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					                                    The Alligators!
 The objective of all dedicated employees
 is to thoroughly analyze all situations,
 anticipate all problems prior to their
 occurrence, have answers for these
 problems, and move swiftly to solve these
 problems when called upon

 However, when you are up to your ass in
 alligators, it is difficult to remember that
 your initial objective was to drain the
 swamp


Illustrative not Comprehensive
                    Geog. 3111 Geography of Minnesota

3.00 – 5.00 pm Wednesdays
Hanson Hall 1-103
Rod Squires, 546 Social Science
Building
Tel. 612 625 0179
E-mail squires@umn.edu
Office hours before class

Knowledge is of two kinds. We know a
   subject ourselves or we know
   where to find information on it

Intelligence is not the ability to store
    information but the ability to find it
                                      Project 2


For the topic you have chosen pick a relevant chapter in Minnesota Statutes - there
    may be several to chose from

Describe the chapter – the existing statutory law – in your own words

Trace the history of the statute - how it has changed over the years – through the
   Session Laws – not all of which are available on-line

Choose one of those Session Laws and describe its legislative history – the way in
   which the actual language was debated in the House of Representatives and in the
   Senate (You might want to choose a Session Law that is on-line)

What has been the result of the particular chapter?
                         Project 3 Administrative Law



For the Minnesota Statute you chose pick a relevant chapter in Minnesota Rules

Describe the chapter – the existing administrative law – in your own words

Trace the history of the rule – how it has changed over the years – through earlier
   versions of Minnesota Rules, some of which are not on-line, or through the State
   Register, online since July 1996

Describe the consequences of the Rule
Public policy
The landscape – artifacts, goods, services – comprises the tangible
  evidence of human activities carried out under the "rule of law"

Law organizes behavior through a system
of incentives (carrots) and penalties (big
sticks) that coerces individuals, organizations,
and governments to behave in particular ways

• defines, promotes, protects, and enforces
acceptable behavior
• defines, promotes, protects, and enforces
unacceptable behavior
• makes certain behavior more
attractive/rational/profitable than another

The law provides a context for individuals,
corporations and governments making
decisions about their behavior – for example
how to use land
What is the role of government?

What goods should the government
produce and how?

What services should the government
provide and how?
                              Deconstructing Law


Law comprises

• Statutory law
• Administrative law
• Case law

Created by federal and state
governments acting under authority
defined, somewhat imperfectly, in a
constitution

Minnesota Constitution
                   Public Policy Structure – a 3-legged Stool


The legislature defines and establishes broad
social goals, outlines what behavior is needed
to achieve those goals, delegates authority
necessary to change behavior, appropriates
revenue

The executive creates (promulgates) rules
that are designed to implement legislation and
change behavior

The judiciary examines claims by individuals,
organizations, even governments, that
specific legislation or specific regulation
violates their constitutional rights and cause
some harm
Public Policy in Minnesota

              The legislature enacts legislation, statutes,
              acts that
              • define and establish broad social goals
              • outline what behavior modifications are
              needed to achieve those goals
              • delegate authority necessary to control
              behavior – often change behavior
              • appropriate revenue
              In accordance with the Minnesota Constitution

              The Executive agencies translate legislation
              into rules of behavior
              •Department of Natural Resources
              •Department of Agriculture
              •Pollution Control Agency
              •Public Utilities Commission
                   State Policy on Mercury Contamination

Minnesota Statutes 116.915                  State’s mercury legislation and regulation
Minnesota Rules                             Status of mercury product legislation

Minnesota Pollution Control Agency
                                            Federal Actions
Minnesota Department of Health
Corporations: Taconite companies, Xcel
                                            Management of Rechargeable Batteries
Energy
                                            Legislation
Minnesota Chamber of Commerce
Lobbyists: Minnesota Center for
                                            Environmental Protection Agency – mercury
Environmental Advocacy
Minnesota Public Interest Research Group,
Izaak Walton League, Fresh Energy           Nine US States File Suit Challenging Federal
                                            Mercury Emissions Rules, Say Policy Does
                                            Not Protect Fetuses, Children
Individuals
Administrative Law
                                  Basic Resources



State of Minnesota web page

Minnesota Legislative Manual

Minnesota Statistics (FedStats)

Legislative Reference Library

Minnesota State Law Library
                            Feedlots in Minnesota




Minnesota Pollution Control Agency
Resources on Minnesota Issues. Feedlots (Legislative Reference Library)
Generic Environmental Impact Statement on Animal Agriculture (Environmental Quality
   Board - EQC)
Feedlots and Drinking Water (Minnesota Department of Health - MDH)
Feedlot Information (Minnesota Department of Agriculture - MDA)

