Minnesota Legislature
SF 3658
as introduced - 90th Legislature (2017 - 2018) Posted on 03/27/2018 04:44pm
1.11 1.12 1.13 1.14 1.15 1.16
1.17
1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19
2.20 2.21 2.22 2.23 2.24
2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32
2.33
3.1 3.2 3.3 3.4 3.5 3.6 3.7
3.8 3.9 3.10
3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27
3.28
3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16
4.17
4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 6.1 6.2 6.3 6.4 6.5 6.6 6.7
6.8
6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18
6.19
6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11
7.12
7.13 7.14
7.15
7.16
7.17 7.18
7.19 7.20
7.21
7.22 7.23
7.24 7.25 7.26 7.27
7.28
7.29 7.30
8.1
A bill for an act
relating to state government; modifying the effective date of certain provisions
governing the preparation of fiscal notes; modifying provisions governing the
Legislative Budget Office; amending Minnesota Statutes 2016, sections 10A.01,
subdivision 35; 13.64, by adding a subdivision; Minnesota Statutes 2017
Supplement, sections 3.8853, subdivisions 1, 2, by adding subdivisions; 3.98,
subdivision 1; 477A.03, subdivision 2b; Laws 2017, First Special Session chapter
4, article 2, sections 1; 3; 58; repealing Minnesota Statutes 2017 Supplement,
section 3.98, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2017 Supplement, section 3.8853, subdivision 1, is amended
to read:
Subdivision 1.
Establishment; duties.
The Legislative Budget Office is established
deleted text begin under control of the Legislative Coordinating Commissiondeleted text end to provide the house of
representatives and senate with nonpartisan, accurate, and timely information on the fiscal
impact of proposed legislation, without regard to political factors.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 2.
Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Oversight commission. new text end
new text begin
(a) The Legislative Budget Office Oversight
Commission is established. The commission consists of:
new text end
new text begin
(1) two members of the senate appointed by the Subcommittee on Committees of the
Committee on Rules and Administration;
new text end
new text begin
(2) two members of the senate appointed by the senate minority leader;
new text end
new text begin
(3) two members of the house of representatives appointed by the speaker of the house;
and
new text end
new text begin
(4) two members of the house of representatives appointed by the minority leader.
new text end
new text begin
The director of the Legislative Budget Office is the executive secretary of the commission.
The chief nonpartisan fiscal analyst of the house of representatives, the lead nonpartisan
fiscal analyst of the senate, the state budget director, and the legislative auditor are ex-officio,
nonvoting members of the commission.
new text end
new text begin
(b) Members serve at the pleasure of the appointing authority, or until they are not
members of the legislative body from which they were appointed. Appointing authorities
shall fill vacancies on the commission within 30 days of a vacancy being created.
new text end
new text begin
(c) The commission shall meet in January of each odd-numbered year to elect its chair
and vice-chair. They shall serve until successors are elected. The chair and vice-chair shall
alternate biennially between the senate and the house of representatives. The commission
shall meet at the call of the chair. The members shall serve without compensation but may
be reimbursed for their reasonable expenses consistent with the rules of the legislature
governing expense reimbursement.
new text end
new text begin
(d) The commission shall review the work of the Legislative Budget Office and make
recommendations, as the commission determines necessary, to improve the office's ability
to fulfill its duties, and shall perform other functions as directed by this section.
new text end
new text begin EFFECTIVE DATE; FIRST MEETING. new text end
new text begin
This section is effective the day following
final enactment. Appointments to the oversight commission must be made no later than
June 15, 2018. The chair of the Legislative Coordinating Commission must designate one
appointee to convene the commission's first meeting. The designated appointee must convene
the first meeting no later than July 1, 2018.
new text end
Sec. 3.
Minnesota Statutes 2017 Supplement, section 3.8853, subdivision 2, is amended
to read:
Subd. 2.
Staff.
