HF 2592

as introduced - 90th Legislature (2017 - 2018) Posted on 04/07/2017 09:02am

A bill for an act
relating to local government; requiring notice of certain ordinances and resolutions;
requiring an economic analysis on the impact of licensed businesses and local or
state tax revenue; amending Minnesota Statutes 2016, section 375.51, subdivision
2, by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 471.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 375.51, subdivision 2, is amended to read:

Subd. 2.

Notice of intention.

new text begin Except as required in subdivision 2a, new text end no county ordinance
shall be enacted unless a notice of the intention to enact it has been published in the official
newspaper of the county not less than ten days before the meeting or public hearing required
by subdivision 1 at which it is to be considered. Public hearings may be continued from
time to time and additional hearings may be held. The notice shall state the subject matter
and the general purpose of the proposed ordinance. Proof of the publication of the notice
shall be attached to and filed with the ordinance, if enacted, in the office of the county
auditor.

Sec. 2.

Minnesota Statutes 2016, section 375.51, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Ordinances related to marketing. new text end

new text begin (a) Notwithstanding any other law, the
county board shall give 30 days' notice of its intention to hold a hearing on the adoption or
amendment of any ordinance or resolution that sets standards or requirements regarding the
sale, use, or marketing of merchandise to consumers at retail or food service locations that
are different from, or in addition to, any requirement established by state law. For the
purposes of this section, "merchandise" means goods offered for sale, provided for free, or
sold to consumers at retail or food service locations primarily for personal, family, or
household use, and includes any container into which goods are dispensed, or placed for
carrying, transporting, protection, or immediate consumption.
new text end

new text begin (b) Notice shall be sent by mail at least 30 days prior to the hearing to each licensed
business that will be directly affected by the ordinance or resolution and shall also be posted
at least 30 days prior to the hearing in a conspicuous place in the county offices and, if
applicable, on the county Web site. The notice shall: (1) state the time, place, and date of
the meeting at which the ordinance is to be considered; (2) describe the subject matter of
the proposed ordinance; (3) provide an analysis on the economic impact to the licensed
businesses located in the county; and (4) provide an analysis on the economic impact to the
county and the state including, but not limited to, an analysis of any reduction in local or
state tax revenue.
new text end

new text begin (c) The county board shall, during the 30-day notice period, solicit and consider comments
submitted by the public on the proposed ordinance or resolution. The governing body shall
make all comments available to the public, upon request.
new text end

new text begin (d) The notice required by paragraphs (a) and (b) shall not be required if an ordinance
or resolution is necessary in response to an emergency, including a natural disaster or state
of emergency affecting the locality, or if an independent, third-party analysis determines
that the economic impact of the ordinance or resolution on licensed businesses and local or
state tax revenue would be less than $10,000.
new text end

Sec. 3.

new text begin [471.343] NOTICE OF PROPOSED ORDINANCES RELATED TO
MARKETING.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin (a) A statutory or home rule charter city or town shall not
adopt or amend any ordinance or resolution that sets standards or requirements regarding
the sale, use, or marketing of merchandise to consumers at retail or food service locations
that are different from, or in addition to, any requirement established by state law unless
the city or town provides notice and receives comments as required under subdivision 2.
new text end

new text begin (b) For the purposes of this section, "merchandise" means goods offered for sale, provided
for free, or sold to consumers at retail or food service locations primarily for personal,
family, or household use, and includes any container into which goods are dispensed, or
placed for carrying, transporting, protection, or immediate consumption.
new text end

new text begin Subd. 2. new text end

new text begin Notice; comment period. new text end

new text begin (a) The governing body of a statutory or home rule
charter city or town shall give 30 days' notice of its intention to hold a hearing on the adoption
or amendment of any local ordinance or resolution that sets standards or requirements
regarding the sale, use, or marketing of merchandise to consumers at retail or food service
locations that are different from, or in addition to, any requirement established by state law.
new text end

new text begin (b) Notice shall be sent by mail at least 30 days prior to the hearing to each licensed
business that will be directly affected by the ordinance or resolution and shall also be posted
at least 30 days prior to the hearing in a conspicuous place in the city or town hall and, if
applicable, on the city or town Web site.
new text end

new text begin (c) The notice shall: (1) state the time, place, and date of the meeting at which the
ordinance is to be considered; (2) describe the subject matter of the proposed ordinance;
(3) provide an analysis on the economic impact to the licensed businesses located in the
statutory or home rule charter city or town; and (4) provide an analysis on the economic
impact to the locality and state including, but not limited to, an analysis of any reduction
in local or state tax revenue.
new text end

new text begin (d) The governing body of a statutory or home rule charter city or town shall, during the
30-day notice period, solicit and consider comments submitted by the public on the proposed
ordinance or resolution. The governing body shall make all comments available to the public
upon request.
new text end

new text begin Subd. 3. new text end

new text begin Notice exception. new text end

new text begin The notice required by subdivision 2 shall not be required
if an ordinance or resolution is necessary in response to an emergency, including a natural
disaster or state of emergency affecting the locality, or if an independent, third-party analysis
determines that the economic impact of the ordinance or resolution on licensed businesses
and local or state tax revenue would be less than $10,000.
new text end