Search News Media
                       Big Stone II



                Power        Plant Project



                Powere Plant Projectt



Transmission Project
                   Minnesota Public Utilities Commission


The PUC provides oversight of proposals to construct or modify large energy facilities
   in Minnesota, which include electric power plants and transmission lines, wind
   power generation plants, and gas and petroleum facilities

Review of Energy Facilities
Transmission Line Routing
Regulatory process

The Commission’s authority under state statutes and administrative rules gives it power

•   To issue a Certificate of Need
•   To issue a Route Permit
                     Environmental Impact Statement




Big Stone II Power Plant and Transmission Project Environmental Impact Statements
    (Western Area Power Administration)




EQB Monitor
                                 Executive Branch


Minnesota Constitution
• Constitutional Officers

Office of the Governor
• Governor’s Cabinet

Other cabinets reflect Governor’s priorities
• Governor's Clean Water Cabinet
• Governor’s Health Cabinet
                          Other Constitutional Officers




Office of Secretary of State

Office of the State Auditor

Office of Minnesota Attorney General
•Publications

•Attorney General Opinions
                                  State Agencies


Each has a legislative mandate – described in state statutes – defining the authority of
   the agency head

Department of Natural Resources (DNR)
Department of Agriculture
Minnesota Pollution Control Agency (MPCA)
Public Utilities Commission (PUC)
• Utility regulation

Guidebook to State Agency Services
                                     Rule-Making



The Executive branch of government promulgates rules that are designed to change
   behavior

•   authorized by the legislative branch in legislation
•   funded by the legislative branch in legislation

The rule-making process is defined in Minnesota Statutes, chapter 14

Minnesota Administrative Rules
Rule-making (Legislative Auditor)
                       Administrative Law (Regulation)



An agency may adopt a rule only after the legislature has enacted a law granting this
   authority to the agency

An agency rule that is adopted under the rulemaking provisions of Minnesota Statutes,
   chapter 14, has the force and effect of law

Rulemaking in Minnesota: A Guide explains each step of the rulemaking process in
   Minnesota.
                                State Agencies




Minnesota Pollution Control Agency

Minnesota Environmental Quality Board

Minnesota Department of Natural Resources

Minnesota Department of Transportation

Minnesota Department of Agriculture
                                Minnesota Rules




Following publication in the State Register a new or amended rule is reviewed and
    published

An official, hardbound edition of Minnesota Rules is published every odd-numbered
   year

Each edition is supplemented twice in even-numbered years with a pocketpart
   supplements
                                  State Register


Each rule published in Minnesota Rules must be published first in the State Register

Published every Monday

Includes
• Minnesota Rules - proposed, adopted and exempt
• Official Notices - including requests for outside opinions, revenue notices, executive
    orders, meetings, vacancies in agencies, etc
• Professional, Technical and Consulting Contracts - including architecture and
    engineering, auditing/financial evaluation, construction, medical/dental/psychiatric
    services, testing, planning, photographic, graphic design, etc
• State Grants and Loans
                                  Finding a Rule


Rules are grouped under the agency that promulgates and subsequently administers
   them
Some agencies are assigned one chapter in Minnesota Rules; others have many
   chapters
Chapters appear
• in alphabetical order by agency or department name
• in numerical order Table of Chapters

In each chapter the rules are arranged in a decimal numbering system
• the four digits to the left of the decimal point comprise the chapter number
• the four digits to the right of the decimal point comprise the section number
                                 Minnesota Food Law


Commissioner of Agriculture inspection authority
Commissioner of Agriculture authority
to "fix, adopt, and publish, from time to time, by rulings, in writing, definitions and
     standards of quality, purity, identity, composition, analysis, content and strength of
     articles of food” Minnesota Statutes 31.10
     No person, firm, or corporation shall operate any bakery, confectionery, creamery,
     dairy, dairy barn, milk depot, laboratory, hotel, restaurant, cafe, dining room, eating
     house, fruit box, receptacle, fruit stand, or vehicle of any kind, packing or slaughter
     house, ice cream plant, or any place where any fruit or food products are
     manufactured, packed, stored, deposited, collected, prepared, produced, or served
     for the purpose of sale or profit, or sold for any purpose whatever, if the same is in
     a filthy, unclean, or insanitary condition, or is permitted to be in a filthy, unclean, or
     insanitary condition Minnesota Statutes 31.161
                               Minnesota Food Law




Commissioner of Agriculture authority to declare what is "filthy, unclean, or insanitary”

Food Safety

Minnesota Department of Agriculture Divisions



Minnesota Rules
Minnesota Department of Labor & Industry
                         Project 3 Administrative Law



For the Minnesota Statute you chose pick a relevant chapter in Minnesota Rules

Describe the chapter - the existing administrative law - in your own words

Trace the history of the rule - how it has changed over the years - through earlier
   versions of Minnesota Rules, which are not on-line or through the State Register,
   online since July 1996

Describe the consequences of the Rule

				
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