Minnesota Session Laws - 2012, Regular Session

CHAPTER 199--H.F.No. 2132

An act

relating to housing and redevelopment authorities; clarifying the jurisdiction of the Washington County Housing and Redevelopment Authority and the Anoka County Housing and Redevelopment Authority;

amending Minnesota Statutes 2010, sections 383E.17; 383E.18; Laws 1974, chapter 475, sections 1; 2, subdivision 1; 3.

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

Section 1.

Minnesota Statutes 2010, section 383E.17, is amended to read:

383E.17 HOUSING AND REDEVELOPMENT.

Subdivision 1.

Housing and redevelopment authority.

There is created in the county of Anoka a public body corporate and politic, to be known as the Anoka County Housing and Redevelopment Authority deleted text begin , having deleted text end new text begin . Except as otherwise provided in this section, the Anoka County Housing and Redevelopment Authority has new text end all of the powers and 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 the provisions of deleted text begin the Municipal Housing and Redevelopment Act, Minnesota Statutes 1986, sections 462.411 to 462.711. For the purposes of applying the provisions of the Municipal Housing and Redevelopment Act to Anoka County, the county has all of the powers and duties of a municipality, the county board has all of the powers and duties of a governing body, the chair of the county board has all of the powers and duties of a mayor, and the area of operation includes the area within the territorial boundaries of the county deleted text end new text begin sections 469.001 to 469.047 and any other law new text end .

Subd. 2.

Municipal authorities.

This section shall not limit or restrict any deleted text begin existing deleted text end housing and redevelopment authority new text begin existing on or before May 3, 2011, new text end or prevent a municipality from creating an authority new text begin with the concurrence of the county under section 469.004, subdivision 5 new text end . The county shall not exercise jurisdiction in any municipality where a municipal housing and redevelopment authority is established new text begin on or before May 3, 2011. Except for the area in those municipalities, the Anoka County Housing and Redevelopment Authority's jurisdiction and area of operations includes all of the area within the territorial boundaries of the county and includes the areas within the boundaries of all other municipalities in the county. Local approval of all projects is required pursuant to section 383E.18 new text end . If a municipal housing and redevelopment authority requests the Anoka County Housing and Redevelopment Authority to handle the housing duties of the municipal authority, the Anoka County Housing and Redevelopment Authority shall act and have exclusive jurisdiction for housing in the municipality. A transfer of duties relating to housing shall not transfer any duties relating to redevelopment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing bodies of Anoka County and the Anoka County Housing and Redevelopment Authority and their chief clerical officers timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end

Sec. 2.

Minnesota Statutes 2010, section 383E.18, is amended to read:

383E.18 LOCAL APPROVAL.

Before a housing or redevelopment project of the Anoka County Housing and Redevelopment Authority is undertaken, the project new text begin and the location of the project new text end shall be approved by the local governing body with jurisdiction over all or any part of the area in which the proposed project is located.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing bodies of Anoka County and the Anoka County Housing and Redevelopment Authority and their chief clerical officers timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end

Sec. 3.

Laws 1974, chapter 475, section 1, is amended to read:

Section 1.

WASHINGTON COUNTY; HOUSING AND REDEVELOPMENT AUTHORITY.

There is deleted text begin hereby deleted text end created in Washington county a public body corporate and politic, to be known as the Washington County Housing and Redevelopment Authority, having all the powers and duties of a deleted text begin housing and redevelopment deleted text end new text begin county new text end authority under the provisions of deleted text begin the municipal housing and redevelopment act, deleted text end Minnesota Statutes, sections deleted text begin 462.411 to 462.711, and acts amendatory thereof; which act applies deleted text end new text begin 469.001 to 469.047, and all powers of a county housing and redevelopment authority under any other provisions of Minnesota law, and Minnesota Statutes, sections 469.001 to 469.047 apply new text end to the county of Washington. deleted text begin For the purposes of applying the provisions of the municipal housing and redevelopment act to Washington county, the county has all of the powers and duties of a municipality, the county board has all of the powers and duties of a governing body, the chairman of the county board has all the powers and duties of a mayor, and the area of operation includes the area within the territorial boundaries of the county. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of Washington County and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end

Sec. 4.

Laws 1974, chapter 475, section 2, subdivision 1, is amended to read:

Subdivision 1.

This act shall not limit or restrict any existing housing and redevelopment authority deleted text begin or prevent a municipality from creating an authority. The county shall not exercise jurisdiction in any municipality where a municipal housing and redevelopment authority is established deleted text end . new text begin The jurisdiction and area of operation of the Washington County Housing and Redevelopment Authority includes all of the area within the territorial boundaries of the county and includes the areas within the boundaries of every city in the county and the area of operation of city housing and redevelopment authorities in the county, whenever created, and notwithstanding any provision of Minnesota Statutes, section 469.005, subdivision 1, or 469.008, subject, however, to section 3. The jurisdiction and area of operation of the Washington County Housing and Redevelopment Authority is not affected by any concurrence by the Washington County Housing and Redevelopment Authority under Minnesota Statutes, section 469.004, subdivision 5. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of Washington County and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end

Sec. 5.

Laws 1974, chapter 475, section 3, is amended to read:

Sec. 3.

MUNICIPAL APPROVAL.

If any housing or redevelopment project is undertaken in Washington county pursuant to this authorization, and deleted text begin such deleted text end new text begin the new text end project is within the boundaries of any deleted text begin incorporated village, deleted text end new text begin statutory or home rule charter new text end city or township, new text begin the project and new text end the location of deleted text begin such deleted text end new text begin the new text end project shall be deleted text begin approved deleted text end new text begin subject to approval new text end by the governing body of deleted text begin such village, deleted text end new text begin the new text end city deleted text begin , deleted text end or township. new text begin The procedures in Minnesota Statutes, section 469.007, subdivision 2, shall apply to the governing body project and location approvals required by this section. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after the governing body of Washington County and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3. new text end

Sec. 6.

new text begin PRIOR ACTIVITIES. new text end

new text begin Sections 1, 2, and 3 are, in part, remedial in nature. Actions of Washington County or the Washington County Housing and Redevelopment Authority prior to the effective date of those sections are not invalid or unenforceable for exercising powers that are authorized by sections 1, 2, and 3. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Presented to the governor April 18, 2012

Signed by the governor April 20, 2012, 5:09 p.m.