Bill Text: MN HF1072 | 2013-2014 | 88th Legislature | Introduced


Bill Title: County alternative service delivery pilot program established, and employee transfers provided.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2013-03-20 - Author added Fabian [HF1072 Detail]

Download: Minnesota-2013-HF1072-Introduced.html

1.1A bill for an act
1.2relating to local government; establishing a county alternative service delivery
1.3pilot program; providing for employees transferred to provide alternative service
1.4delivery under the pilot program;proposing coding for new law in Minnesota
1.5Statutes, chapter 375.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. [375.90] MINNESOTA ACCOUNTABLE GOVERNMENT
1.8INNOVATION AND COLLABORATION (MAGIC) ACT.
1.9Sections 375.90 to 375.97 may be cited as the "Minnesota Accountable Government
1.10Innovation and Collaboration (MAGIC) Act." It is established to develop and test
1.11alternative models for service delivery by counties that are focused on performance
1.12measures and outcomes rather than processes for delivering services.
1.13EFFECTIVE DATE.This section is effective the day following final enactment.

1.14    Sec. 2. [375.91] DEFINITIONS.
1.15    Subdivision 1. Application. The terms defined in this section apply to sections
1.16375.90 to 375.97.
1.17    Subd. 2. Commissioner. "Commissioner" means the commissioner or
1.18commissioners of the affected state agency or agencies reviewing or approving a county
1.19alternative service delivery pilot project business plan and performance measures and
1.20outcome goals.
1.21    Subd. 3. County. "County" includes an individual county, a group of contiguous
1.22counties, a joint powers board of which a county is a member, and a service delivery
1.23authority as defined in section 402A.10, subdivision 5.
2.1    Subd. 4. Pilot project. "Pilot project" means a service, program, or process that a
2.2county is operating through an alternative service delivery method approved under sections
2.3375.90 to 375.97 and that requires (1) authority not expressly provided or necessarily
2.4implied in law for the county, or (2) a waiver of or exemption from a law, rule, or procedure.
2.5EFFECTIVE DATE.This section is effective the day following final enactment.

2.6    Sec. 3. [375.92] POWERS NECESSARY FOR PILOT PROJECTS.
2.7(a) A county may exercise powers not expressly provided or necessarily implied
2.8in law for the county if they are specifically necessary and required to implement a pilot
2.9project approved under section 375.93, but may not take any action expressly denied by or
2.10inconsistent with the laws and regulations of the state or the United States.
2.11(b) In exercising these powers, a county must not act in conflict with or inconsistent
2.12with the powers and duties of other political subdivisions within the county.
2.13(c) The authority granted in this section is subject to section 471.633 and all other
2.14laws related to express preemption of local control.
2.15EFFECTIVE DATE.This section is effective the day following final enactment.

