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HF 1659

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/11/2009
1st Engrossment Posted on 03/30/2009

Current Version - 1st Engrossment

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A bill for an act
relating to human services; establishing a State-County Results, Accountability,
and Service Delivery Redesign; requiring reports; appropriating money;
proposing coding for new law as Minnesota Statutes, chapter 402A.

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

Section 1.

new text begin [402A.01] CITATION.
new text end

new text begin Sections 402A.01 to 402A.50 may be cited as the "State-County Results,
Accountability, and Service Delivery Redesign Act."
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 [402A.10] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Terms defined. new text end

new text begin For the purposes of this chapter, the terms defined in
this subdivision have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Council. new text end

new text begin "Council" means the Council on State-County Results,
Accountability, and Service Delivery Redesign established in section 402A.30.
new text end

new text begin Subd. 3. new text end

new text begin Redesign. new text end

new text begin "Redesign" means the State-County Results, Accountability,
and Service Delivery Redesign under this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Service delivery authority. new text end

new text begin "Service delivery authority" means a single
county, or group of counties operating by execution of a joint powers agreement under
section 471.59 or other contractual agreement, that has voluntarily chosen by resolution of
the county board of commissioners to participate in the redesign under this chapter.
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 [402A.20] ESTABLISHMENT; PURPOSE; OPT-IN.
new text end

new text begin (a) The State-County Results, Accountability, and Service Delivery redesign is
established to authorize implementation of methods and procedures for administering
assistance and services to recipients or potential recipients of public welfare and other
services delivered by counties which encourage greater transparency, more effective
governance, and innovation through the use of flexibility and performance management.
new text end

new text begin (b) Beginning January 1, 2010, and annually thereafter, each county board in
Minnesota shall vote to determine whether the county intends to participate in the redesign
under this chapter.
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 [402A.30] OVERSIGHT COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Oversight Council. new text end

new text begin (a) There is created a State-County Results,
Accountability, and Service Delivery Redesign Council. The council is responsible for
oversight of the redesign and must be convened by the commissioner of human services
by January 1, 2010. Designated council members must be appointed by their respective
agencies, associations, or governmental units by December 15, 2009. Decisions of the
council must be approved by a majority of the council members. The provisions of section
15.059 do not apply to this council, and this council does not expire.
new text end

new text begin (b) The council must consist of the following members:
new text end

new text begin (1) one representative from the governor's office;
new text end

new text begin (2) the chair of the house of representatives Health Care and Human Services Policy
and Oversight Committee, or designee;
new text end

new text begin (3) the chair of the senate Health, Housing, and Family Security Committee, or
designee;
new text end

new text begin (4) the commissioner of human services;
new text end

new text begin (5) the chief information officer of the Office of Enterprise Technology;
new text end

new text begin (6) two representatives of the Association of Minnesota Counties;
new text end

new text begin (7) two representatives of the Minnesota Association of County Administrators;
new text end

new text begin (8) one representative of the Minnesota County Attorneys Association; and
new text end

new text begin (9) two representatives of the Minnesota Association of County Social Service
Administrators.
new text end

new text begin (c) Administrative support to the council may be provided by the Association of
Minnesota Counties and affiliates.
new text end

new text begin (d) Legislative research support must be provided by state legislative staff as
requested by the council.
new text end

new text begin (e) Member agencies and associations are responsible for initial and subsequent
appointments to the council.
new text end

new text begin Subd. 2. new text end

new text begin Council duties. new text end

new text begin (a) The council shall:
new text end

new text begin (1) provide oversight of the administration of the redesign;
new text end

new text begin (2) recommend the approval of waivers from statutory requirements, administrative
rules, and standards necessary to achieve the requirements of the agreements under
section 402A.40, subdivision 7, paragraph (b), to the commissioner of human services
or other appropriate entity, for counties certified as service delivery authorities under
section 402A.40;
new text end

new text begin (3) recommend approval of the agreements in section 402A.40, subdivision 7,
paragraph (b), to the commissioner of human services;
new text end

new text begin (4) recommend certification of a county or consortium of counties as a service
delivery authority to the commissioner of human services;
new text end

new text begin (5) recommend approval of shared services arrangements under section 402A.40,
subdivision 5;
new text end

