HF 522

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/18/2023 10:19am

A bill for an act
relating to local government; requiring counties and cities to have written
procedures that are available to the public and to provide notice of availability to
the public; proposing coding for new law in Minnesota Statutes, chapter 471.

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

Section 1.

new text begin [471.199] POLICIES AND PROCEDURES AVAILABLE TO PUBLIC.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement to maintain policies and operations manuals. new text end

new text begin (a) A
county or home rule charter or statutory city must have clear operating policies, procedures,
forms, deadlines, due dates, or payment requirements relating to each duty or operation of
the county or city on file in the applicable county or city office. The information must be
contained in one or more policies and operations manuals, and must be available for employee
training and reference and for inspection by the public at the applicable office. A county or
city may also publish the manuals on a county or city website. If the manuals are published
on a website, the website must include the physical location where the information is
available. If the manuals are not published on a website, the information must be available
at the city clerk's office or a county office designated by the county board.
new text end

new text begin (b) If the information described in paragraph (a) relates to the payment of a fee or
assessment, the information provided by the county or city must include any required forms
and all other payment information, including any information or instructions required to
complete a form, the due dates of payments, any other requirements, and the consequences
of a late payment or nonpayment of the fee or assessment.
new text end

new text begin (c) If the information in paragraph (a) is a law enforcement procedure relating to
investigations or similar activities, a county or home rule charter or statutory city must
include the information only if approved by the chief law enforcement officer of the county
or city. In the absence of a chief law enforcement officer, a county or city must include the
law enforcement procedure only if approved by at least two other law enforcement officers
to whom decision-making authority has been delegated by a county or city official.
new text end

new text begin (d) The information in paragraph (a) does not include information that is not available
to the public under the Administrative Procedure Act.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the definitions in this subdivision
apply.
new text end

new text begin (b) "Each duty or operation of the county or city" means (1) the implementation of laws,
ordinances, resolutions, and regulations, (2) the provision of services, (3) licensing
requirements, (4) fees or assessments, (5) administrative and financial operating procedures,
including budget and personnel procedures, and (6) any other similar duties or operations.
new text end

new text begin (c) "Fee or assessment" means any money, including penalties and interest, charged by
the county or city for a service, license, permit, use, record, or privilege that is to be paid
directly to the county or city. It specifically includes child support obligations, recording
taxes and fees, and similar charges for which the county acts as an agent of the state. It also
includes special assessments and any money charged for services that may become a lien
or tax assessed on real property by the county or city. Fee or assessment does not include
property taxes under chapters 272 to 287, except as stated in this paragraph.
new text end