HF 2084

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/19/2012 04:41pm

A bill for an act
relating to local government; providing for compensation when a political
subdivision enters into mixed municipal solid waste collection business;
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 [471.3457] GOVERNMENT ENTRY INTO MIXED MUNICIPAL
SOLID WASTE COLLECTION SERVICES BUSINESS.
new text end

new text begin Subdivision 1. new text end

new text begin Political subdivision must compensate. new text end

new text begin A political subdivision
must pay a person providing mixed municipal solid waste collection services the fair
market value of the business lost if:
new text end

new text begin (1) the political subdivision determines to provide, directly or indirectly, mixed
municipal solid waste collection services previously provided by the private person
within the jurisdiction of the state or political subdivision or limits the number of private
persons who are permitted to provide the mixed municipal solid waste collection services
within the jurisdiction so as to exclude the private person then providing such services
from continuing to do so;
new text end

new text begin (2) as a result of the political subdivision's actions, the person is not able to continue
in business to provide substantially the same mixed municipal solid waste collection
services as before; and
new text end

new text begin (3) but for the political subdivision's actions, the person would be able to continue
to provide substantially the same mixed municipal solid waste collection services in
substantially the same market as before the government's actions.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin Subdivision 1 does not apply if the person provides mixed
municipal solid waste collection services to that political subdivision under a contract
between the person or a corporation or association in which the person is a shareholder or
member and the political subdivision that sets forth the terms and conditions under which
the person or a corporation or association in which the person is a shareholder or member
can provide the services in the political subdivision. Subdivision 1 does not apply if the
political subdivision does not renew or terminates the contract for collection services.
new text end

new text begin Subd. 3. new text end

new text begin Statute of limitations. new text end

new text begin If the political subdivision and the person providing
mixed municipal solid waste collection services do not reach an agreement on the fair
market value of the lost business as required under subdivision 1, either party may bring
an action in district court in the district in which the political subdivision is located for
a determination of the amount of compensation. An action under this subdivision must
be commenced within six months of the day the political subdivision makes a final
decision to provide or regulate mixed municipal solid waste collection services that are
the subject of the dispute.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to mixed municipal solid waste collection service contracts entered into,
or mixed municipal solid waste collection service ordinances enacted, by a political
subdivision on or after that date.
new text end