Bill Text: MN SF1701 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Health department and local government delegation fee agreements and license fees modification
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-03-19 - Second reading [SF1701 Detail]
Download: Minnesota-2011-SF1701-Engrossed.html
1.2relating to health; authorizing the delegation agreement between the
1.3commissioner of health and local governments to specify fees to be charged;
1.4modifying license fees;amending Minnesota Statutes 2010, sections 145A.07,
1.5subdivision 3; 157.16, subdivision 3; 327.15, subdivision 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 145A.07, subdivision 3, is amended to
1.8read:
1.9 Subd. 3. Terms of agreements. (a) Agreements authorized under this section must
1.10be in writing and signed by the delegating authority and the designated agent.
1.11(b) The agreement must list criteria the delegating authority will use to determine if
1.12the designated agent's performance meets appropriate standards and is sufficient to replace
1.13performance by the delegating authority.
1.14(c) The agreement may specify minimum staff requirements and qualifications, set
1.15procedures for the assessment of costs, and provide for termination procedures if the
1.16delegating authority finds that the designated agent fails to comply with the agreement.
1.17The agreement may specify fees to be charged by the designated agent for the provision
1.18of licensing, inspection, or enforcement duties under chapter 157 and sections 327.14 to
1.19327.28. The fees must not exceed the costs, including overhead costs, to the designated
1.20agent for the performance of these duties. The fees collected must not be used for any
1.21other purpose than the purpose for which the fee is collected.
1.22(d) A designated agent must not perform licensing, inspection, or enforcement duties
1.23under the agreement in territory outside its jurisdiction unless approved by the governing
1.24body for that territory through a separate agreement.
2.1(e) The scope of agreements established under this section is limited to duties and
2.2responsibilities agreed upon by the parties. The agreement may provide for automatic
2.3renewal and for notice of intent to terminate by either party.
2.4(f) During the life of the agreement, the delegating authority shall not perform duties
2.5that the designated agent is required to perform under the agreement, except inspections
2.6necessary to determine compliance with the agreement and this section or as agreed to
2.7by the parties.
2.8(g) The delegating authority shall consult with, advise, and assist a designated agent
2.9in the performance of its duties under the agreement.
2.10(h) This section does not alter the responsibility of the delegating authority for
2.11the performance of duties specified in law.
2.12 Sec. 2. Minnesota Statutes 2010, section 157.16, subdivision 3, is amended to read:
2.13 Subd. 3. Establishment fees; definitions. (a) The following fees are required
2.14for food and beverage service establishments, youth camps, hotels, motels, lodging
2.15establishments, public pools, and resorts licensed under this chapter. Food and beverage
2.16service establishments must pay the highest applicable fee under paragraph (d), clause
2.17(1), (2), (3), or (4), and establishments serving alcohol must pay the highest applicable
2.18fee under paragraph (d), clause (6) or (7). The license fee for new operators previously
2.19licensed under this chapter for the same calendar year is one-half of the appropriate annual
2.20license fee, plus any penalty that may be required. The license fee for operators opening
2.21on or after October 1 is one-half of the appropriate annual license fee, plus any penalty
2.22that may be required.
2.23 (b) All food and beverage service establishments, except special event food stands,
2.24and all hotels, motels, lodging establishments, public pools, and resorts shall pay an
2.25annual base fee of $150.
2.26 (c) A special event food stand shall pay a flat fee of $50 annually. "Special event
2.27food stand" means a fee category where food is prepared or served in conjunction with
2.28celebrations, county fairs, or special events from a special event food stand as defined
2.29in section157.15 .
2.30 (d) In addition to the base fee in paragraph (b), each food and beverage service
2.31establishment, other than a special event food stand and a school concession stand, and
2.32each hotel, motel, lodging establishment, public pool, and resort shall pay an additional
2.33annual fee for each fee category, additional food service, or required additional inspection
2.34specified in this paragraph:
3.1 (1) Limited food menu selection, $60. "Limited food menu selection" means a fee
3.2category that provides one or more of the following:
3.3 (i) prepackaged food that receives heat treatment and is served in the package;
3.4 (ii) frozen pizza that is heated and served;
3.5 (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
3.6 (iv) soft drinks, coffee, or nonalcoholic beverages; or
3.7 (v) cleaning for eating, drinking, or cooking utensils, when the only food served
3.8is prepared off site.
