Bill Text: MN HF2193 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Utility disconnection notice requirements expanded, energy service providers notice of sale service required, and utility payment by the holder of a sheriff's certificate provided.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-13 - Introduction and first reading, referred to Civil Law [HF2193 Detail]
Download: Minnesota-2011-HF2193-Introduced.html
1.2relating to real property; expanding utility disconnection notice requirements;
1.3requiring service of notice of sale on energy service providers; providing for
1.4payment of utilities by the holder of a sheriff's certificate; amending Minnesota
1.5Statutes 2010, sections 216B.0976; 580.03; 582.031, subdivisions 2, 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 216B.0976, is amended to read:
1.8216B.0976 NOTICETO CITIES OF UTILITY DISCONNECTION.
1.9 Subdivision 1. Notice required. (a) Notwithstanding section13.685 or any other
1.10law or administrative rule to the contrary, a public utility, cooperative electric association,
1.11or municipal utility must provide noticeto a statutory city or home rule charter city, as
1.12prescribed by this section, of disconnection of a customer's gas or electric service to a
1.13statutory or home rule charter city or town in which the premises are located or the holder
1.14of a sheriff's certificate of sale for the premises, as provided under this section.
1.15(b) Upon written request from a city or town, on October 15 and November 1 of each
1.16year, or the next business day if that date falls on a Saturday or Sunday, a report must be
1.17made available to the city or town of the address of properties in the city or town currently
1.18disconnected and the date of the disconnection. Upon written requestfrom a city, between
1.19October 15 and April 15, daily reports must be made available of the address and date of
1.20any newly disconnected properties.
1.21(c) The holder of a sheriff's certificate of sale may request information about the
1.22property's utility connection status. The request must be made in writing and include the
1.23address of the property. Upon receipt of a request, a public utility, cooperative electric
2.1association, or municipal utility must indicate whether service to the property is currently
2.2disconnected, including the date of any disconnection.
2.3 (d) A city provided notice under this section must provide the information on
2.4disconnection to the police and fire departments of the city within three business days
2.5of receipt of the notice.
2.6 (e) For the purpose of this section, "disconnection" means a cessation of services
2.7initiated by the public utility, cooperative electric association, or municipal utility that
2.8affects the primary heat source of a residenceand service or electric service and that is
2.9not reconnected within 24 hours.
2.10 Subd. 2. Data. Data on customers that are provided to cities or towns under
2.11subdivision 1 are private data on individuals or nonpublic data, as defined in section13.02 .
2.12 Sec. 2. Minnesota Statutes 2010, section 580.03, is amended to read:
2.13580.03 NOTICE OF SALE; SERVICE ON OCCUPANT AND GAS AND
2.14ELECTRIC SERVICE PROVIDERS.
2.15 Six weeks' published notice shall be given that such mortgage will be foreclosed by
2.16sale of the mortgaged premises or some part thereof, and at least four weeks before the
2.17appointed time of sale a copy of such notice shall be served in like manner as a summons
2.18in a civil action in the district court upon the person in possession of the mortgaged
2.19premises, if the same are actually occupied, and must be mailed or delivered to the gas and
2.20electric service providers in the city or town where the premises are located. If there be a
2.21building on such premises used by a church or religious corporation, for its usual meetings,
2.22service upon any officer or trustee of such corporation shall be a sufficient service upon it.
2.23The notices required by sections580.041 and
580.042 must be served simultaneously with
2.24the notice of foreclosure required by this section. Failure to mail or deliver the notice to
2.25the gas and electric service providers does not invalidate the foreclosure sale.
2.26 Sec. 3. Minnesota Statutes 2010, section 582.031, subdivision 2, is amended to read:
2.27 Subd. 2. Authorized actions. (a) The holder of the mortgage or sheriff's certificate
2.28may take the following actions to protect the premises from waste, trespass, or from falling
2.29below minimum community standards for public safety and sanitation: make reasonable
2.30periodic inspections; install or change locks on doors and windows; board windows,
2.31doors, and other openings; install and operate an alarm system; and otherwise prevent or
2.32minimize damage to the premises from the elements, vandalism, trespass, or other illegal
2.33activities. If the holder of the mortgage or sheriff's certificate installs or changes locks
3.1under this section, a key to the premises must be promptly delivered to the mortgagor or
3.2any person lawfully claiming through the mortgagor, upon request.
3.3(b) If the gas or electric service to the premises has been disconnected, the holder of
3.4the sheriff's certificate of sale may pay the charges necessary to restore or continue service,
3.5or become the bill payer responsible and customer of record for the service. A holder who
3.6becomes the customer of record of a cooperative electric association does not acquire
3.7membership rights. Exercise of the right to pay charges does not preclude the holder from
3.8exercising the right to become the bill payer responsible and customer of record.
3.9 Sec. 4. Minnesota Statutes 2010, section 582.031, subdivision 3, is amended to read:
3.10 Subd. 3. Costs. All costs incurred by the holder of the mortgage or sheriff's
3.11certificateto protect the premises from waste or trespass or from falling below minimum
3.12community standards for public safety and sanitation under this section may be added
3.13to the principal balance of the mortgage or the costs allowable upon redemption. The
3.14costs may bear interest to the extent provided in the mortgage and may be added to
3.15the redemption price if the costs are incurred after a foreclosure sale. If the costs are
3.16incurred after a foreclosure sale, the holder of any sheriff's certificate of sale or certificate
3.17of redemption must comply with the provisions of section582.03 . The provisions of
3.18this section are in addition to, and do not limit or replace, any other rights or remedies
3.19available to holders of mortgages and sheriff's certificates, at law or under the applicable
3.20mortgage agreements.
