1.1 	A bill for an act
1.2 	relating to local government; providing for municipal regulation of dogs in 
1.3 	outdoor eating areas; establishing the Business Energy Accountability Act; 
1.4 	modifying subordinate service district provisions; providing for transfer of 
1.5 	certain drainage systems; providing for interim uses in zoning; modifying 
1.6 	charter commission provisions; modifying title registrars' fees; modifying 
1.7 	Minnesota Common Interest Ownership Act; modifying Minneapolis dedication 
1.8 	fee provisions;amending Minnesota Statutes 2006, sections 365A.095; 394.26; 
1.9 	410.05, subdivision 5; 410.12, subdivision 7; 444.075, subdivision 3; 508.82, 
1.10 	subdivision 1; 515B.1-116; Laws 2006, chapter 269, section 2; proposing coding 
1.11 	for new law in Minnesota Statutes, chapters 157; 216C; 383B; 394.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	Section 1. [157.175] DOGS; OUTDOOR FOOD AND BEVERAGE SERVICE 
1.14 	ESTABLISHMENTS.
1.15 	A municipality as defined under section 414.011, subdivision 2, may adopt an 
1.16 	ordinance to permit dogs to accompany persons patronizing outdoor areas of food and 
1.17 	beverage service establishments.

1.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

1.19 	Sec. 2. [216C.42] BUSINESS ENERGY USE ACCOUNTABILITY.
1.20 		Subdivision 1.Citation. This section may be cited as the Business Energy 
1.21 	Accountability Act of 2008.
1.22 		Subd. 2.Definition. For the purpose of this section, "municipality" means a 
1.23 	statutory or home rule charter city or town, or county for unincorporated areas of a county.
1.24 		Subd. 3.Energy accountability form. The commissioner of commerce shall create 
1.25 	an energy inventory form for use by a municipality for purposes of subdivision 4. The 
2.1 	form must be designed so a business can enter information concerning the following 
2.2 	energy uses for the business:
2.3 	(1) total gross electric use per year;
2.4 	(2) electric supplier;
2.5 	(3) total gross natural gas use per year;
2.6 	(4) natural gas supplier;
2.7 	(5) heating type;
2.8 	(6) air conditioning type and use per year;
2.9 	(7) business-owned motor vehicles;
2.10 	(8) miles traveled by business-owned motor vehicles;
2.11 	(9) chemicals used, including oils and cleaners;
2.12 	(10) water use per year; and
2.13 	(11) industrial sewage discharge.
2.14 	The annual total gross use information required by clauses (1) and (3) must not 
2.15 	require itemization by a business of each end use of electricity and natural gas.
2.16 	The form must be designed, to the extent possible, so that its use by a municipality 
2.17 	may qualify for federal grants available for the purpose of creating a greenhouse gas 
2.18 	emission inventory.
2.19 		Subd. 4.Municipal inventory. A municipality must make available to businesses 
2.20 	located within the municipality the inventory form prescribed by subdivision 3. The 
2.21 	business is not required to complete the inventory but may elect to do so and provide the 
2.22 	completed inventory to the municipality. The municipality shall make the inventory 
2.23 	available to the public by electronic or other means in a format that allows for convenient 
2.24 	finding of an inventory for a particular business whether by alphabetically ordering the 
2.25 	inventories by business or in some other convenient fashion.