The deleted text begin Legislative Coordinating Commissiondeleted text end new text begin Legislative Budget Office
Oversight Commissionnew text end must appoint a director deleted text begin whodeleted text end new text begin and establish the director's duties. The
director new text end may hire staff necessary to do the work of the office. The director servesnew text begin in the
unclassified service fornew text end a term of six years and may not be removed during a term except
for causenew text begin after a public hearingnew text end .new text begin The director of the office is a public official for purposes
of sections 10A.07 to 10A.09.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 4.
Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin Standards and guidelines. new text end
new text begin
The Legislative Budget Office must adopt uniform
standards, guidelines, and procedures governing the timely preparation of fiscal notes as
required by this section and section 3.98. The standards, guidelines, and procedures are not
effective until they are approved by the oversight commission. Upon approval, the standards
and guidelines must be published in the State Register and on the office's Web site.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 8, 2019, provided that the uniform
procedures to be used may be developed and adopted by the oversight commission prior to
the effective date of this section.
new text end
Sec. 5.
Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin Access to data. new text end
new text begin
(a) 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 promptly supply any data that, in the
director's judgment, is relevant to legislation that is the subject of a fiscal note prepared by
the department or agency.
new text end
new text begin
(b) To the extent that data supplied to the Legislative Budget Office are classified as not
public under chapter 13 or other applicable law, the Legislative Budget Office must maintain
and administer the data in the same manner as required of a government entity subject to
that classification. Not public data supplied under this subdivision may only be used by the
Legislative Budget Office to review a department or agency's work in preparing a fiscal
note and may not be used or disseminated for any other purpose, including use by or
dissemination to a legislator or to any officer, department, agency, or committee within the
legislative branch. Violation of this paragraph by the director or other staff of the Legislative
Budget Office is cause for removal, suspension without pay, or immediate dismissal at the
direction of the oversight commission.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 8, 2019.
new text end
Sec. 6.
Minnesota Statutes 2017 Supplement, 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 deleted text begin cooperatedeleted text end new text begin ,
in consultationnew text end with the Legislative Budget Office deleted text begin and the Legislative Budget Office mustdeleted text end new text begin
and consistent with the standards, guidelines, and procedures adopted under section 3.8853,new text end
prepare a fiscal note 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 Finance.
deleted text begin
(b) Upon request of the Legislative Budget Office, the head or chief administrative
officer of each department or agency of state government, including the Supreme Court,
must promptly supply all information necessary for the Legislative Budget Office to prepare
an accurate and timely fiscal note.
deleted text end
deleted text begin
(c) The Legislative Budget Office may adopt standards and guidelines governing timing
of responses to requests for information and governing access to data, consistent with laws
governing access to data. Agencies must comply with these standards and guidelines and
the Legislative Budget Office must publish them on the office's Web site.
deleted text end
deleted text begin (d)deleted text end new text begin (b)new text end 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 8, 2019.
new text end
Sec. 7.
Minnesota Statutes 2016, section 10A.01, subdivision 35, is amended to read:
Subd. 35.
Public official.
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative auditor,
new text begin director of the Legislative Budget Office, new text end chief clerk of the house of representatives, revisor
of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of
Senate Counsel, Research, and Fiscal Analysis, House Research, or the House Fiscal Analysis
Department;
(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a state
board or commission that has either the power to adopt, amend, or repeal rules under chapter
14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend, or
repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of Administrative
Hearings or unemployment law judge in the Department of Employment and Economic
Development;
(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling Enforcement in the Department
of Public Safety;
(15) member or executive director of the Higher Education Facilities Authority;
(16) member of the board of directors or president of Enterprise Minnesota, Inc.;
(17) member of the board of directors or executive director of the Minnesota State High
School League;
(18) member of the Minnesota Ballpark Authority established in section 473.755;
(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
(20) manager of a watershed district, or member of a watershed management organization
as defined under section 103B.205, subdivision 13;
(21) supervisor of a soil and water conservation district;
(22) director of Explore Minnesota Tourism;
(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section
97A.056;
(24) citizen member of the Clean Water Council established in section 114D.30;
(25) member or chief executive of the Minnesota Sports Facilities Authority established
in section 473J.07;
(26) district court judge, appeals court judge, or Supreme Court justice;
(27) county commissioner;
(28) member of the Greater Minnesota Regional Parks and Trails Commission; or
(29) member of the Destination Medical Center Corporation established in section
469.41.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 8.
