HF 2344

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state and local government; prohibiting unfunded local mandates;
establishing a local mandate review board; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 3.

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

Section 1.

new text begin [3.99] UNFUNDED MANDATES PROHIBITED; LOCAL MANDATE
REVIEW BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Unfunded mandates prohibited. new text end

new text begin No law or rule may impose on a
local government an unfunded mandate.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the terms in this subdivision
have the meanings given them.
new text end

new text begin (a) "Board" means the local mandate review board established in this section.
new text end

new text begin (b) "Local government" means a school district or a statutory or home rule charter
city, town, or county.
new text end

new text begin (c) "Unfunded mandate" means a state law or rule enacted or adopted on or after
the effective date of this section that does not authorize resources to offset the additional
direct expenditures required for the implementation of the statute or rule by the local
government. Unfunded mandate does not mean a law or rule (1) required to comply with
the state constitution or federal laws or rules, or to meet eligibility standards for federal
entitlements; (2) imposed on both government and nongovernment entities in the same or
substantially similar circumstances; (3) that stems from a failure to comply with previously
enacted laws or rules; or (4) enacted after a public hearing on the proposed legislation for
which reasonable notice is given that unfunded mandates will be considered, for which a
fiscal analysis is available at the time of the public hearing.
new text end

new text begin Subd. 3. new text end

new text begin Established. new text end

new text begin A local mandate review board is established to hear and
decide complaints from local governments relating to unfunded mandates.
new text end

new text begin Subd. 4. new text end

new text begin Membership; qualifications; appointment; terms; compensation. new text end

new text begin The
board consists of eight members and a chair appointed by the governor. Persons appointed
to the board must not hold any other elected or appointed office. Section 15.0575 applies
to the appointment, terms, compensation, removal, and filling of vacancies of members of
the board.
new text end

new text begin Subd. 5. new text end

new text begin Administration. new text end

new text begin The Office of Administrative Hearings shall provide
administrative support and space for meetings and hearings held by the board.
new text end

new text begin Subd. 6. new text end

new text begin Powers; duties. new text end

new text begin (a) The board shall review and issue rulings on complaints
filed with the board by a local government asserting that a law enacted or a rule adopted by
a state agency, on or after the effective date of this section, is an unfunded mandate. The
board shall determine the form and required contents for complaints but at a minimum
a complaint must be supported by a resolution adopted by the governing body of the
local government.
new text end

new text begin (b) The board may hold hearings on any complaint filed with the board. All meetings
and hearings of the board must be open to the public.
new text end

new text begin (c) The board may consolidate complaints related to the same provision of law or
rule.
new text end

new text begin (d) Any group or individual may file a written request with the board to appear as
amicus curiae.
new text end

new text begin (e) The board's decision must be supported by a written opinion agreed to by a
majority of the board. The decision and majority opinion may be accompanied by any
concurring or dissenting opinions. Decisions, including any concurring or dissenting
opinions, must be published on a Web site established for the board on the Web site of the
Office of Administrative Hearings and mailed to any party who filed a complaint.
new text end

new text begin (f) If the board decides that the law or rule complained of is an unfunded mandate,
the board may enjoin enforcement of the law or rule as to any local government affected
by the law or rule, as provided in the board's decision.
new text end

new text begin Subd. 7. new text end

new text begin Report to legislature. new text end

new text begin By January 15 each year, the board must report
on the board's activities during the prior year to the chairs of the legislative committees
with jurisdiction over taxes, finance, and local government. The report must include a
summary of each complaint, the disposition of the matter, and any recommendations the
board has relating to the laws or rules in the complaints.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund in each year of the 2008-2009 biennium
to the Office of Administrative Hearings to pay the per diem and expenses of the board
established in section 1.
new text end