new text begin (6) form work groups as necessary to carry out the duties of the council under the
redesign; and
new text end

new text begin (7) establish procedures that allow for a due process of decisions made by the
commissioner of human services under the provisions of the redesign and establish a
process for the mediation of conflicts between participating counties.
new text end

new text begin (b) In order to carry out the provisions of the redesign, and to effectuate the
agreements established under section 402A.40, subdivision 7, paragraph (b), the
commissioner of human services shall exercise authority under section 256.01, subdivision
2, paragraph (l), including seeking all necessary waivers. The commissioner of human
services has authority to approve shared service arrangements as defined in section
402A.40, subdivision 5.
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 [402A.40] DESIGNATION OF SERVICE DELIVERY AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A county or consortium of counties may establish a
service delivery authority under the redesign to engage in the delivery of human services,
or other services as appropriate.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The service delivery authority shall:
new text end

new text begin (1) carry out the responsibilities required of local agencies under chapter 393 and
human service boards under chapter 402;
new text end

new text begin (2) manage the public resources devoted to human services and other public services
delivered or purchased by the counties that are subsidized or regulated by the Department
of Human Services under chapter 245 or 267;
new text end

new text begin (3) employ staff to assist in carrying out the redesign;
new text end

new text begin (4) develop and maintain a continuity of operations plan to ensure the continued
operation or resumption of essential human services functions in the event of any business
interruption according to local, state, and federal emergency planning requirements;
new text end

new text begin (5) receive and expend funds received for the redesign;
new text end

new text begin (6) rent, purchase, sell, and otherwise dispose of real and personal property as
necessary to carry out the redesign; and
new text end

new text begin (7) carry out any other service designated as a responsibility of a county.
new text end

new text begin (b) Each service delivery authority certified under subdivision 3 shall designate a
single administrative structure that has the powers and duties assigned to the service
delivery authority effective January 1, 2013, and annually thereafter.
new text end

new text begin Subd. 3. new text end

new text begin Certification of service delivery authority. new text end

new text begin The council shall recommend
certification of a county or consortium of counties as a service delivery authority to the
commissioner of human services if:
new text end

new text begin (1) the conditions in subdivision 6, paragraph (a), clauses (1) to (3), are met; and
new text end

new text begin (2) the county or consortium of counties are:
new text end

new text begin (i) a single county with a population of 55,000 or more;
new text end

new text begin (ii) a consortium of counties with a total combined population of 55,000 or more and
the counties comprising the consortium are in reasonable geographic proximity; or
new text end

new text begin (iii) a single county or consortium of counties meeting the criteria for exemption
from minimum population standards in this subdivision and subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Multicounty service delivery authority. new text end

new text begin Two or more counties meeting
the criteria in subdivision 3 may, by resolution of their county boards of commissioners,
establish a service delivery authority having the composition, powers, and duties agreed
upon. These counties may, by agreement entered into through action of their bodies,
jointly or cooperatively exercise any power common to the contracting parties in carrying
out their duties under current law, including, but not limited to, chapters 245 to 267 and
393 and 402. Participating county boards shall establish acceptable ways of apportioning
the cost of the services. A county board may withdraw from a service delivery authority
under section 402.01. The council may recommend that the commissioner of human
services exempt a multicounty service delivery authority from the minimum population
standard in subdivision 3 if that multicounty service delivery authority can demonstrate
that it can otherwise meet the requirements of the redesign.
new text end

new text begin Subd. 5. new text end

new text begin Single county service delivery authority. new text end

new text begin For counties with populations
over 55,000, the board of county commissioners may be the service delivery authority
and retain existing authority under law. Counties with populations over 55,000 that serve
as their own service delivery authority may enter into shared services arrangements with
other service delivery authorities or smaller counties. These shared services arrangements
may include, but are not limited to, human services, corrections, public health, veterans
planning, human resources, program development and operations, training, technical
systems, joint purchasing, and consultative services or direct services to transient, special
needs, or low-incidence populations. The council may recommend that the commissioner
of human services exempt a single county service delivery authority from the minimum
population standard in this subdivision if that service delivery authority can demonstrate
that it can otherwise meet the requirements of the redesign.
new text end

