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SF 1359

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:49am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; assigning new duties to the Legislative Commission
on Planning and Fiscal Policy; transferring duties from executive agencies;
appropriating money; amending Minnesota Statutes 2010, sections 3.885,
subdivisions 1, 5, by adding a subdivision; 3.98; 3.987, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 3.885, subdivision 1, is amended to read:


Subdivision 1.

Membership.

The Legislative Commission on Planning and Fiscal
Policy consists of deleted text begin ninedeleted text end new text begin threenew text end members of the senate appointed by the Subcommittee on
Committees of the Committee on Rules and Administration deleted text begin and ninedeleted text end new text begin , three members
of the senate appointed by the senate minority leader, three
new text end members of the house
of representatives appointed by the speakernew text begin , and three members of the house of
representatives appointed by the house of representatives minority leader
new text end . Vacancies on
the commission are filled in the same manner as original appointments. The commission
shall elect a chair and a vice-chair from among its members. The chair alternates between
a member of the senate and a member of the house of representatives in January of each
odd-numbered year.

Sec. 2.

Minnesota Statutes 2010, section 3.885, subdivision 5, is amended to read:


Subd. 5.

Duties.

(a) The commission shall:

(1) provide the legislature with research and analysis of current and projected state
revenue, state expenditures, and state tax expenditures;

(2) provide the legislature with a report analyzing the governor's proposed levels of
revenue and expenditures for biennial budgets submitted under section 16A.11 as well as
other supplemental budget submittals to the legislature by the governor;

(3) provide an analysis of the impact of the governor's proposed revenue and
expenditure plans for the next biennium;

(4) conduct research on matters of economic and fiscal policy and report to the
legislature on the result of the research;

(5) provide economic reports and studies on the state of the state's economy,
including trends and forecasts for consideration by the legislature;

(6) conduct budget and tax studies and provide general fiscal and budgetary
information;

(7) review and make recommendations on the operation of state programs in order
to appraise the implementation of state laws regarding the expenditure of funds and to
recommend means of improving their efficiency;

(8) recommend to the legislature changes in the mix of revenue sources for programs,
in the percentage of state expenditures devoted to major programs, and in the role of the
legislature in overseeing state government expenditures and revenue projections;

(9) make a continuing study and investigation of the building needs of the
government of the state of Minnesota, including, but not limited to the following: the
current and future requirements of new buildings, the maintenance of existing buildings,
rehabilitating and remodeling of old buildings, the planning for administrative offices, and
the exploring of methods of financing building and related costs; and

(10) conduct a continuing study of state-local finance, analyzing and making
recommendations to the legislature on issues including levels of state support for
political subdivisions, basic levels of local need, balances of local revenues and options,
relationship of local taxes to individuals' ability to pay, and financial reporting by political
subdivisions. In conducting this study, the commission shall consult with the governor,
the staff of executive branch agencies, and the governor's Advisory Commission on
State-Local Relations.

(b) In performing its duties under paragraph (a), the commission shall consider,
among other things:

(1) the relative dependence on state tax revenues, federal funds, and user fees
to support state-funded programs, and whether the existing mix of revenue sources is
appropriate, given the purposes of the programs;

(2) the relative percentages of state expenditures that are devoted to major programs
such as education, assistance to local government, aid to individuals, state agencies and
institutions, and debt service; and

(3) the role of the legislature in overseeing state government expenditures, including
legislative appropriation of money from the general fund, legislative appropriation of
money from funds other than the general fund, state agency receipt of money into
revolving and other dedicated funds and expenditure of money from these funds, and
state agency expenditure of federal funds.

(c) The commission's recommendations must consider the long-term needs of the
state. The recommendations must not duplicate work done by standing committees of
the senate and house of representatives.

new text begin (d) The commission shall:
new text end

new text begin (1) prepare fiscal notes and revenue notes on pending legislation;
new text end

new text begin (2) prepare local government impact notes on pending legislation; and
new text end

new text begin (3) prepare a forecast of state revenues and expenditures.
new text end

new text begin (e) new text end The commission shall report to the legislature on its activities and
recommendations by January 15 of each odd-numbered year.

new text begin (f) new text end The commission shall provide the public with printed and electronic copies of
reports and information for the legislature. Copies must be provided at the actual cost
of furnishing each copy.

Sec. 3.