2.26 	Sec. 3. Minnesota Statutes 2006, section 365A.095, is amended to read:
2.27 	365A.095 PETITION FOR REMOVAL OF DISTRICT; PROCEDURE; 
2.28 	REFUND OF SURPLUS.
2.29 		Subdivision 1.Petition; procedure. A petition signed by at least 75 percent of the 
2.30 	property owners in the territory of the subordinate service district requesting the removal 
2.31 	of the district may be presented to the town board. Within 30 days after the town board 
2.32 	receives the petition, the town clerk shall determine the validity of the signatures on 
2.33 	the petition. If the requisite number of signatures are certified as valid, the town board 
2.34 	must hold a public hearing on the petitioned matter. Within 30 days after the end of 
3.1 	the hearing, the town board must decide whether to discontinue the subordinate service 
3.2 	district, continue as it is, or take some other action with respect to it.
3.3 		Subd. 2.Option to refund surplus. If the district is removed under subdivision 1, 
3.4 	after all outstanding obligations of the district have been paid in full, the town board may 
3.5 	vote to refund any surplus tax revenue or service charge, or any part of it, collected from 
3.6 	the district under section 365A.08. The refund must be distributed equally to the owners 
3.7 	of any property within the discontinued district that were charged the extra tax or service 
3.8 	fee during the most recent tax year for which the tax or service fee was imposed. Any 
3.9 	surplus not refunded under this section must be transferred to the town's general fund.

3.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.11 	Sec. 4. [383B.61] TRANSFER OF DRAINAGE SYSTEMS.
3.12 		Subdivision 1.Applicability; definition. (a) This section applies to transfers of 
3.13 	management jurisdiction for the drainage systems listed in paragraph (b) from Hennepin 
3.14 	County to a water management authority, as defined under section 103E.005, subdivision 
3.15 	29. The transfer procedure described in this section is an alternative to the procedure 
3.16 	prescribed in section 103E.812. Section 103E.812 does not apply to transfers under this 
3.17 	section, except as specified in this section.
3.18 	(b) This section applies to transfer of the following drainage systems: Hennepin 
3.19 	County Ditches 3, 6, 7, 9, 11, 12, 13, 16, 18, 19, 21, 22, 25, 26, 30, J-6, and J-20.
3.20 	(c) For purposes of this section, "board" means the Hennepin County Board of 
3.21 	Commissioners.
3.22 		Subd. 2.Transfer procedure. (a) A water management authority may petition for 
3.23 	transfer if the drainage system or portion of the drainage system proposed to be transferred 
3.24 	lies within the jurisdictional boundaries of the water management authority. The petition 
3.25 	must be in a form prescribed by the board and must provide that the transferred drainage 
3.26 	system be managed according to a plan adopted under sections 103B.205 to 103B.255.
3.27 	(b) Upon receipt of a petition under paragraph (a), the board shall set a date and 
3.28 	location for public hearing and shall publish notice of the hearing in newspapers with 
3.29 	general circulation in the affected areas at least 30 days prior to the hearing. The notice 
3.30 	shall include a statement that property owners have a right to object to the transfer at 
3.31 	the hearing.
3.32 	(c) The hearing shall be conducted according to procedures established by the board. 
3.33 	Transfer shall be completed upon approval of the board.
3.34 	(d) Costs of the transfer proceedings shall be attributable according to section 
3.35 	103E.812, subdivision 6.
4.1 		Subd. 3.Effect of transfer. The transfer of a drainage system under this section 
4.2 	is not a compromise of any property right held by an owner of assessed property on the 
4.3 	transferred drainage system and the rights of the property owners are as provided in 
4.4 	section 103E.812, subdivision 7. Transfer of a drainage system under this section has the 
4.5 	effect given under section 103E.812, subdivision 8.

