Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 139-H.F.No. 390 
           An act relating to appropriations; requiring 
          recommendations of the legislative advisory commission 
          to be made at a meeting of the commission except in 
          certain circumstances; amending Minnesota Statutes 
          1988, section 3.30, subdivisions 1 and 2.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 3.30, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPROPRIATION; TRANSFERS.] A general 
contingent appropriation for each year of the biennium is 
authorized in the amount the legislature deems sufficient.  
Additional special contingent appropriations as the legislature 
deems necessary are authorized.  Transfers from the 
appropriations to the appropriations of the various departments 
and agencies may be made by the commissioner of finance subject 
to the following provisions: 
    (a) Transfers may be authorized by the commissioner of 
finance not exceeding $5,000 for the same purpose for any 
quarterly period. 
    (b) Transfers exceeding $5,000 but not exceeding $10,000 
may be authorized by the commissioner of finance with the 
approval of the governor. 
    (c) Transfers exceeding $10,000 may be authorized by the 
governor but no transfer exceeding $10,000 may be made until the 
governor has consulted the legislative advisory commission and 
it has made its recommendation on the transfer.  Its 
recommendation is advisory only.  Failure or refusal of the 
commission to make a recommendation promptly is a negative 
recommendation.  
    The commissioner of finance shall return to the appropriate 
contingent account any funds transferred under this subdivision 
that the commissioner determines are not needed. 
    Sec. 2.  Minnesota Statutes 1988, section 3.30, subdivision 
2, is amended to read: 
    Subd. 2.  [MEMBERS; DUTIES.] The majority leader of the 
senate or a designee, the chair of the senate committee on 
finance, and the chair of the senate division of finance 
responsible for overseeing the items being considered by the 
commission, the speaker of the house of representatives or a 
designee, the chair of the house committee on appropriations, 
and the chair of the division of the house appropriations 
committee responsible for overseeing the items being considered 
by the commissioner constitute the legislative advisory 
commission.  The division chair of the finance committee in the 
senate and the division chair of the appropriations committee in 
the house shall rotate according to the items being considered 
by the commission.  If any of the members elect not to serve on 
the commission, the house of which they are members, if in 
session, shall select some other member for the vacancy.  If the 
legislature is not in session, vacancies in the house membership 
of the commission shall be filled by the last speaker of the 
house or, if the speaker is not available, by the last chair of 
the house rules committee, and by the last senate committee on 
committees or other appointing authority designated by the 
senate rules in case of a senate vacancy.  The commissioner of 
finance shall be secretary of the commission and keep a 
permanent record and minutes of its proceedings, which are 
public records.  The commissioner of finance shall transmit, 
under section 3.195, a report to the next legislature of all 
actions of the commission.  Members shall receive traveling and 
subsistence expenses incurred attending meetings of the 
commission.  The commission shall meet from time to time upon 
the call of the governor or upon the call of the secretary at 
the request of three two or more of its members.  A 
recommendation of the commission must be made at a meeting of 
the commission unless a written recommendation is signed by all 
the members entitled to vote on the item, except that a 
recommendation under section 298.2213, subdivision 4, or section 
298.296, subdivision 1, need only be signed by a majority of the 
members entitled to vote on the item. 
    Sec. 3.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Presented to the governor May 15, 1989 
    Signed by the governor May 16, 1989, 6:22 p.m.