3.9 (2) Small establishment, including boarding establishments, $120. "Small
3.10establishment" means a fee category that has no salad bar and meets one or more of
3.11the following:
3.12 (i) possesses food service equipment that consists of no more than a deep fat fryer, a
3.13grill, two hot holding containers, and one or more microwave ovens;
3.14 (ii) serves dipped ice cream or soft serve frozen desserts;
3.15 (iii) serves breakfast in an owner-occupied bed and breakfast establishment;
3.16 (iv) is a boarding establishment; or
3.17 (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
3.18patron seating capacity of not more than 50.
3.19 (3) Medium establishment, $310. "Medium establishment" means a fee category
3.20that meets one or more of the following:
3.21 (i) possesses food service equipment that includes a range, oven, steam table, salad
3.22bar, or salad preparation area;
3.23 (ii) possesses food service equipment that includes more than one deep fat fryer,
3.24one grill, or two hot holding containers; or
3.25 (iii) is an establishment where food is prepared at one location and served at one or
3.26more separate locations.
3.27 Establishments meeting criteria in clause (2), item (v), are not included in this fee
3.28category.
3.29 (4) Large establishment, $540. "Large establishment" means either:
3.30 (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
3.31medium establishment, (B) seats more than 175 people, and (C) offers the full menu
3.32selection an average of five or more days a week during the weeks of operation; or
3.33 (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
3.34establishment, and (B) prepares and serves 500 or more meals per day.
3.35 (5) Other food and beverage service, including food carts, mobile food units,
3.36seasonal temporary food stands, and seasonal permanent food stands, $60.
4.1 (6) Beer or wine table service, $60. "Beer or wine table service" means a fee
4.2category where the only alcoholic beverage service is beer or wine, served to customers
4.3seated at tables.
4.4 (7) Alcoholic beverage service, other than beer or wine table service, $165.
4.5 "Alcohol beverage service, other than beer or wine table service" means a fee
4.6category where alcoholic mixed drinks are served or where beer or wine are served from
4.7a bar.
4.8 (8) Lodging per sleeping accommodation unit, $10, including hotels, motels,
4.9lodging establishments, and resorts, up to a maximum of $1,000. "Lodging per sleeping
4.10accommodation unit" means a fee category including the number of guest rooms, cottages,
4.11or other rental units of a hotel, motel, lodging establishment, or resort; or the number of
4.12beds in a dormitory.
4.13 (9) First public pool, $325; each additional public pool, $175. "Public pool" means a
4.14fee category that has the meaning given in section144.1222, subdivision 4 .
4.15 (10) First spa, $175; each additional spa, $100. "Spa pool" means a fee category that
4.16has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
4.17 (11)Private sewer or water, $60 Individual private sewer, $30; individual private
4.18water, $30. "Individual private water" means a fee category with a water supply other
4.19than acommunity public water supply as defined in Minnesota Rules, chapter 4720
4.20section 144.382, subdivision 4. "Individual private sewer" means a fee category with an
4.21individual sewage treatment system which uses subsurface treatment and disposal.
4.22 (12) Additional food service, $150. "Additional food service" means a location at
4.23a food service establishment, other than the primary food preparation and service area,
4.24used to prepare or serve food to the public. Additional food service does not apply to
4.25school concession stands.
4.26 (13) Additional inspection fee, $360. "Additional inspection fee" means a fee to
4.27conduct the second inspection each year for elementary and secondary education facility
4.28school lunch programs when required by the Richard B. Russell National School Lunch
4.29Act.
4.30 (e) A fee for review of construction plans must accompany the initial license
4.31application for restaurants, hotels, motels, lodging establishments, resorts, seasonal food
4.32stands, and mobile food units. The fee for this construction plan review is as follows:
5.14 (f) When existing food and beverage service establishments, hotels, motels, lodging
5.15establishments, resorts, seasonal food stands, and mobile food units are extensively
5.16remodeled, a fee must be submitted with the remodeling plans. The fee for this
5.17construction plan review is as follows:
5.36 (g) Special event food stands are not required to submit construction or remodeling
5.37plans for review.
5.38(h) Youth camps shall pay an annual single fee for food and lodging as follows:
5.39(1) camps with up to 99 campers, $325;
5.40(2) camps with 100 to 199 campers, $550; and
5.41(3) camps with 200 or more campers, $750.
6.1(i) A youth camp which pays fees under paragraph (d) is not required to pay fees
6.2under paragraph (h).
