HF 2958

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/08/2012 08:37am

A bill for an act
relating to finance; modifying the membership of the Legislative Advisory
Commission; authorizing the Legislative Advisory Commission to review
requests to spend federal money; limiting the authority to spend federal money
without legislative review to certain emergency management purposes; providing
for the validation of certain appropriation bonds; establishing an apprenticeship
and on-the-job training program to administer a portion of the Minnesota GI Bill
program; eliminating a surcharge on special veteran's plates for certain trucks;
appropriating money for honor guards, soft body armor, and disaster deficiency;
amending Minnesota Statutes 2010, sections 3.30, subdivision 2; 3.3005,
subdivisions 2a, 4, 5, 6, by adding a subdivision; 12.22, subdivision 1; 116.03,
subdivision 3; 197.791, subdivision 6, by adding a subdivision; Minnesota
Statutes 2011 Supplement, sections 16A.96, by adding a subdivision; 168.123,
subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 3.30, subdivision 2, is amended to read:

Subd. 2.

Members; duties.

The majority leader of the senate or a designee, new text begin the
minority leader of the senate or a designee, new text end the chair of the senate Committee on Finance,
and the chair of the new text begin appropriate finance committee, or division of the new text end senate deleted text begin Division of
Finance deleted text end responsible for overseeing the items being considered by the commission, the
speaker of the house or a designee, new text begin the minority leader of the house of representatives or a
designee, new text end the chair of the house of representatives Committee on Ways and Means, and
the chair of the appropriate finance committee, or division of the house of representatives
committee responsible for overseeing the items being considered by the deleted text begin commissioner, deleted text end new text begin
commission, new text end constitute the Legislative Advisory Commission. The division chair of
the Finance Committee in the senate and the division chair of the appropriate finance
committee or division in the house of representatives 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 of
representatives 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 of representatives
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 management and budget shall be secretary of the commission and keep a permanent
record and minutes of its proceedings, which are public records. The commissioner of
management and budget 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 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.

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.

Minnesota Statutes 2010, section 3.3005, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Application. new text end

new text begin The review in this section applies to federal funds
appropriated under section 4.07, subdivision 3, or federal funds appropriated under any
other section except for federal funds appropriated under section 12.22, subdivision 1.
new text end

Sec. 3.

Minnesota Statutes 2010, section 3.3005, subdivision 2a, is amended to read:

Subd. 2a.

Review of federal funds spending request.

deleted text begin Twenty deleted text end new text begin Thirty new text end days after a
governor's budget request that includes a request to spend federal money is submitted to
the legislature under subdivision 2, a state agency may expend money included in that
request unless, within the deleted text begin 20-day deleted text end new text begin 30-day new text end period, deleted text begin a member of deleted text end the Legislative Advisory
Commission requests further review. If deleted text begin a deleted text end new text begin the new text end Legislative Advisory Commission deleted text begin member deleted text end
requests further review of a federal funds spending request, the agency may not expend
the federal funds until new text begin :
new text end

new text begin (1) new text end the new text begin commission's new text end request has been satisfied and withdrawn deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end the expenditure is approved in law deleted text begin , deleted text end new text begin ; new text end or

new text begin (3) new text end the regular session of the legislature is adjourned for the year.

Sec. 4.

Minnesota Statutes 2010, section 3.3005, subdivision 4, is amended to read:

Subd. 4.

Interim procedures; urgencies.

If federal money becomes available to
the state for expenditure after the deadline in subdivision 2 or while the legislature is not
in session, and the availability of money from that source or for that purpose or in that
fiscal year could not reasonably have been anticipated and included in the governor's
budget request, and an urgency requires that all or part of the money be allotted before the
legislature reconvenes or prior to the end of the 20-day period specified in subdivision 2, it
may be allotted to a state agency deleted text begin after the requirements of subdivision 5 are met. deleted text end new text begin after
a request to spend the federal money has been submitted to the Legislative Advisory
Commission and the commission has met and made a positive recommendation on the
request. If the commission makes a positive recommendation, the commissioner of
management and budget shall approve or disapprove the request and the federal money
may be allocated for expenditure. If the commission makes a negative recommendation or
no recommendation, the request, in substantially the same format, may not be submitted
again. If the commission makes no recommendation within 30 days of the request being
made, the lack of a recommendation shall be considered a negative recommendation.
new text end

Sec. 5.