4.6 	Sec. 5. Minnesota Statutes 2006, section 394.26, is amended to read:
4.7 	394.26 PUBLIC HEARINGS.
4.8 		Subd. 1a.When required. In addition to public hearings required by section 375.51
4.9 	prior to the adoption by ordinance of any comprehensive plan or amendments thereto 
4.10 	or of any official control or amendment thereto, public hearings shall be held before 
4.11 	any conditional use permit, interim use permit, any variance, and any or proposal for a 
4.12 	subdivision is approved or denied by the responsible authority, and in circumstances 
4.13 	where a public hearing is otherwise required by sections 394.21 to 394.37. Such public 
4.14 	hearings may be continued from time to time and additional hearings may be held. 
4.15 		Subd. 2.Notice. Notice of the time, place, and purpose of any public hearing shall 
4.16 	be given by publication in a newspaper of general circulation in the town, municipality, or 
4.17 	other area concerned, and in the official newspaper of the county, at least ten days before 
4.18 	the hearing, except that notice of public hearings in connection with the adoption by 
4.19 	ordinance of any comprehensive plan or amendments thereto or adoption or amendment of 
4.20 	any official controls shall be given in the manner provided by section 375.51, subdivision 
4.21 	2. In addition to the requirements of section 375.51, subdivision 2, written notice of public 
4.22 	hearings on all official controls and amendments thereto shall be sent to the governing 
4.23 	bodies of all towns and all municipalities located within the county. Written notice 
4.24 	of public hearings regarding the application of official controls to specific properties, 
4.25 	including but not limited to conditional uses, variances, interim uses, zoning regulations, 
4.26 	and subdivision regulations, shall be sent to all property owners of record within 500 feet 
4.27 	of the affected property in incorporated areas. In unincorporated areas, the written notice 
4.28 	shall be sent to property owners as follows: 
4.29 	(a) in the case of variances, to owners of record within 500 feet of the affected 
4.30 	property;
4.31 	(b) in the case of conditional uses and interim uses, to owners of record within 
4.32 	one-quarter mile of the affected property or to the ten properties nearest to the affected 
4.33 	property, whichever would provide notice to the greatest number of owners;
5.1 	(c) in the case of all other official controls, including but not limited to zoning 
5.2 	regulations and subdivision regulations, to owners of record within one-half mile of the 
5.3 	affected property.
5.4 	Written notice shall also be given to the affected board of town supervisors, and the 
5.5 	municipal council of any municipality within two miles of the affected property.
5.6 		Subd. 3a.Who runs hearing. The board may assign responsibility to conduct 
5.7 	public hearings for one or more purposes to the planning commission, board of adjustment 
5.8 	or any official or employee of the county, except as provided in section 375.51. 

5.9 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.10 	Sec. 6. [394.303] INTERIM USES.
5.11 		Subdivision 1.Definition. An "interim use" is a temporary use of property until a 
5.12 	particular date, until the occurrence of a particular event, or until zoning regulations 
5.13 	no longer permit it.
5.14 		Subd. 2.Authority. Zoning regulations may permit the governing body to allow 
5.15 	interim uses. The regulations may set conditions on interim uses. The governing body 
5.16 	may grant permission for an interim use of property if:
5.17 	(1) the use conforms to the zoning regulations;
5.18 	(2) the date or event that will terminate the use can be identified with certainty;
5.19 	(3) permission of the use will not impose additional costs on the public if it is 
5.20 	necessary for the public to take the property in the future; and
5.21 	(4) the user agrees to any conditions that the governing body deems appropriate 
5.22 	for permission of the use.
5.23 	Any interim use may be terminated by a change in zoning regulations.
5.24 		Subd. 3.Public hearings. Public hearings on the granting of interim use permits 
5.25 	shall be held in the manner provided in section 394.26.

5.26 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.27 	Sec. 7. Minnesota Statutes 2006, section 410.05, subdivision 5, is amended to read:
5.28 		Subd. 5.Discharge. (a) A charter commission in a statutory city may be discharged 
5.29 	as follows:
5.30 	(1) if the charter commission of a statutory city determines that a charter is not 
5.31 	necessary or desirable, the commission may be discharged by a vote of three-fourths 
5.32 	of its members.; or
6.1 	(2) if a petition signed by registered voters equal in number to at least five percent 
6.2 	of the registered voters in the city requesting a referendum to discharge the charter 
6.3 	commission is filed with the city clerk, an election must be held on the issue at a general 
6.4 	election or a special election pursuant to section 205.10. If a majority of the votes cast 
6.5 	support the referendum, the charter commission shall be discharged.
6.6 	(b) Another commission may not be formed sooner than one year from the date of 
6.7 	discharge.

