1998 Minnesota Statutes

     3.3005 Federal money; expenditure review. 

    Subdivision 1.    Definition.  As used in this section, 
 the term "state agency" means all agencies in the executive 
 branch of state government, but does not include the Minnesota 
 historical society, the University of Minnesota, or the 
 Minnesota state colleges and universities.  

    Subd. 2.    Governor's request to legislature.  A state 
 agency shall not expend money received by it under federal law 
 for any purpose unless a request to spend federal money from 
 that source for that purpose in that fiscal year has been 
 submitted by the governor to the legislature as a part of a 
 budget request submitted during or within ten days before the 
 start of a regular legislative session, or unless specifically 
 authorized by law or as provided by this section.  

    Subd. 2a.    Review of federal funds spending request.  
 Twenty 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 20-day period, a member of the 
 legislative advisory commission requests further review.  If a 
 legislative advisory commission member requests further review 
 of a federal funds spending request, the agency may not expend 
 the federal funds until the request has been satisfied and 
 withdrawn, the expenditure is approved in law, or the regular 
 session of the legislature is adjourned for the year. 

    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 received 
 requires a state match greater than that included in the budget 
 request or authorized by law, the amount that requires an 
 additional state match may be allotted for expenditure after the 
 requirements of subdivision 5 are met. 

    Subd. 4.    Interim procedures; urgencies.  If federal 
 money becomes available to the state for expenditure 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, 
 it may be allotted to a state agency after the requirements of 
 subdivision 5 are met. 

    Subd. 5.    Legislative advisory commission review.  
 Federal money that becomes available under subdivisions 3 and 4 
 may be allotted after the commissioner of finance has submitted 
 the request to the members of the legislative advisory 
 commission for their review and recommendation 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 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.  

    HIST: Ex1979 c 1 s 14; 1980 c 614 s 35; 1981 c 356 s 250; 1984 
 c 654 art 2 s 31; 1986 c 444; 1988 c 469 art 1 s 1; 1996 c 395 s 
 18; 1998 c 366 s 14,15