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Minnesota Legislature

Office of the Revisor of Statutes

SF 1968

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2019 09:01am

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

Current Version - as introduced

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A bill for an act
relating to state government; eliminating the Legislative Budget Office;repealing
Minnesota Statutes 2018, sections 3.8853; 3.8854; Laws 2017, First Special Session
chapter 4, article 2, sections 1, as amended; 3, as amended; 7; 8; 9, as amended;
58, as amended; Laws 2018, chapter 214, article 5, sections 1; 2; 3; 4; 5; 6; 7; 8;
9; 10; 11; 12; 13; 14; 15.

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

Section 1. new text beginLEGISLATIVE BUDGET OFFICE ELIMINATED.
new text end

new text begin All operations of the Legislative Budget Office established in Minnesota Statutes, section
3.8853, and the Legislative Budget Office Oversight Commission established in Minnesota
Statutes, section 3.8854, must be ended no later than July 1, 2019. Notwithstanding any
laws in effect at the time of their appointment, the term of employment of all Legislative
Budget Office employees is terminated effective July 1, 2019. The house of representatives,
senate, and Legislative Coordinating Commission must offer reasonable opportunities for
comparable employment in other offices of the legislature to employees whose positions
are terminated by this section, to the extent practical.
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

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 3.8853; and 3.8854, new text end new text begin and new text end

new text begin Laws 2017, First Special
Session chapter 4, article 2, sections 1, as amended by Laws 2018, chapter 214, article 5,
section 10; 3, as amended by Laws 2018, chapter 214, article 5, section 11; 7; 8; 9, as
amended by Laws 2018, chapter 214, article 5, section 12; and 58, as amended by Laws
2018, chapter 214, article 5, section 13; and Laws 2018, chapter 214, article 5, sections 1;
2; 3; 4; 5; 6; 7; 8; 9; 10; 11; 12; 13; 14; and 15,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-1431

3.8853 LEGISLATIVE BUDGET OFFICE.

Subdivision 1.

Establishment; duties.

The Legislative Budget Office is established 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.

Subd. 2.

Director; staff.

The Legislative Budget Office Oversight Commission must appoint a director and establish the director's duties. The director may hire staff necessary to do the work of the office. The director serves in the unclassified service for a term of six years and may not be removed during a term except for cause after a public hearing.

Subd. 3.

Uniform standards and procedures.

The director of the Legislative Budget Office must adopt uniform standards and procedures governing the timely preparation of fiscal notes as required by this section and section 3.98. The standards and procedures are not effective until they are approved by the Legislative Budget Office Oversight Commission. Upon approval, the standards and procedures must be published in the State Register and on the office's website.

Subd. 4.

Access to data; treatment.

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 data that are used to prepare a fiscal note, including data that are not public data under section 13.64 or other applicable law, unless there are federal laws or regulations that prohibit the provision of the not public data for this purpose. 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 subdivision 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.

Subd. 5.

Fiscal note delivery and posting.

The director of the Legislative Budget Office must deliver a completed fiscal note to the legislative committee chair who made the request, and to the chief author of the legislation to which it relates. Within 24 hours of completion of a fiscal note, the director of the Legislative Budget Office must post a completed fiscal note on the office's public website. This subdivision does not apply to an unofficial fiscal note that is not public data under section 13.64, subdivision 3.

3.8854 LEGISLATIVE BUDGET OFFICE OVERSIGHT COMMISSION.

(a) The Legislative Budget Office Oversight Commission consists of:

(1) two members of the senate appointed by the senate majority leader;

(2) two members of the senate appointed by the senate minority leader;

(3) two members of the house of representatives appointed by the speaker of the house; and

(4) two members of the house of representatives appointed by the minority leader.

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 commissioner of management and budget or a designee, and the legislative auditor are ex-officio, nonvoting members of the commission.

(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.

(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.

(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, and sections 3.8853 and 3.98.

Repealed Minnesota Session Laws: 19-1431

Laws 2017, First Special Session chapter 4, article 2, section 1, as amended by Laws 2018, chapter 214, article 5, section 10

EFFECTIVE DATE.

This section is effective July 1, 2018.

Laws 2017, First Special Session chapter 4, article 2, section 3, as amended by Laws 2018, chapter 214, article 5, section 11

EFFECTIVE DATE.

This section is effective July 1, 2018.

Laws 2017, First Special Session chapter 4, article 2, section 58, as amended by Laws 2018, chapter 214, article 5, section 13

EFFECTIVE DATE.

This section is effective July 1, 2018.

Laws 2017, First Special Session chapter 4, article 2, section 7

Sec. 7.

Minnesota Statutes 2016, section 3.98, subdivision 1, is amended to read:


Subdivision 1.

Preparationnew text begin; dutiesnew text end.

new text begin(a) new text endThe head or chief administrative officer of each department or agency of the state government, including the Supreme Court, shallnew text begin cooperate with the Legislative Budget Office and the Legislative Budget Office mustnew 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.

new 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. new text end

new 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. new text end

new text begin(d) new text endFor 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

Laws 2017, First Special Session chapter 4, article 2, section 8

Sec. 8.

Minnesota Statutes 2016, section 3.98, subdivision 4, is amended to read:


Subd. 4.

Uniform procedure.

The deleted text begincommissioner of management and budgetdeleted text endnew text begin Legislative Budget Officenew text end shall prescribe a uniform procedure to govern the departments and agencies of the state in complying with the requirements of this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 8, 2019. new text end

Laws 2017, First Special Session chapter 4, article 2, section 9, as amended by Laws 2018, chapter 214, article 5, section 12

EFFECTIVE DATE.

This section is effective July 1, 2018.

