HF 4223

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; establishing the Business Energy Accountability
Act; modifying subordinate service district provisions; providing for transfer
of certain drainage systems; providing for interim uses in zoning; modifying
charter commission provisions; modifying title registrars' fees; modifying
Minnesota Common Interest Ownership Act; modifying Minneapolis dedication
fee provisions; amending Minnesota Statutes 2006, sections 365A.095; 394.26;
410.05, subdivision 5; 410.12, subdivision 7; 444.075, subdivision 3; 508.82,
subdivision 1; 515B.1-116; Laws 2006, chapter 269, section 2; proposing coding
for new law in Minnesota Statutes, chapters 216C; 383B; 394.

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

Section 1.

new text begin [216C.42] BUSINESS ENERGY USE ACCOUNTABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section may be cited as the Business Energy
Accountability Act of 2008.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For the purpose of this section, "municipality" means a
statutory or home rule charter city or town, or county for unincorporated areas of a county.
new text end

new text begin Subd. 3. new text end

new text begin Energy accountability form. new text end

new text begin The commissioner of commerce shall create
an energy inventory form for use by a municipality for purposes of subdivision 4. The
form must be designed so a business can enter information concerning the following
energy uses for the business:
new text end

new text begin (1) total gross electric use per year;
new text end

new text begin (2) electric supplier;
new text end

new text begin (3) total gross natural gas use per year;
new text end

new text begin (4) natural gas supplier;
new text end

new text begin (5) heating type;
new text end

new text begin (6) air conditioning type and use per year;
new text end

new text begin (7) business-owned motor vehicles;
new text end

new text begin (8) miles traveled by business-owned motor vehicles;
new text end

new text begin (9) chemicals used, including oils and cleaners;
new text end

new text begin (10) water use per year; and
new text end

new text begin (11) industrial sewage discharge.
new text end

new text begin The annual total gross use information required by clauses (1) and (3) must not
require itemization by a business of each end use of electricity and natural gas.
new text end

new text begin The form must be designed, to the extent possible, so that its use by a municipality
may qualify for grants.
new text end

new text begin Subd. 4. new text end

new text begin Municipal inventory. new text end

new text begin A municipality applying for grants or doing
inventories covered under subdivision 3 must make the state form available to businesses
located within the municipality the inventory form prescribed by subdivision 3. The
business is not required to complete the inventory but may elect to do so and provide the
completed inventory to the municipality.
new text end

new text begin Subd. 5. new text end

new text begin Data practices. new text end

new text begin Data provided by a business on the completed inventory
for business energy use accountability is nonpublic as defined in section 13.02.
new text end

Sec. 2.

Minnesota Statutes 2006, section 365A.095, is amended to read:

365A.095 PETITION FOR REMOVAL OF DISTRICT; PROCEDURE new text begin ;
REFUND OF SURPLUS new text end .

new text begin Subdivision 1. new text end

new text begin Petition; procedure. new text end

A petition signed by at least 75 percent of the
property owners in the territory of the subordinate service district requesting the removal
of the district may be presented to the town board. Within 30 days after the town board
receives the petition, the town clerk shall determine the validity of the signatures on
the petition. If the requisite number of signatures are certified as valid, the town board
must hold a public hearing on the petitioned matter. Within 30 days after the end of
the hearing, the town board must decide whether to discontinue the subordinate service
district, continue as it is, or take some other action with respect to it.

new text begin Subd. 2. new text end

new text begin Option to refund surplus. new text end

new text begin If the district is removed under subdivision 1,
after all outstanding obligations of the district have been paid in full, the town board may
vote to refund any surplus tax revenue or service charge, or any part of it, collected from
the district under section 365A.08. The refund must be distributed equally to the owners
of any property within the discontinued district that were charged the extra tax or service
fee during the most recent tax year for which the tax or service fee was imposed. Any
surplus not refunded under this section must be transferred to the town's general fund.
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

Sec. 3.

