SF 1796

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:23am

A bill for an act
relating to intergovernmental operations; providing for elimination of
unnecessary mandates; providing for better public understanding of the roles
and responsibilities of state and county governments; providing for financial
accountability between state and county governments; proposing coding for new
law in Minnesota Statutes, chapters 3; 275.

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

Section 1. new text begin FINDINGS; FINANCIAL ACCOUNTABILITY.
new text end

new text begin The legislature of the state of Minnesota is responsible for establishing policy
on a statewide basis, with or without the accompanying funds to support the required
activity, and counties serve as the fiscal and operational agent of the state, carrying out the
mandates and utilizing local property tax dollars if state funding is not provided.
new text end

Sec. 2.

new text begin [3.99] LEGISLATIVE REVIEW OF STATE-IMPOSED MANDATES.
new text end

new text begin Each state agency that has within its jurisdiction requirements imposed on counties,
shall submit a report to the legislature no later than February 1, 2010, and by February
1 of each year thereafter, indicating the continuing need, any proposed modifications,
consideration of elimination, ability of counties to have more flexibility, and funding status.
new text end

new text begin If an agency fails to file the report, a county may choose to continue, modify, or
eliminate any or all of the mandates under the jurisdiction of the agency.
new text end

new text begin If, after legislative review by the appropriate policy and finance committees, the
mandate is continued without adequate state dollars provided, the county may levy for the
service, outside of any existing levy limits, and shall indicate on the proposed property
tax notice for the year of the levy, that the amount is being levied as the result of an
unfunded mandate.
new text end

Sec. 3.

new text begin [275.77] LEVY LIMIT EXCEPTIONS.
new text end

new text begin Notwithstanding any law to the contrary, a county may levy, outside of any applicable
levy limits, the amount it is required to spend for any state mandate that is imposed after
January 1, 2009, that does not provide funding to cover the cost of the mandated activity.
new text end

new text begin The proposed property tax notices for taxes payable in 2010 and thereafter must
include a line that sets forth the amount that is being levied against real property in the
county as a result of unfunded mandates imposed on the county and subject to this section.
new text end

new text begin Existing state-imposed mandates that are in place on January 1, 2009, but have either
no funding or insufficient supporting funding may be considered for inclusion as a special
levy, upon submission by a county or a group of counties acting jointly, to the house of
representatives and senate committees with jurisdiction over finance. If the committees
fail to act on the requests by March 1 of the levy year, any county may claim the required
funding as a special levy outside of any existing levy limits.
new text end

new text begin The proposed property tax notice must include a line that sets forth the dollar amount
attributable to action taken by the county board consistent with this section.
new text end

Sec. 4. new text begin MAINTENANCE OF EFFORT AND MATCHING REQUIREMENTS.
new text end

new text begin A state-imposed maintenance of effort or matching dollar requirement identified
as burdensome by a county may be adjusted back to the amount from the initial year of
imposition or the county may choose to adjust the amount with a comparable reduction to
that which the county as a whole is taking as a result of state reductions to county dollars,
if the county gives written notice to the organization and includes a line on the proposed
property tax notice for 2010 or 2011 indicating the amount of reduction attributable to the
decision. For purposes of this section, "burdensome" means any matching requirements
that are automatically established without regard to actual costs, clients served, or
effectiveness of services provided.
new text end