1.3requiring service of notice of sale on energy service providers; providing for
1.4payment of utilities by the holder of a sheriff's certificate; amending Minnesota
1.5Statutes 2010, sections 216B.0976; 580.03; 582.031, subdivisions 2, 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 216B.0976, is amended to read:
1.8216B.0976 NOTICE
1.9 Subdivision 1. Notice required. (a) Notwithstanding section
1.10law or administrative rule to the contrary, a public utility, cooperative electric association,
1.11or municipal utility must provide notice
1.12
1.13statutory or home rule charter city or town in which the premises are located or the holder
1.14of a sheriff's certificate of sale for the premises, as provided under this section.
1.15(b) Upon written request from a city or town, on October 15 and November 1 of each
1.16year, or the next business day if that date falls on a Saturday or Sunday, a report must be
1.17made available to the city or town of the address of properties in the city or town currently
1.18disconnected and the date of the disconnection. Upon written request
1.19October 15 and April 15, daily reports must be made available of the address and date of
1.20any newly disconnected properties.
1.21(c) The holder of a sheriff's certificate of sale may request information about the
1.22property's utility connection status. The request must be made in writing and include the
1.23address of the property. Upon receipt of a request, a public utility, cooperative electric
2.1association, or municipal utility must indicate whether service to the property is currently
2.2disconnected, including the date of any disconnection.
2.3 (d) A city provided notice under this section must provide the information on
2.4disconnection to the police and fire departments of the city within three business days
2.5of receipt of the notice.
2.6 (e) For the purpose of this section, "disconnection" means a cessation of services
2.7initiated by the public utility, cooperative electric association, or municipal utility that
2.8affects the primary heat source of a residence
2.9not reconnected within 24 hours.
2.10 Subd. 2. Data. Data on customers that are provided to cities or towns under
2.11subdivision 1 are private data on individuals or nonpublic data, as defined in section
2.12 Sec. 2. Minnesota Statutes 2010, section 580.03, is amended to read:
2.13580.03 NOTICE OF SALE; SERVICE ON OCCUPANT AND GAS AND
2.14ELECTRIC SERVICE PROVIDERS.
2.15 Six weeks' published notice shall be given that such mortgage will be foreclosed by
2.16sale of the mortgaged premises or some part thereof, and at least four weeks before the
2.17appointed time of sale a copy of such notice shall be served in like manner as a summons
2.18in a civil action in the district court upon the person in possession of the mortgaged
2.19premises, if the same are actually occupied, and must be mailed or delivered to the gas and
2.20electric service providers in the city or town where the premises are located. If there be a
2.21building on such premises used by a church or religious corporation, for its usual meetings,
2.22service upon any officer or trustee of such corporation shall be a sufficient service upon it.
2.23The notices required by sections
2.24the notice of foreclosure required by this section. Failure to mail or deliver the notice to
2.25the gas and electric service providers does not invalidate the foreclosure sale.
2.26 Sec. 3. Minnesota Statutes 2010, section 582.031, subdivision 2, is amended to read:
2.27 Subd. 2. Authorized actions. (a) The holder of the mortgage or sheriff's certificate
2.28may take the following actions to protect the premises from waste, trespass, or from falling
2.29below minimum community standards for public safety and sanitation: make reasonable
2.30periodic inspections; install or change locks on doors and windows; board windows,
2.31doors, and other openings; install and operate an alarm system; and otherwise prevent or
2.32minimize damage to the premises from the elements, vandalism, trespass, or other illegal
2.33activities. If the holder of the mortgage or sheriff's certificate installs or changes locks
3.1under this section, a key to the premises must be promptly delivered to the mortgagor or
3.2any person lawfully claiming through the mortgagor, upon request.
3.3(b) If the gas or electric service to the premises has been disconnected, the holder of
3.4the sheriff's certificate of sale may pay the charges necessary to restore or continue service,
3.5or become the bill payer responsible and customer of record for the service. A holder who
3.6becomes the customer of record of a cooperative electric association does not acquire
3.7membership rights. Exercise of the right to pay charges does not preclude the holder from
3.8exercising the right to become the bill payer responsible and customer of record.
3.9 Sec. 4. Minnesota Statutes 2010, section 582.031, subdivision 3, is amended to read:
3.10 Subd. 3. Costs. All costs incurred by the holder of the mortgage or sheriff's
3.11certificate
3.12
3.13to the principal balance of the mortgage or the costs allowable upon redemption. The
3.14costs may bear interest to the extent provided in the mortgage and may be added to
3.15the redemption price if the costs are incurred after a foreclosure sale. If the costs are
3.16incurred after a foreclosure sale, the holder of any sheriff's certificate of sale or certificate
3.17of redemption must comply with the provisions of section
3.18this section are in addition to, and do not limit or replace, any other rights or remedies
3.19available to holders of mortgages and sheriff's certificates, at law or under the applicable
3.20mortgage agreements.
