HF 3087

as introduced - 86th Legislature (2009 - 2010) Posted on 02/22/2010 11:14am

A bill for an act
relating to state government; imposing a moratorium on unfunded mandates to
businesses and units of local government; creating commissions to recommend
elimination of unfunded mandates on units of local government and to reduce
mandates and paperwork imposed on businesses; 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] MORATORIUM ON UNFUNDED MANDATES.
new text end

new text begin (a) Until otherwise provided by law, the legislature may not enact a law and a state
agency may not adopt a rule that imposes a new unfunded mandate, or that increases the
cost of a prior mandate, on a Minnesota business or on a city, county, school district, or
town. For purposes of this section:
new text end

new text begin (1) a "mandate" is a requirement imposed upon a business or a city, county, school
district, or township that if not complied with results in civil liability, injunctive relief, a
criminal penalty, or administrative sanctions, including reduction or loss of funding; and
new text end

new text begin (2) a mandate is "unfunded" unless the legislature appropriates money to pay the
expected cost of the mandate upon businesses and political subdivisions.
new text end

new text begin (b) An exemption may be granted to the requirements in paragraph (a):
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new text begin (1) by the legislature, if it determines that a new or increased mandate in a law is
necessary to protect public health or the environment or is required to implement federal
law; and
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new text begin (2) by the governor, with respect to a rule, if the governor determines that a new
or increased mandate in a rule is necessary to protect public health or the environment
or is required to implement federal law.
new text end

Sec. 2. new text begin LOCAL GOVERNMENT MANDATE RELIEF COMMISSION.
new text end

new text begin (a) The Local Government Mandate Relief Commission is created to recommend
ways of eliminating unfunded mandates that state laws or rules impose on political
subdivisions. The commission consists of:
new text end

new text begin (1) seven representatives of school boards, cities, towns, and counties appointed by
the governor; and
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new text begin (2) one member of the house of representatives appointed by the speaker, one
member of the house of representatives appointed by the house minority leader, and one
senator from the majority caucus and one senator from the minority caucus appointed
according to the rules of the senate.
new text end

new text begin (b) Members of the commission serve at the pleasure of the appointing authority.
Members serve without compensation and do not receive reimbursement for expenses.
new text end

new text begin (c) The governor must designate one of the members appointed by the governor as
the chair of the commission. The chair must convene the first meeting. The governor and
legislative leaders must arrange for administrative and staff support for the commission.
new text end

new text begin (d) The commission must report to the legislature and the governor by December 1,
2010, on recommendations for eliminating or reducing unfunded state mandates imposed
on units of local government. The commission expires December 31, 2010.
new text end

Sec. 3. new text begin BUSINESS MANDATE RELIEF AND PAPERWORK REDUCTION
COMMISSION.
new text end

new text begin (a) The Business Mandate Relief and Paperwork Reduction Commission consists of:
new text end

new text begin (1) seven representatives of business appointed by the governor; and
new text end

new text begin (2) one member of the house of representatives appointed by the speaker, one
member of the house of representatives appointed by the house minority leader, and one
senator from the majority caucus and one senator from the minority caucus appointed
according to the rules of the senate.
new text end

new text begin (b) Members of the commission serve at the pleasure of the appointing authority.
Members serve without compensation and do not receive reimbursement for expenses.
new text end

new text begin (c) The governor must designate one of the members appointed by the governor as
the chair of the commission. The chair must convene the first meeting. The governor and
legislative leaders must arrange for administrative and staff support for the commission.
new text end

new text begin (d) The commission must report to the legislature and the governor by December
1, 2010, on recommendations for reducing mandates, paperwork, fees, licenses, permits,
bureaucracy, and red tape that state laws or rules impose on businesses. The commission's
recommendations must include a comparison to other states and must identify mandates,
paperwork, fees, licenses, permits, bureaucracy, and red tape that hurt Minnesota's business
climate in comparison to other states. The commission expires December 31, 2010.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
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new text begin Sections 1 to 3 are effective the day following final enactment.
new text end