Bill Text: MN SF1340 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Minnesota Accountable Government Innovation and Collaboration (MAGIC) Act; counties general welfare provisions authorization
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-20 - Senate file first reading, referred to Ways and Means [SF1340 Detail]
Download: Minnesota-2011-SF1340-Introduced.html
Bill Title: Minnesota Accountable Government Innovation and Collaboration (MAGIC) Act; counties general welfare provisions authorization
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-20 - Senate file first reading, referred to Ways and Means [SF1340 Detail]
Download: Minnesota-2011-SF1340-Introduced.html
1.2relating to counties; giving counties authority to provide for the general welfare;
1.3establishing an alternative service delivery pilot program for waivers; amending
1.4Minnesota Statutes 2010, section 375.18, by adding a subdivision; proposing
1.5coding for new law in Minnesota Statutes, chapter 402A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 375.18, is amended by adding a
1.10subdivision to read:
1.11 Subd. 16. General welfare. A county may exercise all powers necessary or fairly
1.12implied by an express delegation by the state of a duty or a grant of power, incident or
1.13essential to the exercise of an express delegation of a duty or a grant of power, and not
1.14expressly denied by or inconsistent with the laws and regulations of the state or the United
1.15States. A county may adopt reasonable ordinances, resolutions, and regulations relating to
1.16its property, affairs, and operations, and provide for the general health, safety, and welfare
1.17of the county. In exercising these powers, a county must not act in conflict or inconsistent
1.18with the powers and duties of other political subdivisions within the county.
1.21 Section 1. [402A.60] MINNESOTA ACCOUNTABLE GOVERNMENT
1.22INNOVATION AND COLLABORATION (MAGIC) ACT.
2.1Sections 402A.60 to 402A.95 may be cited as the Minnesota Accountable
2.2Government Innovation and Collaboration (MAGIC) Act. It is established to develop and
2.3test alternative models for service delivery by counties, that are focused on performance
2.4measures and outcomes rather than processes for delivering services.
2.5 Sec. 2. [402A.70] DEFINITIONS.
2.6 Subdivision 1. Application. The terms defined in this section apply to sections
2.7402A.60 to 402A.95.
2.8 Subd. 2. County. "County" includes a joint powers board of which a county is a
2.9member, and a service delivery authority as defined in section 402A.10, subdivision 5.
2.10 Subd. 3. Pilot project. "Pilot project" means a service that a county is providing by
2.11an alternative service delivery method that requires a waiver of or exemption from a law,
2.12rule, or procedure and that is approved under sections 402A.60 to 402A.95.
2.13 Subd. 4. Pilot project coordinator or coordinator. "Pilot project coordinator" or
2.14"coordinator" means a member of the governor's staff or a state agency who is designated
2.15by the governor to coordinate pilot projects among state agencies.
2.16 Sec. 3. [402A.80] PILOT PROJECT SELECTION PROCESS.
2.17 Subdivision 1. Scope of pilot project program. The maximum number of pilot
2.18projects in operation at any time is ten per state agency and two per county. Each pilot
2.19project must be substantively different from any other pilot project.
2.20 Subd. 2. Coordinator's duties. The pilot project coordinator is responsible for
2.21general oversight of the pilot project program. Among the coordinator's duties are
2.22ensuring that the maximum number and type of pilot projects is not exceeded. The
2.23coordinator must develop, or assist state agencies in developing, any useful application
2.24forms and procedures for use by applicants and state agencies.
2.25 Subd. 3. County initiation; notice. A county may apply to the pilot project
2.26coordinator for permission to implement an alternative service delivery pilot project. The
2.27coordinator must work in conjunction with the commissioner of the appropriate state
2.28agency or agencies. The application at a minimum must include a resolution adopted at a
2.29regular meeting of the county board held after at least two weeks' published notice. The
2.30county must notify the collective bargaining units with which the county has agreements
2.31for advice and comment on the pilot project proposal. The county board must permit
2.32interested parties to provide comments on the proposal before the county board takes
2.33action on the proposed resolution to submit a pilot project for implementation.
