SF 1163

as introduced - 89th Legislature (2015 - 2016) Posted on 02/27/2015 09:30am

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 [471.198] 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. The manuals may also be published on a county or city Web site. If
the manuals are published on a Web site, the Web site must include the physical location
where the information is available. If the manuals are not published on a Web site, the
information must be available at the city clerk's office or another county office designated
by the county board.
new text end

new text begin (b) If the information described in paragraph (a) relates to 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 the form, the due dates of payments, any other requirements, and the
consequences of late payment or nonpayment of the fee or assessment.
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. Information that is not available to the public under the Administrative
Procedure Act is not included. Law enforcement procedures relating to investigations or
similar activities are included only if approved by the chief law enforcement officer of the
county or city, or in the absence of a chief law enforcement officer, only if approved by
at least two other law enforcement officers to whom decision-making authority has been
delegated by the chief law enforcement officer.
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