reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 15C - 16 — Fraudulent State Claims › Chapter 15C — False Claims Against The State › Section 15C.04 — Responsibilities Of Prosecuting Attorney.

15C.04 RESPONSIBILITIES OF PROSECUTING ATTORNEY.
Subdivision 1.
General.
A prosecuting attorney may investigate violations of section 15C.02. If a prosecuting attorney finds that a person has violated or is violating section 15C.02, the prosecuting attorney may bring a civil action under this chapter against the person to enjoin an act in violation of section 15C.02 and to recover damages and penalties.
Subd. 2.
Attorney general investigatory powers.
In connection with an investigation under this section, the attorney general has the powers listed in section 8.31, subdivisions 2 and 3.
History:
2009 c 101 art 2 s 27
2023 Minnesota Statutes › Chapters 15C - 16 — Fraudulent State Claims › Chapter 15C — False Claims Against The State › Section 15C.05 — Private Remedies; Complaint Under Seal; Copy Of Complaint And Written Disclosure Of Evidence To Be Sent To Prosecuting Attorney.

15C.05 PRIVATE REMEDIES; COMPLAINT UNDER SEAL; COPY OF COMPLAINT AND WRITTEN DISCLOSURE OF EVIDENCE TO BE SENT TO PROSECUTING ATTORNEY.
(a) Except as otherwise provided in this section, a person may maintain an action under this chapter on the person's own account and that of the state; the person's own account and that of a political subdivision; or on the person's own account and that of both the state and a political subdivision. After an action is commenced, it may be voluntarily dismissed only if the court and the prosecuting attorney give written consent to the dismissal and their reasons for consenting.
(b) If an action is brought under this section, no other person may bring another action under this section based on the same facts that are the subject of the pending action.
(c) An action may not be maintained under this section:
(1) against the state, the legislature, the judiciary, the executive branch, or a political subdivision, or respective officers, members, or employees if the action is based on evidence or information known to the state or political subdivision when the action was brought; or
(2) if the action is based upon allegations or transactions that are the subject of a civil action or an administrative proceeding for a monetary penalty to which the state or a political subdivision is already a party.
(d) A complaint in an action under this section must be commenced by filing the complaint with the court in chambers and the court must place it under seal for at least 60 days. No service may be made upon the defendant until the complaint is unsealed.
(e) If a complaint is filed under this section, the plaintiff shall serve a copy of the complaint on the prosecuting attorney in accordance with the Minnesota Rules of Civil Procedure and at the same time shall serve a written disclosure of all material evidence and information the plaintiff possesses.
(f) A court must dismiss an action or claim under this section, unless opposed by the prosecuting attorney, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed:
(1) in a criminal, civil, or administrative hearing in which the state or a political subdivision or its agent is a party;
(2) in a report, hearing, audit, or investigation of the legislature, the governing body of a political subdivision, the legislative auditor, or the state auditor; or
(3) by the news media.
This paragraph does not apply if the action or claim is brought by the prosecuting attorney or the person bringing the action or claim is an original source of the information.
History:
2009 c 101 art 2 s 28; 2013 c 16 s 3
2023 Minnesota Statutes › Chapters 15C - 16 — Fraudulent State Claims › Chapter 15C — False Claims Against The State › Section 15C.06 — Prosecuting Attorney Intervention; Motion To Extend Time; Unsealing Of Complaint.

15C.06 PROSECUTING ATTORNEY INTERVENTION; MOTION TO EXTEND TIME; UNSEALING OF COMPLAINT.
(a) Within 60 days after receiving a complaint and disclosure under section 15C.05, the prosecuting attorney shall intervene or decline intervention or, for good cause shown, move the court to extend the time for doing so. The motion may be supported by affidavits or other submissions in chambers.
(b) The complaint must be unsealed after the prosecuting attorney decides whether or not to intervene.
(c) Notwithstanding the prosecuting attorney's decision regarding intervention in an action brought by a plaintiff under section 15C.05, the prosecuting attorney may pursue the claim through any alternate remedy available to the state, including an administrative proceeding to determine a civil monetary penalty. If the prosecuting attorney pursues an alternate remedy in another proceeding, the person initiating the action has the same rights in that proceeding as if the action had continued under section 15C.05. A finding of fact or conclusion of law made in the other proceeding that has become final is conclusive on all parties to an action under section 15C.05. For purposes of this paragraph, a finding or conclusion is final if it has been finally determined on appeal to the appropriate state court, if the time for filing an appeal has expired, or if the finding or conclusion is not subject to judicial review.
History:
2009 c 101 art 2 s 29
2023 Minnesota Statutes › Chapters 15C - 16 — Fraudulent State Claims › Chapter 15C — False Claims Against The State › Section 15C.07 — Service Of Unsealed Complaint And Response By Defendant.

