Bill Text: MN SF2620 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Legislator and governor compensation suspension until finance and revenue bills enactment; effective date of executive order definition; certain continuing appropriations authorization modification; courts authorization to order certain expenditures modification
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-27 - Referred to State Government Innovation and Veterans [SF2620 Detail]
Download: Minnesota-2011-SF2620-Introduced.html
1.2relating to state government; suspending compensation of legislators and the
1.3governor until certain finance and revenue bills are enacted; defining the effective
1.4date for certain executive orders; providing certain appropriations continue in
1.5effect at a 100 percent rate unless eliminated or otherwise modified; prohibiting
1.6courts from ordering expenditures from the state treasury except under a certain
1.7circumstance; authorizing the governor to stop continued appropriations by
1.8executive order except in a certain circumstance; amending Minnesota Statutes
1.92010, section 4.035, subdivision 2; proposing coding for new law in Minnesota
1.10Statutes, chapters 3; 16A.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. [3.0985] COMPENSATION SUSPENDED UNTIL MAJOR BUDGET
1.13BILLS ENACTED.
1.14Notwithstanding any law to the contrary, members of the legislature may not receive
1.15salary or per diem living expenses and the governor may not receive salary after the
1.16effective date of an executive order issued under section 16A.312 until all of the bills
1.17designated as major finance and revenue bills have been enacted.
1.18EFFECTIVE DATE.This section is effective the day following final enactment.
1.19 Sec. 2. Minnesota Statutes 2010, section 4.035, subdivision 2, is amended to read:
1.20 Subd. 2. Effective date. An executive order issued pursuant to sections12.31 to
1.2112.32
or any other emergency executive order issued to protect a person from an imminent
1.22threat to health and safety shall be effective immediately and shall be filed with the
1.23secretary of state and published in the State Register as soon as possible after its issuance.
1.24Emergency executive orders shall be identified as such in the order. An executive order
1.25issued under section 16A.312 shall be effective 45 days after its publication in the State
2.1Register and filing with the secretary of state. Any other executive order shall be effective
2.2upon 15 days after its publication in the state register and filing with the secretary of
2.3state. The governor shall submit a copy of the executive order to the commissioner of
2.4administration to facilitate publication in the State Register.
2.5 Sec. 3. [16A.31] CONTINUING APPROPRIATIONS.
2.6 Subdivision 1. Application. This section applies only to an appropriation enacted in
2.7a major finance or revenue bill. The house of representatives and the senate must adopt
2.8rules or resolutions specifying which bills are major finance or revenue bills. If the house
2.9of representatives and the senate fail to agree on which bills are major finance or revenue
2.10bills, "major finance or revenue bill" means the primary bill establishing state tax policy,
2.11and the primary bill making appropriations in each of the following areas: judiciary
2.12and public safety; higher education; early childhood through high school education;
2.13agriculture and rural economies; environment and natural resources; health and human
2.14services; state government finance; economic development; and transportation.
2.15 Subd. 2. Appropriations continue. (a) An appropriation from the general fund
2.16or any other fund enacted in a major finance or revenue bill remains in effect at 100
2.17percent of the base level for the following biennium, unless a law is enacted eliminating
2.18or amending the appropriation.
2.19The appropriation base level is determined as provided in section 16A.11,
2.20subdivision 3, paragraph (b).
2.21(b) The amounts needed to implement this section are appropriated from each fund
2.22covered by this section.
2.23(c) This section does not apply to an appropriation in a fiscal year if a law is enacted
2.24appropriating money in that fiscal year for the purpose of the appropriation.
2.25 Subd. 3. Exceptions and adjustments. (a) An appropriation remaining in effect
2.26under authority of subdivision 2 must be adjusted or discontinued as required by other
2.27law, by general policies of the commissioner of management and budget, and in the
2.28following circumstances:
2.29(1) an appropriation for the fiscal year ending June 30 of the odd-numbered year
2.30does not remain in effect for the fiscal year starting on July 1 if the legislature specifically
2.31designated the appropriation as a onetime appropriation, if the commissioner of
2.32management and budget determines that the legislature clearly intended the appropriation
2.33to be onetime, or if the program for which the appropriation was made expires on or
2.34before July 1;
3.1(2) if an appropriation remains in effect under authority of subdivision 2, but the
3.2program or activity that is the subject of the appropriation is scheduled to expire during a
3.3fiscal year, the commissioner of management and budget must prorate the appropriation;
3.4and
3.5(3) the commissioner of management and budget may make technical adjustments to
3.6the amount of an appropriation to the extent the commissioner determines the technical
3.7adjustments are needed to accurately reflect the amount that constitutes the annual
3.8base level of the appropriation. The commissioner may make an adjustment under this
3.9paragraph only if one or more of the following conditions are met:
3.10(i) the legislature previously appropriated money for a biennium, with the entire
3.11appropriation being allocated to one year of the biennium, and the commissioner
3.12determines an adjustment is necessary to accurately reflect the annual amount needed to
3.13maintain program operations at the same level;
3.14(ii) laws or policies under which revenues and expenditures are accounted for
3.15have changed to eliminate or consolidate certain funds or accounts, and adjustments in
3.16appropriations are necessary to implement these changes;
3.17(iii) duties have been transferred between agency programs, or between agencies,
3.18and adjustments in appropriations are needed to reflect these transfers; or
3.19(iv) a program, or changes to a program, were not fully operational in one fiscal year,
3.20but will be fully operational in the following year, and an adjustment to the appropriation
3.21is needed to accurately reflect the annual cost of the new or changed program.