6.8 	Sec. 8. Minnesota Statutes 2006, section 410.12, subdivision 7, is amended to read:
6.9 		Subd. 7.Amendment by ordinance. Upon recommendation of the charter 
6.10 	commission the city council may enact a charter amendment by ordinance. Within one 
6.11 	month of receiving a recommendation to amend the charter by ordinance, the city must 
6.12 	publish notice of a public hearing on the proposal and the notice must contain the text 
6.13 	of the proposed amendment. The city council must hold the public hearing on the 
6.14 	proposed charter amendment at least two weeks but not more than one month after the 
6.15 	notice is published. Within one month of the public hearing, the city council must vote 
6.16 	on the proposed charter amendment ordinance. The ordinance is enacted if it receives an 
6.17 	affirmative vote of all members of the city council and is approved by the mayor and 
6.18 	published as in the case of other ordinances. An ordinance amending a city charter shall 
6.19 	not become effective until 90 days after passage and publication or at such later date 
6.20 	as is fixed in the ordinance. Within 60 days after passage and publication of such an 
6.21 	ordinance, a petition requesting a referendum on the ordinance may be filed with the 
6.22 	city clerk. Such The petition shall must be signed by qualified registered voters equal in 
6.23 	number to two percent of the total number of votes cast in the city at the last state general 
6.24 	election at least five percent of the registered voters in the city or 2,000, whichever is less. 
6.25 	If the city has a system of permanent registration of voters, only registered voters are 
6.26 	eligible to sign the petition. If the requisite petition is filed within the prescribed period, 
6.27 	the ordinance shall not become effective until it is approved by the voters as in the case 
6.28 	of charter amendments submitted by the charter commission, the council, or by petition 
6.29 	of the voters, except that the council may submit the ordinance at any general or special 
6.30 	election held at least 60 days after submission of the petition, or it may reconsider its 
6.31 	action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 
6.32 	to 3 apply to petitions submitted under this section, to an ordinance amending a charter, 
6.33 	and to the filing of such ordinance when approved by the voters.

6.34 	Sec. 9. Minnesota Statutes 2006, section 444.075, subdivision 3, is amended to read:
7.1 		Subd. 3.Charges; net revenues. (a) To pay for the construction, reconstruction, 
7.2 	repair, enlargement, improvement, or other obtainment, the maintenance, operation and 
7.3 	use of the facilities, and of obtaining and complying with permits required by law, the 
7.4 	governing body of a municipality or county may impose just and equitable charges for 
7.5 	the use and for the availability of the facilities and for connections with them and make 
7.6 	contracts for the charges as provided in this section. The charges may be imposed with 
7.7 	respect to facilities made available by agreement with other municipalities, counties 
7.8 	or private corporations or individuals, as well as those owned and operated by the 
7.9 	municipality or county itself.
7.10 	(b) Notwithstanding local charter restrictions, charges made for service rendered 
7.11 	shall be as nearly as possible proportionate to the cost of furnishing the service.