new text begin [383B.61] TRANSFER OF DRAINAGE SYSTEMS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability; definition. new text end

new text begin (a) This section applies to transfers of
management jurisdiction for the drainage systems listed in paragraph (b) from Hennepin
County to a water management authority, as defined under section 103E.005, subdivision
29. The transfer procedure described in this section is an alternative to the procedure
prescribed in section 103E.812. Section 103E.812 does not apply to transfers under this
section, except as specified in this section.
new text end

new text begin (b) This section applies to transfer of the following drainage systems: Hennepin
County Ditches 3, 6, 7, 9, 11, 12, 13, 16, 18, 19, 21, 22, 25, 26, 30, J-6, and J-20.
new text end

new text begin (c) For purposes of this section, "board" means the Hennepin County Board of
Commissioners.
new text end

new text begin Subd. 2. new text end

new text begin Transfer procedure. new text end

new text begin (a) A water management authority may petition for
transfer if the drainage system or portion of the drainage system proposed to be transferred
lies within the jurisdictional boundaries of the water management authority. The petition
must be in a form prescribed by the board and must provide that the transferred drainage
system be managed according to a plan adopted under sections 103B.205 to 103B.255.
new text end

new text begin (b) Upon receipt of a petition under paragraph (a), the board shall set a date and
location for public hearing and shall publish notice of the hearing in newspapers with
general circulation in the affected areas at least 30 days prior to the hearing. The notice
shall include a statement that property owners have a right to object to the transfer at
the hearing.
new text end

new text begin (c) The hearing shall be conducted according to procedures established by the board.
Transfer shall be completed upon approval of the board.
new text end

new text begin (d) Costs of the transfer proceedings shall be attributable according to section
103E.812, subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Effect of transfer. new text end

new text begin The transfer of a drainage system under this section
is not a compromise of any property right held by an owner of assessed property on the
transferred drainage system and the rights of the property owners are as provided in
section 103E.812, subdivision 7. Transfer of a drainage system under this section has the
effect given under section 103E.812, subdivision 8.
new text end

Sec. 4.

Minnesota Statutes 2006, section 394.26, is amended to read:

394.26 PUBLIC HEARINGS.

Subd. 1a.

When required.

In addition to public hearings required by section 375.51
prior to the adoption by ordinance of any comprehensive plan or amendments thereto
or of any official control or amendment thereto, public hearings shall be held before
any conditional use permit new text begin , interim use permit new text end , deleted text begin any deleted text end variance, deleted text begin and any deleted text end new text begin or new text end proposal for a
subdivision is approved or denied by the responsible authority, and in circumstances
where a public hearing is otherwise required by sections 394.21 to 394.37. Such public
hearings may be continued from time to time and additional hearings may be held.

Subd. 2.

Notice.

Notice of the time, place, and purpose of any public hearing shall
be given by publication in a newspaper of general circulation in the town, municipality, or
other area concerned, and in the official newspaper of the county, at least ten days before
the hearing, except that notice of public hearings in connection with the adoption by
ordinance of any comprehensive plan or amendments thereto or adoption or amendment of
any official controls shall be given in the manner provided by section 375.51, subdivision
2. In addition to the requirements of section 375.51, subdivision 2, written notice of public
hearings on all official controls and amendments thereto shall be sent to the governing
bodies of all towns and all municipalities located within the county. Written notice
of public hearings regarding the application of official controls to specific properties,
including but not limited to conditional uses, variances, new text begin interim uses, new text end zoning regulations,
and subdivision regulations, shall be sent to all property owners of record within 500 feet
of the affected property in incorporated areas. In unincorporated areas, the written notice
shall be sent to property owners as follows:

(a) in the case of variances, to owners of record within 500 feet of the affected
property;

(b) in the case of conditional uses new text begin and interim uses new text end , to owners of record within
one-quarter mile of the affected property or to the ten properties nearest to the affected
property, whichever would provide notice to the greatest number of owners;

(c) in the case of all other official controls, including but not limited to zoning
regulations and subdivision regulations, to owners of record within one-half mile of the
affected property.

Written notice shall also be given to the affected board of town supervisors, and the
municipal council of any municipality within two miles of the affected property.

Subd. 3a.

Who runs hearing.

The board may assign responsibility to conduct
public hearings for one or more purposes to the planning commission, board of adjustment
or any official or employee of the county, except as provided in section 375.51.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

new text begin [394.303] INTERIM USES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin An "interim use" is a temporary use of property until a
particular date, until the occurrence of a particular event, or until zoning regulations
no longer permit it.
new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin Zoning regulations may permit the governing body to allow
interim uses. The regulations may set conditions on interim uses. The governing body
may grant permission for an interim use of property if:
new text end

new text begin (1) the use conforms to the zoning regulations;
new text end

new text begin (2) the date or event that will terminate the use can be identified with certainty;
new text end

new text begin (3) permission of the use will not impose additional costs on the public if it is
necessary for the public to take the property in the future; and
new text end

new text begin (4) the user agrees to any conditions that the governing body deems appropriate
for permission of the use.
new text end

new text begin Any interim use may be terminated by a change in zoning regulations.
new text end

new text begin Subd. 3. new text end

new text begin Public hearings. new text end

new text begin Public hearings on the granting of interim use permits
shall be held in the manner provided in section 394.26.
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

Sec. 6.

