MN HF1965

County governments may opt out of state mandates listed in subdivision 3 through written resolution of the governing body after public notice and hearing, with a separate resolution required for each mandate.

County opt-out resolutions must specifically cite the state law imposing the mandate, identify compliance costs and available federal and state funds, state reasons for opting out, and indicate how the county will otherwise meet mandate objectives or why they should not apply.

Counties cannot opt out of a mandate if doing so would increase costs to any state fund or create lack of uniformity for programs with statewide uniformity requirements under federal law or rule, as determined by the Department of Management and Budget commissioner.

Counties must provide public notice of proposed opt-out resolutions including information on whether state or federal funding might be adversely affected, and must file adopted resolutions with the commissioner of the Department of Management and Budget.

Beginning January 1, 2010, counties may opt out of section 119B.11, subdivision 1, with this section effective January 1, 2010.