Minnesota Legislature
HF 3619
as introduced - 89th Legislature (2015 - 2016) Posted on 03/24/2016 02:29pm
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A bill for an act
relating to the state budget; modifying the federal funds request process;
establishing a process for reviewing technology fund transfers; requiring a report;
amending Minnesota Statutes 2014, sections 3.3005, subdivisions 3, 3b, 4, 5, 6,
by adding subdivisions; 16E.0466; 16E.21, subdivision 2, by adding subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, 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
This section applies to the expenditure of all federal money
whether that federal money is appropriated under section 4.07 or another section, unless
that federal money is specifically excluded from the requirements of this section.
new text end
Sec. 2.
Minnesota Statutes 2014, section 3.3005, subdivision 3, is amended to read:
Subd. 3.
State match.
If a request to spend federal money is included in the
governor's budget or spending the money is authorized by law but the amount of federal
money deleted text begin receiveddeleted text end new text begin that has been awardednew text end requires a state match greater than deleted text begin thatdeleted text end new text begin the amount
that wasnew text end included in the budget request or authorized by law, the deleted text begin amountdeleted text end new text begin federal funds
that have been awardednew text end that deleted text begin requiresdeleted text end new text begin requirenew text end an additional state match may be allotted for
expenditure after the requirements of subdivision 5 or 6 are met.
Sec. 3.
Minnesota Statutes 2014, section 3.3005, subdivision 3b, is amended to read:
Subd. 3b.
Increase in amount.
If a request to spend federal money is included in a
governor's budget request and approved according to subdivision 2 or 5 and the amount
of money new text begin awarded and new text end available new text begin to be expended new text end increases after the request is made and
authorized, the additional amount may be allotted for expenditure after a revised request is
submitted according to subdivision 2, or the requirements of subdivision 5 or 6 are met.
Sec. 4.
Minnesota Statutes 2014, section 3.3005, subdivision 4, is amended to read:
Subd. 4.
Interim procedures; urgencies.
If federal money deleted text begin becomes available
deleted text end new text begin is awardednew text end 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
deleted text begin allotteddeleted text end new text begin encumbered or expendednew text end 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 after the
deleted text begin requirements of subdivision 5 are met.deleted text end new text begin Legislative Advisory Commission has reviewed
the request. If the members of the commission make a positive recommendation or no
recommendation, or if the commission has not reviewed the request within ten days after
the date the request was submitted, the commissioner may approve the request and the
federal money may be allotted for expenditure. If the commission makes a negative
recommendation or a recommendation for further review on a request within ten days after
the date the request was submitted, the commissioner shall not approve the expenditure of
the 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 or 6. For the purposes of this subdivision, a
recommendation of the commission must be made at a meeting of the commission unless
a written recommendation is signed by all members entitled to vote on the item. For the
purposes of this subdivision, an urgency means: (1) the expenditure of the federal funds
would prevent imminent harm to life or property; or (2) failure to encumber or spend the
federal funds before the expiration of the earliest time provided under this subdivision
would clearly result in a loss of the federal funds.
new text end
Sec. 5.
Minnesota Statutes 2014, section 3.3005, subdivision 5, is amended to read:
Subd. 5.
Legislative Advisory Commission review.
Federal money that new text begin is awarded
and new text end becomes available under subdivision 3, 3a, new text begin or new text end 3bdeleted text begin , or 4deleted text end may be allotted after the
commissioner of management and budget has submitted the request to the members of
the Legislative Advisory Commission for their review and recommendation deleted text begin for further
reviewdeleted text end . deleted text begin 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 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 a member of the commission makes a negative
recommendation or requests further review on a request within 20 days after the date
the request was submitted, the commissioner shall not approve the expenditure of that
federal money. If a request to expend federal money submitted under this subdivision
receives a negative recommendation or a request for further review, the request may be
submitted again under subdivision 2. If the members of a commission make a positive
recommendation or no recommendation, the commissioner may approve the request and
the federal money may be allotted for expenditure.
new text end
Sec. 6.
Minnesota Statutes 2014, section 3.3005, subdivision 6, is amended to read:
Subd. 6.
Interim procedures; nonurgencies.
