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A bill for an act
relating to public health; establishing a pilot program for delegation of authority
for licensing and inspection of food, beverage, and lodging establishments;
authorizing delegation to the city of Shakopee; providing for statewide expansion;
requiring reports; amending Minnesota Statutes 2024, section 157.16, by adding
subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 157.16, is amended by adding a subdivision
to read:
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Subd. 1a.
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Delegation authorized.
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The commissioner of health may delegate to a
community health board, county, or city all or part of the authority for licensing, inspection,
and enforcement under this chapter for food, beverage, and lodging establishments; public
pools; and related public health activities.
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Sec. 2.
Minnesota Statutes 2024, section 157.16, is amended by adding a subdivision to
read:
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Subd. 1b.
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Oversight.
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The commissioner retains authority to monitor, audit, and rescind
delegation if a delegated program fails to meet state standards.
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Sec. 3.
Minnesota Statutes 2024, section 157.16, is amended by adding a subdivision to
read:
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Subd. 1c.
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Fees.
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A city receiving delegation under this section may establish and collect
fees by ordinance sufficient to cover the cost of administering the program.
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Sec. 4.
Minnesota Statutes 2024, section 157.16, is amended by adding a subdivision to
read:
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Subd. 1d.
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Statewide delegation authorization; conversion.
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(a) Upon completion of
the city of Shakopee five-year pilot program in section 5 of this act, the commissioner shall
authorize delegation under this section to any city that meets the requirements of subdivision
1 and demonstrates compliance with the standards established in this chapter.
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(b) The commissioner shall not deny delegation to a city based solely on population
thresholds, jurisdictional classification, or prior statutory limitations that restrict delegation
to counties or community health boards.
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(c) The commissioner may adopt rules or guidance as necessary to implement statewide
delegation consistent with the findings and recommendations of the pilot program reports
in section 5 of this act.
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(d) This subdivision is effective without further legislative action unless the legislature
enacts a law modifying or repealing this subdivision prior to the expiration of the city of
Shakopee pilot program.
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EFFECTIVE DATE.
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This section is effective the day following final enactment.
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Sec. 5.
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CITY OF SHAKOPEE PILOT PROGRAM.
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Subdivision 1.
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Delegation.
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(a) Notwithstanding any law to the contrary, the commissioner
of health shall establish a pilot program to delegate authority under Minnesota Statutes,
section 157.16, to the city of Shakopee.
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(b) The commissioner must approve delegation under the pilot program to the city of
Shakopee if the city demonstrates that it:
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(1) employs or contracts with qualified environmental health professionals;
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(2) maintains a program that meets or exceeds state standards for licensing, inspection,
and enforcement;
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(3) adopts ordinances consistent with Minnesota Statutes, chapter 157, and applicable
rules;
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(4) maintains data systems compatible with state reporting requirements; and
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(5) enters into a written agreement with the commissioner.
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(c) The pilot program must be implemented within six months of final enactment.
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(d) The commissioner shall not deny participation in the pilot program based solely on
population thresholds or jurisdictional classification.
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Subd. 2.
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Pilot program report.
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(a) Beginning January 15 of the year following
implementation, and annually thereafter, the commissioner of health, in coordination with
the city of Shakopee, shall submit a report to the chairs and ranking minority members of
the legislative committees with jurisdiction over health policy and local government.
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(b) The report must include:
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(1) the number and type of inspections conducted;
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(2) compliance rates and enforcement actions;
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(3) comparison of inspection timelines and outcomes with state-administered programs;
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(4) administrative costs and fee structures;
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(5) feedback from regulated businesses; and
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(6) recommendations regarding continuation, expansion, or modification of delegation
authority to cities.
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Subd. 3.
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Minimum duration.
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The pilot program must remain in effect for not less than
five years from the date of implementation. The commissioner may not terminate the pilot
program before the five-year period expires except for cause based on failure to meet state
standards.
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