7.12 	Sec. 10. Minnesota Statutes 2006, section 508.82, subdivision 1, is amended to read:
7.13 		Subdivision 1.Standard documents. The fees to be charged by the registrar of 
7.14 	titles shall be and not exceed the following:
7.15 	(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), (4), 
7.16 	(11), (13), (15), (17), and (18) for filing or memorializing shall be paid to the state treasury 
7.17 	pursuant to section 508.75 and credited to the general fund;
7.18 	(2) for registering a first certificate of title, including issuing a copy of it, $46. 
7.19 	Pursuant to clause (1), distribution of this fee is as follows:
7.20 	(i) $10.50 shall be paid to the state treasury and credited to the general fund;
7.21 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
7.22 	subdivision 3; and
7.23 	(iii) $25.50 shall be deposited in the county general fund;
7.24 	(3) for registering each instrument transferring the fee simple title for which a new 
7.25 	certificate of title is issued and for the registration of the new certificate of title, including 
7.26 	a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows:
7.27 	(i) $12 shall be paid to the state treasury and credited to the general fund;
7.28 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
7.29 	subdivision 3; and
7.30 	(iii) $24 shall be deposited in the county general fund;
7.31 	(4) for the entry of each memorial on a certificate, $46. For multiple certificate 
7.32 	entries, $20 thereafter. Pursuant to clause (1), distribution of this fee is as follows:
7.33 	(i) $12 shall be paid to the state treasury and credited to the general fund;
7.34 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
7.35 	subdivision 3;
8.1 	(iii) $24 shall be deposited in the county general fund; and
8.2 	(iv) $20 shall be deposited in the county general fund for each multiple entry used;
8.3 	(5) for issuing each residue certificate and each additional new certificate, $40;
8.4 	(6) for exchange certificates, $20 for each certificate canceled and $20 for each 
8.5 	new certificate issued;
8.6 	(7) for each certificate showing condition of the register, $50;
8.7 	(8) for any certified copy of any instrument or writing on file or recorded in the 
8.8 	registrar of titles' office, $10;
8.9 	(9) for a noncertified copy of any certificate of title, other than the copies issued 
8.10 	under clauses (2) and (3), any instrument or writing on file or recorded in the office of 
8.11 	the registrar of titles, or any specified page or part of it, an amount as determined by the 
8.12 	county board for each page or fraction of a page specified. If computer or microfilm 
8.13 	printers are used to reproduce the instrument or writing, a like amount per image;
8.14 	(10) for a noncertified copy of any document submitted for recording, if the original 
8.15 	document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy 
8.16 	or duplicate original and payment of the fee, a registrar of titles shall return it marked 
8.17 	"copy" or "duplicate," showing the recording date and, if available, the document number 
8.18 	assigned to the original;
8.19 	(11) for filing two copies of any plat, other than a CIC plat complying with section 
8.20 	515B.2-110, paragraph (c), in the office of the registrar, $56. Pursuant to clause (1), 
8.21 	distribution of this fee is as follows:
8.22 	(i) $12 shall be paid to the state treasury and credited to the general fund;
8.23 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
8.24 	subdivision 3; and
8.25 	(iii) $34 shall be deposited in the county general fund;
8.26 	(12) for any other service under this chapter, such fee as the court shall determine;
8.27 	(13) for filing an amendment to a declaration in accordance with chapter 515, $46 
8.28 	for each certificate upon which the document is registered and for multiple certificate 
8.29 	entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter 
8.30 	515.for filing any document affecting two or more units in a condominium governed by 
8.31 	chapter 515, $46 for the first certificate upon which the document is registered, and for 
8.32 	multiple certificate entries, $20 for each additional certificate upon which the document 
8.33 	is registered. For purposes of this paragraph, an amendment to the declaration of a 
8.34 	condominium governed by chapter 515 and a related amendment to the condominium 
