Bill Text: MN SF2469 | 2011-2012 | 87th Legislature | Engrossed


Bill Title: Legislative advisory commission membership and request to spend federal money review requirements modifications; veterans affairs and public safety appropriations authorization; GI bill program modification; Minnesota state colleges and universities (MnSCU) leveraged equipment acquisition

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-08 - Chief author added Rosen [SF2469 Detail]

Download: Minnesota-2011-SF2469-Engrossed.html

1.1A bill for an act
1.2relating to state government; requiring the Legislative Advisory Commission to
1.3consider certain requests to spend federal money; limiting the authority to spend
1.4federal money without legislative review to certain emergency management
1.5purposes; appropriating money for veterans affairs, public safety, and for disaster
1.6assistance and flood mitigation; providing for fund transfers; modifying the GI
1.7bill program; modifying certain fee deposits; providing funding to the Minnesota
1.8State Colleges and Universities for leveraged equipment acquisition; modifying
1.9Legislative Advisory Commission membership;amending Minnesota Statutes
1.102010, sections 3.30, subdivision 2; 3.3005, subdivisions 2a, 5, 6, by adding
1.11a subdivision; 12.22, subdivision 1; 116.03, subdivision 3; 138.668; 197.791,
1.12subdivision 6, by adding a subdivision; repealing Minnesota Statutes 2010,
1.13section 3.3005, subdivision 4.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15ARTICLE 1
1.16FEDERAL FUNDS SPENDING

1.17    Section 1. Minnesota Statutes 2010, section 3.30, subdivision 2, is amended to read:
1.18    Subd. 2. Members; duties. The majority leader of the senate or a designee, the
1.19minority leader of the senate or a designee, the chair of the senate Committee on Finance,
1.20and the chair of the senate Division of Finance committee responsible for overseeing
1.21the items being considered by the commission, the speaker of the house or a designee,
1.22the minority leader of the house or a designee, the chair of the house of representatives
1.23Committee on Ways and Means, and the chair of the appropriate finance committee, or
1.24division of the house of representatives committee responsible for overseeing the items
1.25being considered by the commissioner commission, constitute the Legislative Advisory
1.26Commission. The division chair of the Finance Committee in the senate and the division
1.27chair of the appropriate finance committee or division in the house of representatives shall
2.1rotate according to the items being considered by the commission. If any of the members
2.2elect not to serve on the commission, the house of which they are members, if in session,
2.3shall select some other member for the vacancy. If the legislature is not in session,
2.4vacancies in the house of representatives membership of the commission shall be filled by
2.5the last speaker of the house or, if the speaker is not available, by the last chair of the house
2.6of representatives Rules Committee, and by the last senate Committee on Committees
2.7or other appointing authority designated by the senate rules in case of a senate vacancy.
2.8The commissioner of management and budget shall be secretary of the commission and
2.9keep a permanent record and minutes of its proceedings, which are public records. The
2.10commissioner of management and budget shall transmit, under section 3.195, a report to
2.11the next legislature of all actions of the commission. Members shall receive traveling and
2.12subsistence expenses incurred attending meetings of the commission. The commission
2.13shall meet from time to time upon the call of the governor or upon the call of the secretary
2.14at the request of two or more of its members. A recommendation of the commission must
2.15be made at a meeting of the commission unless a written recommendation is signed by all
2.16the members entitled to vote on the item.

2.17    Sec. 2. Minnesota Statutes 2010, section 3.3005, is amended by adding a subdivision
2.18to read:
2.19    Subd. 1a. Application. The review in this section applies to federal funds
2.20appropriated under section 4.07, subdivision 3, or federal funds appropriated under any
2.21other section, except for federal funds appropriated under section 12.22, subdivision 1.

2.22    Sec. 3. Minnesota Statutes 2010, section 3.3005, subdivision 2a, is amended to read:
2.23    Subd. 2a. Review of federal funds spending request. Twenty Thirty days after a
2.24governor's budget request that includes a request to spend federal money is submitted to
2.25the legislature under subdivision 2, a state agency may expend money included in that
2.26request unless, within the 20-day 30-day period, a member of the Legislative Advisory
2.27Commission requests further review. If a the Legislative Advisory Commission member
2.28requests further review of a federal funds spending request, the agency may not expend
2.29the federal funds until:
2.30(1) the commission's request has been satisfied and withdrawn,;
2.31(2) the expenditure is approved in law,; or
2.32(3) the regular session of the legislature is adjourned for the year.

