1.1.................... moves to amend H.F. No. 2150, the delete everything amendment
1.2(H2150DE3), as follows:
1.3Pages 1 to 3, delete sections 1 and 2 and insert:
1.4 "Section 1. Minnesota Statutes 2008, section 327C.03, is amended by adding a
1.5subdivision to read:
1.6 Subd. 6. Payment to the Minnesota manufactured home relocation trust fund.
1.7In the event a park owner has been assessed under section 327C.095, subdivision 12,
1.8paragraph (c), the park owner may collect the $12 annual payment required by section
1.9327C.095, subdivision 12, for participation in the relocation trust fund, as a lump sum
1.10or, along with monthly lot rent, a fee of no more than $1 per month to cover the cost of
1.11participating in the relocation trust fund. The $1 fee must be separately itemized and
1.12clearly labeled "Minnesota manufactured home relocation trust fund."
1.13 Sec. 2. Minnesota Statutes 2008, section 327C.095, subdivision 12, is amended to read:
1.14 Subd. 12.
Payment to the Minnesota manufactured home relocation trust fund.
1.15 (a) If a manufactured home owner is required to move due to the conversion of all or a
1.16portion of a manufactured home park to another use, the closure of a park, or cessation
1.17of use of the land as a manufactured home park, the manufactured park owner shall,
1.18upon the change in use, pay to the commissioner of finance for deposit in the Minnesota
1.19manufactured home relocation trust fund under section
462A.35, the lesser amount of the
1.20actual costs of moving or purchasing the manufactured home approved by the neutral
1.21third party and paid by the Minnesota Housing Finance Agency under subdivision 13,
1.22paragraph (a) or (e), or $3,250 for each single section manufactured home, and $6,000 for
1.23each multisection manufactured home, for which a manufactured home owner has made
1.24application for payment of relocation costs under subdivision 13, paragraph (c). The
1.25manufactured home park owner shall make payments required under this section to the
2.1Minnesota manufactured home relocation trust fund within 60 days of receipt of invoice
2.2from the neutral third party.
2.3 (b) A manufactured home park owner is not required to make the payment prescribed
2.4under paragraph (a), nor is a manufactured home owner entitled to compensation under
2.5subdivision 13, paragraph (a) or (e), if:
2.6 (1) the manufactured home park owner relocates the manufactured home owner to
2.7another space in the manufactured home park or to another manufactured home park at
2.8the park owner's expense;
2.9 (2) the manufactured home owner is vacating the premises and has informed the
2.10manufactured home park owner or manager of this prior to the mailing date of the closure
2.11statement under subdivision 1;
2.12 (3) a manufactured home owner has abandoned the manufactured home, or the
2.13manufactured home owner is not current on the monthly lot rental, personal property
2.14taxes
, or has failed to pay the annual $12 payments to the Minnesota manufactured home
2.15relocation trust fund when due;
2.16 (4) the manufactured home owner has a pending eviction action for nonpayment of
2.17lot rental amount under section
327C.09, which was filed against the manufactured home
2.18owner prior to the mailing date of the closure statement under subdivision 1, and the writ
2.19of recovery has been ordered by the district court;
2.20 (5) the conversion of all or a portion of a manufactured home park to another use,
2.21the closure of a park, or cessation of use of the land as a manufactured home park is the
2.22result of a taking or exercise of the power of eminent domain by a governmental entity
2.23or public utility; or
2.24 (6) the owner of the manufactured home is not a resident of the manufactured home
2.25park, as defined in section
327C.01, subdivision 9, or the owner of the manufactured home
2.26is a resident, but came to reside in the manufactured home park after the mailing date of
2.27the closure statement under subdivision 1.
2.28 (c)
Owners of manufactured homes who rent lots in a manufactured home park shall
2.29make annual payments to the park owner, to be deposited in the Minnesota manufactured
2.30home relocation trust fund under section
462A.35, in the amount of $12 per year, per
2.31manufactured home, payable on August 15 of each year. On or before July 15 of each
2.32year, the commissioner of finance shall prepare and post on the department's Web site a
2.33generic invoice and cover letter explaining the purpose of the Minnesota manufactured
2.34home relocation trust fund, the obligation of each manufactured home owner to make an
2.35annual $12 payment into the fund, the due date, and the need to pay to the park owner for
2.36collection, and a warning, in 14-point font, that if the annual payments are not made when
3.1due, the manufactured home owner will not be eligible for compensation from the fund if
3.2the manufactured home park closes. The park owner shall receive, record, and commingle
3.3the payments and forward the payments to the commissioner of finance by September
3.415 of each year, with a summary by the park owner, certifying the name, address, and
3.5payment amount of each remitter, and noting the names and address of manufactured home
3.6owners who did not pay the $12 annual payment, sent to both the commissioner of finance
3.7and the commissioner of the Minnesota Housing Finance Agency. The commissioner of
3.8finance shall deposit the payments in the Minnesota manufactured home relocation trust
3.9fund. The commissioner of finance shall annually assess each manufactured home park
3.10owner by mail the total amount of $12 for each licensed lot in their park, payable on
3.11or before September 15 of each year. The commissioner of finance shall deposit the
3.12payments in the Minnesota manufactured home relocation trust fund. On or before July
3.1315 of each year, the commissioner of finance shall prepare and distribute to park owners
3.14a letter explaining the collection, an invoice for all licensed lots, and a sample form for
3.15the park owners to collect information on which park residents have been accounted for.
3.16The park owner may recoup the cost of the assessment with a monthly fee of no more
3.17than $1 collected from park residents together with monthly lot rent as provided in section
3.18327C.03, subdivision 1. Park owners may adjust payment for lots in their park that are
3.19vacant or otherwise not eligible for contribution to the trust fund under section 327C.095,
3.20subdivision 12, paragraph (b), and deduct from the assessment, accordingly.
3.21 (d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
3.22the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
3.23in a court of appropriate jurisdiction.
The court shall award a prevailing party reasonable
3.24attorney fees, court costs, and disbursements."
3.25Renumber the sections in sequence and correct the internal references
3.26Amend the title accordingly