3.22 (b) The commissioner of management and budget must give the chairs of the senate
3.23Finance Committee and the house of representatives Ways and Means Committee written
3.24notice of any adjustments made under this subdivision.
3.25EFFECTIVE DATE.This section is effective the day following final enactment.
3.26 Sec. 4. [16A.311] COURTS MAY NOT ORDER EXPENDITURES.
3.27Notwithstanding section 480.04, 480A.06, or 484.01, or any other law to the
3.28contrary, a court may not order any expenditure of an amount in the treasury to fund any
3.29operation of state government that violates the constitutional prohibition in the Minnesota
3.30Constitution, article XI, section 1, against paying money out of the treasury of the state
3.31except in pursuance of an appropriation by law.
3.32EFFECTIVE DATE.This section is effective the day following final enactment.
4.1 Sec. 5. [16A.312] GOVERNOR AUTHORIZED TO STOP CONTINUED
4.2APPROPRIATIONS.
4.3 Subdivision 1. Executive order. The governor may, by executive order, prevent
4.4the expenditure of appropriations that are continued under section 16A.31, except that
4.5the governor is not authorized to prevent the expenditure of an appropriation that funds
4.6public safety and is continued under section 16A.31. If the governor issues an executive
4.7order under this section, the governor must issue a proclamation under the Minnesota
4.8Constitution, article IV, section 12, to convene the legislature 30 days after publication of
4.9the executive order. Appropriations continued under section 16A.31 that are subject to
4.10executive order under this section shall not be reinstated by a subsequent executive order.
4.11 Subd. 2. Effective date of executive order. An executive order issued under this
4.12section shall be effective 45 days after its publication in the State Register and filing
4.13with the secretary of state.
1.3governor until certain finance and revenue bills are enacted; defining the effective
1.4date for certain executive orders; providing certain appropriations continue in
1.5effect at a 100 percent rate unless eliminated or otherwise modified; prohibiting
1.6courts from ordering expenditures from the state treasury except under a certain
1.7circumstance; authorizing the governor to stop continued appropriations by
1.8executive order except in a certain circumstance; amending Minnesota Statutes
1.92010, section 4.035, subdivision 2; proposing coding for new law in Minnesota
1.10Statutes, chapters 3; 16A.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. [3.0985] COMPENSATION SUSPENDED UNTIL MAJOR BUDGET
1.13BILLS ENACTED.
1.14Notwithstanding any law to the contrary, members of the legislature may not receive
1.15salary or per diem living expenses and the governor may not receive salary after the
1.16effective date of an executive order issued under section 16A.312 until all of the bills
1.17designated as major finance and revenue bills have been enacted.
1.18EFFECTIVE DATE.This section is effective the day following final enactment.
1.19 Sec. 2. Minnesota Statutes 2010, section 4.035, subdivision 2, is amended to read:
1.20 Subd. 2. Effective date. An executive order issued pursuant to sections
1.22threat to health and safety shall be effective immediately and shall be filed with the
1.23secretary of state and published in the State Register as soon as possible after its issuance.
1.24Emergency executive orders shall be identified as such in the order. An executive order
1.25issued under section 16A.312 shall be effective 45 days after its publication in the State
2.1Register and filing with the secretary of state. Any other executive order shall be effective
2.2upon 15 days after its publication in the state register and filing with the secretary of
2.3state. The governor shall submit a copy of the executive order to the commissioner of
2.4administration to facilitate publication in the State Register.
2.5 Sec. 3. [16A.31] CONTINUING APPROPRIATIONS.
2.6 Subdivision 1. Application. This section applies only to an appropriation enacted in
2.7a major finance or revenue bill. The house of representatives and the senate must adopt
2.8rules or resolutions specifying which bills are major finance or revenue bills. If the house
2.9of representatives and the senate fail to agree on which bills are major finance or revenue
2.10bills, "major finance or revenue bill" means the primary bill establishing state tax policy,
2.11and the primary bill making appropriations in each of the following areas: judiciary
2.12and public safety; higher education; early childhood through high school education;
2.13agriculture and rural economies; environment and natural resources; health and human
2.14services; state government finance; economic development; and transportation.
