HF 2132

2nd Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 04/16/2012 09:10 a.m.

1.1A bill for an act 1.2relating to housing and redevelopment authorities; clarifying the jurisdiction of 1.3the Washington County Housing and Redevelopment Authority and the Anoka 1.4County Housing and Redevelopment Authority;amending Minnesota Statutes 1.52010, sections 383E.17; 383E.18; Laws 1974, chapter 475, sections 1; 2, 1.6subdivision 1; 3. 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8    Section 1. Minnesota Statutes 2010, section 383E.17, is amended to read: 1.9383E.17 HOUSING AND REDEVELOPMENT. 1.10    Subdivision 1. Housing and redevelopment authority. There is created in the 1.11county of Anoka a public body corporate and politic, to be known as the Anoka County 1.12Housing and Redevelopment Authority, having new text begin . Except as otherwise provided in this new text end 1.13 new text begin section, the Anoka County Housing and Redevelopment Authority has new text end all of the powers 1.14and 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 1.15the provisions of the Municipal Housing and Redevelopment Act, Minnesota Statutes 1.161986, sections 462.411 to 462.711. For the purposes of applying the provisions of the 1.17Municipal Housing and Redevelopment Act to Anoka County, the county has all of the 1.18powers and duties of a municipality, the county board has all of the powers and duties of a 1.19governing body, the chair of the county board has all of the powers and duties of a mayor, 1.20and the area of operation includes the area within the territorial boundaries of the county new text begin new text end 1.21 new text begin sections 469.001 to 469.047 and any other law new text end . 1.22    Subd. 2. Municipal authorities. This section shall not limit or restrict any existing 1.23housing and redevelopment authority new text begin existing on or before May 3, 2011, new text end or prevent a 1.24municipality from creating an authority new text begin with the concurrence of the county under section new text end 1.25 new text begin 469.004, subdivision 5 new text end . The county shall not exercise jurisdiction in any municipality 2.1where a municipal housing and redevelopment authority is established new text begin on or before May new text end 2.2 new text begin 3, 2011. Except for the area in those municipalities, the Anoka County Housing and new text end 2.3 new text begin Redevelopment Authority's jurisdiction and area of operations includes all of the area new text end 2.4 new text begin within the territorial boundaries of the county and includes the areas within the boundaries new text end 2.5 new text begin of all other municipalities in the county. Local approval of all projects is required pursuant new text end 2.6 new text begin to section 383E.18 new text end . If a municipal housing and redevelopment authority requests the 2.7Anoka County Housing and Redevelopment Authority to handle the housing duties of 2.8the municipal authority, the Anoka County Housing and Redevelopment Authority shall 2.9act and have exclusive jurisdiction for housing in the municipality. A transfer of duties 2.10relating to housing shall not transfer any duties relating to redevelopment. 2.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing bodies of new text end 2.12 new text begin Anoka County and the Anoka County Housing and Redevelopment Authority and their new text end 2.13 new text begin chief clerical officers timely complete their compliance with Minnesota Statutes, section new text end 2.14 new text begin 645.021, subdivisions 2 and 3. new text end 2.15    Sec. 2. Minnesota Statutes 2010, section 383E.18, is amended to read: 2.16383E.18 LOCAL APPROVAL. 2.17Before a housing or redevelopment project of the Anoka County Housing and 2.18Redevelopment Authority is undertaken, the project new text begin and the location of the project new text end shall 2.19be approved by the local governing body with jurisdiction over all or any part of the area 2.20in which the proposed project is located. 2.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing bodies of new text end 2.22 new text begin Anoka County and the Anoka County Housing and Redevelopment Authority and their new text end 2.23 new text begin chief clerical officers timely complete their compliance with Minnesota Statutes, section new text end 2.24 new text begin 645.021, subdivisions 2 and 3. new text end 2.25    Sec. 3. Laws 1974, chapter 475, section 1, is amended to read: 2.26    Section 1. WASHINGTON COUNTY; HOUSING AND REDEVELOPMENT 2.27AUTHORITY. 