2.33    Sec. 4. Minnesota Statutes 2010, section 3.3005, subdivision 5, is amended to read:
3.1    Subd. 5. Legislative Advisory Commission review. Federal money that becomes
3.2available under subdivision 3, 3a, or 3b, or 4 may be allotted after the commissioner of
3.3management and budget has submitted the request to the members of the Legislative
3.4Advisory Commission for their review and recommendation for further review. If
3.5a recommendation is not made within ten days, no further review by the Legislative
3.6Advisory Commission is required, and the commissioner shall approve or disapprove
3.7the request. If a recommendation by any member is for further review the governor
3.8shall submit the request to the Legislative Advisory Commission for its review and
3.9recommendation. Failure or refusal of the commission to make a recommendation
3.10promptly is a negative recommendation. If the commission makes a negative
3.11recommendation or a recommendation for further review on a request within 30 days after
3.12the date the request was submitted, the commissioner shall not approve expenditure of
3.13that federal money. If a request to expend federal money submitted under this subdivision
3.14receives a negative recommendation or a recommendation for further review, the request
3.15may be submitted again under subdivision 2. If the members of the commission make
3.16a positive recommendation or no recommendation, the commissioner shall approve or
3.17disapprove the request and the federal money may be allotted for expenditure.

3.18    Sec. 5. Minnesota Statutes 2010, section 3.3005, subdivision 6, is amended to read:
3.19    Subd. 6. Interim procedures; nonurgencies. If federal money becomes available
3.20to the state for expenditure after the deadline in subdivision 2 or while the legislature is
3.21not in session, and subdivision 4 does not apply, a request to expend the federal money
3.22may be submitted by the commissioner of management and budget to members of
3.23the Legislative Advisory Commission for their review and recommendation. This The
3.24commissioner may submit a request must be submitted by October 1 to the Legislative
3.25Advisory Commission under this subdivision on August 1 and October 15 of any year. If
3.26any member of the commission makes a negative recommendation or a recommendation
3.27for further review on a request by October 20 of the same year within 30 days after the
3.28date the request was submitted, the commissioner shall not approve expenditure of that
3.29federal money. If a request to expend federal money submitted under this subdivision
3.30receives a negative recommendation or a recommendation for further review, the request
3.31may be submitted again under subdivision 2. If the members of the commission make
3.32a positive recommendation or no recommendation, the commissioner shall approve or
3.33disapprove the request and the federal money may be allotted for expenditure.

3.34    Sec. 6. Minnesota Statutes 2010, section 12.22, subdivision 1, is amended to read:
4.1    Subdivision 1. Federal aid. Whenever the federal government, or an agency or
4.2officer of the federal government, offers to the state, or through the state to any political
4.3subdivision of the state, services, equipment, supplies, materials, or funds by way of gift,
4.4grant or loan, for the purposes of emergency management, the state, acting through the
4.5governor, or the political subdivision, acting with the consent of the governor and through
4.6its governing body, may accept the offer and then may authorize an officer of the state
4.7or of the political subdivision, as the case may be, to receive the services, equipment,
4.8supplies, materials, or funds on behalf of the state or the political subdivision and subject
4.9to the terms of the offer and the rules, if any, of the agency making the offer. However,
4.10Money received by the governor or any state agency under this subdivision is appropriated
4.11to the state agency receiving the funds to carry out the emergency management purposes
4.12for which the money is received. Section 3.3005 does not apply to money appropriated
4.13under this section. No money or other funds may be accepted or received as a loan nor any
4.14indebtedness incurred except as provided by law.

4.15    Sec. 7. Minnesota Statutes 2010, section 116.03, subdivision 3, is amended to read:
4.16    Subd. 3. Federal funds. The commissioner of the Pollution Control Agency is
4.17the state agent to apply for, receive, and disburse federal funds made available to the
4.18state by federal law or rules and regulations promulgated thereunder for any purpose
4.19related to the powers and duties of the Pollution Control Agency or the commissioner.
4.20The commissioner shall comply with any and all requirements of such federal law or
4.21such rules and regulations promulgated thereunder to facilitate application for, receipt,
4.22and disbursement of such funds. All such moneys received by the commissioner
4.23shall be deposited in the state treasury and are hereby annually appropriated to the
4.24commissioner for the purposes for which they are received. None of such moneys in the
4.25state treasury shall cancel and they shall be available for expenditure in accordance with
4.26the requirements of federal law.
4.27The provisions of section 3.3005 shall not apply to money available under the
4.28federal Comprehensive Environmental Response, Compensation, and Liability Act of
4.291980, United States Code, title 42, sections 9601 to 9657, for which a state match is not
4.30required or for which a state match is available under the Environmental Response and
4.31Liability Act or from a political subdivision. The receipt of the money shall be reported
4.32to the Legislative Advisory Commission.

