HF 1965

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am

A bill for an act
relating to local government; allowing county governments to opt out of state
mandates; proposing coding for new law as Minnesota Statutes, chapter 471B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [471B.01] STATE MANDATE OPT OUT.
new text end

new text begin Subdivision 1. new text end

new text begin Local procedure. new text end

new text begin A county government may opt out of any of the
state mandates listed in subdivision 3 by written resolution of the governing body after
public notice and hearing. A county shall adopt a separate resolution for each mandate for
which it proposes to opt out. The resolution must:
new text end

new text begin (1) specifically cite the state law or rule that imposes the mandate on the county
government;
new text end

new text begin (2) identify any costs of complying with the mandate and the total amount of federal
and state funds available for complying with the mandate;
new text end

new text begin (3) state the reasons the county needs to opt out of the state mandate; and
new text end

new text begin (4) indicate how the county intends to otherwise meet the objectives of the mandate
or why the objectives should not apply to the county.
new text end

new text begin (b) Before voting on the resolution, the county shall give public notice of the
proposed resolution, including information on whether state or federal funding for the
county might be adversely affected. If the county adopts the resolution, it shall file the
resolution with the commissioner of the Department of Management and Budget.
new text end

new text begin Subd. 2. new text end

new text begin State procedure. new text end

new text begin A county opt out of a mandate listed in subdivision 3
must not:
new text end

new text begin (1) cause increased costs to any state fund; or
new text end

new text begin (2) create a lack of uniformity for any program that has a statewide uniformity
requirement under federal law or rule.
new text end

new text begin If the commissioner of the Department of Management and Budget determines that an
opt out of a mandate meets one of the conditions in clause (1) or (2) then counties cannot
opt out of that mandate.
new text end

new text begin Subd. 3. new text end

new text begin Allowable mandates. new text end

new text begin (a) A county may opt out of a mandate according to
the procedures in this section if the mandate is listed in this subdivision.
new text end

new text begin (b) Beginning January 1, 2010, a county may opt out of section 119B.11, subdivision
1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end