8.35 	floor plans shall be considered a single document, and the filing fee shall be $56 for the 
8.36 	first certificate upon which the document is registered, and for multiple certificate entries, 
9.1 	$20 for each additional certificate upon which the document is registered.  Pursuant to 
9.2 	clause (1), distribution of this fee is as follows:
9.3 	(i) $12 shall be paid to the state treasury and credited to the general fund;
9.4 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
9.5 	subdivision 3;
9.6 	(iii) $24 shall be deposited in the county general fund for amendment to a declaration;
9.7 	(iv) $20 shall be deposited in the county general fund for each multiple entry 
9.8 	used; and
9.9 	(v) $34 shall be deposited in the county general fund for an amended floor plan;
9.10 	(14) for issuance of a CECT pursuant to section 508.351, $40;
9.11 	(15) for filing an amendment to a common interest community declaration, including 
9.12 	a supplemental declaration, and plat or amendment complying with section 515B.2-110, 
9.13 	subsection (c), $46 for  the first certificate upon which the document is registered and for 
9.14 	multiple certificate entries, $20 thereafter and $56 for the filing of the condominium or 
9.15 	common interest community plat or amendment. See section 515B.1-116 for special 
9.16 	requirement relating to a common interest community.for filing a common interest 
9.17 	community declaration and a CIC plat complying with section 515B.2-110, paragraph 
9.18 	(c); an amendment to a common interest community declaration and a related amendment 
9.19 	to a CIC plat complying with section 515B.2-110, paragraph (c); or a supplemental 
9.20 	declaration and a related supplemental CIC plat complying with section 515B.2-110, 
9.21 	paragraph (c), each of which related documents shall be considered a single document, 
9.22 	the filing fee shall be $56 for the first certificate upon which the document is registered, 
9.23 	and for multiple certificate entries, $20 for each additional certificate upon which the 
9.24 	document is registered. For filing any other document affecting two or more units in a 
9.25 	common interest community, the filing fee shall be $46 for the first certificate upon which 
9.26 	the document is registered, and for multiple certificate entries, $20 for each additional 
9.27 	certificate upon which the document is registered. The same fees shall apply to filing any 
9.28 	document affecting two or more units or other parcels subject to a master declaration.
9.29 	Pursuant to clause (1), distribution of this fee is as follows:
9.30 	(i) $12 shall be paid to the state treasury and credited to the general fund;
9.31 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
9.32 	subdivision 3;
9.33 	(iii) $24 shall be deposited in the county general fund for the filing of an amendment 
9.34 	complying with section 515B.2-110, subsection (c);
9.35 	(iv) $20 shall be deposited in the county general fund for each multiple entry 
9.36 	used; and
10.1 	(v) $34 shall be deposited in the county general fund for the filing of a condominium 
10.2 	or CIC plat or amendment;
10.3 	(16) for a copy of a condominium floor plan filed in accordance with chapter 515, 
10.4 	or a copy of a common interest community plat complying with section 515B.2-110, 
10.5 	subsection (c), the fee shall be $1 for each page of the floor plan or common interest 
10.6 	community plat with a minimum fee of $10;
10.7 	(17) for the filing of a certified copy of a plat of the survey pursuant to section 
10.8 	508.23 or 508.671, $46. Pursuant to clause (1), distribution of this fee is as follows:
10.9 	(i) $12 shall be paid to the state treasury and credited to the general fund;
10.10 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
10.11 	subdivision 3; and
10.12 	(iii) $24 shall be deposited in the county general fund;
10.13 	(18) for filing a registered land survey in triplicate in accordance with section 
10.14 	508.47, subdivision 4, $56. Pursuant to clause (1), distribution of this fee is as follows:
10.15 	(i) $12 shall be paid to the state treasury and credited to the general fund;
10.16 	(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, 
10.17 	subdivision 3; and
10.18 	(iii) $34 shall be deposited in the county general fund; and
10.19 	(19) for furnishing a certified copy of a registered land survey in accordance with 
10.20 	section 508.47, subdivision 4, $15.