Minnesota Statutes 2006, section 410.05, subdivision 5, is amended to read:

Subd. 5.

Discharge.

new text begin (a) A charter commission in a statutory city may be discharged
as follows:
new text end

new text begin (1) new text end if the charter commission of a statutory city determines that a charter is not
necessary or desirable, the commission may be discharged by a vote of three-fourths
of its members deleted text begin . deleted text end new text begin ; or new text end

new text begin (2) if a petition signed by registered voters equal in number to at least five percent
of the registered voters in the city requesting a referendum to discharge the charter
commission is filed with the city clerk, an election must be held on the issue at a general
election or a special election pursuant to section 205.10. If a majority of the votes cast
support the referendum, the charter commission shall be discharged.
new text end

new text begin (b) new text end Another commission may not be formed sooner than one year from the date of
discharge.

Sec. 7.

Minnesota Statutes 2006, section 410.12, subdivision 7, is amended to read:

Subd. 7.

Amendment by ordinance.

Upon recommendation of the charter
commission the city council may enact a charter amendment by ordinance. Within one
month of receiving a recommendation to amend the charter by ordinance, the city must
publish notice of a public hearing on the proposal and the notice must contain the text
of the proposed amendment. The city council must hold the public hearing on the
proposed charter amendment at least two weeks but not more than one month after the
notice is published. Within one month of the public hearing, the city council must vote
on the proposed charter amendment ordinance. The ordinance is enacted if it receives an
affirmative vote of all members of the city council and is approved by the mayor and
published as in the case of other ordinances. An ordinance amending a city charter shall
not become effective until 90 days after passage and publication or at such later date
as is fixed in the ordinance. Within 60 days after passage and publication of such an
ordinance, a petition requesting a referendum on the ordinance may be filed with the
city clerk. deleted text begin Such deleted text end new text begin The new text end petition deleted text begin shall deleted text end new text begin must new text end be signed by deleted text begin qualified deleted text end new text begin registered new text end voters equal in
number to deleted text begin two percent of the total number of votes cast in the city at the last state general
election deleted text end new text begin at least five percent of the registered voters in the city new text end or 2,000, whichever is less.
deleted text begin If the city has a system of permanent registration of voters, only registered voters are
eligible to sign the petition. deleted text end If the requisite petition is filed within the prescribed period,
the ordinance shall not become effective until it is approved by the voters as in the case
of charter amendments submitted by the charter commission, the council, or by petition
of the voters, except that the council may submit the ordinance at any general or special
election held at least 60 days after submission of the petition, or it may reconsider its
action in adopting the ordinance. As far as practicable the requirements of subdivisions 1
to 3 apply to petitions submitted under this section, to an ordinance amending a charter,
and to the filing of such ordinance when approved by the voters.

Sec. 8.

Minnesota Statutes 2006, section 444.075, subdivision 3, is amended to read:

Subd. 3.

Charges; net revenues.

(a) To pay for the construction, reconstruction,
repair, enlargement, improvement, or other obtainment, the maintenance, operation and
use of the facilities, and of obtaining and complying with permits required by law, the
governing body of a municipality or county may impose just and equitable charges for
the use and for the availability of the facilities and for connections with them and make
contracts for the charges as provided in this section. The charges may be imposed with
respect to facilities made available by agreement with other municipalities, counties
or private corporations or individuals, as well as those owned and operated by the
municipality or county itself.

(b) new text begin Notwithstanding local charter restrictions, new text end charges made for service rendered
shall be as nearly as possible proportionate to the cost of furnishing the service.

Sec. 9.

Minnesota Statutes 2006, section 508.82, subdivision 1, is amended to read:

Subdivision 1.

Standard documents.

