SF 1758

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/16/2012 08:56am

A bill for an act
relating to real property; expanding utility disconnection notice requirements;
providing for payment of utilities by the holder of a sheriff's certificate; amending
Minnesota Statutes 2010, sections 216B.0976; 582.031, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2010, section 216B.0976, is amended to read:

216B.0976 NOTICE deleted text begin TO CITIES deleted text end OF UTILITY DISCONNECTION.

Subdivision 1.

Notice required.

new text begin (a) new text end Notwithstanding section 13.685 or any other
law or administrative rule to the contrary, a public utility, cooperative electric association,
or municipal utility must provide notice deleted text begin to a statutory city or home rule charter city, as
prescribed by this section, deleted text end of disconnection of a customer's gas or electric service new text begin to a
statutory or home rule charter city or town in which the premises are located or the holder
of a sheriff's certificate of sale for the premises, as provided under this section new text end .

new text begin (b) new text end Upon written request from a city new text begin or town new text end , on October 15 and November 1 of each
year, or the next business day if that date falls on a Saturday or Sunday, a report must be
made available to the city new text begin or town new text end of the address of properties new text begin in the city or town new text end currently
disconnected and the date of the disconnection. Upon written request deleted text begin from a city deleted text end , between
October 15 and April 15, daily reports must be made available of the address and date of
any newly disconnected properties.

new text begin (c) The holder of a sheriff's certificate of sale may request information about the
property's utility connection status. The utility must provide a method by which the holder
of the certificate may request the property's utility connection status and may require the
request to be submitted in writing, electronically, or by telephone. The request must
include the address of the property. Upon receipt of a request, a public utility, cooperative
electric association, or municipal utility must indicate whether service to the property is
currently disconnected, including the date of any disconnection; however, the utility is not
required to provide that information more frequently than once per calendar week. The
public utility, cooperative electric association, or municipal utility is not responsible for
resolving differences between an address submitted by the holder of the sheriff's certificate
and the address in the records of the utility or association.
new text end

new text begin (d) new text end A city provided notice under this section must provide the information on
disconnection to the police and fire departments of the city within three business days
of receipt of the notice.

new text begin (e) new text end For the purpose of this section, "disconnection" means a cessation of services
initiated by the public utility, cooperative electric association, or municipal utility that
affects the primary heat source of a residence deleted text begin and service deleted text end new text begin or electric service and that new text end is
not reconnected within 24 hours.

Subd. 2.

Data.

Data on customers that are provided to cities new text begin or towns new text end under
subdivision 1 are private data on individuals or nonpublic data, as defined in section 13.02.

Sec. 2.

Minnesota Statutes 2010, section 582.031, subdivision 2, is amended to read:

Subd. 2.

Authorized actions.

new text begin (a) new text end The holder of the mortgage or sheriff's certificate
may take the following actions to protect the premises from waste, trespass, or from falling
below minimum community standards for public safety and sanitation: make reasonable
periodic inspections; install or change locks on doors and windows; board windows,
doors, and other openings; install and operate an alarm system; and otherwise prevent or
minimize damage to the premises from the elements, vandalism, trespass, or other illegal
activities. If the holder of the mortgage or sheriff's certificate installs or changes locks
under this section, a key to the premises must be promptly delivered to the mortgagor or
any person lawfully claiming through the mortgagor, upon request.

new text begin (b) If the gas or electric service to the premises has been disconnected, the holder of
the sheriff's certificate of sale may have service restored or continued by paying the unpaid
charges incurred after the sheriff's sale, if the person who incurred those charges still
occupies the premises, or by becoming the bill payer responsible and customer of record
for the service if the person who incurred those charges does not occupy the premises.
A holder who becomes the customer of record of a cooperative electric association does
not acquire membership rights. Exercise of the right to pay charges does not preclude
the holder from exercising the right to become the bill payer responsible and customer
of record.
new text end

Sec. 3.

Minnesota Statutes 2010, section 582.031, subdivision 3, is amended to read:

Subd. 3.

Costs.

All costs incurred by the holder of the mortgage or sheriff's
certificate deleted text begin to protect the premises from waste or trespass or from falling below minimum
community standards for public safety and sanitation deleted text end new text begin for authorized actions under
subdivision 2, new text end may be added to the principal balance of the mortgage or the costs allowable
upon redemption. The costs may bear interest to the extent provided in the mortgage and
may be added to the redemption price if the costs are incurred after a foreclosure sale.
If the costs are incurred after a foreclosure sale, the holder of any sheriff's certificate of
sale or certificate of redemption must comply with the provisions of section 582.03. The
provisions of this section are in addition to, and do not limit or replace, any other rights or
remedies available to holders of mortgages and sheriff's certificates, at law or under the
applicable mortgage agreements.