SF 1455

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:47am

A bill for an act
relating to state government; making provisions in the event of a government
shutdown; proposing coding for new law in Minnesota Statutes, chapter 16A.

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

Section 1.

new text begin [16A.89] CONTINGENCY PLANS IN EVENT OF GOVERNMENT
SHUTDOWN.
new text end

new text begin Subdivision 1. new text end

new text begin Government shutdown. new text end

new text begin (a) A government shutdown is a period
on and after July 1of an odd numbered year, in which one or more of the bills making
appropriations for the following areas have not been enacted: higher education, education,
agriculture, environment and natural resources, health and human services, state
government, jobs and economic development, transportation, judiciary, public safety, and
aids and credits to local government. This section does not require appropriations bills to
be organized in the manner specified in this section.
new text end

new text begin (b) Any money accumulated during a government shutdown must be allocated first
to the budget reserve account in the amount specified in Minnesota Statutes, section
16A.152, subdivision 2, paragraph (a), clause (2), and then to the "K-12 shift" under
Minnesota Statutes, section 16A.152, subdivision 2, paragraph (a), clauses (3) and (4).
new text end

new text begin Subd. 2. new text end

new text begin Employees; benefits. new text end

new text begin (a) In the event of a government shutdown during
fiscal years ending June 30, public employees may use accrued vacation leave. Public
employees may also use accrued sick leave.
new text end

new text begin (b) Employees furloughed during a period of government shutdown who have
exhausted vacation and sick leave shall not receive pay during the furloughed time when
they return to active employment status.
new text end

new text begin (c) Employee health insurance benefits for furloughed employees continue during a
period of lapsed appropriations lasting less than 365 days. Group life insurance continues
for up to 12 consecutive months while in a nonpay status without cost to the employee.
new text end

new text begin Subd. 3. new text end

new text begin Continuation of government services. new text end

new text begin (a) State agencies shall continue
activities otherwise authorized by law that protect life, safety, and property and those
activities necessary to begin phase-down of other activities. Specifically, state agencies
shall:
new text end

new text begin (1) provide for state security and the safety of life and property;
new text end

new text begin (2) provide for benefit payments required under federal law and the performance
of contract obligations;
new text end

new text begin (3) conduct those activities that are essential to protecting life and property including:
new text end

new text begin (i) medical care of inpatients;
new text end

new text begin (ii) emergency outpatient care;
new text end

new text begin (iii) child welfare;
new text end

new text begin (iv) safe use of food and drugs;
new text end

new text begin (v) safe use of hazardous material;
new text end

new text begin (vi) continuing transportation safety functions;
new text end

new text begin (vii) protection of transportation property;
new text end

new text begin (viii) protection of state lands, buildings, waterways, equipment and other property
owned by the state;
new text end

new text begin (ix) care of prisoners and other persons in the custody of the state;
new text end

new text begin (x) law enforcement and criminal investigations;
new text end

new text begin (xi) emergency and disaster assistance;
new text end

new text begin (xii) activities essential to preserving tax collections; and
new text end

new text begin (xiii) court-mandated activities and appearances as determined by the Chief Justice.
new text end

new text begin (b) Staff must be maintained to ensure continuation of the essential functions
in this subdivision.
new text end

new text begin (c) The time within which any action must be taken by a member of the public
or by any state offices or agency, including but not limited to rejection, approval, or
denial of filing or other applications required under law in connection with the filing
of any document or the transaction of any business by or with the state or its agencies,
departments, divisions, commissions, or boards shall be tolled by each day on which state
offices are closed for regular business. This paragraph does not apply to the payment of
any fees or taxes due and owing to the state or payments to the state under any contractual
agreements.
new text end

new text begin (d) Each department or agency head shall provide for the orderly shutdown of all
services and functions funded through an appropriations bill and not deemed essential
under the criteria in paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Department of Management and Budget. new text end

new text begin (a) The commissioner shall
take all actions necessary to prevent the state from defaulting on any of its general
obligation bonds, including the payment of principal and interest in the state treasury, and
shall take all actions that are essential to protect the state's funds and investments.
new text end

new text begin (b) The commissioner is authorized to obligate funds for the purpose of paying employees
who have been designated by agency or department heads as essential employees or who
are necessary to implement the orderly shutdown of programs and functions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end