HF 1201

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:45am

A bill for an act
relating to local government; creating the Council on Local Results and
Innovation; encouraging local governments to develop performance measurement
programs; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 6.

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

Section 1.

new text begin [6.90] COUNCIL ON LOCAL RESULTS AND INNOVATION.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The Council on Local Results and Innovation consists of
11 members, as follows:
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new text begin (1) the state auditor;
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new text begin (2) two persons who are not members of the legislature, appointed by the chair of the
Property and Local Sales Tax Division of the house of representatives Taxes Committee;
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new text begin (3) two persons who are not members of the legislature, appointed by the designated
lead minority member of the Property and Local Sales Tax Division of the house of
representatives Taxes Committee;
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new text begin (4) two persons who are not members of the legislature, appointed by the chair of
the Taxes Division on Property Taxes of the senate Taxes Committee;
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new text begin (5) two persons who are not members of the legislature, appointed by the designated
lead minority member of the Taxes Division on Property Taxes of the senate Taxes
Committee;
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new text begin (6) one person who is not a member of the legislature, appointed by the Association
of Minnesota Counties; and
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new text begin (7) one person who is not a member of the legislature, appointed by the League
of Minnesota Cities.
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new text begin Each appointment under clauses (2) to (5) must include one person with expertise
or interest in county government and one person with expertise or interest in city
government. The appointing authorities must use their best efforts to ensure that a majority
of council members have experience with local performance measurement systems. The
membership of the council must include geographically balanced representation as well as
representation balanced between large and small jurisdictions. The appointments under
clauses (2) to (7) must be made within two months of the date of enactment.
new text end

new text begin Appointees to the council under clauses (2) to (5) serve terms of four years, except
that one of each of the initial appointments under clauses (2) to (5) shall serve a term of
two years; each appointing agent must designate which appointee is serving the two-year
term. Subsequent appointments for members appointed under clauses (2) to (5) must
be made by the council, including appointments to replace any appointees who might
resign from the council prior to completion of their term. Appointees under clauses (2) to
(5) are not eligible to vote on appointing their successor, nor on the successors of other
appointees whose terms are expiring contemporaneously. In making appointments, the
council shall make all possible efforts to reflect the geographical distribution and meet the
qualifications of appointees required of the initial appointees. Subsequent appointments
for members appointed under clauses (6) and (7) must be made by the original appointing
authority. Appointees to the council under clauses (2) to (7) may serve no more than two
consecutive terms.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) By February 15, 2010, the council shall develop a standard set
of approximately ten performance measures for counties and ten performance measures for
cities that will aid residents, taxpayers, and state and local elected officials in determining
the efficacy of counties and cities in providing services, and measure residents' opinions
of those services. In developing its measures, the council must solicit input from private
citizens. Counties and cities that elect to participate in the performance measurement
system shall report their results to the state auditor under section 6.91, who shall compile
the results and make them available to all interested parties by publishing them on the
auditor's Web site and report them to the legislative tax committees. Each year after the
initial designation of performance measures, the council shall evaluate the usefulness of
the standard set of performance measures and may revise the set by adding or removing
measures as it deems appropriate.
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new text begin (b) By February 15, 2011, the council shall develop minimum standards for
performance measurement systems, which may vary by size and type of governing
jurisdiction.
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new text begin (c) In addition to its specific duties under paragraphs (a) and (b), the council
shall generally promote the use of performance measures for governmental entities
across the state and shall serve as a resource for all governmental entities seeking to
implement a system of local performance measures. The council may highlight and
promote systems that are innovative, or are ones that it deems to be best practices
of local performance systems across the state and nation. The council should give
preference in its recommendations to systems that are results oriented. The council may,
with the cooperation of the state auditor, establish and foster a collaborative network
of practitioners of local performance measurement systems. The council may support
the Association of Minnesota Counties and the League of Minnesota Cities to seek and
receive private funding to provide expert technical assistance to local governments for
the purposes of replicating best practices.
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new text begin Subd. 3. new text end

new text begin Reports. new text end

new text begin (a) The council shall report its initial set of performance measures
to the Property and Local Sales Tax Division of the house of representatives Taxes
Committee and the Taxes Division on Property Taxes of the senate Taxes Committee by
February 28, 2010.
new text end

new text begin (b) By February 1 of each subsequent year, the council shall report to the committees
with jurisdiction over taxes in the house of representatives and the senate on participation
in and results of the performance measurement system, along with any revisions in the
standard set of performance measures for the upcoming year. These reports may be made
by the state auditor in lieu of the council if agreed to by the auditor and the council.
new text end