6.3 Sec. 3. Minnesota Statutes 2010, section 327.15, subdivision 3, is amended to read:
6.4 Subd. 3. Fees, manufactured home parks and recreational camping areas. (a)
6.5The following fees are required for manufactured home parks and recreational camping
6.6areas licensed under this chapter. Recreational camping areas and manufactured home
6.7parks shall pay the highest applicable base fee under paragraph (b). The license fee for
6.8new operators of a manufactured home park or recreational camping area previously
6.9licensed under this chapter for the same calendar year is one-half of the appropriate annual
6.10license fee, plus any penalty that may be required. The license fee for operators opening
6.11on or after October 1 is one-half of the appropriate annual license fee, plus any penalty
6.12that may be required.
6.13(b) All manufactured home parks and recreational camping areas shall pay the
6.14following annual base fee:
6.15(1) a manufactured home park, $150; and
6.16(2) a recreational camping area with:
6.17(i) 24 or less sites, $50;
6.18(ii) 25 to 99 sites, $212; and
6.19(iii) 100 or more sites, $300.
6.20In addition to the base fee, manufactured home parks and recreational camping areas shall
6.21pay $4 for each licensed site. This paragraph does not apply to special event recreational
6.22camping areas. Operators of a manufactured home park or a recreational camping area
6.23also licensed under section157.16 for the same location shall pay only one base fee,
6.24whichever is the highest of the base fees found in this section or section157.16 .
6.25(c) In addition to the fee in paragraph (b), each manufactured home park or
6.26recreational camping area shall pay an additional annual fee for each fee category
6.27specified in this paragraph:
6.28(1) Manufactured home parks and recreational camping areas with public swimming
6.29pools and spas shall pay the appropriate fees specified in section157.16 .
6.30(2) Individual private seweror water, $60, $30; individual private water, $30.
6.31"Individual private water" means a fee category with a water supply other than a
6.32community public water supply as defined in Minnesota Rules, chapter 4720 section
6.33144.382, subdivision 4. "Individual private sewer" means a fee category with a subsurface
6.34sewage treatment system which uses subsurface treatment and disposal.
7.1(d) The following fees must accompany a plan review application for initial
7.2construction of a manufactured home park or recreational camping area:
7.3(1) for initial construction of less than 25 sites, $375;
7.4(2) for initial construction of 25 to 99 sites, $400; and
7.5(3) for initial construction of 100 or more sites, $500.
7.6(e) The following fees must accompany a plan review application when an existing
7.7manufactured home park or recreational camping area is expanded:
7.8(1) for expansion of less than 25 sites, $250;
7.9(2) for expansion of 25 to 99 sites, $300; and
7.10(3) for expansion of 100 or more sites, $450.
1.3commissioner of health and local governments to specify fees to be charged;
1.4modifying license fees;amending Minnesota Statutes 2010, sections 145A.07,
1.5subdivision 3; 157.16, subdivision 3; 327.15, subdivision 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 145A.07, subdivision 3, is amended to
1.8read:
1.9 Subd. 3. Terms of agreements. (a) Agreements authorized under this section must
1.10be in writing and signed by the delegating authority and the designated agent.
1.11(b) The agreement must list criteria the delegating authority will use to determine if
1.12the designated agent's performance meets appropriate standards and is sufficient to replace
1.13performance by the delegating authority.
1.14(c) The agreement may specify minimum staff requirements and qualifications, set
1.15procedures for the assessment of costs, and provide for termination procedures if the
1.16delegating authority finds that the designated agent fails to comply with the agreement.
1.17The agreement may specify fees to be charged by the designated agent for the provision
1.18of licensing, inspection, or enforcement duties under chapter 157 and sections 327.14 to
1.19327.28. The fees must not exceed the costs, including overhead costs, to the designated
1.20agent for the performance of these duties. The fees collected must not be used for any
1.21other purpose than the purpose for which the fee is collected.
1.22(d) A designated agent must not perform licensing, inspection, or enforcement duties
1.23under the agreement in territory outside its jurisdiction unless approved by the governing
1.24body for that territory through a separate agreement.
2.1(e) The scope of agreements established under this section is limited to duties and
2.2responsibilities agreed upon by the parties. The agreement may provide for automatic
2.3renewal and for notice of intent to terminate by either party.
2.4(f) During the life of the agreement, the delegating authority shall not perform duties
2.5that the designated agent is required to perform under the agreement, except inspections
2.6necessary to determine compliance with the agreement and this section or as agreed to
2.7by the parties.
2.8(g) The delegating authority shall consult with, advise, and assist a designated agent
2.9in the performance of its duties under the agreement.
2.10(h) This section does not alter the responsibility of the delegating authority for
2.11the performance of duties specified in law.
