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Minnesota Legislature

Office of the Revisor of Statutes

SF 1359

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 03:18pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to state government; assigning new duties to the Legislative Commission
on Planning and Fiscal Policy; transferring duties from executive agencies;
appropriating money;amending Minnesota Statutes 2010, sections 3.885; 3.98.

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

Section 1.

Minnesota Statutes 2010, section 3.885, is amended to read:


3.885 LEGISLATIVE COMMISSION ON PLANNING AND FISCAL
POLICY.

Subdivision 1.

Membership.

The Legislative Commission on Planning and Fiscal
Policy consists of deleted text beginninedeleted text endnew text begin threenew text end members of the senate appointed by the Subcommittee on
Committees of the Committee on Rules and Administration deleted text beginand ninedeleted text endnew text begin, three members
of the senate appointed by the senate minority leader, three
new text end members of the house
of representatives appointed by the speakernew text begin, and three members of the house of
representatives appointed by the house of representatives minority leader
new text end. Vacancies on
the commission are filled in the same manner as original appointments. The commission
shall elect a chair and a vice-chair from among its members. The chair alternates between
a member of the senate and a member of the house of representatives in January of each
odd-numbered year.

Subd. 2.

Compensation.

Members of the commission are compensated as provided
by section 3.101.

Subd. 4.

Agencies to cooperate.

All departments, agencies, and education
institutions of the executive and judicial branches must comply with a request of the
commission new text beginor its staff new text endfor information, data, estimates, new text beginanalysis, new text endand statisticsnew text begin: (1)new text end on
the funding revenue operations, and other affairs of the department, agency, or education
institutionnew text begin; and (2) to assist the commission in its duties to prepare fiscal notes, review
revenue estimates, review local government impact notes, and prepare state revenue
and expenditure forecasts
new text end. The commissioner of management and budget and the
commissioner of revenue shall provide the commission with full and free access to
information, data, estimates, and statistics in the possession of the Management and
Budget and Revenue Departments on the state budget, revenue, expenditures, and tax
expenditures.

Subd. 5.

Duties.

(a) The commission shall:

(1) provide the legislature with research and analysis of current and projected state
revenue, state expenditures, and state tax expenditures;

(2) provide the legislature with a report analyzing the governor's proposed levels of
revenue and expenditures for biennial budgets submitted under section 16A.11 as well as
other supplemental budget submittals to the legislature by the governor;

(3) provide an analysis of the impact of the governor's proposed revenue and
expenditure plans for the next biennium;

(4) conduct research on matters of economic and fiscal policy and report to the
legislature on the result of the research;

(5) provide economic reports and studies on the state of the state's economy,
including trends and forecasts for consideration by the legislature;

(6) conduct budget and tax studies and provide general fiscal and budgetary
information;

(7) review and make recommendations on the operation of state programs in order
to appraise the implementation of state laws regarding the expenditure of funds and to
recommend means of improving their efficiency;

(8) recommend to the legislature changes in the mix of revenue sources for programs,
in the percentage of state expenditures devoted to major programs, and in the role of the
legislature in overseeing state government expenditures and revenue projections;

(9) make a continuing study and investigation of the building needs of the
government of the state of Minnesota, including, but not limited to the following: the
current and future requirements of new buildings, the maintenance of existing buildings,
rehabilitating and remodeling of old buildings, the planning for administrative offices, and
the exploring of methods of financing building and related costs; and

(10) conduct a continuing study of state-local finance, analyzing and making
recommendations to the legislature on issues including levels of state support for
political subdivisions, basic levels of local need, balances of local revenues and options,
relationship of local taxes to individuals' ability to pay, and financial reporting by political
subdivisions. In conducting this study, the commission shall consult with the governor,
the staff of executive branch agencies, and the governor's Advisory Commission on
State-Local Relations.

(b) In performing its duties under paragraph (a), the commission shall consider,
among other things:

(1) the relative dependence on state tax revenues, federal funds, and user fees
to support state-funded programs, and whether the existing mix of revenue sources is
appropriate, given the purposes of the programs;

(2) the relative percentages of state expenditures that are devoted to major programs
such as education, assistance to local government, aid to individuals, state agencies and
institutions, and debt service; and

(3) the role of the legislature in overseeing state government expenditures, including
legislative appropriation of money from the general fund, legislative appropriation of
money from funds other than the general fund, state agency receipt of money into
revolving and other dedicated funds and expenditure of money from these funds, and
state agency expenditure of federal funds.