Minnesota Statutes 2010, section 3.3005, subdivision 5, is amended to read:

Subd. 5.

Legislative Advisory Commission review.

Federal money that becomes
available under subdivision 3, 3a, new text begin or new text end 3b deleted text begin , or 4 deleted text end may be allotted after the commissioner of
management and budget has submitted the request to deleted text begin the members of deleted text end the Legislative
Advisory Commission for their review and recommendation deleted text begin for further review. If
a recommendation is not made within ten days, no further review by the Legislative
Advisory Commission is required, and the commissioner shall approve or disapprove
the request. If a recommendation by any member is for further review the governor
deleted text end deleted text begin shall submit the request to the Legislative Advisory Commission for its review and
recommendation. Failure or refusal of the commission to make a recommendation
promptly is a negative recommendation deleted text end . new text begin If the commission makes a negative
recommendation or a recommendation for further review on a request within 30 days after
the date the request was submitted, the commissioner shall not approve expenditure of
that federal money. If a request to expend federal money submitted under this subdivision
receives a negative recommendation or a recommendation for further review, the request
may be submitted again under subdivision 2. If the members of the commission make
a positive recommendation or no recommendation, the commissioner shall approve or
disapprove the request and the federal money may be allotted for expenditure.
new text end

Sec. 6.

Minnesota Statutes 2010, section 3.3005, subdivision 6, is amended to read:

Subd. 6.

Interim procedures deleted text begin ; nonurgencies deleted text end .

If federal money becomes available
to the state for expenditure after the deadline in subdivision 2 or while the legislature is
not in session deleted text begin , and subdivision 4 does not apply deleted text end , a request to expend the federal money
may be submitted by the commissioner of management and budget to deleted text begin members of deleted text end
the Legislative Advisory Commission for deleted text begin their deleted text end review and recommendation. deleted text begin This deleted text end new text begin The
commissioner may submit a new text end request deleted text begin must be submitted by October 1 deleted text end new text begin to the Legislative
Advisory Commission under this subdivision on August 1 and October 15 new text end of any year. If
deleted text begin any member of deleted text end the commission makes a negative recommendation or a recommendation
for further review on a request deleted text begin by October 20 of the same year deleted text end new text begin within 30 days after the
date the request was submitted new text end , the commissioner shall not approve expenditure of that
federal money. If a request to expend federal money submitted under this subdivision
receives a negative recommendation or a recommendation for further review, the request
may be submitted again under subdivision 2. If the members of the commission make
a positive recommendation or no recommendation, the commissioner shall approve or
disapprove the request and the federal money may be allotted for expenditure.

Sec. 7.

Minnesota Statutes 2010, section 12.22, subdivision 1, is amended to read:

Subdivision 1.

Federal aid.

Whenever the federal government, or an agency or
officer of the federal government, offers to the state, or through the state to any political
subdivision of the state, services, equipment, supplies, materials, or funds by way of gift,
grant or loan, for the purposes of emergency management, the state, acting through the
governor, or the political subdivision, acting with the consent of the governor and through
its governing body, may accept the offer and then may authorize an officer of the state
or of the political subdivision, as the case may be, to receive the services, equipment,
supplies, materials, or funds on behalf of the state or the political subdivision and subject
to the terms of the offer and the rules, if any, of the agency making the offer. deleted text begin However, deleted text end new text begin
Money received by the governor or any state agency under this subdivision is appropriated
to the state agency receiving the funds to carry out the emergency management purposes
for which the money is received. Section 3.3005 does not apply to money appropriated
under this section. new text end No money or other funds may be accepted or received as a loan nor any
indebtedness incurred except as provided by law.

