SF 1297

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

A bill for an act
relating to state government; clarifying oversight responsibilities for the
commissioner of finance; establishing the management analysis revolving fund;
appropriating money; amending Minnesota Statutes 2008, sections 13.64;
16A.055, by adding a subdivision; 16A.126, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 43A.

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

Section 1.

Minnesota Statutes 2008, section 13.64, is amended to read:

13.64 DEPARTMENT OF deleted text begin ADMINISTRATION deleted text end new text begin FINANCE new text end new text begin new text end DATA.

(a) Notes and preliminary drafts of reports created, collected, or maintained by the
Management Analysis Division, Department of deleted text begin Administration deleted text end new text begin Finance new text end , and prepared
during management studies, audits, reviews, consultations, or investigations are classified
as confidential or protected nonpublic data until the final report has been published or
preparation of the report is no longer being actively pursued.

(b) Data that support the conclusions of the report and that the commissioner of
deleted text begin administration deleted text end new text begin finance new text end reasonably believes will result in litigation are confidential or
protected nonpublic until the litigation has been completed or until the litigation is no
longer being actively pursued.

(c) Data on individuals that could reasonably be used to determine the identity of an
individual supplying data for a report are private if:

(1) the data supplied by the individual were needed for a report; and

(2) the data would not have been provided to the Management Analysis Division
without an assurance to the individual that the individual's identity would remain private,
or the Management Analysis Division reasonably believes that the individual would not
have provided the data.

Sec. 2.

Minnesota Statutes 2008, section 16A.055, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Additional duties. new text end

new text begin The commissioner may assist state agencies by
providing analytical, statistical, and organizational development services to state agencies
in order to assist the agency to achieve the agency's mission and to operate efficiently
and effectively.
new text end

Sec. 3.

Minnesota Statutes 2008, section 16A.126, subdivision 1, is amended to read:

Subdivision 1.

Set rates.

The commissioner shall approve the rates an agency must
pay to a revolving fund for services. new text begin Funds subject to this subdivision include, but are
not limited to, the revolving funds established in sections 4A.05; 14.46; 14.53; 16B.48;
16B.54; 16B.58; 16B.85; 16C.03, subdivision 11; 16E.14; 43A.55; and 176.591; and the
fund established in section 43A.30.
new text end

Sec. 4.

new text begin [43A.55] MANAGEMENT ANALYSIS REVOLVING FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The management analysis revolving fund is created in the
state treasury.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation and use of funds. new text end

new text begin Money in the management analysis
revolving fund is appropriated annually to the commissioner to provide analytical,
statistical, and organizational development services to state agencies, local units of
government, metropolitan and regional agencies, school districts, and other public entities
in the state.
new text end

new text begin Subd. 3. new text end

new text begin Reimbursements. new text end

new text begin Except as specifically provided otherwise, each agency
shall reimburse the management analysis revolving fund for the cost of all services,
supplies, materials, labor and depreciation of equipment, including reasonable overhead
costs, which the commissioner is authorized and directed to furnish an agency. The
commissioner shall report the rates to be charged for the revolving fund no later than July
1 of each year to the chair of the committee or division of the senate or the house of
representatives with primary jurisdiction over the budget of the Department of Finance.
new text end

new text begin Subd. 4. new text end

new text begin Cash flow. new text end

new text begin The commissioner may make appropriate transfers to the
revolving fund according to section 16A.126. The commissioner may make allotment
and encumbrances in anticipation of these transfers. In addition, the commissioner may
require an agency to make advance payments to the revolving fund sufficient to cover
the office's estimated obligation for a period of at least 60 days. All reimbursements
and other money received by the commissioner under this section must be deposited in
the management analysis revolving fund.
new text end

new text begin Subd. 5. new text end

new text begin Liquidation. new text end

new text begin If the management analysis revolving fund is abolished or
liquidated, the total net profit from the operation of the fund must be distributed to the
various funds from which purchases were made. For a given period of time, the amount of
total net profit to be distributed to each fund shall reflect the same ratio of total purchases
attributable to each fund divided by the total purchases from all funds.
new text end