4.33    Sec. 8. REPEALER.
4.34Minnesota Statutes 2010, section 3.3005, subdivision 4, is repealed.

5.1ARTICLE 2
5.2STATE GOVERNMENT

5.3    Section 1. Minnesota Statutes 2010, section 138.668, is amended to read:
5.4138.668 ADMISSION FEES.
5.5The Minnesota Historical Society may establish and collect reasonable fees for
5.6admission to state-owned historic sites in the state historic site network in section 138.661
5.7for deposit in an account in the state treasury. These fees shall be available to the society.

5.8    Sec. 2. FUND TRANSFER; DEPARTMENT OF ADMINISTRATION.
5.9    Subdivision 1. Transfer of funds; plant management fund. $80,000 in fiscal year
5.102012 is transferred from the plant management fund to the general fund. The amount
5.11represents proceeds from the sale of assets and other revenues related to resource recovery
5.12activities. This is a onetime transfer.
5.13    Subd. 2. Transfer of funds; special revenue fund. $6,512 in fiscal year 2012 is
5.14transferred from the special revenue fund to the general fund. The amount represents
5.15remaining funds in an account for a completed savings monitoring energy program. This
5.16is a onetime transfer.
5.17EFFECTIVE DATE.This section is effective the day following final enactment.

5.18ARTICLE 3
5.19VETERANS AFFAIRS

5.20
Section 1. APPROPRIATIONS.
5.21The sums shown in the columns marked "Appropriations" are appropriated to the
5.22agencies and for the purposes specified in this article. The appropriations are from the
5.23general fund and are available for the fiscal years indicated for each purpose. The figures
5.24"2012" and "2013" used in this article mean that the appropriations listed under them are
5.25available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The
5.26first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
5.27fiscal years 2012 and 2013.
5.28
APPROPRIATIONS
5.29
Available for the Year
5.30
Ending June 30
5.31
2012
2013

6.1
Sec. 2. VETERANS AFFAIRS
6.2
Subdivision 1.Total Appropriation
$
-0-
$
400,000
6.3The amounts that may be spent for each
6.4purpose are specified in the following
6.5subdivisions.
6.6
Subd. 2.Veterans Services
-0-
400,000
6.7$100,000 the second year is for a grant to the
6.8Minnesota Assistance Council for Veterans.
6.9This is a onetime appropriation.
6.10$100,000 the second year is for compensation
6.11for honor guards at the funerals of veterans
6.12in accordance with the program under
6.13Minnesota Statutes, section 197.231.
6.14$200,000 the second year is for the
6.15Veterans Service Office grant program under
6.16Minnesota Statutes, section 197.608. This is
6.17a onetime appropriation.

6.18    Sec. 3. Minnesota Statutes 2010, section 197.791, is amended by adding a subdivision
6.19to read:
6.20    Subd. 5a. Apprenticeship and on-the-job training. (a) The commissioner, in
6.21consultation with the commissioners of employment and economic development and labor
6.22and industry, shall develop and implement an apprenticeship and on-the-job training
6.23program to administer a portion of the Minnesota GI Bill program to pay benefit amounts
6.24to eligible applicants, as provided in this subdivision.
6.25(b) An "eligible employer" means an employer operating a qualifying apprenticeship
6.26or on-the-job training program that has been approved by the commissioner.
6.27(c) A person is eligible for apprenticeship and on-the-job training assistance under
6.28this subdivision if the person meets the criteria established under subdivision 4, paragraphs
6.29(a), clause (1), and (c) to (e). The amount of assistance paid to or on behalf of an eligible
6.30individual under this subdivision must not exceed the following:
6.31(1) $2,000 per fiscal year for apprenticeship expenses;
6.32(2) $2,000 per fiscal year for on-the-job training;
7.1(3) $1,000 for a job placement credit payable to an eligible employer upon hiring
7.2a person receiving assistance under this subdivision; and
7.3(4) $1,000 for a job placement credit payable to an eligible employer after a person
7.4receiving assistance under this subdivision has been employed by the eligible employer
7.5for at least 12 consecutive months as a full-time employee.
7.6No more than $3,000 in aggregate benefits under this paragraph may be paid to or on
7.7behalf of an individual in one fiscal year.
7.8(d) Assistance for apprenticeship expenses and on-the-job training is available for
7.9qualifying programs, which must, at a minimum, meet the following criteria:
7.10(1) the training must be with an eligible employer;
7.11(2) the training must be documented and reported;
7.12(3) the training must reasonably be expected to lead to an entry-level position; and
7.13(4) the position must require at least six months of training to become fully trained.