15C.07 SERVICE OF UNSEALED COMPLAINT AND RESPONSE BY DEFENDANT.
When unsealed, the complaint must be served on the defendant pursuant to rule 3 of the Minnesota Rules of Civil Procedure. The defendant must respond to the complaint within 20 days after it is served on the defendant.
History:
2009 c 101 art 2 s 30
2023 Minnesota Statutes › Chapters 15C - 16 — Fraudulent State Claims › Chapter 15C — False Claims Against The State › Section 15C.08 — Prosecuting Attorney And Private Party Roles.

15C.08 PROSECUTING ATTORNEY AND PRIVATE PARTY ROLES.
(a) Except as otherwise provided by this section, if the prosecuting attorney does not intervene at the outset in an action brought by a person under section 15C.05, the person has the same rights in conducting the action as the prosecuting attorney would have. A copy of each pleading or other paper filed in the action and a copy of the transcript of each deposition taken must be mailed to the prosecuting attorney if the prosecuting attorney so requests and pays the cost of doing so.
(b) If the prosecuting attorney elects not to intervene at the outset of the action, the court, without limiting the status and rights of the person initiating the action, may nevertheless permit the prosecuting attorney to intervene at a later date, upon a showing of good cause. If the prosecuting attorney so intervenes, the prosecuting attorney subsequently has primary responsibility for conducting the action.
(c) If the prosecuting attorney elects at the outset of the action to intervene, the prosecuting attorney has the primary responsibility for prosecuting the action. The person who initially brought the action remains a party but the person's acts do not bind the prosecuting attorney.
(d) If the prosecuting attorney elects to intervene, either at the outset or subsequently, the prosecuting attorney may file the prosecuting attorney's own complaint or amend the complaint of the person who initially brought the action to clarify or add details to the claims in which the prosecuting attorney is intervening and to add any additional claims with respect to which the prosecuting attorney contends the prosecuting attorney is entitled to relief. For statute of limitations purposes, any prosecuting attorney pleading relates back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the prosecuting attorney arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.
(e) Whether or not the prosecuting attorney intervenes in the action, the prosecuting attorney may move to dismiss the action for good cause. The person who brought the action must be notified of the filing of the motion and may oppose it and present evidence at the hearing. The prosecuting attorney may also settle the action. If the prosecuting attorney intends to settle the action, the prosecuting attorney shall notify the person who brought the action. The state or the political subdivision may settle the action with the defendant notwithstanding the objections of the person initiating the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, the hearing may be held in chambers.
History:
2009 c 101 art 2 s 31; 2013 c 16 s 4
2023 Minnesota Statutes › Chapters 15C - 16 — Fraudulent State Claims › Chapter 15C — False Claims Against The State › Section 15C.09 — Stay Of Discovery; Extension.

15C.09 STAY OF DISCOVERY; EXTENSION.
(a) The court may stay discovery by a person who brought an action under section 15C.05 for not more than 60 days if the prosecuting attorney shows that the proposed discovery would interfere with the investigation or prosecution of a civil or criminal matter arising out of the same facts, whether or not the prosecuting attorney participates in the action.
(b) The court may extend the stay upon a further showing that the prosecuting attorney has pursued the civil or criminal investigation or proceeding with reasonable diligence and that the proposed discovery would interfere with its continuation. Discovery may not be stayed for a total of more than six months over the objection of the person who brought the action, except for good cause shown by the prosecuting attorney.
(c) A showing made pursuant to this section must be made in chambers.
History:
2009 c 101 art 2 s 32
2023 Minnesota Statutes › Chapters 15C - 16 — Fraudulent State Claims › Chapter 15C — False Claims Against The State › Section 15C.10 — Court-imposed Limitation Upon Participation Of Private Plaintiff In Action.

15C.10 COURT-IMPOSED LIMITATION UPON PARTICIPATION OF PRIVATE PLAINTIFF IN ACTION.
Upon a showing by the prosecuting attorney in an action in which the prosecuting attorney has intervened that unrestricted participation by a person under this chapter would interfere with or unduly delay the conduct of the action, or would be repetitious, irrelevant, or solely for harassment, the court may limit the person's participation by limiting the number of witnesses, the length of the testimony of the witnesses, the cross-examination of witnesses by the person, or by other measures.
History:
2009 c 101 art 2 s 33
2023 Minnesota Statutes › Chapters 15C - 16 — Fraudulent State Claims › Chapter 15C — False Claims Against The State › Section 15C.11 — Limitation Of Actions; Remedies.

