Minnesota Legislature
HF 3346
1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to housing; requiring notice of utility dislocation; classifying data;
1.3providing assistance to prevent mortgage foreclosure; increasing the maximum
1.4amount of financial assistance;amending Minnesota Statutes 2006, sections
1.513.681, by adding a subdivision; 462A.209, subdivision 7; proposing coding for
1.6new law in Minnesota Statutes, chapter 216B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2006, section 13.681, is amended by adding a
1.9subdivision to read:
1.10 Subd. 6. Utility disconnection. Utility data on disconnections provided to cities
1.11under section 216B.0976 shall be treated as private data on individuals or nonpublic data.
1.12 Sec. 2. [216B.0976] NOTICE TO CITIES OF UTILITY DISCONNECTION.
1.13 Subdivision 1. Notice required. Notwithstanding section 13.685 or any other law
1.14or administrative rule to the contrary, a public utility, cooperative electric association,
1.15or municipal utility must provide notice to a statutory city or home rule charter city,
1.16as prescribed by this section, of disconnection of a customer's gas or electric service.
1.17Upon written request from a city, on October 15 and November 1 of each year, or the
1.18next business day if that date falls on a Saturday or Sunday, a report must be made
1.19available to the city of the address of properties currently disconnected and the date of
1.20the disconnection. Upon written request from a city, between October 15 and April 15,
1.21daily reports must be made available of the address and date of any newly disconnected
1.22properties.
1.23 For the purpose of this section, "disconnection" means a cessation of services
1.24initiated by the public utility, cooperative electric association, or municipal utility that
2.1affects the primary heat source of a residence and service is not reconnected within 24
2.2hours.
2.3 Subd. 2. Data. Data on customers that are provided to cities under subdivision 1 are
2.4private data on individuals or nonpublic data, as defined in section 13.02.
2.5 Sec. 3. Minnesota Statutes 2006, section 462A.209, subdivision 7, is amended to read:
2.6 Subd. 7. Assistance to prevent mortgage foreclosures. (a) Program assistance
2.7and counseling to prevent mortgage foreclosures or cancellations of contract for deeds
2.8includes general information, screening, assessment, referral services, case management,
2.9advocacy, and financial assistance to borrowers who are delinquent on mortgage or
2.10contract for deed payments.
2.11(b) Not more than one-half of funds awarded for foreclosure prevention and
2.12assistance activities may be used for mortgage or financial counseling services.
2.13(c) Financial assistance consists of payments for delinquent mortgage or contract
2.14for deed payments, future mortgage or contract for deed payments for a period of up to
2.15six months, property taxes, assessments, utilities, insurance, home improvement repairs,
2.16future rent payments for a period of up to six months, and relocation costs if necessary, or
2.17other costs necessary to prevent foreclosure.
2.18(d)An individual or family may receive a maximum of $5,500 of financial assistance
2.19The maximum amount of financial assistance an individual or family may receive to
2.20prevent a mortgage foreclosure or the cancellation of a contract for deed is 110 percent of
2.21the greater of state or applicable metropolitan statistical area median monthly owner cost
2.22of owner-occupied housing, as estimated by the United States Census Bureau using data
2.23collected in the most recent American Community Survey, multiplied by six.
2.24(e) The agency may require the recipient of financial assistance to enter into an
2.25agreement with the agency for repayment. The repayment agreement for mortgages or
2.26contract for deed buyers must provide that in the event the property is sold, transferred,
2.27or otherwise conveyed, or ceases to be the recipient's principal place of residence, the
2.28recipient shall repay all or a portion of the financial assistance. The agency may take into
2.29consideration financial hardship in determining repayment requirements. The repayment
2.30agreement may be secured by a lien on the property for the benefit of the agency.
2.31 Sec. 4. EFFECTIVE DATE.
2.32Section 3 is effective the day following final enactment.
1.3providing assistance to prevent mortgage foreclosure; increasing the maximum
1.4amount of financial assistance;amending Minnesota Statutes 2006, sections
1.513.681, by adding a subdivision; 462A.209, subdivision 7; proposing coding for
1.6new law in Minnesota Statutes, chapter 216B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2006, section 13.681, is amended by adding a
1.9subdivision to read:
1.10 Subd. 6. Utility disconnection. Utility data on disconnections provided to cities
1.11under section 216B.0976 shall be treated as private data on individuals or nonpublic data.
1.12 Sec. 2. [216B.0976] NOTICE TO CITIES OF UTILITY DISCONNECTION.
1.13 Subdivision 1. Notice required. Notwithstanding section 13.685 or any other law
1.14or administrative rule to the contrary, a public utility, cooperative electric association,
1.15or municipal utility must provide notice to a statutory city or home rule charter city,
1.16as prescribed by this section, of disconnection of a customer's gas or electric service.
1.17Upon written request from a city, on October 15 and November 1 of each year, or the
1.18next business day if that date falls on a Saturday or Sunday, a report must be made
1.19available to the city of the address of properties currently disconnected and the date of
1.20the disconnection. Upon written request from a city, between October 15 and April 15,
1.21daily reports must be made available of the address and date of any newly disconnected
1.22properties.
1.23 For the purpose of this section, "disconnection" means a cessation of services
1.24initiated by the public utility, cooperative electric association, or municipal utility that
2.1affects the primary heat source of a residence and service is not reconnected within 24
2.2hours.
2.3 Subd. 2. Data. Data on customers that are provided to cities under subdivision 1 are
2.4private data on individuals or nonpublic data, as defined in section 13.02.
2.5 Sec. 3. Minnesota Statutes 2006, section 462A.209, subdivision 7, is amended to read:
2.6 Subd. 7. Assistance to prevent mortgage foreclosures. (a) Program assistance
2.7and counseling to prevent mortgage foreclosures or cancellations of contract for deeds
2.8includes general information, screening, assessment, referral services, case management,
2.9advocacy, and financial assistance to borrowers who are delinquent on mortgage or
2.10contract for deed payments.
2.11(b) Not more than one-half of funds awarded for foreclosure prevention and
2.12assistance activities may be used for mortgage or financial counseling services.
2.13(c) Financial assistance consists of payments for delinquent mortgage or contract
2.14for deed payments, future mortgage or contract for deed payments for a period of up to
2.15six months, property taxes, assessments, utilities, insurance, home improvement repairs,
2.16future rent payments for a period of up to six months, and relocation costs if necessary, or
2.17other costs necessary to prevent foreclosure.
2.18(d)
2.19The maximum amount of financial assistance an individual or family may receive to
2.20prevent a mortgage foreclosure or the cancellation of a contract for deed is 110 percent of
2.21the greater of state or applicable metropolitan statistical area median monthly owner cost
2.22of owner-occupied housing, as estimated by the United States Census Bureau using data
2.23collected in the most recent American Community Survey, multiplied by six.
2.24(e) The agency may require the recipient of financial assistance to enter into an
2.25agreement with the agency for repayment. The repayment agreement for mortgages or
2.26contract for deed buyers must provide that in the event the property is sold, transferred,
2.27or otherwise conveyed, or ceases to be the recipient's principal place of residence, the
2.28recipient shall repay all or a portion of the financial assistance. The agency may take into
2.29consideration financial hardship in determining repayment requirements. The repayment
2.30agreement may be secured by a lien on the property for the benefit of the agency.
2.31 Sec. 4. EFFECTIVE DATE.
2.32Section 3 is effective the day following final enactment.