16A.1285 Departmental earnings.
Subdivision 1. Definitions. In this section, "departmental earnings" means any charge for goods and services and any regulatory, licensure, or other similar charges levied by any state agency and paid by individuals, businesses, or other nonstate entities. This definition must not be construed to include general taxes collected by a state agency or charges for services provided by one state agency to another state agency.
Subd. 2. Policy. Unless otherwise provided by law, specific charges falling within definitions stipulated in subdivision 1 must be set at a level that neither significantly over recovers nor under recovers costs, including overhead costs, involved in providing the services.
Unless specifically provided otherwise in statute, in setting, adjusting, or authorizing charges that in whole or in part recover previously unrecovered costs, recovery is limited to those unrecovered costs incurred during the two fiscal years immediately preceding the setting, adjustment, or authorization.
Subd. 3. Duties of commissioner of finance. The commissioner of finance shall classify, monitor, analyze, and report all departmental earnings that fall within the definition established in subdivision 1. Specifically, the commissioner shall:
(1) establish and maintain a classification system that clearly defines and distinguishes categories and types of departmental earnings and takes into account the purpose of the various earnings types and the extent to which various earnings types serve a public or private interest;
(2) prepare a biennial report that documents collection costs, purposes, and yields of all departmental earnings, the report to be submitted to the legislature on or before the fourth Tuesday in January in each odd-numbered year and to include estimated data for the year in which the report is prepared, actual data for the two years immediately before, and estimates for the two years immediately following; and
(3) prepare and maintain a detailed directory of all departmental earnings.
Subd. 4. Rulemaking. (a) Unless otherwise exempted or unless specifically set by law, all charges for goods and services, licenses, and regulation must be established or adjusted as provided in chapter 14; except that agencies may establish or adjust the following kinds of charges:
(1) charges for goods and services provided for the direct and primary use of a private individual, business, or other similar entity;
(2) nonrecurring charges;
(3) charges that would produce insignificant revenues;
(4) charges billed within or between state agencies;
(5) charges for admissions to or for use of public facilities operated by the state, if the charges are set according to prevailing market conditions to recover operating costs; or
(6) proposed adjustments to charges that are within consumer price level (CPI) ranges stipulated by the commissioner of finance and do not change the type or purpose of the item being adjusted.
(b) Departmental earnings changes or adjustments authorized by the commissioner of finance or listed in paragraph (a), clause (1), (5), or (6), must be reported by the commissioner of finance to the chairs of the senate committee on finance and the house ways and means committee before November 30 of each year.
Subd. 5. Procedure. The commissioner of finance shall review and comment on all departmental charges submitted under chapter 14. The commissioner's comments and recommendations must be included in the statement of need and reasonableness and must address any fiscal and policy concerns raised during the review process.