15C.11 LIMITATION OF ACTIONS; REMEDIES.
(a) An action under this chapter may not be commenced more than three years after the date of discovery of the fraudulent activity by the prosecuting attorney or more than six years after the fraudulent activity occurred, whichever occurs later, but in no event more than ten years after the date on which the violation is committed.
(b) A finding of guilt in a criminal proceeding charging a false statement or fraud, whether upon a verdict of guilty or a plea of guilty or nolo contendere, stops the person found guilty from denying an essential element of that offense in an action under this chapter based upon the same transaction as the criminal proceeding.
(c) In an action under this chapter, the state or the political subdivision and any plaintiff under section 15C.05 must prove the essential elements of the cause of action, including damages, by a preponderance of the evidence.
History:
2009 c 101 art 2 s 34
2023 Minnesota Statutes › Chapters 15C - 16 — Fraudulent State Claims › Chapter 15C — False Claims Against The State › Section 15C.12 — Award Of Expenses And Attorney Fees.

15C.12 AWARD OF EXPENSES AND ATTORNEY FEES.
If the prosecuting attorney or a person who brought an action under section 15C.05 prevails in or settles an action under this chapter, the court shall award the prosecuting attorney or person reasonable costs, reasonable attorney fees, and the reasonable fees of expert consultants and expert witnesses. These expenses must be awarded against the defendant and are not allowed against the state or a political subdivision. If the prosecuting attorney does not intervene in the action and the person bringing the action conducts the action and the defendant prevails in the action, the court shall award to the defendant reasonable expenses and attorney fees against the person bringing the action if it finds that the action was clearly frivolous or vexatious or brought in substantial part for harassment. The state or a political subdivision is not liable for expenses, attorney fees, or other costs incurred by a person in bringing or defending an action under this chapter.
History:
2009 c 101 art 2 s 35; 2013 c 16 s 5
2023 Minnesota Statutes › Chapters 15C - 16 — Fraudulent State Claims › Chapter 15C — False Claims Against The State › Section 15C.13 — Distribution To Private Plaintiff In Certain Actions.

15C.13 DISTRIBUTION TO PRIVATE PLAINTIFF IN CERTAIN ACTIONS.
If the prosecuting attorney intervenes at the outset in an action brought by a person under section 15C.05, the person is entitled to receive not less than 15 percent or more than 25 percent of any recovery of the civil penalty and damages or settlement, depending on the extent to which the person substantially contributed to the conduct of the action. If the prosecuting attorney does not intervene in the action at any time, the person is entitled to receive not less than 25 percent or more than 30 percent of any recovery of the civil penalty and damages, or settlement, as the court determines is reasonable. If the prosecuting attorney does not intervene in the action at the outset but subsequently intervenes, the person is entitled to receive not less than 15 percent or more than 30 percent of any recovery of the civil penalty and damages or settlement, as the court determines, depending on the extent to which the person substantially contributed to the prosecution of the action. For recoveries whose distribution is governed by federal code or rule, the basis for calculating the portion of the recovery the person is entitled to receive shall not include amounts reserved for distribution to the federal government or designated in their use by federal code or rule.
History:
2009 c 101 art 2 s 36; 2010 c 310 art 14 s 1; 2013 c 16 s 6
2023 Minnesota Statutes › Chapters 15C - 16 — Fraudulent State Claims › Chapter 15C — False Claims Against The State › Section 15C.145 — Relief From Retaliatory Actions.

15C.145 RELIEF FROM RETALIATORY ACTIONS.
(a) An employee, contractor, or agent is entitled to all relief necessary to make that employee, contractor, or agent whole if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this chapter or other efforts to stop one or more violations of this chapter.
(b) Relief under paragraph (a) shall include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney fees.
(c) A civil action under this section may not be brought more than three years after the date when the retaliation occurred.
History:
2013 c 16 s 7
2023 Minnesota Statutes › Chapters 15C - 16 — Fraudulent State Claims › Chapter 15C — False Claims Against The State › Section 15C.15 — Deposit Of State Funds; False Claims Account.