2.15 Subd. 2. Appropriations continue. (a) An appropriation from the general fund
2.16or any other fund enacted in a major finance or revenue bill remains in effect at 100
2.17percent of the base level for the following biennium, unless a law is enacted eliminating
2.18or amending the appropriation.
2.19The appropriation base level is determined as provided in section 16A.11,
2.20subdivision 3, paragraph (b).
2.21(b) The amounts needed to implement this section are appropriated from each fund
2.22covered by this section.
2.23(c) This section does not apply to an appropriation in a fiscal year if a law is enacted
2.24appropriating money in that fiscal year for the purpose of the appropriation.
2.25 Subd. 3. Exceptions and adjustments. (a) An appropriation remaining in effect
2.26under authority of subdivision 2 must be adjusted or discontinued as required by other
2.27law, by general policies of the commissioner of management and budget, and in the
2.28following circumstances:
2.29(1) an appropriation for the fiscal year ending June 30 of the odd-numbered year
2.30does not remain in effect for the fiscal year starting on July 1 if the legislature specifically
2.31designated the appropriation as a onetime appropriation, if the commissioner of
2.32management and budget determines that the legislature clearly intended the appropriation
2.33to be onetime, or if the program for which the appropriation was made expires on or
2.34before July 1;
3.1(2) if an appropriation remains in effect under authority of subdivision 2, but the
3.2program or activity that is the subject of the appropriation is scheduled to expire during a
3.3fiscal year, the commissioner of management and budget must prorate the appropriation;
3.4and
3.5(3) the commissioner of management and budget may make technical adjustments to
3.6the amount of an appropriation to the extent the commissioner determines the technical
3.7adjustments are needed to accurately reflect the amount that constitutes the annual
3.8base level of the appropriation. The commissioner may make an adjustment under this
3.9paragraph only if one or more of the following conditions are met:
3.10(i) the legislature previously appropriated money for a biennium, with the entire
3.11appropriation being allocated to one year of the biennium, and the commissioner
3.12determines an adjustment is necessary to accurately reflect the annual amount needed to
3.13maintain program operations at the same level;
3.14(ii) laws or policies under which revenues and expenditures are accounted for
3.15have changed to eliminate or consolidate certain funds or accounts, and adjustments in
3.16appropriations are necessary to implement these changes;
3.17(iii) duties have been transferred between agency programs, or between agencies,
3.18and adjustments in appropriations are needed to reflect these transfers; or
3.19(iv) a program, or changes to a program, were not fully operational in one fiscal year,
3.20but will be fully operational in the following year, and an adjustment to the appropriation
3.21is needed to accurately reflect the annual cost of the new or changed program.
3.22 (b) The commissioner of management and budget must give the chairs of the senate
3.23Finance Committee and the house of representatives Ways and Means Committee written
3.24notice of any adjustments made under this subdivision.
3.25EFFECTIVE DATE.This section is effective the day following final enactment.
3.26 Sec. 4. [16A.311] COURTS MAY NOT ORDER EXPENDITURES.
3.27Notwithstanding section 480.04, 480A.06, or 484.01, or any other law to the
3.28contrary, a court may not order any expenditure of an amount in the treasury to fund any
3.29operation of state government that violates the constitutional prohibition in the Minnesota
3.30Constitution, article XI, section 1, against paying money out of the treasury of the state
3.31except in pursuance of an appropriation by law.
3.32EFFECTIVE DATE.This section is effective the day following final enactment.
4.1 Sec. 5. [16A.312] GOVERNOR AUTHORIZED TO STOP CONTINUED
4.2APPROPRIATIONS.
4.3 Subdivision 1. Executive order. The governor may, by executive order, prevent
4.4the expenditure of appropriations that are continued under section 16A.31, except that
4.5the governor is not authorized to prevent the expenditure of an appropriation that funds
4.6public safety and is continued under section 16A.31. If the governor issues an executive
4.7order under this section, the governor must issue a proclamation under the Minnesota
4.8Constitution, article IV, section 12, to convene the legislature 30 days after publication of
4.9the executive order. Appropriations continued under section 16A.31 that are subject to
4.10executive order under this section shall not be reinstated by a subsequent executive order.
4.11 Subd. 2. Effective date of executive order. An executive order issued under this
4.12section shall be effective 45 days after its publication in the State Register and filing
4.13with the secretary of state.
