HF 3271

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; requiring full disclosure of 
  1.3             the obligations of an applicant for a feedlot permit; 
  1.4             requiring timely issuance of feedlot permits; 
  1.5             providing remedies for a permit denied; amending 
  1.6             Minnesota Statutes 1998, section 116.07, by adding a 
  1.7             subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 116.07, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 7d.  [FEEDLOT PERMITS; CHECKLIST OF OBLIGATIONS; 
  1.12  TIMELY REVIEW AND ISSUANCE OF PERMIT.] (a) Notwithstanding other 
  1.13  provisions of law, rule, or local ordinance, within 30 days 
  1.14  after receipt of an application for a permit for a new or 
  1.15  expanded feedlot the agency or the board of a delegated county 
  1.16  shall provide to the applicant a detailed, plain language 
  1.17  checklist of all obligations and requirements that must be met 
  1.18  before the permit is issued.  No obligations or requirements 
  1.19  other than those on the checklist may be imposed on the 
  1.20  applicant after the checklist has been provided to the applicant.
  1.21     (b) Within 30 days after an applicant for a permit notifies 
  1.22  the agency or the county board that the obligations and 
  1.23  requirements of the checklist provided under paragraph (a) have 
  1.24  been complied with, the agency or county board shall issue the 
  1.25  permit for the new or expanded feedlot or issue an order denying 
  1.26  the permit.  An order denying a permit must identify each 
  2.1   material failure to meet obligations and requirements of the 
  2.2   checklist. 
  2.3      (c) An applicant that has been denied a permit under 
  2.4   paragraph (b) may file a petition in a court of competent 
  2.5   jurisdiction for expedited appeal of the order and appropriate 
  2.6   temporary and permanent relief. 
  2.7      (d) The agency or the county board shall, within ten days 
  2.8   after demand by the applicant, reimburse the applicant for 80 
  2.9   percent of the costs directly associated with preparing and 
  2.10  filing the petition with the court. 
  2.11     (e) The petition filed with the court administrator under 
  2.12  paragraph (c) must include proof of service on the commissioner 
  2.13  or county board.  The petition must state the grounds upon which 
  2.14  the petitioner seeks rescission of the order, including the 
  2.15  facts upon which each claim is based. 
  2.16     (f) The court hearing a petition filed under paragraph (c) 
  2.17  must expedite the appeal hearing.