SF 1478

Introduction - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act
  1.2             relating to local government; requiring certain 
  1.3             distributions from the areawide pool to be approved by 
  1.4             the board of government innovation and cooperation; 
  1.5             amending Minnesota Statutes 1994, section 473F.02, 
  1.6             subdivision 1; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 473F. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 473F.02, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [TERMS.] The terms defined in this section 
  1.12  shall have the meanings therein ascribed to them for purposes of 
  1.13  sections 473F.01 to 473F.13 this chapter unless context 
  1.14  otherwise requires. 
  1.15     Sec. 2.  [473F.14] [INCREASED DISTRIBUTION LEVY APPROVAL.] 
  1.16     Subdivision 1.  [APPLICATION REQUIRED.] Each unit of 
  1.17  government, other than a school district, whose distribution 
  1.18  levy determined under section 473F.08, subdivision 3, clause 
  1.19  (a), is greater than its distribution levy for the previous year 
  1.20  shall be required to submit an application for the increased 
  1.21  amount with the board of government innovation and cooperation 
  1.22  established under section 465.796. 
  1.23     Subd. 2.  [FORM OF APPLICATION.] The application must 
  1.24  address the following subjects for each of the major services 
  1.25  provided by the governmental unit: 
  1.26     (a) whether cooperative service delivery arrangements with 
  2.1   adjoining jurisdiction have been considered; 
  2.2      (b) whether the service is most efficiently provided at 
  2.3   that level of government, or might be more efficiently provided 
  2.4   at a different level; 
  2.5      (c) whether the service is being provided by the level of 
  2.6   government that knows who the consumer is and has a vision of 
  2.7   what the service is supposed to achieve; 
  2.8      (d) whether the governmental unit uses outcome measures in 
  2.9   measuring the success of the program; 
  2.10     (e) whether the service is being provided by the entity 
  2.11  that administers services proficiently; 
  2.12     (f) whether the jurisdiction can provide the service 
  2.13  effectively over time; 
  2.14     (g) whether the service is being provided by the level of 
  2.15  government that can realize economies of scale; 
  2.16     (h) whether the service is being provided by the level of 
  2.17  government that can most directly intervene to correct problems 
  2.18  in delivery of the service; 
  2.19     (i) whether the service is being provided by the level of 
  2.20  government that can manage demand for the service; 
  2.21     (j) whether the service is being provided by the level of 
  2.22  government that allows for competitive pressures in the delivery 
  2.23  of the service; 
  2.24     (k) whether the unit of government has linked spending to 
  2.25  results in the provision of the service; 
  2.26     (l) whether the evaluation of the service delivery is done 
  2.27  by someone other than the provider of the service; 
  2.28     (m) whether the roles of service consumer and service 
  2.29  producer have been split; 
  2.30     (n) whether the price of the service reflects the true 
  2.31  costs of providing the service; 
  2.32     (o) whether there are opportunities for competition in the 
  2.33  provision of the service, from either competing governments or 
  2.34  nongovernment organizations; and 
  2.35     (p) whether the unit of government has analyzed its method 
  2.36  of providing the service on a long-term basis, and prioritized 
  3.1   cost-prevention measures. 
  3.2      Subd. 3.  [REVIEW AND APPROVAL.] The board shall review 
  3.3   each application, and approve the application if it determines 
  3.4   that the governmental unit is striving to achieve the maximum 
  3.5   possible level of effectiveness and efficiency for the taxpayer, 
  3.6   taking into account the application for the current year as well 
  3.7   as for prior years.  The board may request further information 
  3.8   from any governmental unit on any of the services provided, or 
  3.9   subjects discussed in the application.  The board may conduct 
  3.10  its own investigation into any of the services being provided by 
  3.11  a unit of government, beyond the information provided in the 
  3.12  application.  If a governmental unit's application is approved, 
  3.13  it is entitled to receive its increased distribution levy under 
  3.14  subdivision 1.  Alternatively, the board may determine that the 
  3.15  governmental unit needs to make further efforts to achieve 
  3.16  efficiency and effectiveness, and therefore its increased 
  3.17  distribution levy will be placed in escrow.  If the board 
  3.18  refuses to accept the unit's application for its excess 
  3.19  distribution, it must state the causes for the refusal in its 
  3.20  notice to the governmental unit. 
  3.21     Subd. 4.  [REVISED APPLICATION PROCEDURES.] The board shall 
  3.22  establish procedures for accepting revised applications from 
  3.23  governmental units whose initial applications have been denied. 
  3.24  If the board approves a revised application, the increased 
  3.25  distribution levy held in escrow shall be released to the 
  3.26  governmental unit. 
  3.27     Subd. 5.  [ESCROW.] The board shall notify the 
  3.28  administrative auditory of any unit whose application for 
  3.29  receiving its increased distribution levy has been denied.  The 
  3.30  administrative auditor shall adjust the settlement amounts 
  3.31  determined under section 473F.08, subdivision 7a, to reflect 
  3.32  that the administrative auditor will hold money in escrow for 
  3.33  those units whose applications have been denied.  The 
  3.34  administrative auditor shall hold the funds in escrow until 
  3.35  notified by the board that the funds should be released to the 
  3.36  governmental unit.  Any increased distribution levy that is held 
  4.1   in escrow for a period of two years shall be returned to the 
  4.2   areawide pool to be distributed as an equal percentage increase 
  4.3   in distribution levy under section 473F.08, subdivision 3, 
  4.4   clause (a), for the following year. 
  4.5      Sec. 3.  [APPLICATIONS.] 
  4.6      This act applies in the counties of Anoka, Carver, Dakota, 
  4.7   Hennepin, Ramsey, Scott, and Washington. 
  4.8      Sec. 4.  [EFFECTIVE DATE.] 
  4.9      This act is effective for taxes payable in 1996 and 
  4.10  subsequent years.