HF 1072

as introduced - 88th Legislature (2013 - 2014) Posted on 03/14/2013 04:34pm

A bill for an act
relating to local government; establishing a county alternative service delivery
pilot program; providing for employees transferred to provide alternative service
delivery under the pilot program; proposing coding for new law in Minnesota
Statutes, chapter 375.

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

Section 1.

new text begin [375.90] MINNESOTA ACCOUNTABLE GOVERNMENT
INNOVATION AND COLLABORATION (MAGIC) ACT.
new text end

new text begin Sections 375.90 to 375.97 may be cited as the "Minnesota Accountable Government
Innovation and Collaboration (MAGIC) Act." It is established to develop and test
alternative models for service delivery by counties that are focused on performance
measures and outcomes rather than processes for delivering services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [375.91] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The terms defined in this section apply to sections
375.90 to 375.97.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner or
commissioners of the affected state agency or agencies reviewing or approving a county
alternative service delivery pilot project business plan and performance measures and
outcome goals.
new text end

new text begin Subd. 3. new text end

new text begin County. new text end

new text begin "County" includes an individual county, a group of contiguous
counties, a joint powers board of which a county is a member, and a service delivery
authority as defined in section 402A.10, subdivision 5.
new text end

new text begin Subd. 4. new text end

new text begin Pilot project. new text end

new text begin "Pilot project" means a service, program, or process that a
county is operating through an alternative service delivery method approved under sections
375.90 to 375.97 and that requires (1) authority not expressly provided or necessarily
implied in law for the county, or (2) a waiver of or exemption from a law, rule, or procedure.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [375.92] POWERS NECESSARY FOR PILOT PROJECTS.
new text end

new text begin (a) A county may exercise powers not expressly provided or necessarily implied
in law for the county if they are specifically necessary and required to implement a pilot
project approved under section 375.93, but may not take any action expressly denied by or
inconsistent with the laws and regulations of the state or the United States.
new text end

new text begin (b) In exercising these powers, a county must not act in conflict with or inconsistent
with the powers and duties of other political subdivisions within the county.
new text end

new text begin (c) The authority granted in this section is subject to section 471.633 and all other
laws related to express preemption of local control.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

new text begin [375.93] PILOT PROJECT SELECTION PROCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope of pilot project program. new text end

new text begin Each pilot project must be
substantively different from any other pilot project. No pilot project may be approved
if its implementation would be in conflict with or inconsistent with the powers, duties,
ordinances, or resolutions of political subdivisions within the county.
new text end

new text begin Subd. 2. new text end

new text begin Application process. new text end

new text begin The commissioner, in consultation with and with
assistance from the Association of Minnesota Counties, shall determine the appropriate
application procedures for a proposed pilot project.
new text end

new text begin Subd. 3. new text end

new text begin County initiation; notice. new text end

new text begin A county may apply to the commissioner for
permission to implement an alternative service delivery pilot project. The application, at a
minimum, must include a resolution adopted at a regular meeting of the county board.
At least one week before adopting the resolution, the county must allow public comment
on the pilot project proposal at a public hearing held after at least two weeks' published
notice. The county must provide notice of the proposed pilot project to (1) the collective
bargaining units with which the county has agreements, and (2) any person or organization
that represents potentially affected service recipients. The county board must permit any
party receiving notice of the proposed pilot project and any other interested parties to
provide comments on the proposal before the county board takes action on the proposed
resolution to submit a pilot project for implementation.
new text end

new text begin Subd. 4. new text end

new text begin County business plan. new text end

new text begin The county alternative service delivery business
plan must:
new text end

new text begin (1) identify the service, program, process, or structure at issue;
new text end

new text begin (2) identify the power the county needs to exercise that is not authorized in law,
if applicable;
new text end

new text begin (3) identify the law or administrative rule imposing a requirement with respect to
which the waiver or exemption is requested, if applicable;
new text end

new text begin (4) include a description of the performance measures developed under section 6.91
or other method and outcomes sought, including an explanation of the effect of the waiver
or exemption in accomplishing that outcome, if applicable;
new text end

