HF 2193

as introduced - 87th Legislature (2011 - 2012) Posted on 02/13/2012 11:49am

A bill for an act
relating to real property; expanding utility disconnection notice requirements;
requiring service of notice of sale on energy service providers; providing for
payment of utilities by the holder of a sheriff's certificate; amending Minnesota
Statutes 2010, sections 216B.0976; 580.03; 582.031, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2010, section 216B.0976, is amended to read:

216B.0976 NOTICE deleted text begin TO CITIES deleted text end OF UTILITY DISCONNECTION.

Subdivision 1.

Notice required.

new text begin (a) new text end Notwithstanding section 13.685 or any other
law or administrative rule to the contrary, a public utility, cooperative electric association,
or municipal utility must provide notice deleted text begin to a statutory city or home rule charter city, as
prescribed by this section, deleted text end of disconnection of a customer's gas or electric service new text begin to a
statutory or home rule charter city or town in which the premises are located or the holder
of a sheriff's certificate of sale for the premises, as provided under this section new text end .

new text begin (b) new text end Upon written request from a city new text begin or town new text end , on October 15 and November 1 of each
year, or the next business day if that date falls on a Saturday or Sunday, a report must be
made available to the city new text begin or town new text end of the address of properties new text begin in the city or town new text end currently
disconnected and the date of the disconnection. Upon written request deleted text begin from a city deleted text end , between
October 15 and April 15, daily reports must be made available of the address and date of
any newly disconnected properties.

new text begin (c) The holder of a sheriff's certificate of sale may request information about the
property's utility connection status. The request must be made in writing and include the
address of the property. Upon receipt of a request, a public utility, cooperative electric
association, or municipal utility must indicate whether service to the property is currently
disconnected, including the date of any disconnection.
new text end

new text begin (d) new text end A city provided notice under this section must provide the information on
disconnection to the police and fire departments of the city within three business days
of receipt of the notice.

new text begin (e) new text end For the purpose of this section, "disconnection" means a cessation of services
initiated by the public utility, cooperative electric association, or municipal utility that
affects the primary heat source of a residence deleted text begin and service deleted text end new text begin or electric service and that new text end is
not reconnected within 24 hours.

Subd. 2.

Data.

Data on customers that are provided to cities new text begin or towns new text end under
subdivision 1 are private data on individuals or nonpublic data, as defined in section 13.02.

Sec. 2.

Minnesota Statutes 2010, section 580.03, is amended to read:

580.03 NOTICE OF SALE; SERVICE ON OCCUPANT new text begin AND GAS AND
ELECTRIC SERVICE PROVIDERS new text end .

Six weeks' published notice shall be given that such mortgage will be foreclosed by
sale of the mortgaged premises or some part thereof, and at least four weeks before the
appointed time of sale a copy of such notice shall be served in like manner as a summons
in a civil action in the district court upon the person in possession of the mortgaged
premises, if the same are actually occupied new text begin , and must be mailed or delivered to the gas and
electric service providers in the city or town where the premises are located new text end . If there be a
building on such premises used by a church or religious corporation, for its usual meetings,
service upon any officer or trustee of such corporation shall be a sufficient service upon it.
The notices required by sections 580.041 and 580.042 must be served simultaneously with
the notice of foreclosure required by this section. new text begin Failure to mail or deliver the notice to
the gas and electric service providers does not invalidate the foreclosure sale.
new text end

Sec. 3.

Minnesota Statutes 2010, section 582.031, subdivision 2, is amended to read:

Subd. 2.

Authorized actions.

new text begin (a) new text end The holder of the mortgage or sheriff's certificate
may take the following actions to protect the premises from waste, trespass, or from falling
below minimum community standards for public safety and sanitation: make reasonable
periodic inspections; install or change locks on doors and windows; board windows,
doors, and other openings; install and operate an alarm system; and otherwise prevent or
minimize damage to the premises from the elements, vandalism, trespass, or other illegal
activities. If the holder of the mortgage or sheriff's certificate installs or changes locks
under this section, a key to the premises must be promptly delivered to the mortgagor or
any person lawfully claiming through the mortgagor, upon request.

new text begin (b) If the gas or electric service to the premises has been disconnected, the holder of
the sheriff's certificate of sale may pay the charges necessary to restore or continue service,
or become the bill payer responsible and customer of record for the service. A holder who
becomes the customer of record of a cooperative electric association does not acquire
membership rights. Exercise of the right to pay charges does not preclude the holder from
exercising the right to become the bill payer responsible and customer of record.
new text end

Sec. 4.

Minnesota Statutes 2010, section 582.031, subdivision 3, is amended to read:

Subd. 3.

Costs.

All costs incurred by the holder of the mortgage or sheriff's
certificate deleted text begin to protect the premises from waste or trespass or from falling below minimum
community standards for public safety and sanitation deleted text end new text begin under this section new text end may be added
to the principal balance of the mortgage or the costs allowable upon redemption. The
costs may bear interest to the extent provided in the mortgage and may be added to
the redemption price if the costs are incurred after a foreclosure sale. If the costs are
incurred after a foreclosure sale, the holder of any sheriff's certificate of sale or certificate
of redemption must comply with the provisions of section 582.03. The provisions of
this section are in addition to, and do not limit or replace, any other rights or remedies
available to holders of mortgages and sheriff's certificates, at law or under the applicable
mortgage agreements.