2.16    Sec. 4. [375.93] PILOT PROJECT SELECTION PROCESS.
2.17    Subdivision 1. Scope of pilot project program. Each pilot project must be
2.18substantively different from any other pilot project. No pilot project may be approved
2.19if its implementation would be in conflict with or inconsistent with the powers, duties,
2.20ordinances, or resolutions of political subdivisions within the county.
2.21    Subd. 2. Application process. The commissioner, in consultation with and with
2.22assistance from the Association of Minnesota Counties, shall determine the appropriate
2.23application procedures for a proposed pilot project.
2.24    Subd. 3. County initiation; notice. A county may apply to the commissioner for
2.25permission to implement an alternative service delivery pilot project. The application, at a
2.26minimum, must include a resolution adopted at a regular meeting of the county board.
2.27At least one week before adopting the resolution, the county must allow public comment
2.28on the pilot project proposal at a public hearing held after at least two weeks' published
2.29notice. The county must provide notice of the proposed pilot project to (1) the collective
2.30bargaining units with which the county has agreements, and (2) any person or organization
2.31that represents potentially affected service recipients. The county board must permit any
2.32party receiving notice of the proposed pilot project and any other interested parties to
3.1provide comments on the proposal before the county board takes action on the proposed
3.2resolution to submit a pilot project for implementation.
3.3    Subd. 4. County business plan. The county alternative service delivery business
3.4plan must:
3.5(1) identify the service, program, process, or structure at issue;
3.6(2) identify the power the county needs to exercise that is not authorized in law,
3.7if applicable;
3.8(3) identify the law or administrative rule imposing a requirement with respect to
3.9which the waiver or exemption is requested, if applicable;
3.10(4) include a description of the performance measures developed under section 6.91
3.11or other method and outcomes sought, including an explanation of the effect of the waiver
3.12or exemption in accomplishing that outcome, if applicable;
3.13(5) include a description of the means by which the attainment of the outcome
3.14will be measured;
3.15(6) specify the proposed date of implementation and expiration for the alternative
3.16service delivery model over a time period of not less than 12 months and not more than
3.1736 months;
3.18(7) describe the consideration given to intergovernmental cooperation in providing
3.19this service, and explain why the county has elected to proceed independently if the waiver
3.20or exemption is proposed by a single county;
3.21    (8) describe how the county will seek out and take into consideration the advice of
3.22those receiving services who may be affected by the pilot project;
3.23(9) describe how the county has consulted with potentially affected public employees
3.24in developing the business plan, state the county's assessment of what changes for public
3.25employees may result if the pilot project becomes a permanent change, and describe how
3.26the county will comply with chapter 179A; and
3.27(10) include a contingency plan that allows the county to abandon the pilot project
3.28voluntarily or due to the pilot project reaching its expiration date, and provide for the
3.29service delivery under existing laws and procedures.
3.30    Subd. 5. Review and approval of pilot project. The commissioner has 60 days to
3.31review the application. The commissioner must consult with appropriate stakeholders,
3.32including exclusive representatives of county employees. The commissioner may approve,
3.33reject, or propose changes to the county's pilot project. If the commissioner approves
3.34the pilot project, the county may proceed with implementation. If the commissioner
3.35rejects or proposes changes to the pilot project, the commissioner must provide a written
3.36explanation to the county.
4.1    Subd. 6. County review of proposed changes. If the commissioner proposes
4.2changes to the pilot project under subdivision 5, the county board must review the
4.3proposed changes at a public hearing. The county board may:
4.4(1) accept the proposed changes and proceed with implementation of the pilot project;
4.5(2) reject the proposed changes and cancel the proposed pilot project; or
4.6(3) seek a separate review of the pilot project under subdivision 7.
4.7    Subd. 7. Request for separate review. If the commissioner rejects or proposes
4.8changes to the pilot project under subdivision 5, a county may seek a separate review of
4.9the proposed pilot project by submitting the following information to the commissioner
4.10of administration:
4.11(1) a copy of the pilot project's proposed business plan;
4.12(2) the commissioner's written explanation under subdivision 5; and
4.13(3) a letter detailing the county's objections to the commissioner's rejection or
4.14proposed changes, including comments from affected stakeholders.
4.15    Subd. 8. Separate review by commissioner of administration. After the
4.16commissioner of administration receives the information required under subdivision
4.177, the commissioner of administration shall to review the record and render a decision
4.18within 30 calendar days to:
4.19(1) approve the county's proposed pilot project, at which point the county may
4.20implement the pilot project;
4.21(2) uphold the rejection or changes proposed by the commissioner; or
4.22(3) approve a modified version of the county's proposed pilot project if those
4.23modifications are agreed to in writing by both the county and the commissioner of the
4.24affected state agency, during the 30-day review period.
4.25The commissioner of administration shall provide written notice of the
4.26commissioner's decision to both the county and commissioner of the affected state agency.
4.27    Subd. 9. County decision. If the commissioner of administration upholds the
4.28proposed changes to the pilot project, the county shall review the decision at a public
4.29hearing. The county may choose either to accept any proposed changes to the pilot project
4.30or reject the proposed changes and cancel the proposed pilot project.
4.31    Subd. 10. No prejudice or violation of rights. Before the county may begin
4.32implementation of an alternative service delivery pilot project, the commissioner and the
4.33county must determine that any exercise of authority not expressly granted or necessarily
4.34implied in law but necessary to achieve the outcomes, or that any proposed waiver or
4.35suspension of a state law, rule, or administrative procedure, will not prejudice a substantial
4.36legal right of any person, violate due process or any other state or federal law, or
5.1jeopardize state plan agreements with the federal government and related federal funding.
5.2No exercise of authority or waiver or suspension of state law, rule, or administrative
5.3procedure may modify the requirements of chapter 13 or 13D or section 15.17, or any
5.4public notice requirement in law.
5.5    Subd. 11. Modifications. At a county's request, the commissioner may
5.6approve modifications to the county's performance measures and outcome goals. The
5.7commissioner may also submit recommended modifications in writing during the term of
5.8the pilot project, but a county is not required to implement the modifications.
5.9EFFECTIVE DATE.This section is effective the day following final enactment.