new text begin Subd. 6. new text end

new text begin Duties applicable to all counties. new text end

new text begin (a) A county shall:
new text end

new text begin (1) by January 1, 2010, and annually thereafter, indicate to the council, through a
board resolution, the county's intent to form or join a service delivery authority;
new text end

new text begin (2) by June 1, 2011, and annually thereafter, submit for approval to the council, a
board resolution forming the service delivery authority, including the names of other
counties anticipated to be members of the service delivery authority, if any;
new text end

new text begin (3) by June 1, 2012, and annually thereafter, submit for approval to the council, a
plan that includes a contractual agreement for the service delivery authority including
what shared services are to be provided to other service delivery authorities or counties, if
applicable; and
new text end

new text begin (4) by January 1, 2013, and annually thereafter, meet measurable goals as defined in
the performance agreement under subdivision 7, paragraph (b).
new text end

new text begin (b) After June 1, 2013, the commissioner of human services may submit to the
council a recommendation of remedies for performance improvement for any service
delivery authority not meeting the measurable goals agreed upon in performance
agreements under subdivision 7, paragraph (b). This provision does not preclude other
powers of the commissioner of human services to remedy county performance issues in a
county or counties not certified as a service delivery authority.
new text end

new text begin Subd. 7. new text end

new text begin New state-county governance framework. new text end

new text begin (a) Nothing in this chapter
precludes local governments from utilizing sections 465.81 to 465.82 to establish
procedures for local governments to merge, with the consent of the voters. Any agreement
under subdivision 4 or 5 must be governed by this chapter. The county boards of
commissioners shall approve the agreement and shall determine the proportional financial
responsibility of each county to support the programs and services of the service delivery
authority. Nothing in this chapter limits the authority of a county board to enter into
contractual agreements for services not covered by the provisions of the redesign with
other agencies or with other units of government.
new text end

new text begin (b) The state-county governance framework for service delivery authorities must
include the following binding agreements:
new text end

new text begin (1) a governance agreement which defines the respective authority, powers, roles
and responsibilities of the state and service delivery authorities under the redesign. As part
of the governance agreement, the service delivery authority shall be held accountable for
achieving measurable goals as defined in the performance agreement under clause (2).
The service delivery authorities must be granted waivers, as necessary, to ensure greater
local control and flexibility to determine the most cost-effective means of achieving
specified measurable goals;
new text end

new text begin (2) a performance agreement which defines measurable goals in key operational
areas that the service delivery authority is expected to achieve. This agreement must
identify dependencies and other requirements necessary for the service delivery
authority to achieve the measurable goals as defined in the performance agreement. The
dependencies and requirements may include, but are not limited to:
new text end

new text begin (i) specific resource commitments of the state and the service delivery authority; and
new text end

new text begin (ii) funding or expenditure flexibility, which may include, but are not limited to,
exemptions to the requirements in section 245.4835 and 245.714; and
new text end

new text begin (3) a service level agreement which specifies the expectations and responsibilities
of the state and the service delivery authority regarding administrative and information
technology support necessary to achieve the measurable goals specified in the performance
agreement under clause (2).
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. 6.

new text begin [402A.50] AID AND INCENTIVES TO COUNTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Levy limits. new text end

new text begin Notwithstanding any other law to the contrary,
expenditures and activities carried out under the redesign are exempt from levy limits.
new text end

new text begin Subd. 2. new text end

new text begin Private sector funding. new text end

new text begin The council may support stakeholder agencies,
if not otherwise prohibited by law, to separately or jointly seek and receive funds to
provide expert technical assistance to the council, the council's workgroup, and any
sub-workgroups for executing the provisions of the redesign.
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 APPROPRIATION.
new text end

new text begin $2,000,000 is appropriated for the biennium beginning July 1, 2009, from the
general fund, to the Council on State-County Results, Accountability, and Service
Delivery Redesign, for the purposes of the State-County Results, Accountability, and
Service Delivery Redesign under Minnesota Statutes, sections 402A.01 to 402A.50. The
council shall establish a methodology for distributing funds to certified service delivery
authorities for the purposes of carrying out the requirements of the redesign.
new text end