15C.15 DEPOSIT OF STATE FUNDS; FALSE CLAIMS ACCOUNT.
Subdivision 1.
Deposit of funds.
The net proceeds received by the state in an action under this chapter, after distributions made to private plaintiffs and as otherwise required by federal law, must be deposited in the state treasury and credited as follows:
(1) the portion of net proceeds equal to the amount of the actual damages that the state sustains because of an act specified in section 15C.02 must be credited to the fund that sustained the damages;
(2) the portion of net proceeds equal to the additional recovery of federal money authorized by United States Code, title 42, section 1396h, for a recovery under this chapter, as determined by the commissioner of management and budget, must be credited to the false claims account under subdivision 2, provided that the amount credited may not exceed $1,000,000 in a fiscal year; and
(3) the remainder of the net proceeds must be credited to the general fund.
Subd. 2.
False claims account.
A false claims account is established in the special revenue fund in the state treasury. The commissioner of management and budget may enter into interagency agreements to deposit up to $2,055,000 for litigation and related expenses under this chapter. Money in the account deposited through interagency agreement or under subdivision 1 is annually appropriated to the attorney general for purposes of this chapter.
History:
2009 c 101 art 2 s 38,109
2023 Minnesota Statutes › Chapters 15C - 16 — Fraudulent State Claims › Chapter 15C — False Claims Against The State › Section 15C.16 — Reporting.

15C.16 REPORTING.
The attorney general shall report to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over state government finance by January 15 each year, on activities under this chapter during the prior calendar year. The report must include:
(1) the number of complaints received by the attorney general under section 15C.05;
(2) the number of times the attorney general intervened and declined to intervene after receiving a complaint;
(3) an estimate of the amount of time spent by attorneys in the attorney general's office and an estimate of the amount of time spent by other staff in the attorney general's office on activities under this chapter; and
(4) net proceeds received by the state in each action under this chapter.
History:
2009 c 101 art 2 s 39
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.01 — Department Of Management And Budget; Commissioner; Employees.

16A.01 DEPARTMENT OF MANAGEMENT AND BUDGET; COMMISSIONER; EMPLOYEES.
Subdivision 1.
Commissioner.
The commissioner of management and budget manages the Department of Management and Budget, which may also be known as Minnesota Management and Budget. The commissioner is the state's controller and chief accounting and financial officer.
Subd. 2.
Appointment; qualification.
The governor appoints the commissioner under section 15.06. The commissioner must have broad experience as an executive financial manager.
Subd. 3.
Deputy; confidential secretary.
The commissioner may appoint a deputy and a confidential secretary. Each serves at the commissioner's pleasure in the unclassified service.
Subd. 4.
Organize, hire, delegate.
The commissioner shall:
(1) organize the department;
(2) hire the agents and classified civil service employees necessary to run the department;
(3) define their duties; and
(4) set conditions for, and control, delegation of the commissioner's powers, duties, and responsibilities to them.
History:
1973 c 492 s 1; 1977 c 305 s 8,9; 1984 c 628 art 2 s 1; 2009 c 101 art 2 s 40,109
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.012 — Warrants; Discounts.

16A.012 WARRANTS; DISCOUNTS.
The commissioner of management and budget shall in no case purchase, redeem, or receive any warrant at less than its face value, nor receive any fee or reward for transacting any official duty, other than the salary provided by law. If the public revenue shall suffer loss by reason of the commissioner's failure to call delinquents to account when required to do so by law, the commissioner shall be accountable for all sums due from such delinquents as if the same had been paid.
History:
RL s 46; 1986 c 444; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.014 — Administration Of Gifts.

16A.014 ADMINISTRATION OF GIFTS.
In case any such gift, bequest, devise, or endowment is so accepted, the same and the proceeds thereof shall be administered and applied according to the terms of the will, deed of gift, or other instrument defining, providing for, creating, or establishing the same; but all such property and funds shall be held by the commissioner of management and budget in an official capacity and paid out and disbursed the same as other state funds.
History:
1907 c 170 s 2; 1986 c 444; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.015 — Investment Of Gifts.

16A.015 INVESTMENT OF GIFTS.
In case it is provided by the terms of such will, deed of gift, or other instrument that the capital of the money, property, or fund constituting such gift, bequest, devise, or endowment, or any part of such capital, shall be kept invested, the same shall be invested and kept invested in the same manner and by the same officers or body as the school funds of the state are by law required to be invested.
History:
1907 c 170 s 3; 2003 c 112 art 2 s 50
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.016 — Payment; Appropriation.