The fees to be charged by the registrar of
titles shall be and not exceed the following:

(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), (4),
(11), (13), (15), (17), and (18) for filing or memorializing shall be paid to the state treasury
pursuant to section 508.75 and credited to the general fund;

(2) for registering a first certificate of title, including issuing a copy of it, $46.
Pursuant to clause (1), distribution of this fee is as follows:

(i) $10.50 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and

(iii) $25.50 shall be deposited in the county general fund;

(3) for registering each instrument transferring the fee simple title for which a new
certificate of title is issued and for the registration of the new certificate of title, including
a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and

(iii) $24 shall be deposited in the county general fund;

(4) for the entry of each memorial on a certificate, $46. For multiple certificate
entries, $20 thereafter. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3;

(iii) $24 shall be deposited in the county general fund; and

(iv) $20 shall be deposited in the county general fund for each multiple entry used;

(5) for issuing each residue certificate and each additional new certificate, $40;

(6) for exchange certificates, $20 for each certificate canceled and $20 for each
new certificate issued;

(7) for each certificate showing condition of the register, $50;

(8) for any certified copy of any instrument or writing on file or recorded in the
registrar of titles' office, $10;

(9) for a noncertified copy of any certificate of title, other than the copies issued
under clauses (2) and (3), any instrument or writing on file or recorded in the office of
the registrar of titles, or any specified page or part of it, an amount as determined by the
county board for each page or fraction of a page specified. If computer or microfilm
printers are used to reproduce the instrument or writing, a like amount per image;

(10) for a noncertified copy of any document submitted for recording, if the original
document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
or duplicate original and payment of the fee, a registrar of titles shall return it marked
"copy" or "duplicate," showing the recording date and, if available, the document number
assigned to the original;

(11) for filing two copies of any plat new text begin , other than a CIC plat complying with section
515B.2-110, paragraph (c), new text end in the office of the registrar, $56. Pursuant to clause (1),
distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and

(iii) $34 shall be deposited in the county general fund;

(12) for any other service under this chapter, such fee as the court shall determine;

(13) deleted text begin for filing an amendment to a declaration in accordance with chapter 515, $46
for each certificate upon which the document is registered and for multiple certificate
entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter
515. deleted text end new text begin for filing any document affecting two or more units in a condominium governed by
chapter 515, $46 for the first certificate upon which the document is registered, and for
multiple certificate entries, $20 for each additional certificate upon which the document
is registered. For purposes of this paragraph, an amendment to the declaration of a
condominium governed by chapter 515 and a related amendment to the condominium
floor plans shall be considered a single document, and the filing fee shall be $56 for the
first certificate upon which the document is registered, and for multiple certificate entries,
$20 for each additional certificate upon which the document is registered. new text end Pursuant to
clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3;

(iii) $24 shall be deposited in the county general fund for amendment to a declaration;

(iv) $20 shall be deposited in the county general fund for each multiple entry
used; and

(v) $34 shall be deposited in the county general fund for an amended floor plan;

(14) for issuance of a CECT pursuant to section 508.351, $40;

(15) deleted text begin for filing an amendment to a common interest community declaration, including
deleted text end deleted text begin a supplemental declaration, and plat or amendment complying with section deleted text end deleted text begin 515B.2-110,
deleted text end deleted text begin subsection (c) deleted text end deleted text begin , $46 for the first certificate upon which the document is registered and for
deleted text end deleted text begin multiple certificate entries, $20 thereafter deleted text end deleted text begin and $56 for the filing of the condominium or
deleted text end deleted text begin common interest community plat or amendment. deleted text end deleted text begin See section 515B.1-116 for special
requirement relating to a common interest community. deleted text end new text begin for filing a common interest
community declaration and a CIC plat complying with section 515B.2-110, paragraph
(c); an amendment to a common interest community declaration and a related amendment
to a CIC plat complying with section 515B.2-110, paragraph (c); or a supplemental
declaration and a related supplemental CIC plat complying with section 515B.2-110,
paragraph (c), each of which related documents shall be considered a single document,
the filing fee shall be $56 for the first certificate upon which the document is registered,
and for multiple certificate entries, $20 for each additional certificate upon which the
document is registered. For filing any other document affecting two or more units in a
common interest community, the filing fee shall be $46 for the first certificate upon which
the document is registered, and for multiple certificate entries, $20 for each additional
certificate upon which the document is registered. The same fees shall apply to filing any
document affecting two or more units or other parcels subject to a master declaration. new text end
Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3;

(iii) $24 shall be deposited in the county general fund for the filing of an amendment
complying with section 515B.2-110, subsection (c);

(iv) $20 shall be deposited in the county general fund for each multiple entry
used; and

(v) $34 shall be deposited in the county general fund for the filing of a condominium
or CIC plat or amendment;

(16) for a copy of a condominium floor plan filed in accordance with chapter 515,
or a copy of a common interest community plat complying with section 515B.2-110,
subsection (c), the fee shall be $1 for each page of the floor plan or common interest
community plat with a minimum fee of $10;

(17) for the filing of a certified copy of a plat of the survey pursuant to section
508.23 or 508.671, $46. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and

(iii) $24 shall be deposited in the county general fund;

(18) for filing a registered land survey in triplicate in accordance with section
508.47, subdivision 4, $56. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3; and

(iii) $34 shall be deposited in the county general fund; and

(19) for furnishing a certified copy of a registered land survey in accordance with
section 508.47, subdivision 4, $15.

