HF 139

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to state government; requiring reporting on 
  1.3             and certain analysis of federal mandates imposed on 
  1.4             state agencies.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [FEDERAL MANDATES.] 
  1.7      Subdivision 1.  [FINDINGS; PURPOSE.] The legislature finds 
  1.8   that the Tenth Amendment to the United States Constitution 
  1.9   reserves to the states those powers not delegated to the federal 
  1.10  government.  The legislature further finds that the federal 
  1.11  government has imposed numerous mandates on states that infringe 
  1.12  on state sovereignty as envisioned by the Tenth Amendment.  Many 
  1.13  of these mandates do not properly respect the rights of state 
  1.14  and local government, and result in a waste of scarce state and 
  1.15  local government resources.  
  1.16     The purposes of this act are to assure the primacy of the 
  1.17  state of Minnesota's legal and political authority to enact and 
  1.18  implement policy for the people of Minnesota, and to vigorously 
  1.19  scrutinize and challenge the authority asserted by the federal 
  1.20  government when federal action is inconsistent with Minnesota 
  1.21  policy. 
  1.22     Subd. 2.  [REPORTING.] Each agency that administers a 
  1.23  program supported in whole or in part by federal funds or that 
  1.24  administers a program subject to significant federal mandates 
  1.25  shall report the information required by this section at a time 
  2.1   and in the manner prescribed by the commissioner of finance.  
  2.2   The commissioner of finance, in conjunction with the director of 
  2.3   the office of strategic and long-range planning, shall compile 
  2.4   this information and submit it to the legislature by January 15, 
  2.5   1996.  
  2.6      Subd. 3.  [CONTENTS OF REPORTS.] For each program supported 
  2.7   by federal funds, and for programs subject to significant 
  2.8   federal mandates but not supported by federal funds, the agency 
  2.9   shall report: 
  2.10     (1) the anticipated amount of federal funding for the 
  2.11  program for each fiscal year of the next biennium; 
  2.12     (2) the proposed amount of state funding associated with 
  2.13  the program, and the source of this state funding; 
  2.14     (3) the extent to which the state funding associated with 
  2.15  the program is mandated by federal law; 
  2.16     (4) the extent to which the state funding mandated by 
  2.17  federal law is in compliance with state policy, or is otherwise 
  2.18  in the best interests of the state; 
  2.19     (5) the cost to the state of federal mandates above the 
  2.20  level of spending that is in compliance with state policy or is 
  2.21  in the best interests of the state; 
  2.22     (6) how costs to the state that are not in compliance with 
  2.23  state policy or that are not in the best interests of the state 
  2.24  can be minimized, by means such as changing state laws, rules, 
  2.25  or policies, seeking waivers of federal requirements, taking 
  2.26  administrative action, or taking legal action; and 
  2.27     (7) the extent to which the agency could achieve the 
  2.28  outcomes desired by the federal mandate in a less expensive or 
  2.29  more efficient manner if the federal mandate were modified or 
  2.30  repealed. 
  2.31     For purposes of clauses (4) to (6), state policy must be 
  2.32  determined first by reference to state laws, and then by 
  2.33  reference to state administrative rules.  If there are no 
  2.34  applicable laws or administrative rules, the agency shall 
  2.35  recommend the level of state funding that is in the best 
  2.36  interests of the state.  If an agency determines under clause 
  3.1   (6) that costs imposed by federal mandates are not in compliance 
  3.2   with state policy, the agency shall take all steps consistent 
  3.3   with its legal authority to minimize these costs. 
  3.4      Subd. 4.  [COMMISSIONER OF FINANCE.] The commissioner of 
  3.5   finance: 
  3.6      (1) shall determine which agencies need not report under 
  3.7   this section because they are not subject to significant federal 
  3.8   mandates; 
  3.9      (2) shall report on significant federal mandates that apply 
  3.10  broadly to all agencies, such as mandates affecting terms and 
  3.11  conditions of employment for state employees; and 
  3.12     (3) may determine that certain federal mandates, such as 
  3.13  federal civil rights laws, are not subject to this section 
  3.14  because the policies expressed in those mandates are identical 
  3.15  or very similar to policies expressed in state law.