Laws 2018, chapter 214, article 5, section 1

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 beginunder 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

Laws 2018, chapter 214, article 5, section 10

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 beginJanuary 8, 2019deleted text endnew 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

Laws 2018, chapter 214, article 5, section 11

Sec. 11.

Laws 2017, First Special Session chapter 4, article 2, section 3, the effective date, is amended to read:


EFFECTIVE DATE.

new text beginExcept where otherwise provided by law, new text endthis section is effective deleted text beginJanuary 8, 2019deleted text endnew 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

Laws 2018, chapter 214, article 5, section 12

Sec. 12.

Laws 2017, First Special Session chapter 4, article 2, section 9, the effective date, is amended to read:


EFFECTIVE DATE.

This section is effective deleted text beginJanuary 8, 2019deleted text endnew text begin September 1, 2019new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018. new text end

Laws 2018, chapter 214, article 5, section 13

Sec. 13.

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 beginJanuary 8, 2019.deleted text endnew text begin September 1, 2019. The contract required under this section must be approved by the Legislative Budget Office Oversight Commission and 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 September 1, 2019.new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018. new text end

Laws 2018, chapter 214, article 5, section 14

Sec. 14. new text beginLEGISLATIVE BUDGET OFFICE OVERSIGHT COMMISSION; FIRST APPOINTMENTS; FIRST CHAIR; FIRST MEETING.new text end

new text begin Appointments to the Legislative Budget Office Oversight Commission under Minnesota Statutes, section 3.8854, must be made by July 1, 2018. The chair of the Legislative Coordinating Commission must designate one appointee to convene the commission's first meeting and serve as its chair until a chair is elected by the commission as provided in Minnesota Statutes, section 3.8854. The designated appointee must convene the first meeting no later than July 15, 2018. new text end

Laws 2018, chapter 214, article 5, section 15

Sec. 15. new text beginLEGISLATIVE BUDGET OFFICE DIRECTOR ORIENTATION AND TRAINING.new text end

new text begin Before September 1, 2019, the commissioner of management and budget shall provide orientation and training to the director of the Legislative Budget Office and any staff of the Legislative Budget Office designated by the director on the use of the fiscal note system. The commissioner of management and budget must provide opportunities to the director of the Legislative Budget Office and staff designated by the director of the Legislative Budget Office to learn from the Department of Management and Budget's work on fiscal note requests during the 2019 regular legislative session to facilitate the transfer of duties required by this act. new text end

Laws 2018, chapter 214, article 5, section 2

Sec. 2.

Minnesota Statutes 2017 Supplement, section 3.8853, subdivision 2, is amended to read:


Subd. 2.

new text beginDirector; new text endstaff.

The deleted text beginLegislative Coordinating Commissiondeleted text endnew text begin Legislative Budget Office Oversight Commissionnew text end must appoint a director deleted text beginwhodeleted text end new text beginand establish the director's duties. The director new text endmay 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 EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018. new text end

Laws 2018, chapter 214, article 5, section 3

Sec. 3.

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 Uniform standards and procedures. new text end

new text begin The director of the Legislative Budget Office must adopt uniform standards and procedures governing the timely preparation of fiscal notes as required by this section and section 3.98. The standards and procedures are not effective until they are approved by the Legislative Budget Office Oversight Commission. Upon approval, the standards and procedures 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 September 1, 2019, except that the uniform standards and procedures to be used may be developed and adopted by the oversight commission prior to the effective date of this section. new text end

Laws 2018, chapter 214, article 5, section 4

Sec. 4.

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; treatment. new text end

new text begin 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 data that are used to prepare a fiscal note, including data that are not public data under section 13.64 or other applicable law, unless there are federal laws or regulations that prohibit the provision of the not public data for this purpose. 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 subdivision 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 September 1, 2019. new text end

Laws 2018, chapter 214, article 5, section 5

Sec. 5.

Minnesota Statutes 2017 Supplement, section 3.8853, is amended by adding a subdivision to read:


new text begin Subd. 5. new text end

new text begin Fiscal note delivery and posting. new text end

new text begin The director of the Legislative Budget Office must deliver a completed fiscal note to the legislative committee chair who made the request, and to the chief author of the legislation to which it relates. Within 24 hours of completion of a fiscal note, the director of the Legislative Budget Office must post a completed fiscal note on the office's public Web site. This subdivision does not apply to an unofficial fiscal note that is not public data under section 13.64, subdivision 3. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2019. new text end

Laws 2018, chapter 214, article 5, section 6

Sec. 6.

new text begin [3.8854] LEGISLATIVE BUDGET OFFICE OVERSIGHT COMMISSION. new text end

new text begin (a) The Legislative Budget Office Oversight Commission consists of: new text end

new text begin (1) two members of the senate appointed by the senate majority leader; 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 commissioner of management and budget or a designee, 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, and sections 3.8853 and 3.98. new text end

Laws 2018, chapter 214, article 5, section 7

Sec. 7.

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 begincooperate with the Legislative Budget Office and the Legislative Budget Office mustdeleted text end prepare a fiscal note new text beginconsistent with the standards and procedures adopted under section 3.8853,new text end 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 endnew 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 September 1, 2019. new text end

Laws 2018, chapter 214, article 5, section 8

Sec. 8.

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 begindirector of the Legislative Budget Office, new text endchief 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

Laws 2018, chapter 214, article 5, section 9

Sec. 9.

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 head or chief administrative officer of a department or agency of the state government, including the Supreme Court, must provide data that are used to prepare a fiscal note, including data that are not public data under this section to the director of the Legislative Budget Office upon the director's request and consistent with section 3.8853, subdivision 4, unless there are federal laws or regulations that prohibit the provision of the not public data for this purpose. The data must be supplied according to any standards and procedures adopted under section 3.8853, subdivision 3, including any standards and 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 September 1, 2019. new text end