2.12 Sec. 2. Minnesota Statutes 2010, section 157.16, subdivision 3, is amended to read:
2.13 Subd. 3. Establishment fees; definitions. (a) The following fees are required
2.14for food and beverage service establishments, youth camps, hotels, motels, lodging
2.15establishments, public pools, and resorts licensed under this chapter. Food and beverage
2.16service establishments must pay the highest applicable fee under paragraph (d), clause
2.17(1), (2), (3), or (4), and establishments serving alcohol must pay the highest applicable
2.18fee under paragraph (d), clause (6) or (7). The license fee for new operators previously
2.19licensed under this chapter for the same calendar year is one-half of the appropriate annual
2.20license fee, plus any penalty that may be required. The license fee for operators opening
2.21on or after October 1 is one-half of the appropriate annual license fee, plus any penalty
2.22that may be required.
2.23 (b) All food and beverage service establishments, except special event food stands,
2.24and all hotels, motels, lodging establishments, public pools, and resorts shall pay an
2.25annual base fee of $150.
2.26 (c) A special event food stand shall pay a flat fee of $50 annually. "Special event
2.27food stand" means a fee category where food is prepared or served in conjunction with
2.28celebrations, county fairs, or special events from a special event food stand as defined
2.29in section
2.30 (d) In addition to the base fee in paragraph (b), each food and beverage service
2.31establishment, other than a special event food stand and a school concession stand, and
2.32each hotel, motel, lodging establishment, public pool, and resort shall pay an additional
2.33annual fee for each fee category, additional food service, or required additional inspection
2.34specified in this paragraph:
3.1 (1) Limited food menu selection, $60. "Limited food menu selection" means a fee
3.2category that provides one or more of the following:
3.3 (i) prepackaged food that receives heat treatment and is served in the package;
3.4 (ii) frozen pizza that is heated and served;
3.5 (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal;
3.6 (iv) soft drinks, coffee, or nonalcoholic beverages; or
3.7 (v) cleaning for eating, drinking, or cooking utensils, when the only food served
3.8is prepared off site.
3.9 (2) Small establishment, including boarding establishments, $120. "Small
3.10establishment" means a fee category that has no salad bar and meets one or more of
3.11the following:
3.12 (i) possesses food service equipment that consists of no more than a deep fat fryer, a
3.13grill, two hot holding containers, and one or more microwave ovens;
3.14 (ii) serves dipped ice cream or soft serve frozen desserts;
3.15 (iii) serves breakfast in an owner-occupied bed and breakfast establishment;
3.16 (iv) is a boarding establishment; or
3.17 (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum
3.18patron seating capacity of not more than 50.
3.19 (3) Medium establishment, $310. "Medium establishment" means a fee category
3.20that meets one or more of the following:
3.21 (i) possesses food service equipment that includes a range, oven, steam table, salad
3.22bar, or salad preparation area;
3.23 (ii) possesses food service equipment that includes more than one deep fat fryer,
3.24one grill, or two hot holding containers; or
3.25 (iii) is an establishment where food is prepared at one location and served at one or
3.26more separate locations.
3.27 Establishments meeting criteria in clause (2), item (v), are not included in this fee
3.28category.
3.29 (4) Large establishment, $540. "Large establishment" means either:
3.30 (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a
3.31medium establishment, (B) seats more than 175 people, and (C) offers the full menu
3.32selection an average of five or more days a week during the weeks of operation; or
3.33 (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium
3.34establishment, and (B) prepares and serves 500 or more meals per day.
3.35 (5) Other food and beverage service, including food carts, mobile food units,
3.36seasonal temporary food stands, and seasonal permanent food stands, $60.
4.1 (6) Beer or wine table service, $60. "Beer or wine table service" means a fee
4.2category where the only alcoholic beverage service is beer or wine, served to customers
4.3seated at tables.
4.4 (7) Alcoholic beverage service, other than beer or wine table service, $165.
4.5 "Alcohol beverage service, other than beer or wine table service" means a fee
4.6category where alcoholic mixed drinks are served or where beer or wine are served from
4.7a bar.
4.8 (8) Lodging per sleeping accommodation unit, $10, including hotels, motels,
4.9lodging establishments, and resorts, up to a maximum of $1,000. "Lodging per sleeping
4.10accommodation unit" means a fee category including the number of guest rooms, cottages,
4.11or other rental units of a hotel, motel, lodging establishment, or resort; or the number of
4.12beds in a dormitory.
