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SF 1340

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 03:17pm

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A bill for an act
relating to counties; giving counties authority to provide for the general welfare;
establishing an alternative service delivery pilot program for waivers; amending
Minnesota Statutes 2010, section 375.18, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 402A.

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

ARTICLE 1

COUNTIES AUTHORIZED TO ACT ON MATTERS OF COUNTY CONCERN

Section 1.

Minnesota Statutes 2010, section 375.18, is amended by adding a
subdivision to read:


Subd. 16.

General welfare.

(a) A county may exercise all powers necessary
or fairly implied by an express delegation by the state of a duty or a grant of power,
incident or essential to the exercise of an express delegation of a duty or a grant of power,
and not expressly denied by or inconsistent with the laws and regulations of the state or
the United States.

(b) A county may adopt reasonable ordinances, resolutions, and regulations relating
to its property, affairs, and operations, and provide for the general health, safety, and
welfare of the county, provided that the action is not expressly denied by or inconsistent
with the laws and regulations of the state or the United States.

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

(d) The authority granted in this section is subject to section 471.633.

ARTICLE 2

MAGIC ACT

Section 1.

[402A.60] MINNESOTA ACCOUNTABLE GOVERNMENT
INNOVATION AND COLLABORATION (MAGIC) ACT.

Sections 402A.60 to 402A.95 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.

Sec. 2.

[402A.70] DEFINITIONS.

Subdivision 1.

Application.

The terms defined in this section apply to sections
402A.60 to 402A.95.

Subd. 2.

County.

"County" includes a joint powers board of which a county is a
member, and a service delivery authority as defined in section 402A.10, subdivision 5.

Subd. 3.

Pilot project.

"Pilot project" means a service that a county is providing by
an alternative service delivery method that requires a waiver of or exemption from a law,
rule, or procedure and that is approved under sections 402A.60 to 402A.95.

Subd. 4.

Pilot project coordinator or coordinator.

"Pilot project coordinator" or
"coordinator" means a member of the governor's staff or a state agency who is designated
by the governor to coordinate pilot projects among state agencies.

Sec. 3.

[402A.80] PILOT PROJECT SELECTION PROCESS.

Subdivision 1.

Scope of pilot project program.

The maximum number of pilot
projects in operation at any time is ten per state agency and two per county. Each pilot
project must be substantively different from any other pilot project.

Subd. 2.

Coordinator's duties.

The pilot project coordinator is responsible for
general oversight of the pilot project program. Among the coordinator's duties are
ensuring that the maximum number and type of pilot projects is not exceeded. The
coordinator must develop, or assist state agencies in developing, any useful application
forms and procedures for use by applicants and state agencies.

Subd. 3.

County initiation; notice.

A county may apply to the pilot project
coordinator for permission to implement an alternative service delivery pilot project. The
coordinator must work in conjunction with the commissioner of the appropriate state
agency or agencies. The application at a minimum must include a resolution adopted at a
regular meeting of the county board 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 pilot project proposed 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.

Subd. 4.

County business plan.

The county alternative service delivery business
plan must:

(1) identify the service, program, process, or structure at issue;

(2) identify the statute, administrative rule, or the law imposing a requirement with
respect to which the waiver or exemption is requested;

(3) 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;

(4) include a description of the means by which the attainment of the outcome
will be measured;

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

(6) describe the consideration given to intergovernmental cooperation in providing
this service, and an explanation of why the county has elected to proceed independently if
the waiver or exemption is proposed by a single county;

(7) 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; and

(8) 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.

Subd. 5.

Review and approval of performance measures; outcome goals.

The coordinator and the commissioner of the affected state agency have 60 days to
review the application. The coordinator and commissioner must consult with appropriate
stakeholders. The coordinator and the commissioner of the affected state agency may
require changes to the county's performance measures and outcome goals. The coordinator
and the commissioner of the affected state agency must approve the performance measures
and outcome goals before the county may proceed with the pilot project.

Subd. 6.

Review and comment on alternative delivery.

After the coordinator and
the commissioner of the affected state agency have approved the performance measures
and outcome goals, they must review the county's plan to implement its alternative service
delivery pilot project. The coordinator and commissioner must consult with appropriate
stakeholders. The coordinator and the commissioner of the affected state agency may
comment on the plan and recommend changes. The county may adopt the recommended
changes or explain in writing to the coordinator and the commissioner of the affected state
agency within 30 days why it is not adopting the changes in the implementation.

Subd. 7.

No prejudice or violation of rights.

Before the coordinator and the
commissioner of the affected state agency approve an alternative service delivery pilot
project, they and the county must determine that any proposed waiver or suspension of
state laws, rules, or administrative procedures 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.

Subd. 8.

Modifications.

At a county's request, the coordinator and commissioner
for each affected state agency may approve modifications to the county's pilot project.
The coordinator and 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.

Sec. 4.

[402A.85] COUNTY EMPLOYEES.

(a) Any restructuring of county agencies under the MAGIC Act must include efforts
to ensure that fair and equitable arrangements are carried out to protect the interests of
county employees and to provide the best possible service to the public. The county shall
make an effort to train and retrain existing employees for a changing work environment.
Where a MAGIC Act pilot project may involve a loss of existing positions and
employment, the county shall assist affected employees in finding suitable employment.

(b) Options available to employees whose positions will be eliminated by
implementation of a MAGIC Act pilot project must include, at a minimum, job and
training opportunities necessary to qualify for another job in the same, an equal, or a lower
classification within the county.

(c) Procedures for notifying employees affected by MAGIC Act pilot projects must
be negotiated into collective bargaining agreements under chapter 179A. Upon notification
of a proposed pilot project, the bargaining unit is afforded the opportunity to bargain over
any changes to an employee's working conditions or employment status contained within
the proposed business plan. Nothing in this section shall be construed as diminishing any
rights of employers or employees as defined in collective bargaining agreements under
this chapter or chapter 179A.

(d) Employees of any pilot project remain employees of the county or counties
sponsoring the project and remain members of their existing collective bargaining unit,
if any.

Sec. 5.

[402A.90] CANCELLATION OF PILOT PROJECT.

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.

The coordinator, in consultation with the commissioner of any affected state agency,
may cancel a county's authority to continue operating its pilot project if the coordinator
determines that the county is not operating in compliance with its business plan.

Sec. 6.

[402A.95] EVALUATION AND REPORT.

Subdivision 1.

County report.

Each county participating in the alternative service
delivery pilot project program must provide to the coordinator and the commissioner
of each affected state agency 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 involved, the performance measures and outcome goals, what waivers or
exemptions were sought and granted, whether the pilot project was modified and why, the
successes and failures, costs, savings, and any other information the county, coordinator,
or commissioner determine is useful in evaluating the program. A final report is due
within three months of the county concluding its pilot project.

Subd. 2.

Report to governor and legislature.

By January 15 each year, the
coordinator 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.

Sec. 7. EFFECTIVE DATE.

This act is effective the day following final enactment.

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