Sec. 8.

Minnesota Statutes 2011 Supplement, section 16A.96, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Validation. new text end

new text begin (a) Appropriation bonds issued under this section may be
validated in the manner provided by this subdivision. If comparable appropriation bonds
are judicially determined to be valid, nothing in this subdivision shall be construed to
prevent the sale or delivery of any appropriation bonds without entry of a judgment of
validation by the Minnesota Supreme Court pursuant to this subdivision with respect to
the appropriation bonds authorized under this section.
new text end

new text begin (b) Any appropriation bonds issued under this section that are validated shall be
validated in the manner provided by this subdivision.
new text end

new text begin (c) The Minnesota Supreme Court shall have original jurisdiction to determine the
validation of appropriation bonds and all matters connected with issuance of the bonds.
new text end

new text begin (d) The commissioner may determine the commissioner's authority to issue
appropriation bonds and the legality of all proceedings in connection with issuing bonds.
For this purpose, a complaint shall be filed by the commissioner in the Minnesota Supreme
Court against the state and the taxpayers and citizens.
new text end

new text begin (e) As a condition precedent to filing of a complaint for the validation of
appropriation bonds, the commissioner shall take action providing for the issuance of
appropriation bonds in accordance with law.
new text end

new text begin (f) The complaint shall set out the state's authority to issue appropriation bonds, the
action or proceeding authorizing the issue and its adoption, all other essential proceedings
had or taken in connection with issuing bonds, the amount of the appropriation bonds to
be issued and the maximum interest they are to bear, and all other pertinent matters.
new text end

new text begin (g) The Minnesota Supreme Court shall issue an order directed against the state and
taxpayers, citizens, and others having or claiming any right, title, or interest affected by
the issuance of appropriation bonds, or to be affected by the bonds, allowing all persons,
in general terms and without naming them, and the state through its attorney general, to
appear before the Minnesota Supreme Court at a designated time and place and show
why the complaint should not be granted and the proceedings and appropriation bonds
validated. A copy of the complaint and order shall be served on the attorney general at
least 20 days before the time fixed for hearing. The attorney general shall examine the
complaint, and, if it appears or there is reason to believe that it is defective, insufficient, or
untrue, or if in the opinion of the attorney general the issuance of the appropriation bonds
in question has not been duly authorized, defense shall be made by the attorney general as
the attorney general deems appropriate.
new text end

new text begin (h) Before the date set for hearing, as directed by the Minnesota Supreme Court,
either the clerk of the Minnesota appellate courts or the commissioner shall publish a copy
of the order in a legal newspaper of general circulation in Ramsey County and the state, at
least once each week for two consecutive weeks, commencing with the first publication,
which shall not be less than 20 days before the date set for hearing. By this publication,
all taxpayers, citizens, and others having or claiming any right, title, or interest in the
state are made parties defendant to the action and the Minnesota Supreme Court has
jurisdiction of them to the same extent as if named as defendants in the complaint and
personally served with process.
new text end

new text begin (i) Any taxpayer, citizen, or person interested may become a party to the action by
moving against or pleading to the complaint at or before the time set for hearing. The
Minnesota Supreme Court shall determine all questions of law and fact and make orders
that will enable it to properly try and determine the action and render a final judgment
within 30 days of the hearing with the least possible delay.
new text end

new text begin (j) If the judgment validates appropriation bonds, the judgment is forever conclusive
as to all matters adjudicated and as against all parties affected and all others having or
claiming any right, title, or interest affected by the issuance of appropriation bonds, or to
be affected in any way by issuing the bonds, and the validity of appropriation bonds or of
any revenues pledged for the payment of the bonds, or of the proceedings authorizing the
issuance of the bonds, including any remedies provided for their collection, shall never
be called in question in any court by any person or party.
new text end