16A.016 PAYMENT; APPROPRIATION.
Subdivision 1.
Payment; expenditure.
In the event such gift, bequest, devise, or endowment is made or designated by the donor for a certain institution, department, or agency, the commissioner of management and budget shall, from time to time, pay out in the usual manner, upon the order of the board, commission, or other body charged with the direct and immediate supervision, control, or management of the designated institution, department, or agency, all money which may become available for such purpose under the terms of such will, deed or gift, or other instrument; and the same shall be expended and applied by this board, commission, or other body as nearly as may be in accordance with the terms and conditions of such gift, bequest, devise, or endowment.
Subd. 2.
Appropriation.
There is hereby appropriated from the fund in the state treasury created under sections 16A.013 to 16A.015, to which such money was credited to such person, department, agency, or institution as is entitled to such payment an amount sufficient to carry out the terms and conditions of such gift, bequest, devise, or endowment.
History:
1907 c 170 s 4; 1941 c 353 s 2; 1959 c 158 s 1; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.04 — Budget And Cash Projection.

16A.04 BUDGET AND CASH PROJECTION.
Subdivision 1.
To prepare, consult, supervise.
The commissioner shall prepare the biennial budget with projections of revenues and expenditures for both the biennial budget period and the biennium following the biennial budget period. The governor shall supervise the preparation unless there is a governor-elect, who then shall provide the supervision.
Subd. 2.
[Repealed, 1984 c 628 art 2 s 4]
Subd. 3.
[Repealed, 1984 c 628 art 2 s 4]
Subd. 4.
[Renumbered 16A.041]
History:
1973 c 492 s 4; 1984 c 628 art 2 s 1; art 6 s 1; 1984 c 654 art 2 s 51,52; 1993 c 192 s 46
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.041 — Rulemaking.

16A.041 RULEMAKING.
The commissioner may make rules on the powers, duties, and responsibilities given to the department or the commissioner under state law.
History:
1973 c 492 s 4; 1984 c 628 art 2 s 1; art 6 s 1; 1984 c 654 art 2 s 51,52
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.0561 — Mapped Data On Expenditures.

16A.0561 MAPPED DATA ON EXPENDITURES.
(a) Data on expenditure of money from the funds as specified under sections 3.303, subdivision 10, and 116P.08 may, if practicable, be made available on the web in a manner that allows the public to obtain information about a project receiving an appropriation by clicking on a map. To the extent feasible, the map should include or link to information about each project, including, but not limited to, the location, the name of the entity receiving the appropriation, the source of the appropriation, the amount of money received, and a general statement of the purpose of the appropriation.
(b) If requested, the Legislative Coordinating Commission may, to the extent practicable, provide relevant executive branch agencies with public geospatial data that it receives for its website required under section 3.303, subdivision 10. The commissioner may make this information available to the public in a similar manner as information provided under paragraph (a).
(c) In creating plans for public expenditures from all geographically locatable or project based appropriations, prospective budget and project planning should consider geographic and data reporting that would facilitate the goals of this section.
History:
2010 c 392 art 1 s 2
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.06 — Additional Commissioner Duties And Powers.

16A.06 ADDITIONAL COMMISSIONER DUTIES AND POWERS.
Subdivision 1.
Agency to comply.
The commissioner has the duties and powers stated in this section. An executive agency must do what the commissioner requires of it under this section.
Subd. 2.
Financial reports.
The commissioner from time to time shall require an executive agency to prepare financial reports on department forms so the administration and the legislature can compare spending plans with appropriations for programs and activities.
Subd. 3.
Evaluate and compare costs.
The commissioner shall provide a system to measure the effect of fund expenditures so as to evaluate and compare the cost of functions or programs.
Subd. 4.
Reporting agency performance.
Executive agencies shall prepare performance-based budget plans according to schedules, forms, and standards as established by the commissioner. The commissioner may also require other periodic reports of agency performance.
Subd. 5.
Estimates.
The commissioner from time to time shall require an executive agency to report estimates of its income and receipts. The commissioner shall use the estimates to evaluate the state's financial condition.
Subd. 6.
Report on financial affairs.
The commissioner shall, when directed, report on the state's financial affairs to the governor.
Subd. 7.
Information for policy making.
The commissioner shall obtain from an executive agency any information needed to make state financial policy.
Subd. 8.
[Repealed, 1994 c 632 art 3 s 65]
Subd. 9.
[Repealed, 2013 c 134 s 31]
Subd. 10.
[Repealed, 2003 c 112 art 1 s 19]
Subd. 11.
Permanent school fund reporting.
The commissioner shall annually report to the Legislative Permanent School Fund Commission and the legislature the amount of the permanent school fund transfer and information about the investment of the permanent school fund provided by the State Board of Investment. The State Board of Investment shall provide information about how they maximized the long-term economic return of the permanent school fund.
Subd. 12.
Audit of state's use of federal funds.
The commissioner shall contract with a qualified auditor to conduct the annual audit required by the Single Audit Act of 1984, Public Law 98-502; the Single Audit Act Amendments of 1996, Public Law 104-156; and Code of Federal Regulations, title 2, part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). The cost of the audit shall be billed to the agencies audited during the subsequent fiscal year. Amounts paid by state agencies shall be deposited in the general fund.
History:
1973 c 492 s 6; 1973 c 582 s 3; 1984 c 628 art 2 s 1; 1984 c 654 art 2 s 53; 1987 c 275 s 2; 1993 c 192 s 48; 1996 c 438 art 4 s 1; 1Sp2001 c 10 art 2 s 20; 2008 c 357 s 1; 2009 c 96 art 1 s 1; 2009 c 101 art 2 s 109; 2012 c 249 s 2; 2012 c 286 art 8 s 1; 2012 c 298 s 7; 1Sp2021 c 12 art 2 s 4
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.061 — May Issue Commemorative Medallions.