7.14    Sec. 4. Minnesota Statutes 2010, section 197.791, subdivision 6, is amended to read:
7.15    Subd. 6. Appropriation. The amount necessary to pay the benefit amounts
7.16in subdivision 5 subdivisions 5 and 5a is appropriated from the general fund to the
7.17commissioner. During any fiscal year beginning on or after July 1, 2013, the amount paid
7.18under this subdivision must not exceed $6,000,000.

7.19ARTICLE 4
7.20DEPARTMENT OF PUBLIC SAFETY

7.21
Section 1. APPROPRIATIONS.
7.22The sums shown in the columns marked "Appropriations" are appropriated to the
7.23agencies and for the purposes specified in this article. The appropriations are from the
7.24general fund, or another named fund, and are available for the fiscal years indicated
7.25for each purpose. The figures "2012" and "2013" used in this article mean that the
7.26appropriations listed under them are available for the fiscal year ending June 30, 2012, or
7.27June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
7.28year 2013. "The biennium" is fiscal years 2012 and 2013.
7.29
APPROPRIATIONS
7.30
Available for the Year
7.31
Ending June 30
7.32
2012
2013

7.33
Sec. 2. DEPARTMENT OF PUBLIC SAFETY
8.1
Subdivision 1.Total Appropriation
$
250,000
$
-0-
8.2The amounts that may be spent for each
8.3purpose are specified in the following
8.4subdivision.
8.5
Subd. 2.Public Safety Support
250,000
-0-
8.6$250,000 the first year is for soft body armor
8.7reimbursements under Minnesota Statutes,
8.8section 299A.38.

8.9ARTICLE 5
8.10MINNESOTA STATE COLLEGES AND UNIVERSITIES

8.11
Section 1. MINNESOTA STATE COLLEGES AND UNIVERSITIES.
8.12The sums shown in the columns marked "Appropriations" are appropriated to the
8.13agencies and for the purposes specified in this article. The appropriations are from the
8.14general fund and are available for the fiscal years indicated for each purpose. The figures
8.15"2012" and "2013" used in this article mean that the appropriations listed under them are
8.16available for the fiscal year ending June 30, 2012, or June 30, 2013, respectively. "The
8.17first year" is fiscal year 2012. "The second year" is fiscal year 2013. "The biennium" is
8.18fiscal years 2012 and 2013.
8.19
APPROPRIATIONS
8.20
Available for the Year
8.21
Ending June 30
8.22
2012
2013

8.23
8.24
8.25
Sec. 2. MINNESOTA STATE COLLEGES
AND UNIVERSITIES LEVERAGED
EQUIPMENT ACQUISITION
$
500,000
8.26$500,000 the second year is for leveraged
8.27equipment acquisition. For the purposes of
8.28this section, "equipment" means equipment
8.29for instructional purposes for programs that
8.30the board has determined would produce
8.31graduates with skills for which there is a
8.32high employer need within the state. An
8.33equipment acquisition may be made using
8.34this appropriation only if matched by cash or
9.1in-kind contributions from nonstate sources.
9.2This is a onetime appropriation.

9.3ARTICLE 6
9.4FLOOD-RELATED APPROPRIATIONS

9.5    Section 1. APPROPRIATIONS.
9.6(a) The appropriation in Laws 2010, Second Special Session chapter 1, article 1,
9.7section 11, is reduced by $285,000.
9.8(b) $235,000 is appropriated from the general fund in fiscal year 2012 to the
9.9commissioner of public safety to provide a match for Federal Emergency Management
9.10Agency (FEMA) disaster assistance to state agencies and political subdivisions under
9.11Minnesota Statutes, section 12.221, in the area designated under Presidential Declaration
9.12of Major Disaster, FEMA-1900-DR, for the flooding in Minnesota in the spring of 2010,
9.13whether included in the original declaration or added later by federal government action.
9.14This is a onetime appropriation and is available until expended.
9.15(c) $50,000 is appropriated from the general fund in fiscal year 2012 to the
9.16commissioner of natural resources for a grant to the Mankato Water Resources Center to
9.17prepare a report to identify potential flood mitigation measures and projects within the
9.18Zumbro River watershed as a result of the 2010 flood. By January 15 of each year, until
9.19this appropriation has been spent, the commissioner shall submit a report regarding the
9.20use of this appropriation to the chairs of the legislative committees with jurisdiction over
9.21natural resources policy and finance. This is a onetime appropriation and is available
9.22until expended.
9.23EFFECTIVE DATE.This section is effective the day following final enactment.
feedback