SF 647

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to public administration; providing a 
  1.3             deadline for certain actions by state and local 
  1.4             government agencies; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 15. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [15.99] [TIME DEADLINE FOR AGENCY ACTION.] 
  1.8      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.9   "agency" means a department, agency, board, commission, or other 
  1.10  group in the executive branch of state government; a statutory 
  1.11  or home rule charter city, county, town, or school district; any 
  1.12  metropolitan agency or regional entity; and any other political 
  1.13  subdivision of the state. 
  1.14     Subd. 2.  [DEADLINE FOR RESPONSE.] Except as otherwise 
  1.15  provided in this section and notwithstanding any other law to 
  1.16  the contrary, an agency must approve or deny within 45 days a 
  1.17  written request relating to land use for a permit, license, or 
  1.18  other governmental approval of an action.  Failure of an agency 
  1.19  to deny a request within 45 days is approval of the request.  If 
  1.20  an agency denies the request, it must state in writing the 
  1.21  reasons for the denial at the time that it denies the request. 
  1.22     Subd. 3.  [APPLICATION; EXTENSIONS.] (a) The time limit in 
  1.23  subdivision 2 begins upon the agency's receipt of a written 
  1.24  request containing all information required by law or by a 
  1.25  previously adopted rule, ordinance, or policy of the agency.  If 
  2.1   an agency receives a written request that does not contain all 
  2.2   required information, the 45-day limit starts over only if the 
  2.3   agency sends notice within five days of receipt of the request 
  2.4   telling the requester what information is missing. 
  2.5      (b) If an action relating to land use requires the approval 
  2.6   of more than one state agency in the executive branch, the 
  2.7   45-day period in subdivision 2 begins to run for all executive 
  2.8   branch agencies on the day a request containing all required 
  2.9   information is received by one state agency.  The agency 
  2.10  receiving the request must forward copies to other state 
  2.11  agencies whose approval is required. 
  2.12     (c) An agency response meets the 45-day time limit if the 
  2.13  agency can document that the response was sent within 45 days of 
  2.14  receipt of the written request. 
  2.15     (d) The time limit in subdivision 2 is extended if a state 
  2.16  statute, federal law, or court order requires a process to occur 
  2.17  before the agency acts on the request, and the time periods 
  2.18  prescribed in the state statute, federal law, or court order 
  2.19  make it impossible to act on the request within 45 days.  In 
  2.20  cases described in this paragraph, the deadline is extended to 
  2.21  45 days after completion of the last process required in the 
  2.22  applicable statute, law, or order.  Final approval of an agency 
  2.23  receiving a request is not considered a process for purposes of 
  2.24  this paragraph. 
  2.25     (e) The time limit in subdivision 2 is extended if:  (1) a 
  2.26  request submitted to a state agency requires prior approval of a 
  2.27  federal agency; or (2) an application submitted to a city, 
  2.28  county, town, school district, metropolitan or regional entity, 
  2.29  or other political subdivision requires prior approval of a 
  2.30  state or federal agency.  In cases described in this paragraph, 
  2.31  the deadline for agency action is extended to 45 days after the 
  2.32  required prior approval is granted. 
  2.33     Sec. 2.  [EFFECTIVE DATE.] 
  2.34     Section 1 is effective July 1, 1995, and applies to any 
  2.35  written request submitted after that date.