16A.061 MAY ISSUE COMMEMORATIVE MEDALLIONS.
The commissioner of management and budget may issue medallions to commemorate popular contemporaneous events of statewide interest.
The commissioner of management and budget may make reasonable arrangements with public or private entities for the production, distribution, marketing, and sale of the medallions. The commissioner of management and budget or other entity may solicit and receive nonstate funds or in-kind contributions in connection with any part of the medallion program. Proceeds from sales, nonstate funds, and in-kind contributions must be deposited in a dedicated account.
Money in the account is appropriated to the commissioner of management and budget for purposes of the program. Any profit earned on the sale of the medallions must be used for grants to support the event for which the medallions were issued. The state grant must be matched by an equal amount from private sources.
History:
1991 c 345 art 1 s 41; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.065 — Prepay Software, Subscriptions, United States Documents.

16A.065 PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED STATES DOCUMENTS.
Notwithstanding section 16A.41, subdivision 1, the commissioner may allow an agency to make advance deposits or payments for software or software maintenance services for state-owned or leased electronic data processing equipment, for information technology hosting services, for sole source maintenance agreements where it is not cost-effective to pay in arrears, for exhibit booth space or boat slip rental when required by the renter to guarantee the availability of space, for registration fees where advance payment is required or advance payment discount is provided, for newspaper, magazine, and other subscription fees, and other costs where advance payment discount is provided or are customarily paid for in advance. The commissioner may also allow advance deposits by any department with the Library of Congress and federal Supervisor of Documents for items to be purchased from those federal agencies.
History:
1980 c 614 s 54; 1984 c 544 s 4; 1984 c 628 art 2 s 1; 1984 c 654 art 2 s 54; 1985 c 248 s 6; 1989 c 271 s 1; 1993 c 192 s 49; 2006 c 181 s 1; 2015 c 77 art 2 s 6; 1Sp2019 c 10 art 3 s 3
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.067 — Taxpayer Receipt.

16A.067 TAXPAYER RECEIPT.
(a) The commissioner, in consultation with the commissioner of revenue, must develop and publish on the Department of Management and Budget's website an interactive taxpayer receipt in accordance with this section. The receipt must describe the share of state general fund expenditures represented by major expenditure categories in the most recent fiscal year for which data is available. The receipt must show the approximate allocation of motor vehicle fuel taxes among eligible transportation purposes.
(b) For each expenditure category, the receipt must include select data on the performance goals and outcomes for the category, based on the goals and outcomes data required under section 16A.10, subdivision 1b.
(c) The website must allow a user to input an income amount, and must estimate the amount of major state taxes paid by the user. The website must allocate the user's estimated state tax liability to each major expenditure category based on the category's percentage share of total state general fund spending. For the purposes of this section, "major state taxes" means income, sales, alcohol, tobacco, and motor vehicle fuels taxes.
(d) Using the income amount entered by the user, the website must estimate the amount of income and direct sales taxes paid based upon the taxpayer's income. The website must allow a user to indicate whether the user used tobacco, consumed alcohol, or purchased motor vehicle fuel in the previous year, and provide a corresponding estimate of the cigarette, alcohol, and motor vehicle fuel taxes paid by the user.
(e) The commissioner of management and budget, in consultation with the commissioner of revenue, must update the receipt by December 31 of each year, and must annually promote to the public the availability of the website.
History:
2023 c 64 art 15 s 3
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.091 — Accountability And Performance Management.

16A.091 ACCOUNTABILITY AND PERFORMANCE MANAGEMENT.
(a) The commissioner of management and budget is responsible for the coordination, development, assessment, and communication of information, performance measures, planning, and policy concerning the state's future.
(b) The commissioner must develop a statewide system of economic, social, and environmental performance measures. The commissioner must provide information to assist public and elected officials with understanding the status of these performance measures.
(c) The commissioner may appoint one deputy with principal responsibility for planning, strategy, and performance management.
History:
2023 c 62 art 2 s 51
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.095 — State Budget System.

