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Minnesota Legislature

Office of the Revisor of Statutes

SF 1638

as introduced - 89th Legislature (2015 - 2016) Posted on 08/21/2015 02:01pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to campaign practices; modifying provisions relating to campaign
practices hearings; clarifying noncommercial signs exemption; amending
Minnesota Statutes 2014, sections 211B.045; 211B.34, subdivisions 1, 2;
211B.35, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 211B.045, is amended to read:


211B.045 NONCOMMERCIAL SIGNS EXEMPTION.


All noncommercial signs of any size may be posted in any number beginning 46
days before the state primary in a state general election year until ten days following the
state general election. new text beginNo person may post a noncommercial sign of any size on a parcel
of real property or any of the property's structures or improvements without the consent of
the owner or occupant of the property.
new text endMunicipal ordinances may regulate the size and
number of noncommercial signs at other times.

Sec. 2.

Minnesota Statutes 2014, section 211B.34, subdivision 1, is amended to read:


Subdivision 1.

Time for review.

new text beginIf an expedited hearing is required by section
211B.33,
new text endthe assigned administrative law judge must hold a probable cause hearing on the
complaint no later than three business days after deleted text beginreceiving the assignment if an expedited
hearing is required by section 211B.33,
deleted text end new text begindetermining the complaint sets forth a prima facie
violation of chapter 211A or 211B,
new text endexcept that for good cause the administrative law judge
may hold the hearing no later than seven days after deleted text beginreceiving the assignmentdeleted text endnew text begin determining
the complaint sets forth a prima facie violation of chapter 211A or 211B
new text end. If an expedited
hearing is not required by section 211B.33, the administrative law judge must hold the
hearing not later than 30 days after receiving the assignment.

Sec. 3.

Minnesota Statutes 2014, section 211B.34, subdivision 2, is amended to read:


Subd. 2.

Disposition.

deleted text beginAtdeleted text endnew text begin Afternew text end the probable cause hearing, the administrative
law judge must make one of the following determinationsnew text begin within three business days
after the hearing record closes
new text end:

deleted text begin (a)deleted text end new text begin(1) new text endThe complaint is frivolous, or there is no probable cause to believe that the
violation of law alleged in the complaint has occurred. If the administrative law judge
makes either determination, the administrative law judge must dismiss the complaint.

deleted text begin (b)deleted text end new text begin(2) new text endThere is probable cause to believe that the violation of law alleged in
the complaint has occurred. If the administrative law judge so determines, the chief
administrative law judge must schedule the complaint for an evidentiary hearing under
section 211B.35.

Sec. 4.

Minnesota Statutes 2014, section 211B.35, subdivision 1, is amended to read:


Subdivision 1.

Deadline for hearing.

When required by sectionnew text begin 211B.33,
subdivision 2, paragraph (d), or
new text end 211B.34, subdivision 2 or 3, the chief administrative law
judge must assign the complaint to a panel of three administrative law judges for an
evidentiary hearing. The hearing must be held within the following times:

(1) ten days after the complaint was assignednew text begin to the panel of three administrative law
judges
new text end, if an expedited probable cause hearing was requested or required under section
211B.33;

(2) 30 days after the complaint was filed, if it was filed within 60 days before the
primary or special election or within 90 days before the general election to which the
complaint relates; or

(3) 90 days after the complaint was filed, if it was filed at any other time.

For good cause shown, the panel may extend the deadline set forth in clause (2)
or (3) by 60 days.