new text begin (k)(1) Appropriation bonds, when validated under this section, shall have stamped
or written on the bonds, by the proper officers of the state issuing them, a statement
in substantially the following form: "This appropriation bond is one of a series of
appropriation bonds which were validated by judgment of the Supreme Court of the State
of Minnesota, rendered on ……., ....... (year)."
new text end

new text begin (2) A certified copy of the judgment or decree shall be received as evidence in any
court in this state.
new text end

new text begin (l) The costs shall be paid by the state, except that when a taxpayer, citizen, or other
person contests the action or intervenes, the court may tax the whole or any part of the
costs against the person that is equitable.
new text end

new text begin (m) A justice of the Minnesota Supreme Court is not disqualified in any validation
action because the justice is a landowner or taxpayer of the state.
new text end

Sec. 9.

Minnesota Statutes 2010, section 116.03, subdivision 3, is amended to read:

Subd. 3.

Federal funds.

The commissioner of the Pollution Control Agency is
the state agent to apply for, receive, and disburse federal funds made available to the
state by federal law or rules and regulations promulgated thereunder for any purpose
related to the powers and duties of the Pollution Control Agency or the commissioner.
The commissioner shall comply with any and all requirements of such federal law or
such rules and regulations promulgated thereunder to facilitate application for, receipt,
and disbursement of such funds. All such moneys received by the commissioner
shall be deposited in the state treasury and are hereby annually appropriated to the
commissioner for the purposes for which they are received. None of such moneys in the
state treasury shall cancel and they shall be available for expenditure in accordance with
the requirements of federal law.

deleted text begin The provisions of section 3.3005 shall not apply to money available under the
federal Comprehensive Environmental Response, Compensation, and Liability Act of
1980, United States Code, title 42, sections 9601 to 9657, for which a state match is not
required or for which a state match is available under the Environmental Response and
Liability Act or from a political subdivision. The receipt of the money shall be reported
to the Legislative Advisory Commission.
deleted text end

Sec. 10.

Minnesota Statutes 2011 Supplement, section 168.123, subdivision 1, is
amended to read:

Subdivision 1.

General requirements; fees.

(a) On payment of a fee of $10 for
each set of two plates, or for a single plate in the case of a motorcycle plate, payment of
the registration tax required by law, and compliance with other applicable laws relating to
vehicle registration and licensing, as applicable, the commissioner shall issue:

(1) special veteran's plates to an applicant who served in the active military service
in a branch of the armed forces of the United States or of a nation or society allied with the
United States in conducting a foreign war, was discharged under honorable conditions, and
is a registered owner of a passenger automobile as defined in section 168.002, subdivision
24, recreational motor vehicle as defined in section 168.002, subdivision 27, or one-ton
pickup truck as defined in section 168.002, subdivision 21b, but which is not a commercial
motor vehicle as defined in section 169.011, subdivision 16; or

(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a),
(f), (h), (i), or (j), or another special plate designed by the commissioner to an applicant
who is a registered owner of a motorcycle as defined in section 168.002, subdivision 19,
and meets the criteria listed in this paragraph and in subdivision 2, paragraph (a), (f), (h),
(i), or (j). Plates issued under this clause must be the same size as regular motorcycle
plates. Special motorcycle license plates issued under this clause are not subject to
section 168.1293.

(b) The additional fee of $10 is payable for each set of veteran's plates, is payable
only when the plates are issued, and is not payable in a year in which stickers are issued
instead of plates.

(c) The veteran must have a certified copy of the veteran's discharge papers,
indicating character of discharge, at the time of application. If an applicant served in the
active military service in a branch of the armed forces of a nation or society allied with the
United States in conducting a foreign war and is unable to obtain a record of that service
and discharge status, the commissioner of veterans affairs may certify the applicant as
qualified for the veterans' plates provided under this section.

deleted text begin (d) For license plates issued for one-ton trucks described in paragraph (a), clause
(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected under
paragraph (a). The surcharge must be deposited in the vehicle services operating account
in the special revenue fund.
deleted 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. 11.