16A.095 STATE BUDGET SYSTEM.
Subdivision 1.
MS 1976 [Repealed, 1977 c 455 s 95]
Subdivision 1.
Rules and instructions.
The commissioner shall make rules and instructions for budget preparation. They must deal with classifying expenditures and with the content and submission of budget requests and performance measures for each budget activity.
Subd. 2.
Budget improvements.
The commissioner may choose executive agencies to test improvements in the budget system. The commissioner shall recommend required legislation to install improvements in the budget system for all agencies that submit budget information in the system. The budget system must classify expenditures by programs and budget activities and, to the greatest extent practicable, emphasize alternative approaches in program development and criteria to evaluate and measure performance.
Subd. 2a.
Mutual cooperation; due regard.
Executive agencies must cooperate with the commissioner in preparing the budget. The budget must meet the commissioner's requirements while giving due regard to the executive agencies' requirements.
Subd. 3.
[Repealed, 1993 c 192 s 110]
History:
1976 c 231 s 4; 1977 c 455 s 71; 1984 c 628 art 2 s 1; 2013 c 134 s 16
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.101 — Service Contracts; Expenditures.

16A.101 SERVICE CONTRACTS; EXPENDITURES.
The state accounting system must list expenditures for professional and technical service contracts, as defined in section 16C.08, subdivision 1, as a separate category. No other expenditures may be included in this category.
History:
1995 c 254 art 1 s 44; 1998 c 386 art 2 s 11
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.102 — Budgeting Revenues Relative To Personal Income.

16A.102 BUDGETING REVENUES RELATIVE TO PERSONAL INCOME.
Subdivision 1.
[Repealed, 2007 c 148 art 2 s 84]
Subd. 2.
[Repealed, 2007 c 148 art 2 s 84]
Subd. 3.
[Repealed, 2007 c 148 art 2 s 84]
Subd. 4.
Reporting information.
At the time of a state revenue and expenditure forecast as specified in section 16A.103, subdivision 1, and after the completion of a legislative session, the Department of Management and Budget must report on revenue relative to personal income. The information must specify (1) the share of personal income to be collected in taxes and other revenues to pay for state and local government services and (2) the division of that revenue between state and local government revenues.
History:
1994 c 587 art 7 s 1; 1998 c 389 art 16 s 8,9; 1999 c 250 art 1 s 45; 1Sp2003 c 1 art 2 s 31; 2004 c 284 art 2 s 4; 2007 c 148 art 2 s 11; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.105 — Debt Capacity Forecast.

16A.105 DEBT CAPACITY FORECAST.
In February and November of each year the commissioner shall prepare a debt capacity forecast to be delivered to the governor and legislature according to section 16A.103, subdivision 1. The debt capacity forecast must include statements of the indebtedness of the state for bonds, notes, and other forms of long-term general obligation indebtedness. The forecast must show the actual amount of the debt service for at least the past two completed fiscal years, and the estimated amount for the current fiscal year and the next six fiscal years, the debt authorized and unissued, and the borrowing capacity for the next six fiscal years.
History:
1991 c 342 s 1; 1993 c 192 s 52; 1998 c 404 s 28
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.115 — Relocation Requests.

16A.115 RELOCATION REQUESTS.
An agency request for an appropriation to fund relocation of all or part of the agency must include a statement of the cost per square foot of space currently occupied by the affected part of the agency, and the anticipated cost per square foot of the space the affected part of the agency will occupy after the proposed relocation.
History:
1994 c 643 s 32
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.122 — Work Force Planning And Reporting.