4.13 (9) First public pool, $325; each additional public pool, $175. "Public pool" means a
4.14fee category that has the meaning given in section
4.15 (10) First spa, $175; each additional spa, $100. "Spa pool" means a fee category that
4.16has the meaning given in Minnesota Rules, part 4717.0250, subpart 9.
4.17 (11)
4.18water, $30. "Individual private water" means a fee category with a water supply other
4.19than a
4.20section 144.382, subdivision 4. "Individual private sewer" means a fee category with an
4.21individual sewage treatment system which uses subsurface treatment and disposal.
4.22 (12) Additional food service, $150. "Additional food service" means a location at
4.23a food service establishment, other than the primary food preparation and service area,
4.24used to prepare or serve food to the public. Additional food service does not apply to
4.25school concession stands.
4.26 (13) Additional inspection fee, $360. "Additional inspection fee" means a fee to
4.27conduct the second inspection each year for elementary and secondary education facility
4.28school lunch programs when required by the Richard B. Russell National School Lunch
4.29Act.
4.30 (e) A fee for review of construction plans must accompany the initial license
4.31application for restaurants, hotels, motels, lodging establishments, resorts, seasonal food
4.32stands, and mobile food units. The fee for this construction plan review is as follows:
5.14 (f) When existing food and beverage service establishments, hotels, motels, lodging
5.15establishments, resorts, seasonal food stands, and mobile food units are extensively
5.16remodeled, a fee must be submitted with the remodeling plans. The fee for this
5.17construction plan review is as follows:
5.36 (g) Special event food stands are not required to submit construction or remodeling
5.37plans for review.
5.38(h) Youth camps shall pay an annual single fee for food and lodging as follows:
5.39(1) camps with up to 99 campers, $325;
5.40(2) camps with 100 to 199 campers, $550; and
5.41(3) camps with 200 or more campers, $750.
6.1(i) A youth camp which pays fees under paragraph (d) is not required to pay fees
6.2under paragraph (h).
6.3 Sec. 3. Minnesota Statutes 2010, section 327.15, subdivision 3, is amended to read:
6.4 Subd. 3. Fees, manufactured home parks and recreational camping areas. (a)
6.5The following fees are required for manufactured home parks and recreational camping
6.6areas licensed under this chapter. Recreational camping areas and manufactured home
6.7parks shall pay the highest applicable base fee under paragraph (b). The license fee for
6.8new operators of a manufactured home park or recreational camping area previously
6.9licensed under this chapter for the same calendar year is one-half of the appropriate annual
6.10license fee, plus any penalty that may be required. The license fee for operators opening
6.11on or after October 1 is one-half of the appropriate annual license fee, plus any penalty
6.12that may be required.
6.13(b) All manufactured home parks and recreational camping areas shall pay the
6.14following annual base fee:
6.15(1) a manufactured home park, $150; and
6.16(2) a recreational camping area with:
6.17(i) 24 or less sites, $50;
6.18(ii) 25 to 99 sites, $212; and
6.19(iii) 100 or more sites, $300.
6.20In addition to the base fee, manufactured home parks and recreational camping areas shall
6.21pay $4 for each licensed site. This paragraph does not apply to special event recreational
6.22camping areas. Operators of a manufactured home park or a recreational camping area
6.23also licensed under section
6.24whichever is the highest of the base fees found in this section or section
6.25(c) In addition to the fee in paragraph (b), each manufactured home park or
6.26recreational camping area shall pay an additional annual fee for each fee category
6.27specified in this paragraph:
6.28(1) Manufactured home parks and recreational camping areas with public swimming
6.29pools and spas shall pay the appropriate fees specified in section
6.30(2) Individual private sewer
6.31"Individual private water" means a fee category with a water supply other than a
6.32
6.33144.382, subdivision 4. "Individual private sewer" means a fee category with a subsurface
6.34sewage treatment system which uses subsurface treatment and disposal.
7.1(d) The following fees must accompany a plan review application for initial
7.2construction of a manufactured home park or recreational camping area:
7.3(1) for initial construction of less than 25 sites, $375;
7.4(2) for initial construction of 25 to 99 sites, $400; and
7.5(3) for initial construction of 100 or more sites, $500.
7.6(e) The following fees must accompany a plan review application when an existing
7.7manufactured home park or recreational camping area is expanded:
7.8(1) for expansion of less than 25 sites, $250;
7.9(2) for expansion of 25 to 99 sites, $300; and
7.10(3) for expansion of 100 or more sites, $450.
