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HF 2132

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/22/2012 03:33pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - 2nd Engrossment

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A bill for an act
 relating to housing and redevelopment authorities; clarifying the jurisdiction of
the Washington County Housing and Redevelopment Authority and the Anoka
County Housing and Redevelopment Authority; amending Minnesota Statutes
2010, sections 383E.17; 383E.18; Laws 1974, chapter 475, sections 1; 2,
subdivision 1; 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 383E.17, is amended to read:


383E.17 HOUSING AND REDEVELOPMENT.

Subdivision 1.

Housing and redevelopment authority.

There is created in the
county of Anoka a public body corporate and politic, to be known as the Anoka County
Housing and Redevelopment Authoritydeleted text begin , having deleted text end new text begin . Except as otherwise provided in this
section, the Anoka County Housing and Redevelopment Authority has new text end all of the powers
and duties of new text begin a county authority and new text end a new text begin county new text end housing and redevelopment authority under
the provisions of deleted text begin the Municipal Housing and Redevelopment Act, Minnesota Statutes
1986, sections 462.411 to 462.711. For the purposes of applying the provisions of the
Municipal Housing and Redevelopment Act to Anoka County, the county has all of the
powers and duties of a municipality, the county board has all of the powers and duties of a
governing body, the chair of the county board has all of the powers and duties of a mayor,
and the area of operation includes the area within the territorial boundaries of the countydeleted text end new text begin
sections 469.001 to 469.047 and any other lawnew text end .

Subd. 2.

Municipal authorities.

This section shall not limit or restrict any deleted text begin existingdeleted text end
housing and redevelopment authority new text begin existing on or before May 3, 2011, new text end or prevent a
municipality from creating an authoritynew text begin with the concurrence of the county under section
469.004, subdivision 5new text end . The county shall not exercise jurisdiction in any municipality
where a municipal housing and redevelopment authority is establishednew text begin on or before May
3, 2011. Except for the area in those municipalities, the Anoka County Housing and
Redevelopment Authority's jurisdiction and area of operations includes all of the area
within the territorial boundaries of the county and includes the areas within the boundaries
of all other municipalities in the county. Local approval of all projects is required pursuant
to section 383E.18new text end . If a municipal housing and redevelopment authority requests the
Anoka County Housing and Redevelopment Authority to handle the housing duties of
the municipal authority, the Anoka County Housing and Redevelopment Authority shall
act and have exclusive jurisdiction for housing in the municipality. A transfer of duties
relating to housing shall not transfer any duties relating to redevelopment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing bodies of
Anoka County and the Anoka County Housing and Redevelopment Authority and their
chief clerical officers timely complete their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
 new text end

Sec. 2.

Minnesota Statutes 2010, section 383E.18, is amended to read:


383E.18 LOCAL APPROVAL.

Before a housing or redevelopment project of the Anoka County Housing and
Redevelopment Authority is undertaken, the project new text begin and the location of the project new text end shall
be approved by the local governing body with jurisdiction over all or any part of the area
in which the proposed project is located.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing bodies of
Anoka County and the Anoka County Housing and Redevelopment Authority and their
chief clerical officers timely complete their compliance with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
 new text end

Sec. 3.

Laws 1974, chapter 475, section 1, is amended to read:


Section 1. WASHINGTON COUNTY; HOUSING AND REDEVELOPMENT
AUTHORITY.

There is deleted text begin herebydeleted text end created in Washington county a public body corporate and politic,
to be known as the Washington County Housing and Redevelopment Authority, having
all the powers and duties of a deleted text begin housing and redevelopmentdeleted text end new text begin countynew text end authority under
the provisions of deleted text begin the municipal housing and redevelopment act,deleted text end Minnesota Statutes,
sections deleted text begin 462.411 to 462.711, and acts amendatory thereof; which act appliesdeleted text end new text begin 469.001 to
469.047, and all powers of a county housing and redevelopment authority under any other
provisions of Minnesota law, and Minnesota Statutes, sections 469.001 to 469.047 applynew text end
to the county of Washington. deleted text begin For the purposes of applying the provisions of the municipal
housing and redevelopment act to Washington county, the county has all of the powers and
duties of a municipality, the county board has all of the powers and duties of a governing
body, the chairman of the county board has all the powers and duties of a mayor, and the
area of operation includes the area within the territorial boundaries of the county.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
Washington County and its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
 new text end

Sec. 4.

Laws 1974, chapter 475, section 2, subdivision 1, is amended to read:


Subdivision 1.

This act shall not limit or restrict any existing housing and
redevelopment authority deleted text begin or prevent a municipality from creating an authority. The
county shall not exercise jurisdiction in any municipality where a municipal housing and
redevelopment authority is establisheddeleted text end .new text begin The jurisdiction and area of operation of the
Washington County Housing and Redevelopment Authority includes all of the area within
the territorial boundaries of the county and includes the areas within the boundaries of
every city in the county and the area of operation of city housing and redevelopment
authorities in the county, whenever created, and notwithstanding any provision of
Minnesota Statutes, section 469.005, subdivision 1, or 469.008, subject, however, to
section 3. The jurisdiction and area of operation of the Washington County Housing and
Redevelopment Authority is not affected by any concurrence by the Washington County
Housing and Redevelopment Authority under Minnesota Statutes, section 469.004,
subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
Washington County and its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
 new text end

Sec. 5.

Laws 1974, chapter 475, section 3, is amended to read:


Sec. 3. MUNICIPAL APPROVAL.

If any housing or redevelopment project is undertaken in Washington county
pursuant to this authorization, and deleted text begin suchdeleted text end new text begin thenew text end project is within the boundaries of any
deleted text begin incorporated village,deleted text end new text begin statutory or home rule charternew text end city or township, new text begin the project andnew text end the
location of deleted text begin suchdeleted text end new text begin thenew text end project shall be deleted text begin approveddeleted text end new text begin subject to approvalnew text end by the governing body
of deleted text begin such village,deleted text end new text begin thenew text end citydeleted text begin ,deleted text end or township. new text begin The procedures in Minnesota Statutes, section
469.007, subdivision 2, shall apply to the governing body project and location approvals
required by this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of
Washington County and its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.
 new text end

Sec. 6. new text begin PRIOR ACTIVITIES.
new text end

new text begin Sections 1, 2, and 3 are, in part, remedial in nature. Actions of Washington County
or the Washington County Housing and Redevelopment Authority prior to the effective
date of those sections are not invalid or unenforceable for exercising powers that are
authorized by sections 1, 2, and 3.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end