Minnesota Statutes 2016, section 13.64, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Fiscal note data must be shared with Legislative Budget Office. new text end
new text begin
A
government entity must provide any data, regardless of its classification, to the director of
the Legislative Budget Office for review, upon the director's request and consistent with
section 3.8853, subdivision 4. The data must be supplied according to any standards,
guidelines, or procedures adopted under section 3.8853, subdivision 3, including any
standards or 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.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 8, 2019.
new text end
Sec. 9.
Minnesota Statutes 2017 Supplement, section 477A.03, subdivision 2b, is amended
to read:
Subd. 2b.
Counties.
(a) For aids payable in 2018 through 2024, the total aid payable
under section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be
allocated as required under Laws 2014, chapter 150, article 4, section 6. For aids payable
in 2025 and thereafter, the total aid payable under section 477A.0124, subdivision 3, is
$100,795,000. Each calendar year, $500,000 of this appropriation shall be retained by the
commissioner of revenue to make reimbursements to the commissioner of management and
budget for payments made under section 611.27. The reimbursements shall be to defray the
additional costs associated with court-ordered counsel under section 611.27. Any retained
amounts not used for reimbursement in a year shall be included in the next distribution of
county need aid that is certified to the county auditors for the purpose of property tax
reduction for the next taxes payable year.
(b) For aids payable in 2018 and thereafter, the total aid under section 477A.0124,
subdivision 4, is $130,873,444. The commissioner of revenue shall transfer deleted text begin to the
commissioner of management and budgetdeleted text end $207,000 annually for the cost of preparation of
local impact notes as required by section 3.987, deleted text begin and other local government activitiesdeleted text end new text begin to the
Legislative Coordinating Commission for use by the Legislative Budget Officenew text end .
The commissioner of revenue shall transfer to the commissioner of education $7,000
annually for the cost of preparation of local impact notes for school districts as required by
section 3.987. The commissioner of revenue shall deduct the amounts transferred under this
paragraph from the appropriation under this paragraph. The amounts transferred are
appropriated to the commissioner of management and budget and the commissioner of
education respectively.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 8, 2019.
new text end
Sec. 10.
Laws 2017, First Special Session chapter 4, article 2, section 1, the effective date,
is amended to read:
EFFECTIVE DATE.
This section is effective deleted text begin January 8, 2019deleted text end new text begin July 1, 2018new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 11.
Laws 2017, First Special Session chapter 4, article 2, section 3, the effective date,
is amended to read:
EFFECTIVE DATE.
new text begin Except where otherwise provided by law, new text end this section is effective
deleted text begin January 8, 2019deleted text end new text begin July 1, 2018new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 12.
Laws 2017, First Special Session chapter 4, article 2, section 58, the effective
date, is amended to read:
EFFECTIVE DATE.
This section is effective deleted text begin January 8, 2019.deleted text end new text begin July 1, 2018. The
contract required under this section must be executed no later than November 1, 2018, and
must provide for transfer of operational control of the fiscal note tracking system to the
Legislative Budget Office effective December 15, 2018.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018.
new text end
Sec. 13. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2017 Supplement, section 3.98, subdivision 4,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 8, 2019.
new text end
APPENDIX
Repealed Minnesota Statutes: 18-7118
3.98 FISCAL NOTES.
Subd. 4.
Uniform procedure.
The Legislative Budget Office shall prescribe a uniform procedure to govern the departments and agencies of the state in complying with the requirements of this section.