new text begin (5) include a description of the means by which the attainment of the outcome
will be measured;
new text end

new text begin (6) specify the proposed date of implementation and expiration for the alternative
service delivery model over a time period of not less than 12 months and not more than
36 months;
new text end

new text begin (7) describe the consideration given to intergovernmental cooperation in providing
this service, and explain why the county has elected to proceed independently if the waiver
or exemption is proposed by a single county;
new text end

new text begin (8) describe how the county will seek out and take into consideration the advice of
those receiving services who may be affected by the pilot project;
new text end

new text begin (9) describe how the county has consulted with potentially affected public employees
in developing the business plan, state the county's assessment of what changes for public
employees may result if the pilot project becomes a permanent change, and describe how
the county will comply with chapter 179A; and
new text end

new text begin (10) include a contingency plan that allows the county to abandon the pilot project
voluntarily or due to the pilot project reaching its expiration date, and provide for the
service delivery under existing laws and procedures.
new text end

new text begin Subd. 5. new text end

new text begin Review and approval of pilot project. new text end

new text begin The commissioner has 60 days to
review the application. The commissioner must consult with appropriate stakeholders,
including exclusive representatives of county employees. The commissioner may approve,
reject, or propose changes to the county's pilot project. If the commissioner approves
the pilot project, the county may proceed with implementation. If the commissioner
rejects or proposes changes to the pilot project, the commissioner must provide a written
explanation to the county.
new text end

new text begin Subd. 6. new text end

new text begin County review of proposed changes. new text end

new text begin If the commissioner proposes
changes to the pilot project under subdivision 5, the county board must review the
proposed changes at a public hearing. The county board may:
new text end

new text begin (1) accept the proposed changes and proceed with implementation of the pilot project;
new text end

new text begin (2) reject the proposed changes and cancel the proposed pilot project; or
new text end

new text begin (3) seek a separate review of the pilot project under subdivision 7.
new text end

new text begin Subd. 7. new text end

new text begin Request for separate review. new text end

new text begin If the commissioner rejects or proposes
changes to the pilot project under subdivision 5, a county may seek a separate review of
the proposed pilot project by submitting the following information to the commissioner
of administration:
new text end

new text begin (1) a copy of the pilot project's proposed business plan;
new text end

new text begin (2) the commissioner's written explanation under subdivision 5; and
new text end

new text begin (3) a letter detailing the county's objections to the commissioner's rejection or
proposed changes, including comments from affected stakeholders.
new text end

new text begin Subd. 8. new text end

new text begin Separate review by commissioner of administration. new text end

new text begin After the
commissioner of administration receives the information required under subdivision
7, the commissioner of administration shall to review the record and render a decision
within 30 calendar days to:
new text end

new text begin (1) approve the county's proposed pilot project, at which point the county may
implement the pilot project;
new text end

new text begin (2) uphold the rejection or changes proposed by the commissioner; or
new text end

new text begin (3) approve a modified version of the county's proposed pilot project if those
modifications are agreed to in writing by both the county and the commissioner of the
affected state agency, during the 30-day review period.
new text end

new text begin The commissioner of administration shall provide written notice of the
commissioner's decision to both the county and commissioner of the affected state agency.
new text end

new text begin Subd. 9. new text end

new text begin County decision. new text end

new text begin If the commissioner of administration upholds the
proposed changes to the pilot project, the county shall review the decision at a public
hearing. The county may choose either to accept any proposed changes to the pilot project
or reject the proposed changes and cancel the proposed pilot project.
new text end

new text begin Subd. 10. new text end

new text begin No prejudice or violation of rights. new text end

new text begin Before the county may begin
implementation of an alternative service delivery pilot project, the commissioner and the
county must determine that any exercise of authority not expressly granted or necessarily
implied in law but necessary to achieve the outcomes, or that any proposed waiver or
suspension of a state law, rule, or administrative procedure, will not prejudice a substantial
legal right of any person, violate due process or any other state or federal law, or
jeopardize state plan agreements with the federal government and related federal funding.
No exercise of authority or waiver or suspension of state law, rule, or administrative
procedure may modify the requirements of chapter 13 or 13D or section 15.17, or any
public notice requirement in law.
new text end

