and shall include the estimated amounts of federal aids, for whatever purpose 
3.30    provided, together with estimated expenditures from them.

3.31        Sec. 8. Minnesota Statutes 2004, section 16A.11, is amended by adding a subdivision 
3.32    to read:
4.1         Subd. 3d. Budget bills. The necessary bills to implement the governor's operating 
4.2     budget must be submitted to the legislature within two weeks after the operating budget 
4.3     was submitted. The necessary bills to implement the governor's capital budget must be 
4.4     submitted to the legislature within two weeks after the capital budget was submitted.

4.5         Sec. 9. [16A.117] CONTINUING APPROPRIATIONS.
4.6     If a major appropriation bill to fund a given state agency for the next biennium is not 
4.7     enacted before July 1 of an odd-numbered year, amounts sufficient to continue operation 
4.8     of that agency and the programs administered by that agency through the  fiscal year 
4.9     ending June 30 of the next even-numbered year at the base level for that next fiscal year, 
4.10    as determined according to section 16A.11, subdivision 3, and previous appropriation 
4.11    acts, are appropriated to the agency from the appropriate funds and accounts in the state 
4.12    treasury. The base level for an appropriation that was designated as onetime or was 
4.13    onetime in nature is zero.

4.14        Sec. 10. Minnesota Statutes 2004, section 16A.138, is amended to read:
4.15    16A.138 OFFICIALS NOT TO EXCEED APPROPRIATION.
4.16        Subdivision 1. Criminal liability; removal from office. When there has been an 
4.17    appropriation for any purpose it shall be unlawful for any state board or official to incur 
4.18    indebtedness on behalf of the board, the official, or the state in excess of the appropriation 
4.19    made for such purpose. It is hereby made unlawful for any state board or official to incur 
4.20    any indebtedness in behalf of the board, the official, or the state of any nature until after 
4.21    an appropriation therefor has been made by the legislature. Any official violating these 
4.22    provisions shall be guilty of a misdemeanor and the governor is hereby authorized and 
4.23    empowered to remove any such official from office.
4.24        Subd. 2. Injunction.  A member of the legislature has standing to sue to enjoin the 
4.25    expenditure of money out of the treasury of this state not pursuant to an appropriation 
4.26    made in a bill enacted by the legislature.

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