10.21 	Sec. 11. Minnesota Statutes 2006, section 515B.1-116, is amended to read:
10.22 	515B.1-116 RECORDING.
10.23 	(a) A declaration, bylaws, any amendment to a declaration or bylaws, and any other 
10.24 	instrument affecting a common interest community shall be entitled to be recorded. In 
10.25 	those counties which have a tract index, the county recorder shall enter the declaration in 
10.26 	the tract index for each unit or other tract affected. The county recorder shall not enter 
10.27 	the declaration in the tract index for lands described as additional real estate, unless such 
10.28 	lands are added to the common interest community pursuant to section 515B.2-111. The 
10.29 	registrar of titles shall file the declaration in accordance with section 508.351 or 508A.351. 
10.30 	The registrar of titles shall not file the declaration upon certificates of title for lands 
10.31 	described as additional real estate, unless such lands are added to the common interest 
10.32 	community pursuant to section 515B.2-111.
10.33 	(b) The recording officer shall upon request promptly assign a number (CIC number) 
10.34 	to a common interest community to be formed or to a common interest community 
10.35 	resulting from the merger of two or more common interest communities.
11.1 	(c) Documents recorded pursuant to this chapter shall in the case of registered 
11.2 	land be filed, and references to the recording of documents shall mean filed in the case 
11.3 	of registered land.
11.4 	(d) Subject to any specific requirements of this chapter, if a recorded document 
11.5 	relating to a common interest community or a master association purports to require a 
11.6 	certain vote or signatures approving any restatement or amendment of the document by a 
11.7 	certain number or percentage of unit owners or secured parties, and if the amendment or 
11.8 	restatement is to be recorded, an affidavit of the president or secretary of the association 
11.9 	stating that the required vote or signatures have been obtained shall be attached to the 
11.10 	document to be recorded and shall constitute prima facie evidence of the representations 
11.11 	contained therein.
11.12 	(e) If a common interest community is located on registered land, the recording 
11.13 	fee for any document affecting two or more units shall be $46 for the first ten affected 
11.14 	certificates and $10 for each additional affected certificate. This provision shall not apply 
11.15 	to recording fees for deeds of conveyance, with the exception of deeds given pursuant 
11.16 	to sections 515B.2-119 and 515B.3-112. The same fees shall apply to recording any 
11.17 	document affecting two or more units or other parcels of real estate subject to a master 
11.18 	declaration.
11.19 	(f) (e) Except as permitted under this subsection, a recording officer shall not file 
11.20 	or record a declaration creating a new common interest community, unless the county 
11.21 	treasurer has certified that the property taxes payable in the current year for the real estate 
11.22 	included in the proposed common interest community have been paid. This certification 
11.23 	is in addition to the certification for delinquent taxes required by section 272.12. In the 
11.24 	case of preexisting common interest communities, the recording officer shall accept, 
11.25 	file, and record the following instruments, without requiring a certification as to the 
11.26 	current or delinquent taxes on any of the units in the common interest community: (i) a 
11.27 	declaration subjecting the common interest community to this chapter; (ii) a declaration 
11.28 	changing the form of a common interest community pursuant to section 515B.2-123; or 
11.29 	(iii) an amendment to or restatement of the declaration, bylaws, or CIC plat. In order for 
11.30 	an instrument to be accepted and recorded under the preceding sentence, the instrument 
11.31 	must not create or change unit or common area boundaries.

11.32 	Sec. 12. Laws 2006, chapter 269, section 2, is amended to read:
11.33 	Sec. 2. DEDICATION FEE.
 11.34 	The Minneapolis Park and Recreation Board and the Minneapolis City Council 
11.35 	may jointly exercise the powers conferred under Minnesota Statutes, section 462.358, 
12.1 	with respect to requiring that a reasonable portion of land be dedicated to the public 
12.2 	or imposing a dedication fee on new housing units and new commercial and industrial 
12.3 	development in the city, wherever located, for public parks, playgrounds, recreational 
12.4 	facilities, wetlands, trails, or open space. The dedication of land or dedication fee must 
12.5 	be imposed by an ordinance jointly enacted by the park board and the city council.  The 
12.6 	ordinance may exclude senior housing and affordable housing from paying the fee or the 
12.7 	dedication of land. The provisions of Minnesota Statutes, section 462.358, subdivisions 
12.8 	2b, paragraph (b), and 2c, apply to the imposition, application, and use of the dedication of 
12.9 	land or the dedication fee.

12.10 	EFFECTIVE DATE. This section is effective upon compliance by the Minneapolis 
12.11 	Park and Recreation Board and the Minneapolis City Council with Minnesota Statutes, 
12.12 	section 645.021.