3.1 Subd. 4. County business plan. The county alternative service delivery business
3.2plan must:
3.3(1) identify the service, program, process, or structure at issue;
3.4(2) identify the statute, administrative rule, or the law imposing a requirement with
3.5respect to which the waiver or exemption is requested;
3.6(3) include a description of the performance measures developed under section 6.91
3.7or other method and outcomes sought, including an explanation of the effect of the waiver
3.8or exemption in accomplishing that outcome;
3.9(4) include a description of the means by which the attainment of the outcome
3.10will be measured;
3.11(5) specify the proposed date of implementation and expiration for the alternative
3.12service delivery model over a time period not less than 12 months and not more than
3.1336 months;
3.14(6) describe the consideration given to intergovernmental cooperation in providing
3.15this service, and an explanation of why the county has elected to proceed independently if
3.16the waiver or exemption is proposed by a single county; and
3.17(7) include a contingency plan that allows the county to abandon the pilot project
3.18voluntarily or due to the pilot project reaching its expiration date, and provide for the
3.19service delivery under existing laws and procedures.
3.20 Subd. 5. Review and approval of performance measures; outcome goals. The
3.21coordinator and the commissioner of the affected state agency have 60 days to review the
3.22application. The coordinator and the commissioner of the affected state agency may
3.23require changes to the county's performance measures and outcome goals. The coordinator
3.24and the commissioner of the affected state agency must approve the performance measures
3.25and outcome goals before the county may proceed with the pilot project.
3.26 Subd. 6. Review and comment on alternative delivery. After the coordinator and
3.27the commissioner of the affected state agency have approved the performance measures
3.28and outcome goals, they must review the county's plan to implement its alternative
3.29service delivery pilot project. The coordinator and the commissioner of the affected state
3.30agency may comment on the plan and recommend changes. The county may adopt the
3.31recommended changes or explain in writing to the coordinator and the commissioner
3.32of the affected state agency within 30 days why it is not adopting the changes in the
3.33implementation.
3.34 Subd. 7. No prejudice or violation of rights. Before the coordinator and the
3.35commissioner of the affected state agency approve an alternative service delivery pilot
3.36project, they and the county must determine that any proposed waiver or suspension of
4.1state laws, rules, or administrative procedures will not prejudice a substantial legal right of
4.2any person, violate due process or any other state or federal law, or jeopardize state plan
4.3agreements with the federal government and related federal funding.
4.4 Subd. 8. Modifications. At a county's request, the coordinator and commissioner
4.5for each affected state agency may approve modifications to the county's pilot project.
4.6The coordinator and commissioner may also submit recommended modifications in
4.7writing during the term of the pilot project, but a county is not required to implement
4.8the modifications.
4.9 Sec. 4. [402A.90] CANCELLATION OF PILOT PROJECT.
4.10A county may abandon a pilot project if it determines it will not meet the outcomes
4.11identified. It must follow procedures identified in its business plan to abandon the project
4.12and provide for the service delivery under existing laws and procedures.
4.13The coordinator, in consultation with the commissioner of any affected state agency,
4.14may cancel a county's authority to continue operating its pilot project if the coordinator
4.15determines that the county is not operating in compliance with its business plan.
4.16 Sec. 5. [402A.95] EVALUATION AND REPORT.
4.17 Subdivision 1. County report. Each county participating in the alternative service
4.18delivery pilot project program must provide to the coordinator and the commissioner
4.19of each affected state agency an annual report on its experience to date with the pilot
4.20project. The report is due by December 15. The report must include information on
4.21the services involved, the performance measures and outcome goals, what waivers or
4.22exemptions were sought and granted, whether the pilot project was modified and why, the
4.23successes and failures, costs, savings, and any other information the county, coordinator,
4.24or commissioner determine is useful in evaluating the program. A final report is due
4.25within three months of the county concluding its pilot project.