16A.122 WORK FORCE PLANNING AND REPORTING.
Subdivision 1.
Agency authorized work force.
Within any limits imposed by law, state agencies may establish full-time, part-time, or seasonal positions as necessary to carry out assigned responsibilities and missions except that actual levels of employment are limited by availability of appropriated funding for salaries and benefits.
Subd. 2.
Transfers from grants prohibited.
Unless otherwise provided by law or section 16B.98, subdivision 14, an agency must not use grant or flow-through funds for salaries or other operating purposes.
Subd. 3.
Work force reporting.
The commissioner shall prepare quarterly work force reports as required for accurate reporting of state employment levels, whether for internal analysis or for nationwide comparisons of public employment levels. The reports shall express total employment in terms of full-time equivalent positions; shall indicate changes from previous reporting periods; and shall take into account all positions, including full-time, part-time, temporary, and other employees. In this subdivision, a full-time equivalent position means 2,080 working hours per year; except that the number of work hours may vary, depending upon the exact number of working days in any given year. Independent contractors are not to be included within the definition of a full-time equivalent position.
Subd. 4.
Budget reporting.
For purposes of budgetary reporting, position counts must be expressed as full-time equivalents as stipulated in subdivision 3. Estimated positions must be based on actual funding in the year indicated. The biennial budget document submitted to the legislature by the governor shall indicate full-time equivalent base level positions, the number of projected positions, and the number of positions for each of the two years before the base year. The governor's budget recommendations shall clearly specify any proposed changes in full-time equivalent positions. All fiscal notes and any other budgetary items submitted to the legislature shall specify relevant changes, both in full-time equivalent positions and accompanying changes in salary dollars.
History:
1993 c 192 s 55; 2023 c 62 art 7 s 1
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.1245 — Prompt Payment To Subcontractors.

16A.1245 PROMPT PAYMENT TO SUBCONTRACTORS.
Each state agency contract must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the state for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
History:
1990 c 541 s 1
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.126 — Revolving Fund Billing.

16A.126 REVOLVING FUND BILLING.
Subdivision 1.
Set rates.
The commissioner shall approve the rates an agency must pay to a revolving fund for services. Funds subject to this subdivision include, but are not limited to, the revolving funds established in sections 14.46; 14.53; 16B.2975, subdivision 4; 16B.48; 16B.54; 16B.58; 16B.85; 16E.14; 43A.55; and 176.591; the fund established in section 43A.30; and the account established in section 16A.1286.
[See Note.]
Subd. 2.
Immediate needs.
To reduce reserves for unforeseen needs, and so reduce these rates, the commissioner may transfer money from the general fund to a revolving fund. Before doing so, the commissioner must decide there is not enough money in the revolving fund for an immediate, necessary expenditure. The amount necessary to make the transfer is appropriated from the general fund to the commissioner of management and budget. The commissioner shall report the amount and purpose of the transfer to the chair of the committee or division in the senate and house of representatives with primary jurisdiction over the budget of the Department of Management and Budget.
Subd. 3.
Repayment schedules.
The commissioner shall make schedules for repayment to the general fund of the transferred money. A schedule to repay money used to buy equipment may extend over the equipment's useful life. Otherwise, a schedule may not extend beyond five years. The repayment must include interest at a rate comparable to the rate earned by the state on invested commissioner of management and budget's cash, as determined monthly by the commissioner. An amount necessary to pay the interest is appropriated from the revolving fund to which the transfer was made.
History:
1976 c 231 s 5; 1977 c 410 s 5; 1979 c 333 s 72; 1980 c 614 s 55; 1984 c 628 art 2 s 1; 1987 c 275 s 3; 1999 c 250 art 1 s 48; 2000 c 488 art 12 s 11; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 45,109; 2010 c 382 s 6; 2014 c 196 art 2 s 15; art 3 s 1; 2015 c 21 art 1 s 5; 2023 c 62 art 2 s 55
NOTE:
The amendment to subdivision 1 by Laws 2023, chapter 62, article 2, section 55, is effective July 1, 2024. Laws 2023, chapter 62, article 2, section 55, the effective date.
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16A — Department Of Management And Budget › Section 16A.1283 — Legislative Approval Required For Fees.

16A.1283 LEGISLATIVE APPROVAL REQUIRED FOR FEES.
(a) Notwithstanding any law to the contrary, an executive branch state agency may not impose a new fee or increase an existing fee unless the new fee or increase is approved by law. For purposes of this section, a fee is any charge for goods, services, regulation, or licensure, and, notwithstanding paragraph (b), clause (3), includes charges for admission to or for use of public facilities owned by the state.
(b) This section does not apply to:
(1) charges billed within or between state agencies, or billed to federal agencies;
(2) the Minnesota State Colleges and Universities system;
(3) charges for goods and services provided for the direct and primary use of a private individual, business, or other entity;
(4) charges that authorize use of state-owned lands and minerals administered by the commissioner of natural resources by the issuance of leases, easements, cooperative farming agreements, and land and water crossing licenses and charges for sales of state-owned lands administered by the commissioner of natural resources; or
(5) state park fees and charges established by commissioner's order.
(c) An executive branch agency may reduce a fee that was set by rule before July 1, 2001, without legislative approval. Chapter 14 does not apply to fee reductions under this paragraph.
History:
1999 c 250 art 1 s 49; 2001 c 206 s 1; 2003 c 28 art 1 s 1