HF 2132

2nd Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 04/16/2012 09:10am

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 . Except as otherwise provided in this
1.13section, the Anoka County Housing and Redevelopment Authority has all of the powers
1.14and duties of a county authority and a county 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
1.21sections 469.001 to 469.047 and any other law.
1.22    Subd. 2. Municipal authorities. This section shall not limit or restrict any existing
1.23housing and redevelopment authority existing on or before May 3, 2011, or prevent a
1.24municipality from creating an authority with the concurrence of the county under section
1.25469.004, subdivision 5. The county shall not exercise jurisdiction in any municipality
2.1where a municipal housing and redevelopment authority is established on or before May
2.23, 2011. Except for the area in those municipalities, the Anoka County Housing and
2.3Redevelopment Authority's jurisdiction and area of operations includes all of the area
2.4within the territorial boundaries of the county and includes the areas within the boundaries
2.5of all other municipalities in the county. Local approval of all projects is required pursuant
2.6to section 383E.18. 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.
2.11EFFECTIVE DATE.This section is effective the day after the governing bodies of
2.12Anoka County and the Anoka County Housing and Redevelopment Authority and their
2.13chief clerical officers timely complete their compliance with Minnesota Statutes, section
2.14645.021, subdivisions 2 and 3.

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 and the location of the project 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.
2.21EFFECTIVE DATE.This section is effective the day after the governing bodies of
2.22Anoka County and the Anoka County Housing and Redevelopment Authority and their
2.23chief clerical officers timely complete their compliance with Minnesota Statutes, section
2.24645.021, subdivisions 2 and 3.

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 county 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 469.001 to
2.33469.047, and all powers of a county housing and redevelopment authority under any other
3.1provisions of Minnesota law, and Minnesota Statutes, sections 469.001 to 469.047 apply
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.
3.7EFFECTIVE DATE.This section is effective the day after the governing body of
3.8Washington County and its chief clerical officer timely complete their compliance with
3.9Minnesota Statutes, section 645.021, subdivisions 2 and 3.

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. The jurisdiction and area of operation of the
3.15Washington County Housing and Redevelopment Authority includes all of the area within
3.16the territorial boundaries of the county and includes the areas within the boundaries of
3.17every city in the county and the area of operation of city housing and redevelopment
3.18authorities in the county, whenever created, and notwithstanding any provision of
3.19Minnesota Statutes, section 469.005, subdivision 1, or 469.008, subject, however, to
3.20section 3. The jurisdiction and area of operation of the Washington County Housing and
3.21Redevelopment Authority is not affected by any concurrence by the Washington County
3.22Housing and Redevelopment Authority under Minnesota Statutes, section 469.004,
3.23subdivision 5.
3.24EFFECTIVE DATE.This section is effective the day after the governing body of
3.25Washington County and its chief clerical officer timely complete their compliance with
3.26Minnesota Statutes, section 645.021, subdivisions 2 and 3.

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 the project is within the boundaries of any
3.31incorporated village, statutory or home rule charter city or township, the project and the
3.32location of such the project shall be approved subject to approval by the governing body
3.33of such village, the city, or township. The procedures in Minnesota Statutes, section
4.1469.007, subdivision 2, shall apply to the governing body project and location approvals
4.2required by this section.
4.3EFFECTIVE DATE.This section is effective the day after the governing body of
4.4Washington County and its chief clerical officer timely complete their compliance with
4.5Minnesota Statutes, section 645.021, subdivisions 2 and 3.

4.6    Sec. 6. PRIOR ACTIVITIES.
4.7Sections 1, 2, and 3 are, in part, remedial in nature. Actions of Washington County
4.8or the Washington County Housing and Redevelopment Authority prior to the effective
4.9date of those sections are not invalid or unenforceable for exercising powers that are
4.10authorized by sections 1, 2, and 3.
4.11EFFECTIVE DATE.This section is effective the day following final enactment.