Minnesota Session Laws - 1995, Regular Session

                             CHAPTER 57-S.F.No. 204 
                  An act relating to state government; requiring 
                  reporting on and certain analysis of federal mandates 
                  imposed on state agencies. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [FEDERAL MANDATES.] 
           Subdivision 1.  [REPORTING.] Each agency that administers a 
        program supported in whole or in part by federal funds or that 
        administers a program subject to significant federal mandates 
        shall report the information required by this section at a time 
        and in the manner prescribed by the commissioner of finance.  
        The commissioner of finance, in conjunction with the director of 
        the office of strategic and long-range planning, shall compile 
        this information and submit it to the legislature by January 15, 
        1996. 
           Subd. 2.  [CONTENTS OF REPORTS.] For each program supported 
        by federal funds, and for programs subject to significant 
        federal mandates but not supported by federal funds, the agency 
        shall report: 
           (1) the anticipated amount of federal funding for the 
        program for each fiscal year of the next biennium; 
           (2) the proposed amount of state funding associated with 
        the program, and the source of this state funding; 
           (3) the extent to which the state funding associated with 
        the program is mandated by federal law; 
           (4) the extent to which the state funding mandated by 
        federal law is in compliance with state policy; 
           (5) the cost to the state of federal mandates above the 
        level of spending that is in compliance with state policy; 
           (6) how costs to the state that are not in compliance with 
        state policy can be minimized, by means such as changing state 
        laws, rules, or policies, seeking waivers of federal 
        requirements, taking administrative action, or taking legal 
        action; and 
           (7) the extent to which the agency could achieve the 
        outcomes desired by the federal mandate in a less expensive or 
        more efficient manner if the federal mandate were modified or 
        repealed. 
           For purposes of clauses (4) to (6), state policy must be 
        determined first by reference to state laws, and then by 
        reference to state administrative rules.  If an agency 
        determines under clause (6) that costs imposed by federal 
        mandates are not in compliance with state policy, the agency 
        shall take all steps consistent with its legal authority to 
        minimize these costs. 
           Subd. 3.  [COMMISSIONER OF FINANCE.] The commissioner of 
        finance: 
           (1) shall determine which agencies need not report under 
        this section because they are not subject to significant federal 
        mandates; 
           (2) shall report on significant federal mandates that apply 
        broadly to all agencies, such as mandates affecting terms and 
        conditions of employment for state employees; and 
           (3) may determine that certain federal mandates, such as 
        federal civil rights laws, are not subject to this section 
        because the policies expressed in those mandates are identical 
        or very similar to policies expressed in state law. 
           Presented to the governor April 17, 1995 
           Signed by the governor April 18, 1995, 12:25 p.m.