HF 796

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state agencies; authorizing state agencies 
  1.3             to enter into customer service contracts; requiring 
  1.4             the refund of license fees to certain applicants if 
  1.5             licenses are not issued within six weeks; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 15. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [15.101] [CUSTOMER SERVICE.] 
  1.9      Subdivision 1.  [DEFINITIONS.] For purposes of this section 
  1.10  and section 15.102: 
  1.11     (1) "business license" or "license" has the meaning given 
  1.12  it in section 116J.70, subdivision 2, and also includes licenses 
  1.13  and other forms of approval listed in section 116J.70, 
  1.14  subdivision 2a, clauses (1) and (3) to (8); 
  1.15     (2) "customer service contract" means the contract 
  1.16  described in subdivision 3; 
  1.17     (3) "customer" means an individual; a small business as 
  1.18  defined in section 645.445, but including a nonprofit 
  1.19  corporation that otherwise meets the definition of that section; 
  1.20  a family farm, family farm corporation, or family farm 
  1.21  partnership as defined by section 500.24, subdivision 2; or a 
  1.22  unit of local government, any of whom needs a business license 
  1.23  or license from one or more agencies of state government; and 
  1.24     (4) "customer service coordinator" means the state agency 
  1.25  with the most significant license requirement or the designee of 
  1.26  that agency. 
  2.1      Subd. 2.  [RESPONSIBILITY FOR CUSTOMER NEEDS.] If a 
  2.2   customer identifies that there is more than one department or 
  2.3   agency of state government that must take action before a 
  2.4   customer can proceed with an activity, the customer service 
  2.5   coordinator must assume primary responsibility for coordinating 
  2.6   the actions of all identified departments or agencies. 
  2.7      Subd. 3.  [CONTRACT WITH CUSTOMER.] A customer may require 
  2.8   the customer service coordinator to enter into a customer 
  2.9   service contract regarding the following issues: 
  2.10     (1) specifying each department or agency necessary to serve 
  2.11  the customer's needs; 
  2.12     (2) identifying the specific employee or employees in each 
  2.13  department or agency who will be accountable for that 
  2.14  department's or agency's work in serving the customer, along 
  2.15  with each employee's telephone number, fax number, if any, 
  2.16  postal address, and electronic mail address, if any; 
  2.17     (3) identifying all licenses, permits, or other forms of 
  2.18  approval the customer will need from state government for the 
  2.19  customer to proceed with the customer's activity; 
  2.20     (4) a timetable and work plan by which the various 
  2.21  departments and agencies will respond to the customer's needs; 
  2.22  and 
  2.23     (5) other matters the parties agree should be addressed in 
  2.24  the customer service contract. 
  2.25     The customer service coordinator must enter into a contract 
  2.26  under this section within 30 days of a request by a customer.  
  2.27  However, if a contract under this section must be approved by a 
  2.28  board, and if the board does not meet within 30 days of the 
  2.29  request by a customer, the customer service coordinator must 
  2.30  enter into a contract within five days after the first board 
  2.31  meeting after the request by a customer. 
  2.32     The customer service coordinator shall require the customer 
  2.33  to submit information necessary for the coordinator to determine 
  2.34  what state agency approvals are required.  A contract entered 
  2.35  into under this section and section 15.102 is void if the 
  2.36  customer submitted inadequate or inaccurate information, and the 
  3.1   inadequacy or inaccuracy of the information is relevant to state 
  3.2   agency approval of the customer's request. 
  3.3      Sec. 2.  [15.102] [TIME LIMITATION.] 
  3.4      Subdivision 1.  [COORDINATION; APPROVAL.] The customer 
  3.5   service coordinator must assure that all identified departments 
  3.6   and agencies take action on all licenses, permits, or other 
  3.7   forms of approval identified in the contract.  If action on any 
  3.8   license, permit, or other form of approval is not concluded 
  3.9   within 45 days of the signing of the contract, or within a 
  3.10  longer period specified pursuant to subdivision 2, the license, 
  3.11  permit, or other form of approval is deemed granted. 
  3.12     Subd. 2.  [LONGER TIME LIMITS.] (a) The customer service 
  3.13  coordinator may provide a time limit longer than the 45 days 
  3.14  provided in subdivision 1 only if:  
  3.15     (1) the customer service coordinator certifies that a 
  3.16  longer period is necessary to protect against serious and 
  3.17  significant harm to the public health, safety, or welfare; 
  3.18     (2) an agency, in its discretion, certifies and states 
  3.19  reasons why a longer period is necessary to carry out state or 
  3.20  federal requirements or purposes, in which case the longer 
  3.21  period must be specified in the contract; or 
  3.22     (3) one of the agencies that must take action is a 
  3.23  multimember board, in which case the time limit in the contract 
  3.24  must include sufficient time for the board to act on 
  3.25  recommendations from its staff. 
