Bill Text: MN SF1458 | 2011-2012 | 87th Legislature | Introduced
Bill Title: State government continuing appropriations in effect at 70% rate upon failure to agree to major finance or revenue bills
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2011-05-21 - Referred to Finance [SF1458 Detail]
Download: Minnesota-2011-SF1458-Introduced.html
1.2relating to state government; providing certain appropriations continue in effect
1.3at a 70 percent rate unless eliminated or otherwise modified.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. CONTINUING APPROPRIATIONS.
1.6 Subdivision 1. Application. This section applies only to an appropriation enacted
1.7in a major finance or revenue bill. The house of representatives and the senate must
1.8adopt rules or resolutions specifying which bills are major finance or revenue bills. If the
1.9house of representatives and the senate fail to agree on which bills are major finance
1.10or revenue bills, "major finance or revenue bill" means the primary bill establishing
1.11state tax policy, and the primary bill making appropriations in each of the following
1.12areas: higher education; early childhood through high school education; agriculture and
1.13rural economies; environment and natural resources; health and human services; state
1.14government finance; economic development; and transportation.
1.15 Subd. 2. Certain appropriations continue. (a) Except for public safety, effective
1.16July 1, 2011, an appropriation from the general fund or any other fund enacted in a major
1.17finance or revenue bill for fiscal year 2011 remains in effect at 70 percent of the base
1.18level for fiscal years 2012 and 2013, unless a law is enacted eliminating or amending the
1.19appropriation. Effective July 1, 2011, funding for public safety remains at 100 percent of
1.20the fiscal year 2011 appropriation from the general fund or any other fund.
1.21The appropriation base level is determined as provided in Minnesota Statutes,
1.22section 16A.11, subdivision 3, paragraph (b).
1.23(b) The amounts needed to implement this section are appropriated from each fund
1.24covered by this section.
2.1(c) This section does not apply to an appropriation in a fiscal year if a law is enacted
2.2appropriating money in that fiscal year for the purpose of the appropriation.
2.3 Subd. 3. Exceptions and adjustments. (a) An appropriation remaining in effect
2.4under authority of subdivision 2 must be adjusted or discontinued as required by other
2.5law, by general policies of the commissioner of management and budget, and in the
2.6following circumstances:
2.7(b) An appropriation for the fiscal year ending June 30 of the odd-numbered year
2.8does not remain in effect for the fiscal year starting on July 1 if the legislature specifically
2.9designated the appropriation as a onetime appropriation, if the commissioner of
2.10management and budget determines that the legislature clearly intended the appropriation
2.11to be onetime, or if the program for which the appropriation was made expires on or
2.12before July 1.
2.13(c) If an appropriation remains in effect under authority of subdivision 2, but the
2.14program or activity that is the subject of the appropriation is scheduled to expire during a
2.15fiscal year, the commissioner of management and budget must prorate the appropriation.
2.16(d) The commissioner of management and budget may make technical adjustments
2.17to the amount of an appropriation to the extent the commissioner determines the technical
2.18adjustments are needed to accurately reflect the amount that constitutes the annual
2.19base level of the appropriation. The commissioner may make an adjustment under this
2.20paragraph only if one or more of the following conditions are met:
2.21(1) the legislature previously appropriated money for a biennium, with the entire
2.22appropriation being allocated to one year of the biennium, and the commissioner
2.23determines an adjustment is necessary to accurately reflect the annual amount needed to
2.24maintain program operations at the same level;
2.25(2) laws or policies under which revenues and expenditures are accounted for
2.26have changed to eliminate or consolidate certain funds or accounts, and adjustments in
2.27appropriations are necessary to implement these changes;
2.28(3) duties have been transferred between agency programs, or between agencies, and
2.29adjustments in appropriations are needed to reflect these transfers; or
2.30(4) a program, or changes to a program, were not fully operational in one fiscal year,
2.31but will be fully operational in the following year, and an adjustment to the appropriation
2.32is needed to accurately reflect the annual cost of the new or changed program.
2.33 The commissioner of management and budget must give the chairs of the senate
2.34Finance Committee and the house of representatives Ways and Means Committee written
2.35notice of any adjustments made under this subdivision.
2.36EFFECTIVE DATE.This section is effective the day following final enactment.
3.1 Sec. 2. COURTS MAY NOT DETERMINE ESSENTIAL SERVICES.
3.2Notwithstanding Minnesota Statutes, section 480.04, 480A.06, or 484.01, or any
3.3other law to the contrary, in the event the appropriations to fund any portion of state
3.4government during the 2012-2013 biennium are not enacted during or after the 87th
3.5legislative session, except for funding for public safety, a court may not order any
3.6expenditure of an amount in the treasury to fund any operation of state government.