new text begin Subd. 11. new text end

new text begin Modifications. new text end

new text begin At a county's request, the commissioner may
approve modifications to the county's performance measures and outcome goals. The
commissioner may also submit recommended modifications in writing during the term of
the pilot project, but a county is not required to implement the modifications.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

new text begin [375.94] EMPLOYEES.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section and sections 179A.01 to 179A.09,
179A.12 to 179A.21, 179A.24, and 179A.25 apply to entities participating in pilot projects
under sections 375.90 to 375.97.
new text end

new text begin Subd. 2. new text end

new text begin When this section does not apply. new text end

new text begin This section does not apply when
one entity provides services to another entity and no employee of either is laid off,
no employee's hours or benefits or seniority are reduced, no employee's employment
is terminated, and no employee of either is otherwise displaced due to the change in
provision of the services.
new text end

new text begin Subd. 3. new text end

new text begin Employment, wage, benefits, employee organization status, and legal
status continued. new text end

new text begin (a) Employees of an entity covered by this section are public employees
under section 179A.03, subdivision 14. Entities covered by this subdivision are public
employers under section 179A.03, subdivision 15.
new text end

new text begin (b) During the term of a pilot project, all employees whose responsibilities
are transferred to the entity and who, prior to the creation of the pilot project, were
employees of a member of the entity, shall continue to be employees and shall retain
their employment with the member of the entity and shall continue to be covered by
their collective bargaining agreement, and receive all wages, benefits, and prerequisites
due employees of the member of the entity.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to pilot projects established after that date.
new text end

Sec. 6.

new text begin [375.95] CANCELLATION OF PILOT PROJECT.
new text end

new text begin A county may abandon a pilot project if it determines it will not meet the outcomes
identified. It must follow procedures identified in its business plan to abandon the project
and provide for the service delivery under existing laws and procedures.
new text end

new text begin The commissioner may cancel a county's authority to continue operating its pilot
project if the commissioner determines that the county is not operating in compliance
with its business plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

new text begin [375.96] TEMPORARY EXTENSION.
new text end

new text begin A county may submit a request in writing to the commissioner to extend the pilot
project for up to 12 months. The request must be submitted at least 120 days before the
project's initial expiration date. The county must certify that it is seeking legislative or
agency approval to make the waivers and processes authorized under the pilot project
permanent under law or rule. The county must also notify the appropriate stakeholders of
the request for the extension. The commissioner may approve an extension request within
90 days of the pilot project's expiration, or within 60 days of receiving the extension
request, whichever is sooner. A pilot project cannot continue past its initial expiration
date without the commissioner's approval. The commissioner must provide notice of
the commissioner's decision to legislative leaders and the chairs and ranking minority
members of the legislative committees with jurisdiction over the subject matter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

new text begin [375.97] EVALUATION AND REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin County report. new text end

new text begin Each county participating in the alternative service
delivery pilot project program must provide to the commissioner an annual report on its
experience to date with the pilot project. The report is due by December 15. The report
must include information on the services or processes involved; the performance measures
and outcome goals; what waivers or exemptions were sought and granted; whether the
pilot project was modified and why; and the successes and failures, costs, savings, and
any other information the county or commissioner determines is useful in evaluating the
program. The report must also include an assessment of the changes affecting public
employees and how the county will meet the requirements of chapter 179A and section
375.94 if the pilot project becomes a permanent change in service delivery. A final report
is due within three months of the county concluding its pilot project.
new text end

new text begin Subd. 2. new text end

new text begin Report to governor and legislature. new text end

new text begin By January 15 of each year, the
commissioner must compile the county reports into one report to the governor, legislative
leaders, and the chairs and ranking minority members of the legislative committees with
jurisdiction over policy and finance related to state government operations, taxes, and the
program areas in which pilot projects have been implemented. The report must also list all
active pilot projects and their expiration dates.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end