new text begin Subd. 4. new text end

new text begin Operation of council. new text end

new text begin (a) The state auditor shall convene the initial
meeting of the council.
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new text begin (b) The chair of the council shall be elected by the members. Once elected, a chair
shall serve a term of two years.
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new text begin (c) Members of the council serve without compensation.
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new text begin (d) Council members shall share and rotate responsibilities for administrative
support of the council.
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new text begin (e) Chapter 13D does not apply to meetings of the council. Meetings of the council
must be open to the public and the council must provide notice of a meeting on the state
auditor's Web site at least seven days before the meeting. A meeting of the council occurs
when a quorum is present.
new text end

new text begin (f) The council must meet at least two times prior to the initial release of the standard
set of measurements. After the initial set has been developed, the council must meet a
minimum of once per year.
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new text begin Subd. 5. new text end

new text begin Termination. new text end

new text begin The council expires on January 1, 2019.
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 [6.91] LOCAL PERFORMANCE MEASUREMENT AND REPORTING.
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new text begin Subdivision 1. new text end

new text begin Reports of local performance measures. new text end

new text begin (a) A county or city that
elects to participate in the local performance measurement and improvement program must
report its results to its citizens annually through publication, direct mailing, posting on
the jurisdiction's Web site, or through a presentation at the jurisdiction's truth-in-taxation
hearing under section 275.065.
new text end

new text begin (b) Each year, jurisdictions participating in the local performance measurement
and improvement program must file a report with the state auditor by July 1, in a form
prescribed by the auditor. All reports must include a declaration that the jurisdiction
has complied with, or will have complied with by the end of the year, the requirement
in paragraph (a). For jurisdictions participating at level I, the report shall consist of the
jurisdiction's results for the standard set of performance measures under section 6.90,
subdivision 2, paragraph (a). In 2011, jurisdictions participating at level II must submit a
resolution approved by its local governing body indicating that it either has implemented
or is in the process of implementing a local performance measurement system that meets
the minimum standards specified by the council under section 6.90, subdivision 2,
paragraph (b). In 2012 and thereafter, jurisdictions participating at level II must submit a
statement approved by its local governing body affirming that it has implemented a local
performance measurement system that meets the minimum standards specified by the
council under section 6.90, subdivision 2, paragraph (b).
new text end

new text begin Subd. 2. new text end

new text begin Benefits of participation. new text end

new text begin (a) A county or city that elects to participate
in the program for 2010 is: (1) eligible for per capita reimbursement of $0.25 per
capita, but not to exceed $25,000 for any government entity; (2) exempt from levy
limits under sections 275.70 to 275.74 for taxes payable in 2011; and (3) exempt from
the truth-in-taxation public hearing requirement under section 275.065, subdivision 6,
for taxes payable in 2011.
new text end

new text begin (b) Any county or city that elects to participate in the program at level I for 2011 is
eligible for per capita reimbursement of $0.25 per capita, but not to exceed $25,000 for
any government entity. Any jurisdiction participating at level II is exempt from levy limits
under sections 275.70 to 275.74 for taxes payable in 2012 if levy limits are in effect, and
is exempt from the truth-in-taxation public hearing requirement under section 275.065,
subdivision 6, for taxes payable in 2012.
new text end

new text begin (c) Any county or city that elects to participate in the program at level I for 2012 or
any year thereafter is eligible for per capita reimbursement of $0.25 per capita, but not to
exceed $25,000 for any government entity. Any jurisdiction participating at level II for
2012 or any year thereafter is exempt from levy limits under sections 275.70 to 275.74
for taxes payable in the following year, if levy limits are in effect, and is exempt from
the truth-in-taxation public hearing requirement under section 275.065, subdivision 6, for
taxes payable in the following year.
new text end

new text begin Subd. 3. new text end

new text begin Certification of participation. new text end

new text begin (a) The state auditor shall certify to
the commissioner of revenue by August 1 of each year the counties and cities that are
participating in the program, and the level of participation.
new text end

new text begin (b) The commissioner of revenue shall make per capita aid payments under this
section on the second payment date specified in section 477A.015, in the same year that
the measurements were reported.
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new text begin (c) The commissioner of revenue shall notify each county and city that is entitled to
exemption from levy limits by August 10 of each levy year.
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new text begin Subd. 4. new text end

new text begin Appropriation. new text end

new text begin A sum sufficient to meet the requirements of this section
is annually appropriated from the general fund to the commissioner of revenue.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 31, 2009.
new text end