Minnesota Statutes 2010, section 3.885, is amended by adding a subdivision to
read:


new text begin Subd. 5a. new text end

new text begin Staff. new text end

new text begin The commission must hire an executive director. The executive
director may employ other staff.
new text end

Sec. 4.

Minnesota Statutes 2010, section 3.98, is amended to read:


3.98 FISCAL NOTES.

Subdivision 1.

Preparation.

The deleted text begin head or chief administrative officer of each
department or agency of the state government, including the Supreme Court,
deleted text end new text begin Legislative
Commission on Planning and Fiscal Policy
new text end shall prepare a fiscal note at the request of
the chair of the standing committee to which a bill has been referred, or the chair of
the house of representatives Ways and Means Committee, or the chair of the senate
Committee on Finance.new text begin The head or chief administrative officer of each department or
agency of the state government, including the Supreme Court, shall supply information
for fiscal notes upon request of the executive director of the Legislative Commission on
Planning and Fiscal Policy.
new text end

For purposes of this subdivision, "Supreme Court" includes all agencies, committees,
and commissions supervised or appointed by the state Supreme Court or the state court
administrator.

Subd. 2.

Contents.

(a) The fiscal note, where possible, shall:

(1) cite the effect in dollar amounts;

(2) cite the statutory provisions affected;

(3) estimate the increase or decrease in revenues or expenditures;

(4) include the costs which may be absorbed without additional funds;

(5) include the assumptions used in determining the cost estimates; and

(6) specify any long-range implication.

(b) The fiscal note may comment on technical or mechanical defects in the bill but
shall express no opinions concerning the merits of the proposal.

Subd. 3.

Distribution.

A copy of the fiscal note shall be delivered to the chair of
the Ways and Means Committee of the house of representatives, the chair of the Finance
Committee of the senate, the chair of the standing committee to which the bill has been
referred, to the chief author of the bill and to the commissioner of management and budget.

Subd. 4.

Uniform procedure.

The deleted text begin commissioner of management and budgetdeleted text end new text begin
Legislative Commission on Planning and Fiscal Policy
new text end shall prescribe a uniform procedure
to govern the departments and agencies of the state in complying with the requirements
of this section.

Sec. 5.

Minnesota Statutes 2010, section 3.987, subdivision 1, is amended to read:


Subdivision 1.

Local impact notes.

The deleted text begin commissioner of management and budgetdeleted text end new text begin
Legislative Commission on Planning and Fiscal Policy
new text end shall coordinate the development
of a local impact note for any proposed legislation deleted text begin introduced after June 30, 1997,deleted text end upon
request of the chair or the ranking minority member of either legislative Tax, Finance,
or Ways and Means Committee. Upon receipt of a request to prepare a local impact
note, the deleted text begin commissionerdeleted text end new text begin commissionnew text end must notify the authors of the proposed legislation
that the request has been made. The local impact note must be made available to the
public upon request. If the action is among the exceptions listed in section 3.988, a
local impact note need not be requested nor prepared. The deleted text begin commissionerdeleted text end new text begin commissionnew text end
shall make a reasonable and timely estimate of the local fiscal impact on each type of
political subdivision that would result from the proposed legislation. The deleted text begin commissioner
of management and budget
deleted text end new text begin commissionnew text end may require any political subdivision or the
commissioner of an administrative agency of the state to supply in a timely manner any
information determined to be necessary to determine local fiscal impact. The political
subdivision, its representative association, or commissioner shall convey the requested
information to the deleted text begin commissioner of management and budgetdeleted text end new text begin commissionnew text end with a signed
statement to the effect that the information is accurate and complete to the best of its ability.
The political subdivision, its representative association, or commissioner, when requested,
shall update its determination of local fiscal impact based on actual cost or revenue figures,
improved estimates, or both. Upon completion of the note, the deleted text begin commissionerdeleted text end new text begin commissionnew text end
must provide a copy to the authors of the proposed legislation and to the chair and ranking
minority member of each committee to which the proposed legislation is referred.

Sec. 6. new text begin APPROPRIATION.
new text end

new text begin $....... for the fiscal year ending June 30, 2012, and $....... for the fiscal year ending
June 30, 2013, are appropriated from the general fund to the Legislative Coordinating
Commission for purposes of hiring staff for the Legislative Commission on Planning and
Fiscal Policy. The appropriations from the general fund to the Department of Management
and Budget are reduced by $....... for the fiscal year ending June 30, 2012, and $.......
for the fiscal year ending June 30, 2013.
new text end