Sec. 10.

Minnesota Statutes 2006, section 515B.1-116, is amended to read:

515B.1-116 RECORDING.

(a) A declaration, bylaws, any amendment to a declaration or bylaws, and any other
instrument affecting a common interest community shall be entitled to be recorded. In
those counties which have a tract index, the county recorder shall enter the declaration in
the tract index for each unit or other tract affected. The county recorder shall not enter
the declaration in the tract index for lands described as additional real estate, unless such
lands are added to the common interest community pursuant to section 515B.2-111. The
registrar of titles shall file the declaration in accordance with section 508.351 or 508A.351.
The registrar of titles shall not file the declaration upon certificates of title for lands
described as additional real estate, unless such lands are added to the common interest
community pursuant to section 515B.2-111.

(b) The recording officer shall upon request promptly assign a number (CIC number)
to a common interest community to be formed or to a common interest community
resulting from the merger of two or more common interest communities.

(c) Documents recorded pursuant to this chapter shall in the case of registered
land be filed, and references to the recording of documents shall mean filed in the case
of registered land.

(d) Subject to any specific requirements of this chapter, if a recorded document
relating to a common interest community or a master association purports to require a
certain vote or signatures approving any restatement or amendment of the document by a
certain number or percentage of unit owners or secured parties, and if the amendment or
restatement is to be recorded, an affidavit of the president or secretary of the association
stating that the required vote or signatures have been obtained shall be attached to the
document to be recorded and shall constitute prima facie evidence of the representations
contained therein.

deleted text begin (e) If a common interest community is located on registered land, the recording
fee for any document affecting two or more units shall be $46 for the first ten affected
certificates and $10 for each additional affected certificate. deleted text end deleted text begin This provision shall not apply
deleted text end deleted text begin to recording fees for deeds of conveyance, with the exception of deeds given pursuant
deleted text end deleted text begin to sections deleted text end deleted text begin and deleted text end deleted text begin . The same fees shall apply to recording any
deleted text end deleted text begin document affecting two or more units or other parcels of real estate subject to a master
deleted text end deleted text begin declaration.
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end Except as permitted under this subsection, a recording officer shall not file
or record a declaration creating a new common interest community, unless the county
treasurer has certified that the property taxes payable in the current year for the real estate
included in the proposed common interest community have been paid. This certification
is in addition to the certification for delinquent taxes required by section 272.12. In the
case of preexisting common interest communities, the recording officer shall accept,
file, and record the following instruments, without requiring a certification as to the
current or delinquent taxes on any of the units in the common interest community: (i) a
declaration subjecting the common interest community to this chapter; (ii) a declaration
changing the form of a common interest community pursuant to section 515B.2-123; or
(iii) an amendment to or restatement of the declaration, bylaws, or CIC plat. In order for
an instrument to be accepted and recorded under the preceding sentence, the instrument
must not create or change unit or common area boundaries.

Sec. 11.

Laws 2006, chapter 269, section 2, is amended to read:

Sec. 2. DEDICATION FEE.

The Minneapolis Park and Recreation Board and the Minneapolis City Council
may jointly exercise the powers conferred under Minnesota Statutes, section 462.358,
with respect to requiring that a reasonable portion of land be dedicated to the public
or imposing a dedication fee on new housing units new text begin and new commercial and industrial
development new text end in the city, wherever located, for public parks, playgrounds, recreational
facilities, wetlands, new text begin trails, new text end or open space. The dedication of land or dedication fee must
be imposed by an ordinance jointly enacted by the park board and the city council. The
ordinance may exclude senior housing and affordable housing from paying the fee or the
dedication of land. The provisions of Minnesota Statutes, section 462.358, subdivisions
2b, paragraph (b), and 2c, apply to the imposition, application, and use of the dedication of
land or the dedication fee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon compliance by the Minneapolis
Park and Recreation Board and the Minneapolis City Council with Minnesota Statutes,
section 645.021.
new text end