3.7EFFECTIVE DATE.This section is effective the day following final enactment.
1.3at a 70 percent rate unless eliminated or otherwise modified.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. CONTINUING APPROPRIATIONS.
1.6 Subdivision 1. Application. This section applies only to an appropriation enacted
1.7in a major finance or revenue bill. The house of representatives and the senate must
1.8adopt rules or resolutions specifying which bills are major finance or revenue bills. If the
1.9house of representatives and the senate fail to agree on which bills are major finance
1.10or revenue bills, "major finance or revenue bill" means the primary bill establishing
1.11state tax policy, and the primary bill making appropriations in each of the following
1.12areas: higher education; early childhood through high school education; agriculture and
1.13rural economies; environment and natural resources; health and human services; state
1.14government finance; economic development; and transportation.
1.15 Subd. 2. Certain appropriations continue. (a) Except for public safety, effective
1.16July 1, 2011, an appropriation from the general fund or any other fund enacted in a major
1.17finance or revenue bill for fiscal year 2011 remains in effect at 70 percent of the base
1.18level for fiscal years 2012 and 2013, unless a law is enacted eliminating or amending the
1.19appropriation. Effective July 1, 2011, funding for public safety remains at 100 percent of
1.20the fiscal year 2011 appropriation from the general fund or any other fund.
1.21The appropriation base level is determined as provided in Minnesota Statutes,
1.22section 16A.11, subdivision 3, paragraph (b).
1.23(b) The amounts needed to implement this section are appropriated from each fund
1.24covered by this section.
2.1(c) This section does not apply to an appropriation in a fiscal year if a law is enacted
2.2appropriating money in that fiscal year for the purpose of the appropriation.
2.3 Subd. 3. Exceptions and adjustments. (a) An appropriation remaining in effect
2.4under authority of subdivision 2 must be adjusted or discontinued as required by other
2.5law, by general policies of the commissioner of management and budget, and in the
2.6following circumstances:
2.7(b) An appropriation for the fiscal year ending June 30 of the odd-numbered year
2.8does not remain in effect for the fiscal year starting on July 1 if the legislature specifically
2.9designated the appropriation as a onetime appropriation, if the commissioner of
2.10management and budget determines that the legislature clearly intended the appropriation
2.11to be onetime, or if the program for which the appropriation was made expires on or
2.12before July 1.
2.13(c) If an appropriation remains in effect under authority of subdivision 2, but the
2.14program or activity that is the subject of the appropriation is scheduled to expire during a
2.15fiscal year, the commissioner of management and budget must prorate the appropriation.
2.16(d) The commissioner of management and budget may make technical adjustments
2.17to the amount of an appropriation to the extent the commissioner determines the technical
2.18adjustments are needed to accurately reflect the amount that constitutes the annual
2.19base level of the appropriation. The commissioner may make an adjustment under this
2.20paragraph only if one or more of the following conditions are met:
2.21(1) the legislature previously appropriated money for a biennium, with the entire
2.22appropriation being allocated to one year of the biennium, and the commissioner
2.23determines an adjustment is necessary to accurately reflect the annual amount needed to
2.24maintain program operations at the same level;
2.25(2) laws or policies under which revenues and expenditures are accounted for
2.26have changed to eliminate or consolidate certain funds or accounts, and adjustments in
2.27appropriations are necessary to implement these changes;
2.28(3) duties have been transferred between agency programs, or between agencies, and
2.29adjustments in appropriations are needed to reflect these transfers; or
2.30(4) a program, or changes to a program, were not fully operational in one fiscal year,
2.31but will be fully operational in the following year, and an adjustment to the appropriation
2.32is needed to accurately reflect the annual cost of the new or changed program.
2.33 The commissioner of management and budget must give the chairs of the senate
2.34Finance Committee and the house of representatives Ways and Means Committee written
2.35notice of any adjustments made under this subdivision.
2.36EFFECTIVE DATE.This section is effective the day following final enactment.
3.1 Sec. 2. COURTS MAY NOT DETERMINE ESSENTIAL SERVICES.
3.2Notwithstanding Minnesota Statutes, section 480.04, 480A.06, or 484.01, or any
3.3other law to the contrary, in the event the appropriations to fund any portion of state
3.4government during the 2012-2013 biennium are not enacted during or after the 87th
3.5legislative session, except for funding for public safety, a court may not order any
3.6expenditure of an amount in the treasury to fund any operation of state government.
3.7EFFECTIVE DATE.This section is effective the day following final enactment.