4.26 Subd. 2. Report to governor and legislature. By January 15 each year, the
4.27coordinator must compile the county reports into one report to the governor, legislative
4.28leaders, and the chairs and ranking minority members of the legislative committees with
4.29jurisdiction over policy and finance related to state government operations, taxes, and the
4.30program areas in which pilot projects have been implemented. The report must also list all
4.31active pilot projects and their expiration dates.
4.32 Sec. 6. EFFECTIVE DATE.
4.33This act is effective the day following final enactment.
1.3establishing an alternative service delivery pilot program for waivers; amending
1.4Minnesota Statutes 2010, section 375.18, by adding a subdivision; proposing
1.5coding for new law in Minnesota Statutes, chapter 402A.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 375.18, is amended by adding a
1.10subdivision to read:
1.11 Subd. 16. General welfare. A county may exercise all powers necessary or fairly
1.12implied by an express delegation by the state of a duty or a grant of power, incident or
1.13essential to the exercise of an express delegation of a duty or a grant of power, and not
1.14expressly denied by or inconsistent with the laws and regulations of the state or the United
1.15States. A county may adopt reasonable ordinances, resolutions, and regulations relating to
1.16its property, affairs, and operations, and provide for the general health, safety, and welfare
1.17of the county. In exercising these powers, a county must not act in conflict or inconsistent
1.18with the powers and duties of other political subdivisions within the county.
1.21 Section 1. [402A.60] MINNESOTA ACCOUNTABLE GOVERNMENT
1.22INNOVATION AND COLLABORATION (MAGIC) ACT.
2.1Sections 402A.60 to 402A.95 may be cited as the Minnesota Accountable
2.2Government Innovation and Collaboration (MAGIC) Act. It is established to develop and
2.3test alternative models for service delivery by counties, that are focused on performance
2.4measures and outcomes rather than processes for delivering services.
2.5 Sec. 2. [402A.70] DEFINITIONS.
2.6 Subdivision 1. Application. The terms defined in this section apply to sections
2.7402A.60 to 402A.95.
2.8 Subd. 2. County. "County" includes a joint powers board of which a county is a
2.9member, and a service delivery authority as defined in section 402A.10, subdivision 5.
2.10 Subd. 3. Pilot project. "Pilot project" means a service that a county is providing by
2.11an alternative service delivery method that requires a waiver of or exemption from a law,
2.12rule, or procedure and that is approved under sections 402A.60 to 402A.95.
2.13 Subd. 4. Pilot project coordinator or coordinator. "Pilot project coordinator" or
2.14"coordinator" means a member of the governor's staff or a state agency who is designated
2.15by the governor to coordinate pilot projects among state agencies.
2.16 Sec. 3. [402A.80] PILOT PROJECT SELECTION PROCESS.
2.17 Subdivision 1. Scope of pilot project program. The maximum number of pilot
2.18projects in operation at any time is ten per state agency and two per county. Each pilot
2.19project must be substantively different from any other pilot project.
2.20 Subd. 2. Coordinator's duties. The pilot project coordinator is responsible for
2.21general oversight of the pilot project program. Among the coordinator's duties are
2.22ensuring that the maximum number and type of pilot projects is not exceeded. The
2.23coordinator must develop, or assist state agencies in developing, any useful application
2.24forms and procedures for use by applicants and state agencies.
2.25 Subd. 3. County initiation; notice. A county may apply to the pilot project
2.26coordinator for permission to implement an alternative service delivery pilot project. The
2.27coordinator must work in conjunction with the commissioner of the appropriate state
2.28agency or agencies. The application at a minimum must include a resolution adopted at a
2.29regular meeting of the county board held after at least two weeks' published notice. The
2.30county must notify the collective bargaining units with which the county has agreements
2.31for advice and comment on the pilot project proposal. The county board must permit
2.32interested parties to provide comments on the proposal before the county board takes
2.33action on the proposed resolution to submit a pilot project for implementation.