  3.26     (b) The 45-day period in this section does not begin to run 
  3.27  until the customer has completed any required application in 
  3.28  complete, correct form, and has supplied any required 
  3.29  information or documentation. 
  3.30     Subd. 3.  [EXCLUSIONS.] This section does not apply to a 
  3.31  license, permit, or other form of approval, the issuance of 
  3.32  which requires: 
  3.33     (1) one or more public hearings or public notice 
  3.34  requirements; or 
  3.35     (2) an environmental impact statement or environmental 
  3.36  assessment worksheet. 
  4.1      Subd. 4.  [COMPLIANCE.] Where a license, permit, or other 
  4.2   form of approval is deemed granted pursuant to subdivision 1, 
  4.3   nothing in this section limits the ability or right of any state 
  4.4   agency or department to suspend, limit, revoke, or change a 
  4.5   license, permit, or other form of approval for failure by the 
  4.6   customer to comply with applicable laws or rules. 
  4.7      Subd. 5.  [LIMIT ON REVIEW.] The decision of an agency 
  4.8   under subdivision 2 that a time period longer than 45 days is 
  4.9   necessary to carry out statutory requirements or statutory 
  4.10  purposes is not subject to judicial review. 
  4.11     Sec. 3.  [15.442] [REFUNDS OF LICENSE FEES.] 
  4.12     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  4.13     (1) "agency" has the meaning given it in section 16B.01, 
  4.14  subdivision 2; 
  4.15     (2) "applicant" means an individual; a small business as 
  4.16  defined by section 645.445; or a family farm, family farm 
  4.17  corporation, or family farm partnership as defined by section 
  4.18  500.24, subdivision 2; 
  4.19     (3) "license" means a license, permit, variance, order, or 
  4.20  other document or agency action required to permit an applicant 
  4.21  to engage in certain conduct, perform an action, or refrain from 
  4.22  performing an action; and 
  4.23     (4) "fee" means an amount of money paid for a license as 
  4.24  defined in clause (3) that covers the cost of processing, 
  4.25  investigating, and issuing the license, including a fee paid to 
  4.26  a political subdivision or an agent of the state or a political 
  4.27  subdivision, but does not include: 
  4.28     (i) any charge the collection of which is administered by 
  4.29  the commissioner of revenue, other than a fee for a license the 
  4.30  commissioner issues; 
  4.31     (ii) reemployment insurance tax required by chapter 268; or 
  4.32     (iii) motor vehicle registration tax required by chapter 
  4.33  168. 
  4.34     Subd. 2.  [REFUNDS REQUIRED.] An agency, upon request of an 
  4.35  applicant, shall refund the fee paid by the applicant for a 
  4.36  license if the agency has not taken final action on the 
  5.1   application and conveyed the license, or other action on the 
  5.2   application, to the applicant within six weeks of receiving the 
  5.3   application in complete, correct form together with any required 
  5.4   information or documentation.  An agency has conveyed a license 
  5.5   or other action when, as shown by agency records, it has taken 
  5.6   the normal steps used by the agency to deliver a license or 
  5.7   notification of other action to an applicant.  Delivery by mail 
  5.8   is accomplished when a license or other notification is 
  5.9   deposited with the postal service.  A request for a refund may 
  5.10  be made in writing or by facsimile within one year after filing 
  5.11  the application.  An agency shall not refund a fee paid by an 
  5.12  applicant if the agency was prevented from taking final action 
  5.13  on the license within six weeks because of (1) a work stoppage, 
  5.14  or (2) a requirement of federal law or court order imposed or 
  5.15  entered after July 1, 1995.  This section does not apply to 
  5.16  licenses issued by health regulatory agencies under chapter 214, 
  5.17  to drivers' licenses, or to licenses the issuance of which 
  5.18  requires: 
  5.19     (1) one or more public hearings; 
  5.20     (2) verification of an applicant's background, credentials, 
  5.21  or financial condition; 
  5.22     (3) an environmental impact statement or environmental 
  5.23  assessment worksheet; or 
  5.24     (4) a drawing to determine successful applicants for a 
  5.25  limited number of licenses. 
  5.26     Subd. 3.  [RULES PROHIBITED.] An agency may not adopt rules 
  5.27  limiting, adding conditions to, or otherwise governing the 
  5.28  issuance of refunds under this section. 
  5.29     Sec. 4.  [NO ADDITIONAL RESOURCES.] 
  5.30     During the biennium ending June 30, 1997, agencies must 
  5.31  accomplish the requirements of sections 1 and 2 with existing 
  5.32  resources. 
  5.33     Sec. 5.  [EFFECTIVE DATE.] 
  5.34     Section 3 is effective July 1, 1995, and applies to 
  5.35  applications filed after June 30, 1995.