1.1.................... moves to amend H.F. No. 356 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2008, section 327C.03, is amended by adding a
1.4subdivision to read:
1.5 Subd. 6. Payment to the Minnesota manufactured home relocation trust fund.
1.6In the event a park owner has been assessed under section 327C.095, subdivision 12,
1.7paragraph (c), the park owner may collect, along with monthly lot rent, a fee of no more
1.8than $1 per month to cover the cost of participating in the relocation trust fund. The
1.9$1 fee must be separately itemized and clearly labeled "Minnesota manufactured home
1.10relocation trust fund."
1.11 Sec. 2. Minnesota Statutes 2008, section 327C.095, subdivision 12, is amended to read:
1.12 Subd. 12.
Payment to the Minnesota manufactured home relocation trust fund.
1.13 (a) If a manufactured home owner is required to move due to the conversion of all or a
1.14portion of a manufactured home park to another use, the closure of a park, or cessation
1.15of use of the land as a manufactured home park, the manufactured park owner shall,
1.16upon the change in use, pay to the commissioner of finance for deposit in the Minnesota
1.17manufactured home relocation trust fund under section
462A.35, the lesser amount of the
1.18actual costs of moving or purchasing the manufactured home approved by the neutral
1.19third party and paid by the Minnesota Housing Finance Agency under subdivision 13,
1.20paragraph (a) or (e), or $3,250 for each single section manufactured home, and $6,000 for
1.21each multisection manufactured home, for which a manufactured home owner has made
1.22application for payment of relocation costs under subdivision 13, paragraph (c). The
1.23manufactured home park owner shall make payments required under this section to the
1.24Minnesota manufactured home relocation trust fund within 60 days of receipt of invoice
1.25from the neutral third party.
2.1 (b) A manufactured home park owner is not required to make the payment prescribed
2.2under paragraph (a), nor is a manufactured home owner entitled to compensation under
2.3subdivision 13, paragraph (a) or (e), if:
2.4 (1) the manufactured home park owner relocates the manufactured home owner to
2.5another space in the manufactured home park or to another manufactured home park at
2.6the park owner's expense;
2.7 (2) the manufactured home owner is vacating the premises and has informed the
2.8manufactured home park owner or manager of this prior to the mailing date of the closure
2.9statement under subdivision 1;
2.10 (3) a manufactured home owner has abandoned the manufactured home, or the
2.11manufactured home owner is not current on the monthly lot rental, personal property
2.12taxes, or has failed to pay the annual $12 payments to the Minnesota manufactured home
2.13relocation trust fund when due;
2.14 (4) the manufactured home owner has a pending eviction action for nonpayment of
2.15lot rental amount under section
327C.09, which was filed against the manufactured home
2.16owner prior to the mailing date of the closure statement under subdivision 1, and the writ
2.17of recovery has been ordered by the district court;
2.18 (5) the conversion of all or a portion of a manufactured home park to another use,
2.19the closure of a park, or cessation of use of the land as a manufactured home park is the
2.20result of a taking or exercise of the power of eminent domain by a governmental entity
2.21or public utility; or
2.22 (6) the owner of the manufactured home is not a resident of the manufactured home
2.23park, as defined in section
327C.01, subdivision 9, or the owner of the manufactured home
2.24is a resident, but came to reside in the manufactured home park after the mailing date of
2.25the closure statement under subdivision 1.
2.26 (c)
Owners of manufactured homes who rent lots in a manufactured home park shall
2.27make annual payments to the park owner, to be deposited in the Minnesota manufactured
2.28home relocation trust fund under section
462A.35, in the amount of $12 per year, per
2.29manufactured home, payable on August 15 of each year. On or before July 15 of each
2.30year, the commissioner of finance shall prepare and post on the department's Web site a
2.31generic invoice and cover letter explaining the purpose of the Minnesota manufactured
2.32home relocation trust fund, the obligation of each manufactured home owner to make an
2.33annual $12 payment into the fund, the due date, and the need to pay to the park owner
2.34for collection, and a warning, in 14-point font, that if the annual payments are not made
2.35when due, the manufactured home owner will not be eligible for compensation from the
2.36fund if the manufactured home park closes. The park owner shall receive, record, and
3.1commingle the payments and forward the payments to the commissioner of finance by
3.2September 15 of each year, with a summary by the park owner, certifying the name,
3.3address, and payment amount of each remitter, and noting the names and address of
3.4manufactured home owners who did not pay the $12 annual payment, sent to both the
3.5commissioner of finance and the commissioner of the Minnesota Housing Finance
3.6Agency. The commissioner of finance shall deposit the payments in the Minnesota
3.7manufactured home relocation trust fund. Owners of manufactured homes who rent lots in
3.8a manufactured home park shall make annual payments to the park owner, to be deposited
3.9in the Minnesota manufactured home relocation trust fund under section 462A.35, in the
3.10amount of $12 per year per manufactured home. Manufactured home owners have 30
3.11days, beginning July 15 to make this payment. The commissioner of finance must compile
3.12and maintain a database of manufactured home parks in the state that include the number
3.13of lots in each park. By July 1 of each year, the commissioner of finance shall prepare and
3.14mail a notice to each park owner explaining the purpose of the Minnesota manufactured
3.15home relocation trust fund, the obligation of each manufactured home owner to make an
3.16annual $12 payment into the fund, the due date, the need to pay to the park owner for
3.17collection, and the requirement that park owners must report to the commissioner of
3.18finance those manufactured home owners that have paid the $12 fee and those that have
3.19not. The notice must also include a warning in 14-point font that if the annual payment is
3.20not made when due, the manufactured home owner will not be eligible for compensation
3.21from the fund if the manufactured home park closes. The park owner shall receive, record,
3.22and commingle payments from home owners and forward them to the commissioner of
3.23finance, with a summary by the park owner, certifying the name, address, and payment
3.24amount of each remitter, as well as noting the names and addresses of owners who did
3.25not pay the $12 fee. The commissioner of finance shall require park owners to submit
3.26this information by September 15 of each year on a form prepared by the commissioner.
3.27If a park owner fails to submit the required form, beginning October 1 of each year,
3.28the commissioner of finance shall send an invoice to the park owner assessing the park
3.29owner for the amount due, which is the $12 annual fee multiplied by the number of lots
3.30in the park. The commissioner of finance shall deposit all payments received under this
3.31paragraph in the Minnesota manufactured home relocation trust fund.
3.32 (d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable
3.33by the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by
3.34action in a court of appropriate jurisdiction.
3.35 Sec. 3. Laws 2007, chapter 141, section 9, is amended to read:
4.1 Sec. 9.
ADVANCES TO THE MINNESOTA MANUFACTURED HOME
4.2RELOCATION TRUST FUND.
4.3 (a) The Minnesota Housing Finance Agency may advance money from state
4.4appropriations or other resources to the Minnesota manufactured home relocation trust
4.5fund established under Minnesota Statutes, section
462A.35, in the event that money in
4.6the Minnesota manufactured home relocation trust fund is insufficient to pay the amounts
4.7claimed under Minnesota Statutes, section
327.095, subdivision 13. This paragraph
4.8sunsets on June 30,
2009 2011.
4.9 (b) The Minnesota Housing Finance Agency shall be reimbursed from the Minnesota
4.10manufactured home relocation trust fund for any money advanced by the agency under
4.11paragraph (a) to the fund. Applications for payment to manufactured home owners shall
4.12be paid before reimbursement of money advanced by the agency to the fund."
4.13Renumber the sections in sequence and correct the internal references
4.14Amend the title accordingly