5.10    Sec. 5. [375.94] EMPLOYEES.
5.11    Subdivision 1. Application. This section and sections 179A.01 to 179A.09,
5.12179A.12 to 179A.21, 179A.24, and 179A.25 apply to entities participating in pilot projects
5.13under sections 375.90 to 375.97.
5.14    Subd. 2. When this section does not apply. This section does not apply when
5.15one entity provides services to another entity and no employee of either is laid off,
5.16no employee's hours or benefits or seniority are reduced, no employee's employment
5.17is terminated, and no employee of either is otherwise displaced due to the change in
5.18provision of the services.
5.19    Subd. 3. Employment, wage, benefits, employee organization status, and legal
5.20status continued. (a) Employees of an entity covered by this section are public employees
5.21under section 179A.03, subdivision 14. Entities covered by this subdivision are public
5.22employers under section 179A.03, subdivision 15.
5.23(b) During the term of a pilot project, all employees whose responsibilities
5.24are transferred to the entity and who, prior to the creation of the pilot project, were
5.25employees of a member of the entity, shall continue to be employees and shall retain
5.26their employment with the member of the entity and shall continue to be covered by
5.27their collective bargaining agreement, and receive all wages, benefits, and prerequisites
5.28due employees of the member of the entity.
5.29EFFECTIVE DATE.This section is effective the day following final enactment
5.30and applies to pilot projects established after that date.

5.31    Sec. 6. [375.95] CANCELLATION OF PILOT PROJECT.
6.1A county may abandon a pilot project if it determines it will not meet the outcomes
6.2identified. It must follow procedures identified in its business plan to abandon the project
6.3and provide for the service delivery under existing laws and procedures.
6.4The commissioner may cancel a county's authority to continue operating its pilot
6.5project if the commissioner determines that the county is not operating in compliance
6.6with its business plan.
6.7EFFECTIVE DATE.This section is effective the day following final enactment.

6.8    Sec. 7. [375.96] TEMPORARY EXTENSION.
6.9A county may submit a request in writing to the commissioner to extend the pilot
6.10project for up to 12 months. The request must be submitted at least 120 days before the
6.11project's initial expiration date. The county must certify that it is seeking legislative or
6.12agency approval to make the waivers and processes authorized under the pilot project
6.13permanent under law or rule. The county must also notify the appropriate stakeholders of
6.14the request for the extension. The commissioner may approve an extension request within
6.1590 days of the pilot project's expiration, or within 60 days of receiving the extension
6.16request, whichever is sooner. A pilot project cannot continue past its initial expiration
6.17date without the commissioner's approval. The commissioner must provide notice of
6.18the commissioner's decision to legislative leaders and the chairs and ranking minority
6.19members of the legislative committees with jurisdiction over the subject matter.
6.20EFFECTIVE DATE.This section is effective the day following final enactment.

6.21    Sec. 8. [375.97] EVALUATION AND REPORT.
6.22    Subdivision 1. County report. Each county participating in the alternative service
6.23delivery pilot project program must provide to the commissioner an annual report on its
6.24experience to date with the pilot project. The report is due by December 15. The report
6.25must include information on the services or processes involved; the performance measures
6.26and outcome goals; what waivers or exemptions were sought and granted; whether the
6.27pilot project was modified and why; and the successes and failures, costs, savings, and
6.28any other information the county or commissioner determines is useful in evaluating the
6.29program. The report must also include an assessment of the changes affecting public
6.30employees and how the county will meet the requirements of chapter 179A and section
6.31375.94 if the pilot project becomes a permanent change in service delivery. A final report
6.32is due within three months of the county concluding its pilot project.
7.1    Subd. 2. Report to governor and legislature. By January 15 of each year, the
7.2commissioner must compile the county reports into one report to the governor, legislative
7.3leaders, and the chairs and ranking minority members of the legislative committees with
7.4jurisdiction over policy and finance related to state government operations, taxes, and the
7.5program areas in which pilot projects have been implemented. The report must also list all
7.6active pilot projects and their expiration dates.
7.7EFFECTIVE DATE.This section is effective the day following final enactment.
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