2.28There is hereby created in Washington county a public body corporate and politic, 2.29to be known as the Washington County Housing and Redevelopment Authority, having 2.30all the powers and duties of a housing and redevelopment new text begin county new text end authority under 2.31the provisions of the municipal housing and redevelopment act, Minnesota Statutes, 2.32sections 462.411 to 462.711, and acts amendatory thereof; which act applies new text begin 469.001 to new text end 2.33 new text begin 469.047, and all powers of a county housing and redevelopment authority under any other new text end 3.1 new text begin provisions of Minnesota law, and Minnesota Statutes, sections 469.001 to 469.047 apply new text end 3.2to the county of Washington. For the purposes of applying the provisions of the municipal 3.3housing and redevelopment act to Washington county, the county has all of the powers and 3.4duties of a municipality, the county board has all of the powers and duties of a governing 3.5body, the chairman of the county board has all the powers and duties of a mayor, and the 3.6area of operation includes the area within the territorial boundaries of the county. 3.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing body of new text end 3.8 new text begin Washington County and its chief clerical officer timely complete their compliance with new text end 3.9 new text begin Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end 3.10    Sec. 4. Laws 1974, chapter 475, section 2, subdivision 1, is amended to read: 3.11    Subdivision 1. This act shall not limit or restrict any existing housing and 3.12redevelopment authority or prevent a municipality from creating an authority. The 3.13county shall not exercise jurisdiction in any municipality where a municipal housing and 3.14redevelopment authority is established. new text begin The jurisdiction and area of operation of the new text end 3.15 new text begin Washington County Housing and Redevelopment Authority includes all of the area within new text end 3.16 new text begin the territorial boundaries of the county and includes the areas within the boundaries of new text end 3.17 new text begin every city in the county and the area of operation of city housing and redevelopment new text end 3.18 new text begin authorities in the county, whenever created, and notwithstanding any provision of new text end 3.19 new text begin Minnesota Statutes, section 469.005, subdivision 1, or 469.008, subject, however, to new text end 3.20 new text begin section 3. The jurisdiction and area of operation of the Washington County Housing and new text end 3.21 new text begin Redevelopment Authority is not affected by any concurrence by the Washington County new text end 3.22 new text begin Housing and Redevelopment Authority under Minnesota Statutes, section 469.004, new text end 3.23 new text begin subdivision 5. new text end 3.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing body of new text end 3.25 new text begin Washington County and its chief clerical officer timely complete their compliance with new text end 3.26 new text begin Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end 3.27    Sec. 5. Laws 1974, chapter 475, section 3, is amended to read: 3.28    Sec. 3. MUNICIPAL APPROVAL. 3.29If any housing or redevelopment project is undertaken in Washington county 3.30pursuant to this authorization, and such new text begin the new text end project is within the boundaries of any 3.31incorporated village, new text begin statutory or home rule charter new text end city or township, new text begin the project and new text end the 3.32location of such new text begin the new text end project shall be approved new text begin subject to approval new text end by the governing body 3.33of such village, new text begin the new text end city, or township. new text begin The procedures in Minnesota Statutes, section new text end 4.1 new text begin 469.007, subdivision 2, shall apply to the governing body project and location approvals new text end 4.2 new text begin required by this section. new text end 4.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing body of new text end 4.4 new text begin Washington County and its chief clerical officer timely complete their compliance with new text end 4.5 new text begin Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end 4.6    Sec. 6. new text begin PRIOR ACTIVITIES. new text end 4.7 new text begin Sections 1, 2, and 3 are, in part, remedial in nature. Actions of Washington County new text end 4.8 new text begin or the Washington County Housing and Redevelopment Authority prior to the effective new text end 4.9 new text begin date of those sections are not invalid or unenforceable for exercising powers that are new text end 4.10 new text begin authorized by sections 1, 2, and 3. new text end 4.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end