Bill Text: MN HF2084 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Compensation provided for when a political subdivision enters into mixed municipal solid waste collection business.
Sponsorship: Moderate Partisan Bill (Republican 8-1)
Status: (Introduced - Dead) 2012-04-19 - House rule 1.21, placed on Calendar for the Day [HF2084 Detail]
Download: Minnesota-2011-HF2084-Engrossed.html
1.2relating to local government; providing for compensation when a political
1.3subdivision enters into mixed municipal solid waste collection business;
1.4proposing coding for new law in Minnesota Statutes, chapter 471.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [471.3457] GOVERNMENT ENTRY INTO MIXED MUNICIPAL
1.7SOLID WASTE COLLECTION SERVICES BUSINESS.
1.8 Subdivision 1. Political subdivision must compensate. A political subdivision
1.9must pay a person providing mixed municipal solid waste collection services the fair
1.10market value of the business lost if:
1.11(1) the political subdivision determines to provide, directly or indirectly, mixed
1.12municipal solid waste collection services previously provided by the private person
1.13within the jurisdiction of the state or political subdivision or limits the number of private
1.14persons who are permitted to provide the mixed municipal solid waste collection services
1.15within the jurisdiction so as to exclude the private person then providing such services
1.16from continuing to do so;
1.17(2) as a result of the political subdivision's actions, the person is not able to continue
1.18in business to provide substantially the same mixed municipal solid waste collection
1.19services as before; and
1.20(3) but for the political subdivision's actions, the person would be able to continue
1.21to provide substantially the same mixed municipal solid waste collection services in
1.22substantially the same market as before the government's actions.
1.23 Subd. 2. Exceptions. Subdivision 1 does not apply if the person provides mixed
1.24municipal solid waste collection services to that political subdivision under a contract
2.1between the person or a corporation or association in which the person is a shareholder or
2.2member and the political subdivision that sets forth the terms and conditions under which
2.3the person or a corporation or association in which the person is a shareholder or member
2.4can provide the services in the political subdivision. Subdivision 1 does not apply if the
2.5political subdivision does not renew or terminates the contract for collection services.
2.6 Subd. 3. Statute of limitations. If the political subdivision and the person providing
2.7mixed municipal solid waste collection services do not reach an agreement on the fair
2.8market value of the lost business as required under subdivision 1, either party may bring
2.9an action in district court in the district in which the political subdivision is located for
2.10a determination of the amount of compensation. An action under this subdivision must
2.11be commenced within six months of the day the political subdivision makes a final
2.12decision to provide or regulate mixed municipal solid waste collection services that are
2.13the subject of the dispute.
2.14EFFECTIVE DATE.This section is effective the day following final enactment,
2.15and applies to mixed municipal solid waste collection service contracts entered into,
2.16or mixed municipal solid waste collection service ordinances enacted, by a political
2.17subdivision on or after that date.
1.3subdivision enters into mixed municipal solid waste collection business;
1.4proposing coding for new law in Minnesota Statutes, chapter 471.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [471.3457] GOVERNMENT ENTRY INTO MIXED MUNICIPAL
1.7SOLID WASTE COLLECTION SERVICES BUSINESS.
1.8 Subdivision 1. Political subdivision must compensate. A political subdivision
1.9must pay a person providing mixed municipal solid waste collection services the fair
1.10market value of the business lost if:
1.11(1) the political subdivision determines to provide, directly or indirectly, mixed
1.12municipal solid waste collection services previously provided by the private person
1.13within the jurisdiction of the state or political subdivision or limits the number of private
1.14persons who are permitted to provide the mixed municipal solid waste collection services
1.15within the jurisdiction so as to exclude the private person then providing such services
1.16from continuing to do so;
1.17(2) as a result of the political subdivision's actions, the person is not able to continue
1.18in business to provide substantially the same mixed municipal solid waste collection
1.19services as before; and
1.20(3) but for the political subdivision's actions, the person would be able to continue
1.21to provide substantially the same mixed municipal solid waste collection services in
1.22substantially the same market as before the government's actions.
1.23 Subd. 2. Exceptions. Subdivision 1 does not apply if the person provides mixed
1.24municipal solid waste collection services to that political subdivision under a contract
2.1between the person or a corporation or association in which the person is a shareholder or
2.2member and the political subdivision that sets forth the terms and conditions under which
2.3the person or a corporation or association in which the person is a shareholder or member
2.4can provide the services in the political subdivision. Subdivision 1 does not apply if the
2.5political subdivision does not renew or terminates the contract for collection services.
2.6 Subd. 3. Statute of limitations. If the political subdivision and the person providing
2.7mixed municipal solid waste collection services do not reach an agreement on the fair
2.8market value of the lost business as required under subdivision 1, either party may bring
2.9an action in district court in the district in which the political subdivision is located for
2.10a determination of the amount of compensation. An action under this subdivision must
2.11be commenced within six months of the day the political subdivision makes a final
2.12decision to provide or regulate mixed municipal solid waste collection services that are
2.13the subject of the dispute.
2.14EFFECTIVE DATE.This section is effective the day following final enactment,
2.15and applies to mixed municipal solid waste collection service contracts entered into,
2.16or mixed municipal solid waste collection service ordinances enacted, by a political
2.17subdivision on or after that date.