Minnesota Statutes 2010, section 197.791, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Apprenticeship and on-the-job training. new text end

new text begin (a) The commissioner, in
consultation with the commissioners of employment and economic development and labor
and industry, shall develop and implement an apprenticeship and on-the-job training
program to administer a portion of the Minnesota GI Bill program to pay benefit amounts
to eligible applicants, as provided in this subdivision.
new text end

new text begin (b) An "eligible employer" means an employer operating a qualifying apprenticeship
or on-the-job training program that has been approved by the commissioner.
new text end

new text begin (c) A person is eligible for apprenticeship and on-the-job training assistance under
this subdivision if the person meets the criteria established under subdivision 4, paragraphs
(a), clause (1), and (c) to (e). The amount of assistance paid to or on behalf of an eligible
individual under this subdivision must not exceed the following:
new text end

new text begin (1) $2,000 per fiscal year for apprenticeship expenses;
new text end

new text begin (2) $2,000 per fiscal year for on-the-job training;
new text end

new text begin (3) $1,000 for a job placement credit payable to an eligible employer upon hiring
a person receiving assistance under this subdivision; and
new text end

new text begin (4) $1,000 for a job placement credit payable to an eligible employer after a person
receiving assistance under this subdivision has been employed by the eligible employer
for at least 12 consecutive months as a full-time employee.
new text end

new text begin No more than $3,000 in aggregate benefits under this paragraph may be paid to or on
behalf of an individual in one fiscal year, and not more than $9,000 in aggregate benefits
under this paragraph may be paid to or on behalf of an individual over any period of time.
new text end

new text begin (d) Assistance for apprenticeship expenses and on-the-job training is available for
qualifying programs, which must, at a minimum, meet the following criteria:
new text end

new text begin (1) the training must be with an eligible employer;
new text end

new text begin (2) the training must be documented and reported;
new text end

new text begin (3) the training must reasonably be expected to lead to an entry-level position; and
new text end

new text begin (4) the position must require at least six months of training to become fully trained.
new text end

Sec. 12.

Minnesota Statutes 2010, section 197.791, subdivision 6, is amended to read:

Subd. 6.

Appropriation.

The amount necessary to pay the benefit amounts
in deleted text begin subdivision 5 deleted text end new text begin subdivisions 5 and 5a new text end is appropriated from the general fund to the
commissioner. During any fiscal year beginning on or after July 1, deleted text begin 2013 deleted text end new text begin 2012 new text end , the amount
paid under this subdivision must not exceed $6,000,000.

Sec. 13. new text begin APPROPRIATION; HONOR GUARDS.
new text end

new text begin $100,000 is appropriated from the general fund for the fiscal year ending June 30,
2013, to the commissioner of veterans affairs for compensation for honor guards at
the funerals of veterans under Minnesota Statutes, section 197.231. This is a onetime
appropriation.
new text end

Sec. 14. new text begin APPROPRIATION; SOFT BODY ARMOR.
new text end

new text begin $515,000 is appropriated from the general fund to the commissioner of public safety
in fiscal year 2012 for soft body armor reimbursements under Minnesota Statutes, section
299A.38. This is a onetime appropriation. Any unexpended funds may be carried over
into fiscal year 2013.
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. 15. new text begin APPROPRIATION; DISASTER DEFICIENCY.
new text end

new text begin (a) $235,000 of the appropriation for disaster relief in Laws 2010, Second Special
Session chapter 1, article 1, section 11, is canceled and returned to the general fund.
new text end

new text begin (b) $235,000 is appropriated from the general fund to the commissioner of public
safety in fiscal year 2012. This appropriation is to provide a match for Federal Emergency
Management Agency (FEMA) disaster assistance to state agencies and political
subdivisions under Minnesota Statutes, section 12.221, in the area designated under
Presidential Declaration of Major Disaster, FEMA-DR-1900-MN, whether included in
the original declaration or added later by federal government action. This is a onetime
appropriation. This appropriation is available until expended.
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