(c) The commission's recommendations must consider the long-term needs of the
state. The recommendations must not duplicate work done by standing committees of
the senate and house of representatives.

new text begin (d) The commission shall:
new text end

new text begin (1) prepare fiscal notes on pending legislation;
new text end

new text begin (2) review revenue estimates prepared under section 270C.11, subdivision 5, on
pending legislation;
new text end

new text begin (3) review local government impact notes prepared under section 3.987; and
new text end

new text begin (4) prepare a forecast of state revenues and expenditures.
new text end

new text begin (e) new text endThe commission shall report to the legislature on its activities and
recommendations by January 15 of each odd-numbered year.

new text begin (f) new text endThe commission shall provide the public with printed and electronic copies of
reports and information for the legislature. Copies must be provided at the actual cost
of furnishing each copy.

new text begin Subd. 5a. new text end

new text begin Staff; contracts for service. new text end

new text begin The commission must hire an executive
director. The executive director may employ other staff. The commission may delegate
duties to its staff. The house of representatives and the senate may transfer employees to
the commission or may assign employees to do work for the commission. The commission
may enter into contracts for data or services necessary to perform the commission's duties.
new text end

new text begin Subd. 5b. new text end

new text begin Advisory group. new text end

new text begin The commission may appoint a council of unpaid
outside experts to assist and advise the council in its work. The commission may seek
assistance and advice from a group of experts created in the executive branch.
new text end

Subd. 10.

Subcommittee on Government Accountability.

The commission must
form a Subcommittee on Government Accountability under section 3.3056 to review
recommendations from the commissioner of management and budget under section
16A.10, subdivision 1c, and to review recommendations from the commissioners of
management and budget and administration on how to improve the use of Minnesota
Milestones and other statewide goals and indicators in state planning and budget
documents. The subcommittee shall consider testimony from representatives from
the following organizations and agencies: (1) nonprofit organizations involved in the
preparation of Minnesota Milestones; (2) the University of Minnesota and other higher
education institutions; (3) the Department of Management and Budget and other state
agencies; and (4) other legislators. The subcommittee shall report to the commission by
February 1 of each odd-numbered year with long-range recommendations for the further
implementation and uses of Minnesota Milestones and other government accountability
improvements.

Sec. 2.

Minnesota Statutes 2010, section 3.98, is amended to read:


3.98 FISCAL NOTES.

Subdivision 1.

Preparation.

The deleted text beginhead or chief administrative officer of each
department or agency of the state government, including the Supreme Court,
deleted text endnew text begin Legislative
Commission on Planning and Fiscal Policy
new text end shall 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.new text begin The head or chief administrative officer of each department or agency of
the state government, including the Supreme Court, shall supply drafts of fiscal notes
or information for fiscal notes upon request of the executive director of the Legislative
Commission on Planning and Fiscal Policy.
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.

Subd. 2.

Contents.

(a) The fiscal note, where possible, shall:

(1) cite the effect in dollar amounts;

(2) cite the statutory provisions affected;

(3) estimate the increase or decrease in revenues or expenditures;

(4) include the costs which may be absorbed without additional funds;

(5) include the assumptions used in determining the cost estimates; and

(6) specify any long-range implication.

(b) The fiscal note may comment on technical or mechanical defects in the bill but
shall express no opinions concerning the merits of the proposal.

Subd. 3.

Distribution.

A copy of the fiscal note shall be delivered to the chair of
the Ways and Means Committee of the house of representatives, the chair of the Finance
Committee of the senate, the chair of the standing committee to which the bill has been
referred, to the chief author of the bill and to the commissioner of management and budget.

Subd. 4.

Uniform procedure.

The deleted text begincommissioner of management and budgetdeleted text endnew text begin
Legislative Commission on Planning and Fiscal Policy
new text end shall prescribe a uniform procedure
to govern the departments and agencies of the state in complying with the requirements
of this section.

Sec. 3. new text beginAPPROPRIATION.
new text end

new text begin $....... for the fiscal year ending June 30, 2012, and $....... for the fiscal year ending
June 30, 2013, are appropriated from the general fund to the Legislative Coordinating
Commission for purposes of the Legislative Commission on Planning and Fiscal Policy.
The appropriations from the general fund to the Department of Management and Budget
are reduced by $....... for the fiscal year ending June 30, 2012, and $....... for the fiscal
year ending June 30, 2013.
new text end

Sec. 4. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective July 1, 2011, except that the duty to prepare fiscal
notes is effective February 1, 2012, and the duty to prepare forecasts of state revenues
and expenditures is effective July 1, 2012.
new text end