HF 326

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agencies; clarifying the operation of 
  1.3             deadlines for certain state and local agency actions; 
  1.4             amending Minnesota Statutes 2000, section 15.99, 
  1.5             subdivisions 1 and 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 15.99, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DEFINITION.] For purposes of In this 
  1.10  section,: 
  1.11     (a) "agency" means a department, agency, board, commission, 
  1.12  or other group in the executive branch of state government; a 
  1.13  statutory or home rule charter city, county, town, or school 
  1.14  district; any metropolitan agency or regional entity; and any 
  1.15  other political subdivision of the state; 
  1.16     (b) "request" means a request submitted in writing on forms 
  1.17  provided by the agency.  The agency must publish and make the 
  1.18  forms available upon request. 
  1.19     Sec. 2.  Minnesota Statutes 2000, section 15.99, 
  1.20  subdivision 2, is amended to read: 
  1.21     Subd. 2.  [DEADLINE FOR RESPONSE.] (a) Except as otherwise 
  1.22  provided in this section and notwithstanding any other law to 
  1.23  the contrary, an agency must approve or deny within 60 days a 
  1.24  written request relating to zoning, septic systems, or expansion 
  1.25  of the metropolitan urban service area for a permit, license, or 
  2.1   other governmental approval of an action.  Failure of an agency 
  2.2   to deny a request within 60 days is approval of the request.  
  2.3      (b) Effect of certain tie votes.  A tie vote of a 
  2.4   multimember governing body is denial of a request if the tie 
  2.5   vote results directly from a member of the governing body 
  2.6   abstaining from voting because of a conflict of interest arising 
  2.7   from a financial interest in the matter before the agency and 
  2.8   the member abstaining states the reasons for abstention on the 
  2.9   record.  Notwithstanding paragraph (d), no additional written 
  2.10  reasons for denial of a request under this paragraph are 
  2.11  required. 
  2.12     (c) Motion to deny required.  A resolution or other 
  2.13  properly made motion made by a member of a multimember governing 
  2.14  body to approve a request that fails is not denial of a 
  2.15  request.  A resolution or motion to deny must be made and 
  2.16  adopted in order to deny a request. 
  2.17     (d) Reasons for denial required.  If an agency, other than 
  2.18  a multimember governing body, denies the request, it must state 
  2.19  in writing the reasons for the denial at the time that it denies 
  2.20  the request.  If a multimember governing body denies the 
  2.21  request, it must state the reasons for denial on the record at 
  2.22  the time a motion to deny is adopted and provide in writing the 
  2.23  reasons for the denial either at the time it denies the request 
  2.24  or at the next official meeting of the governing body after the 
  2.25  denial but within the time allowed for a decision under this 
  2.26  section.  The written reasons must be consistent with the 
  2.27  reasons stated in the record at the time of the denial. 
  2.28     Sec. 3.  [EFFECTIVE DATE.] 
  2.29     Sections 1 and 2 are effective the day after its final 
  2.30  enactment.