Bill Text: MN HF2132 | 2011-2012 | 87th Legislature | Chaptered

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Bill Title: Washington County Housing and Redevelopment Authority and the Anoka County Housing and Redevelopment Authority jurisdiction clarified.

Sponsorship: Moderate Partisan Bill (Republican 8-1)

Status: (Passed) 2012-04-23 - Secretary of State Chapter 199 04/20/12 [HF2132 Detail]

Download: Minnesota-2011-HF2132-Chaptered.html

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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, having . Except as otherwise provided in this
section, the Anoka County Housing and Redevelopment Authority has all of the powers
and duties of a county authority and a county housing and redevelopment authority under
the provisions of 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
sections 469.001 to 469.047 and any other law.
    Subd. 2. Municipal authorities. This section shall not limit or restrict any existing
housing and redevelopment authority existing on or before May 3, 2011, or prevent a
municipality from creating an authority with the concurrence of the county under section
469.004, subdivision 5. The county shall not exercise jurisdiction in any municipality
where a municipal housing and redevelopment authority is established 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. 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.
EFFECTIVE DATE.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.

    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 and the location of the project 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.
EFFECTIVE DATE.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.

    Sec. 3. Laws 1974, chapter 475, section 1, is amended to read:
    Section 1. WASHINGTON COUNTY; HOUSING AND REDEVELOPMENT
AUTHORITY.
There is hereby 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 housing and redevelopment county authority under
the provisions of the municipal housing and redevelopment act, Minnesota Statutes,
sections 462.411 to 462.711, and acts amendatory thereof; which act applies 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
to the county of Washington. 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.
EFFECTIVE DATE.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.

    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 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. 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.
EFFECTIVE DATE.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.

    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 such the project is within the boundaries of any
incorporated village, statutory or home rule charter city or township, the project and the
location of such the project shall be approved subject to approval by the governing body
of such village, the city, or township. The procedures in Minnesota Statutes, section
469.007, subdivision 2, shall apply to the governing body project and location approvals
required by this section.
EFFECTIVE DATE.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.

    Sec. 6. PRIOR ACTIVITIES.
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.
EFFECTIVE DATE.This section is effective the day following final enactment.