6.3. SR 08-16-1999 - Laserfiche WebLink

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. The task force will study the state auditor's survey find- ings and make recommendations on whether existing corpo- rations should be authorized to continue. whether political subdivisions should be authorized to create new corporations. and whether requirements and restrictions imposed on local units of government should apply to the corporation. These requirements and restrictions include, among others: open meetings, data practices, compensation of employees, conflicts of interest, and tort liability. The state auditor is required to convene the first meeting of the task force by Sept. 1,1999. Municipal use of amortization prohibited Chapter 96 (H.F. 896/S.F. 854*) prohibits local units of gov- ernment from enacting, amending, or enforcing ordinances that provide for the elimination or termination of a land use which was lawful at the time of its inception by amortization. Amortization essentially allowed the local unit of government to phase out nonconforming land uses. This prohibition does not apply to adult businesses or to enforcement of ordinances providing for the prevention or abatement of nuisances, or for eliminating a use determined to be a public nuisance without just compensation. Amortization ordinances which are sub- jects oflegal actions commenced on or before Jan. 1,1999, are not covered by this law as applied to the specific land uses that are involved in the underlying action. Effective April 24, 1999. . Snow and ice immunity Chapter 188 (H.F.1348/S.F.891 *) clarifies that a municipality that owns or leases a building or parking lot in another mu- nicipality is not immune from a claim based on snow or ice conditions on a public sidewalk abutting the building or park- ing lot, but the other municipality is immune unless the con- dition is affirmatively caused by its own negligent acts. Local capital projects standards Chapter 192 (H.F.726*/S.F.157) requires and establishes a process for the Department of Finance to review capital projects proposed by local units of government for which state appropriations are requested. The requirements do not apply to applications for capital funding from existing state programs. Criteria to be considered in evaluating requests in- clude the level oflocal funding, regional or statewide signifi- cance, the need for future state operating subsidies, the poten- tial for competition with existing facilities, and resolutions of support from local governments. Except for projeCts located in political subdivisions with very low average net tax capaci- ties or where a disaster-.has occurred. the state share of the to- tal project cost must not exceed 50 percent. Preliminary re- quests are to be submitted to the commissioner by June 15 of an odd-numbered year and final requests are required by November 1. Preliminary requests submitted this year are not .quired until September 15. LS 14 Regulatory relief for local units of government Chapter 193 (H.F.879/S.F.1636*) authorizes city councils to petition for amendment or repeal of agency rules. Petitions must be adopted by resolution and submitted in writing to the agency and the office of administrative hearings. Petitions must specify what amendment or repeal is requested. and must demonstrate that either significant new evidence relating to the need for or reasonableness of the rule exists or less costly or intrusive methods of achieving the purpose of thc rule have become available since the adoption of the rule. If the agency decides not to amend or repeal the rule, an admin- istrative law judge will review the matter, conduct a public hearing, and issue a decision. Petitioners will be assessed one- half of the cost of processing petitions and holding public hearings. This authority is scheduled to sunset July 31. 2001. Snowmobile metal traction device use restrictions modified Chapter 4 (H.F. 6* /S.F. 40) modifies the application of the prohibition of snowmobiles with metal, traction devices to any paved state trail. Prior law prohibited use on any paved public trail except as otherwise provided by a local government with jurisdiction over a trail. Restrictions enacted in 1998 are re- pealed. Effective March 4, 1999. Anoka County dangerous dog registration Chapter 48 (H.F. 525*/S.F. 404) makes home rule and statu- tory cities in Anoka County responsible for registering dan- gerous dogs. The 1998 Legislature approved a similar provision for Dakota County. Food handlers licensing period and fee modifications Chapter 59 (H.F.384/S.F.836*) provides that licenses for wholesale food processors or manufacturers operating only at the state fair are issued for the period from July 1 to June 30 of the following year and that annual renewal is required by July l.The license fee is set at $125, the penalty for a late re- newal is $40, and the penalty for no license is $50. Effective April 16,1999. 911 dispatchers tort liability immunity chapter 108 (H.E451/S.F.436*) provides immunity from li- ability for certified 911 dispatchers providing pre-arrival medical instruction in good faith. This measure is intended to address the concern of potential lawsuits on the part of some municipalities who advised dispatchers not to provide medical information. Effective April 28, 1999, and applicable to causes .of action arising on or after that date. Amusement machine license fees Chapter 179 (H.F.1140/S.F.1329*) authorizes cities to impose a license fee on amusement machines of no more than the demonstrated and verifiable actual cost of issuing the license or $15 per location plus $15 per machine, whichever is less. Effective Aug. 1,1999. I MC Citi_ R..n........