3.1 Subd. 4. County business plan. The county alternative service delivery business
3.2plan must:
3.3(1) identify the service, program, process, or structure at issue;
3.4(2) identify the statute, administrative rule, or the law imposing a requirement with
3.5respect to which the waiver or exemption is requested;
3.6(3) include a description of the performance measures developed under section 6.91
3.7or other method and outcomes sought, including an explanation of the effect of the waiver
3.8or exemption in accomplishing that outcome;
3.9(4) include a description of the means by which the attainment of the outcome
3.10will be measured;
3.11(5) specify the proposed date of implementation and expiration for the alternative
3.12service delivery model over a time period not less than 12 months and not more than
3.1336 months;
3.14(6) describe the consideration given to intergovernmental cooperation in providing
3.15this service, and an explanation of why the county has elected to proceed independently if
3.16the waiver or exemption is proposed by a single county; and
3.17(7) include a contingency plan that allows the county to abandon the pilot project
3.18voluntarily or due to the pilot project reaching its expiration date, and provide for the
3.19service delivery under existing laws and procedures.
3.20 Subd. 5. Review and approval of performance measures; outcome goals. The
3.21coordinator and the commissioner of the affected state agency have 60 days to review the
3.22application. The coordinator and the commissioner of the affected state agency may
3.23require changes to the county's performance measures and outcome goals. The coordinator
3.24and the commissioner of the affected state agency must approve the performance measures
3.25and outcome goals before the county may proceed with the pilot project.
3.26 Subd. 6. Review and comment on alternative delivery. After the coordinator and
3.27the commissioner of the affected state agency have approved the performance measures
3.28and outcome goals, they must review the county's plan to implement its alternative
3.29service delivery pilot project. The coordinator and the commissioner of the affected state
3.30agency may comment on the plan and recommend changes. The county may adopt the
3.31recommended changes or explain in writing to the coordinator and the commissioner
3.32of the affected state agency within 30 days why it is not adopting the changes in the
3.33implementation.
3.34 Subd. 7. No prejudice or violation of rights. Before the coordinator and the
3.35commissioner of the affected state agency approve an alternative service delivery pilot
3.36project, they and the county must determine that any proposed waiver or suspension of
4.1state laws, rules, or administrative procedures will not prejudice a substantial legal right of
4.2any person, violate due process or any other state or federal law, or jeopardize state plan
4.3agreements with the federal government and related federal funding.
4.4 Subd. 8. Modifications. At a county's request, the coordinator and commissioner
4.5for each affected state agency may approve modifications to the county's pilot project.
4.6The coordinator and commissioner may also submit recommended modifications in
4.7writing during the term of the pilot project, but a county is not required to implement
4.8the modifications.
4.9 Sec. 4. [402A.90] CANCELLATION OF PILOT PROJECT.
4.10A county may abandon a pilot project if it determines it will not meet the outcomes
4.11identified. It must follow procedures identified in its business plan to abandon the project
4.12and provide for the service delivery under existing laws and procedures.
4.13The coordinator, in consultation with the commissioner of any affected state agency,
4.14may cancel a county's authority to continue operating its pilot project if the coordinator
4.15determines that the county is not operating in compliance with its business plan.
4.16 Sec. 5. [402A.95] EVALUATION AND REPORT.
4.17 Subdivision 1. County report. Each county participating in the alternative service
4.18delivery pilot project program must provide to the coordinator and the commissioner
4.19of each affected state agency an annual report on its experience to date with the pilot
4.20project. The report is due by December 15. The report must include information on
4.21the services involved, the performance measures and outcome goals, what waivers or
4.22exemptions were sought and granted, whether the pilot project was modified and why, the
4.23successes and failures, costs, savings, and any other information the county, coordinator,
4.24or commissioner determine is useful in evaluating the program. A final report is due
4.25within three months of the county concluding its pilot project.
4.26 Subd. 2. Report to governor and legislature. By January 15 each year, the
4.27coordinator must compile the county reports into one report to the governor, legislative
4.28leaders, and the chairs and ranking minority members of the legislative committees with
4.29jurisdiction over policy and finance related to state government operations, taxes, and the
4.30program areas in which pilot projects have been implemented. The report must also list all
4.31active pilot projects and their expiration dates.
4.32 Sec. 6. EFFECTIVE DATE.
4.33This act is effective the day following final enactment.