If federal money new text begin is awarded and
new text end becomes available to the state deleted text begin for expendituredeleted text end after the deadline in subdivision 2 or while
the legislature is not in session, and subdivision 4 does not apply, a request to expend deleted text begin the
deleted text end new text begin thatnew text end federal money may be submitted by the commissioner of management and budget to
members of the Legislative Advisory Commission for their review and recommendation.
This request must be submitted by new text begin the later of new text end October 1 deleted text begin of any yeardeleted text end new text begin or 100 days before the
start of the next legislative sessionnew text end . If any member of the commission makes a negative
recommendation or a recommendation for further review on a request deleted text begin by October 20 of
the same yeardeleted text end new text begin during the 20-day period beginning the day the commissioner submits
the requestnew 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,new text begin the commissioner shall not
approve the request untilnew text end the request may be submitted again under subdivision 2. If the
members of the commission make a positive recommendation or no recommendation, the
commissioner deleted text begin shalldeleted text end new text begin maynew text end approve deleted text begin or disapprovedeleted text end the request and the federal money may be
allotted for expenditure.
Sec. 7.
Minnesota Statutes 2014, section 3.3005, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Withdrawal. new text end
new text begin
The commissioner of management and budget may, with
written notice, withdraw any request to spend federal money under this section. The
commissioner of an agency requesting to expend federal money under this section may,
with written notice, withdraw any request to spend federal money under this section that
was submitted by the commissioner's agency.
new text end
Sec. 8.
Minnesota Statutes 2014, section 16E.0466, is amended to read:
16E.0466 STATE AGENCY TECHNOLOGY PROJECTS.
new text begin (a) new text end Every state agency with an information or telecommunications project must
consult with the Office of MN.IT Services to determine the information technology cost
of the project. Upon agreement between the commissioner of a particular agency and
the chief information officer, the agency must transfer the information technology cost
portion of the project to the Office of MN.IT Services. Service level agreements must
document all project-related transfers under this section. Those agencies specified in
section 16E.016, paragraph (d), are exempt from the requirements of this section.
new text begin
(b) Notwithstanding section 16A.28, subdivision 3, any unexpended operating
balance appropriated to a state agency may be transferred to the information and
telecommunications technology systems and services account for the information
technology cost of a specific project, subject to the review of the Legislative Advisory
Commission, under section 16E.21, subdivision 3.
new text end
Sec. 9.
Minnesota Statutes 2014, section 16E.21, subdivision 2, is amended to read:
Subd. 2.
Charges.
Upon agreement of the participating agency, the Office of
MN.IT Services may collect a charge new text begin or receive a fund transfer under section 16E.0466
new text end for purchases of information and telecommunications technology systems and services
by state agencies and other governmental entities through state contracts for purposes
described in subdivision 1. Charges collected under this section must be credited to the
information and telecommunications technology systems and services account.
Sec. 10.
Minnesota Statutes 2014, section 16E.21, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Legislative Advisory Commission review. new text end
new text begin
No funds may be transferred to
the information and telecommunications technology systems and services account under
subdivision 2 or section 16E.0466 until the commissioner of management and budget has
submitted the proposed transfer to the members of the Legislative Advisory Commission
for review and recommendation. If the commission makes a positive recommendation
or no recommendation, or if the commission has not reviewed the request within 20
days after the date the request to transfer funds was submitted, the commissioner of
management and budget may approve the request to transfer the funds. If the commission
makes a negative recommendation or a recommendation for further review on a request
within 20 days after the request to transfer the funds was submitted, the commissioner
shall not approve the fund transfer. A recommendation of the commission must be made
at a meeting of the commission unless a written recommendation is signed by all members
entitled to vote on the item.
new text end
Sec. 11.
Minnesota Statutes 2014, section 16E.21, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Lapse. new text end
new text begin
Any portion of any receipt credited to the information and
telecommunications technology systems and services account from a fund transfer under
subdivision 2 that remains unexpended and unencumbered at the close of the fiscal year
four years after the funds were received in the account shall lapse to the fund from which
the receipt was transferred.
new text end
Sec. 12.
Minnesota Statutes 2014, section 16E.21, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Report. new text end
new text begin
The chief information officer shall report by September 15 of
each odd-numbered year to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over the office regarding the receipts credited
to the account. The report must include a description of projects funded through the
information and telecommunications technology systems and services account and each
project's current status.
new text end